Shopping Cart

Terms

Terms

We are Simba Sleep Pty. Ltd. (ACN 621 118 205, ABN 82 621 118 205), and our registered office is located at L1 70-80 Wellington Street, Collingwood, Victoria, 3066.

Please read these terms carefully. They apply to your use of our site, simbasleep.com.au, and to any purchases you make via our site. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information. If you have any questions, please contact us by post at 1A Glasshouse, Collingwood, Victoria 3066.

 

  1. General

1.1 For the purpose of these terms the following words shall have the following definitions.

1.1.1 ‘we’, ‘us’ or ‘our’ refers to Simba Sleep Pty. Ltd.; 
1.1.2 ‘you’ or ‘your’ refers to the person using our site to buy Products from us;
1.1.3 ‘the Parties’ refers to both Simba Sleep Limited and the person using our site to buy Products from us;
1.1.4 ‘Product’ or ‘Products’ refers to any Simba mattress, pillow, bed base or duvet; and
1.1.5 ‘Special Delivery’ refers to any delivery option that is not the standard and least expensive method for delivery provided in the region of sale.

1.2 By purchasing Products on our site you agree to be legally bound by these Terms and any documents referred to therein. Our Privacy policy, delivery information, returns policy (as detailed on our website) and the information contained in our post-order correspondence with you, all form part of the contract for sale between the Parties as though set out in full here.

1.3 You may only buy Products from our site for non-business reasons. If you want to buy our Products for your business you should contact us on the details at the bottom of these terms to discuss our business to business terms.

1.4 In the unlikely event that we have to change any of the key information relating to this contract once it has been accepted this must be done by way of written agreement between the Parties.

 

  1. Ordering Products from us

2.1 When placing an order on our website please read and check the details carefully before submitting it. Although we may be able to amend details relating to you order, we are under no obligation to do so.

2.2. When the checkout process has been completed and the order is placed, you will receive an email acknowledgement that the order has been received. This acknowledgement does not amount to our acceptance of your offer to buy.

2.3 We may contact you to say that we do not accept your offer. This will generally be for reasons which include, but are not limited to, the following.

i) the Products are unavailable;
ii) we cannot authorise your payment, for fraud/security reasons or otherwise;
iii) you are not allowed to buy the Products from us;
iv) we are not allowed to sell the Products to you;
v) you have ordered too many Products;
vi) there has been a mistake on the pricing or description of the Products (where permissible under applicable legislation or regulations).

    2.3 We reserve the right to refuse to sell any product to any person, and in any circumstances. In the unlikely event that we need to do this, we will notify you within a reasonable period. 

    2.4 A legally binding contract will only exist between the Parties where we have received payment in full and you have received a shipping confirmation email. At this point, the contract is active and we will make arrangements to dispatch the Products to your stipulated delivery address provided your order clears our fraud check processes.

     

    1. Payment

    3.1 We accept payment via credit cards, debit cards and third-party finance providers. We do not accept bank to bank transfers, cash deposits to our bank account, cheques or cash payments.

    3.2 We will take all reasonable steps to ensure all the information provided by you during payment is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be liable for any loss that you may incur in the unlikely event that a third party gains unauthorised access to any information you provide to us.

    3.3 Where you have paid by credit or debit card, the card will be charged at the time your payment is approved by us. All payments by credit card or debit card need to be authorised by the relevant card issuer.

    3.4 If you have paid for Products which we cannot supply we will refund you as soon as possible.

    3.5 If your payment is not received by us and you have already received the Products, you must pay for the Products within 14 days, or return them to us as soon as possible. In such an instance, you must keep the Products in your possession, take reasonable care of them (following any instructions or manuals given with the Products) and not use them before returning them to us.

    3.6 Failure to return Products which have not been paid for within 14 days, entitles us to collect the Products from you at your expense, including any loss of value the Products may have incurred while in your possession.

    3.7 The price of the Products is listed and payable in Australian Dollars ($)(AUD) for Products purchased in Australia.

    3.8 The price includes GST (or other applicable taxes) at the applicable rate and the cost of standard delivery.

    3.9 Details regarding our delivery provider are available on the FAQ section of our webpage.

     

    1. Discount Codes

    4.1 Any discount code offered by us in relation to our products is offered on the basis of good will and Simba reserves the right to refuse to apply any discount code at our discretion and under any circumstances.

    4.2 Without prejudice to clause 4.1, a discount code will not be applied in circumstances which include but are not limited to the following.

    4.2.1 where the discount is calculated as a percentage of the original order value and the order value does not exceed $450;
    4.2.2 where the discount is a set monetary value and there is not a mattress in the purchase order;
    4.2.3 where a discount has already been applied to the purchase order;
    4.2.4 where the expiry date, as specified in the material accompanying the discount code, has passed; or
    4.2.5 where the order has already been placed and payment has been received.

    4.3 Discount codes are not transferable to any other person and are not redeemable for cash or credit.

     

    1. Delivery

    5.1 Your Product will be delivered by Designer Logistics, a third party logistics provider contracted by us.

    5.2 The estimated date for delivery of the Products will be set out in the Shipping Email. The specific time window for delivery will be made known to you by the delivery company.

    5.3 If you want us to deliver to a different address, you should notify us by post. In such an event, time will be of the essence and we make no guarantee that we will be able to change the delivery address in time for the Product to be delivered to the changed address.

    5.4 Changing your delivery address after the contract exists may cause your order to be delayed as we may, at our discretion, require extra fraud/security checks.

    5.5 In the unlikely event that something outside of our control affects the estimated date of delivery, we will notify you of the revised estimated date for delivery of the Products as soon as possible. Under no circumstances will we be obliged to refund any portion of the delivery costs or purchase price for late delivery.

    5.6 Delivery will be effective from the time that the products are delivered to the address provided by you in the ordering process. Responsibility for the Products passes upon completion of effective delivery.

    5.7 Delivery will be made by two persons to your door step. We request that Designer Logistics deliveries are taken by an adult. If you wish for a minor to accept the delivery, please be aware that Designer Logistics staff may enter the property to carry out their duties. We accept no liability for the conduct of any Designer Logistics employee or contractor when delivering Simba Products.

    5.8 Delivery persons will not ask the recipient of the delivery for any form of ID and will not make any other attempt to verify that the recipient is you, or a person authorised by you to accept delivery of the Products. For this reason, we advise that you are present during the time of delivery to ensure that you receive the Product directly.

    5.9 If nobody is available to take delivery, please contact us using the contact details at the bottom of this page.

    5.10 Unless otherwise mutually agreed, if we cannot deliver your Products within 30 days, we will notify you by email; cancel your order and give you a full refund.

     

    6. Right to cancel and return

    6.1 You may cancel any contract for sale with Simba and return any Products within 14 days of delivery of those Products without giving any reason.

    6.2 Should you wish to return a pillow, duvet or mattress protector the Product must remain ‘as delivered’ and where possible in its original packaging. These products are not suitable for return because of hygiene reasons and as such we reserve the right to refuse any returned pillow, duvet or mattress protector which exhibits any evidence of use within the first 14 days, unless the product is faulty.

    6.3 These rights are in addition to any statutory rights you have under the Australian Consumer Law.

     6.4 To exercise your right to cancel, you must clearly notify us of your intention to cancel within 14 days of the date of delivery by email or in writing. Such a notice should include: your name; address; order number; date of order; date that your product was received.

     

    1. 100 night trial

    7.1 As a good will gesture, we agree to extend your legal right to cancel your order of a Simba mattress to 100 days. All we ask is for you to tell us the reason for your cancellation. Failure to provide a reason may delay the collection of your mattress, but ultimately will not void your right to return the mattress under the 100 night trial.

    7.2 The period to cancel expires at 00:00 on the 100th day since the date the mattress was delivered.

    7.3 This right must be exercised within the 100 day period by the same method stipulated in clause 6.4.

    7.4 Following a notice of your intention to cancel, collection must be arranged and executed not later than 14 days from the date that you notified us of your intent to cancel. Failure to arrange collection may, save any exceptional circumstances which must be communicated to us, (and which will be accepted or declined solely at our discretion), invalidate your right to cancel the contract.

    7.5 You may only make and cancel a mattress order once under the 100 night trial. Any subsequent mattress ordered will have no trial period, save clause 7.6.

    7.6 Where a claim is made under the mattress guarantee or your statutory rights, in accordance with clause 11, and a replacement mattress is delivered to you, your 100 night trial will be paused and continues upon receipt of the replacement. Claims under these rights will not limit your entitlement to 100 nights to trial the mattress.

    7.7 The 100 night trial is offered on the basis of good will, and as such, we reserve the right to refuse the 100 night trial to anyone and in any circumstances, including without limitation, where an individual is associated with a mattress manufacturer/brand.

    7.8 The 100 night trial applies to mattresses only, and no other Simba Products.

     

    1. Effects of Cancellation

    8.1 If you cancel your contract for sale of a Product, subject to these terms, we will refund to you all payments received from you in relation to the contract, including the costs of delivery.

    8.2 We will refund you without undue delay, and not later than:

    8.2.1 14 days after the day we received back from you any Products supplied, or
    8.2.2 If earlier, 14 days after the day you provide evidence that you have returned the Products, or
    8.2.3 if there were no Products supplied, 14 days after the day on which you notified us of your intention to cancel the contract.

    8.3 We will make the reimbursement using the same means of payment you used for the initial transaction, unless expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement save clause 8.1.

    8.4 If you have received a mattress we will ask you to communicate an appropriate date for collection. If agreed by us we will collect the Products on the date stipulated without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation. Failure to communicate with us to arrange collection within the period allowed may void your rights to a return under the 100 night trial.

    8.5 If you have received a Pillow it can be packaged and sent back to us in accordance with our normal returns process.

    8.6 You are responsible for packaging and passing the Products to our third-party collection company. We ask that you retain the original packaging for the purposes of returning a Product, if this is not possible please package the product in suitable alternative packaging.

     

    9. Faulty Products

    9.1 Should your product exhibit defects during its expected lifespan you are entitled to:

    (i) a full refund within 30 days
    (ii) a replacement or repair within 6 months. If this is not possible then you will be entitled to a full refund.
    (iii) if the Products do not last a reasonable length of time you may be entitled to some money back within 6 years.

    9.2 Nothing in this contract affects your statutory rights. You may also have other rights in law.

    9.3 For more detailed information on these rights and what you should expect from us, please visit our FAQs web page or contact us using the contact details at the bottom of this page

     

    10. Guarantee

    10.1 Simba guarantees to replace any mattress which exhibits a material defect within 10 years of the delivery date, subject to the full terms set out here (LINK).

     

    11. End of the contract

    11.1 Termination of this contract will not affect our right to receive any money which you owe to us under this contract. 

    11.2 Save specific exceptions we are not legally responsible for any losses that:

    11.2.1 were not foreseeable to the Parties when the contract was formed
    11.2.2 were not caused by any breach on our part
    11.2.3 are business losses
    11.2.4 are losses to non-consumers

    11.3 For the avoidance of doubt, nothing in clause 12.2 limits our liability for death or personal injury.

     

    12. Disputes

    12.1 We will try to resolve any disputes with you quickly and efficiently.

    12.2 If you are unhappy with any Products supplied; your customer experience or any other other matter please contact us as soon as possible by post at 1A GlasshouseCollingwood, Victoria 3066.

    12.3 These Terms shall be governed by the laws of the state of Victoria, and the courts of the state of Victoria shall determine any dispute hereunder.  If you bring any legal claim against Us then you must do so before the courts or tribunals of Victoria, Australia, or the Victorian registry of Australian federal courts. We may bring any claim against you in either Victoria or in the jurisdiction in which you are located.

     

     13. Intellectual Property

    13.1 Simba and Hybrid are registered trademarks of Simba Sleep Limited in certain jurisdictions. Our website may also include trademarks owned by third parties – all those trademarks are the property of their respective owners.

    13.2 Copyright subsists in all Simba’s webpages including the images and texts featured therein.

    13.3 If you don't understand any of this contract and/or want to talk to us about it, or want to discuss business to business terms please post at: 1A Glasshouse, Collingwood, VIC 3066.