Terms & Conditions

This site is managed and operated by BedGuard. When you purchase. Products using the Site, you are entering into an agreement with BedGuard. Your access to and use of the Site, including your order of Products through the Site, is governed by these terms & conditions.

Australian Sales and Delivery Only

We sell Products within Australia only and can only ship to a location where we can provide a delivery service. We do not make deliveries outside of Australia.

Compliance

By using the Site you agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.

You agree not to use any data listed on the site for commercial purposes e.g. through price comparison or information plagiarism.

Capacity to place orders

You must be eighteen (18) years of age or older to place orders on the Site. If you are under 18, you may use the Site only with involvement/approval of a parent or guardian. Should BedGuard suffer any damage or other losses as a result of a transaction entered into by a minor, BedGuard reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Forty Winks.

Your Account

In order to purchase Products using the Site for the first time, you must either create a new user account (“Account”) or make your purchases as a guest (“Guest”). In order to purchase Products using the Site you will be require to input certain information such as your name, delivery address, billing address, phone number and email address. BedGuard may verify the information that you provide before accepting the creation of a new Account, or accepting a purchase by a Guest. By using the Site, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.

Placing an order for Products

You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions. Any order placed through the Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order from BedGuard. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site. You agree to provide us with current, complete and accurate details when asked to do so on the Site or by BedGuard.

Acceptance of an order

No information on our website constitutes or should be deemed as an offer by us to supply any Products; however BedGuard will make every effort to supply the Product/s to you. We will notify you that your order has been received by sending you an order confirmation (“Order Confirmation”) at the time that your order is placed; however, your order will not be processed until full payment has been cleared and received by BedGuard. BedGuard will not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.

BedGuard reserve the right to refuse service, terminate accounts, remove or edit content, reject or cancel orders in our sole discretion. We will confirm acceptance of your order when BedGuard contacts you by telephone confirming acceptance of your order, and the final delivery fee. BedGuard will use its best endeavors to contact you within 2 business days of your order being placed to confirm acceptance of your order. If we cannot process or accept your order after payment is received we will contact you by email or telephone and arrange to refund your payment or if you prefer. BedGuard will contact you using the email address or telephone number provided by you when you created your Account or made your purchase as a Guest, and we will not be responsible for these details being incorrect. Please add the BedGuard email address in your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.

Payment Methods and Processing

BedGuard currently accepts PayPal, Visa, MasterCard and American Express only. Payment processing will not begin until we receive all the information we need to process the order. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Public Holidays (these may differ depending on specific State or Territory). We process credit card and PayPal payments after you click the “Submit My Order” button. If we are unable to successfully process your credit card or PayPal payment for your order, then we may cancel your order. If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means. For credit card and PayPal payments your tax invoice which will be provided to you in hard copy at the time that your order is delivered or collected by you (“Tax Invoice”) is your proof of purchase. Please note that we are unable to accept credit cards issued by banks outside of Australia, and you may be required to provide further identification for additional security reference checks.

Prices

BedGuard reserves the right to change prices for Products displayed on the site at any time.

The indicative delivery fee is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart and the delivery proximity to BedGuard. There may be additional delivery fees payable based on the location and logistics for delivery. The final delivery fee will be confirmed by the BedGuard acceptance of the order.

BedGuard reserve the right to correct any errors or misprints relating to Products displayed on the Site (included after such Products have been ordered).

Statutory Conditions and Warranties

Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide.

Liability

Subject to this liability section, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of these terms and conditions. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):

in the case of services: the resupply of the services; or the payment of the cost of resupply; and
in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.

We do not guarantee that the Site will be accessible at all times, or that access and use of the Site will be uninterrupted, secure or error free (other than as set out in these terms and conditions). We are not obliged to continue operating all or any part of the Site. We may modify or close this Site (or part of it) at any time without any liability.

Termination

We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your Account if you breach these terms and conditions and:

the breach cannot be remedied;
you fail to remedy the breach within 10 days of our notice to you of that breach; or
if there is an emergency.

We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.

Changes to these Terms and Conditions

These terms and conditions may be different from order to order, we recommend that you read these terms carefully each time you agree to them during the ordering process.

We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.

Privacy

The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy. We may store, use and disclose any personal information collected by us in connection with the Site consistently with our Privacy Policy.

Security

We have implemented technical security measures to protect the content of electronic orders and other information sent through the Site. However, we cannot guarantee the security of the content of any order or any other information.

Enforceability and Jurisdiction

If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

Risk of Loss and title in Products

Risk in the Product passes to you on the date and time of delivery to the delivery address, or upon pickup by you.

BedGuard shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of BedGuard, and BedGuardshall be entitled to a reasonable extension of time for the performance of such obligations.

Title in the Product passes to you when the Products have been delivered to you, or picked up by you (if applicable), and payment for the Products has cleared.

Product Descriptions and accuracy of Site

BedGuard attempts to be as accurate as possible in its featured product descriptions, however, BedGuard does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. BedGuard will attempt to rectify any errors as swiftly as possible.

BedGuard reserves the right to change specifications, colours and materials shown on the Site without prior notice. Variations in natural timber finishes, including colours and grain changes may occur and must be considered natural features of real timber.

The information on the Site is provided on the basis that all everyone accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.

Other businesses

There maybe links on the site which direct you to a third party website owned and operated by another company other than BedGuard. The terms and conditions of those sites are individual to the site that you are visiting and should be reviewed and agreed upon in accordance with their terms and conditions. The terms and conditions will specify who you will be entering into a contract with on that site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. BedGuard does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Copyright and trade marks

Unless otherwise indicated, intellectual property in all information, data, images, logos and trade marks contained on the Site is owned by or licensed to us and all rights are reserved.

Except as required for the purpose of using the Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of the Site or its content, without our prior written consent.

You must not use any trade marks, service marks or logos which appear or are used on the Site without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trade marks, service marks or logos.

You must not create a link to any part of the Site (other than solely for your internal business purposes) without our prior written consent.