Terms & conditions

1. DELIVERY & PICK UPS

i. Delivery times quoted by Furniture Point* are approximate only and we are not responsible for any delays.
ii. We agree to deliver goods to you on the understanding reasonable access is available. If reasonable access is unavailable or you are not at home at the agreed delivery time you will be charged for any subsequent delivery.
iii. It is your responsibility to check measurements to ensure your goods will fit in intended areas. We are not responsible for goods that have not been measured and subsequently do not fit were intended.
iv. On delivery, inspect your goods carefully. Any damage detected should be immediately reported to the carrier and us and noted on the delivery copy. Once you have inspected your goods and have signed their acceptance on the delivery copy noting any damage, you agree that the delivery copy is then evidence of the condition of the good as at the time of delivery.
v. Please organise adequate protection for your floors and internal surfaces prior to delivery as Furniture Point are not responsible for damage to your floors or internal surfaces caused in any way by the delivery of your goods. Due to OH&S requirements, delivery personnel must wear appropriate footwear at all times so take measures to ensure your floors and internal surfaces are protected.
vi. Items labelled RTA (ready to assemble) will require self-assembly. Disposal of packaging is also your responsibility.
vii. On pickups from our stores or warehouses, inspect your goods carefully. Any damage detected should be immediately reported to us and noted on the pick-up copy. Once you have inspected your goods and have signed their acceptance on the pick-up copy, noting any damage, you agree that the pick-up copy is then evidence of the condition of the goods at the time of pick up. Furniture Point is not responsible for any damage that may subsequently occur as a result of you loading the goods into transport.
viii. Due to OH&S requirements, our store and warehouse staff cannot assist you in lifting your goods when you pick up. Please therefore ensure you bring someone to help you and that you bring adequate wrapping, blanket or materials to transport your goods safely.

2. PAYMENTS

i. For initial deposits and repayments: we accept cash, credit card (excluding Diners/American Express), Eftpos as well as bank/personal cheques.
ii. For final payment: we accept in store prior to delivery/pickup.
iii. Please note, personal cheques and money orders will only be accepted on repayments or initial deposits, we will not accept personal cheques or money orders on final payment.

3. DEPOSITS, CANCELLATION POLICY & REFUNDS

i. All Extended Orders, made to order transactions and orders on finance require a 20% deposit. The 20% deposit cannot be paid by finance.
ii. Unless we otherwise stipulate, all other transactions (“standard transactions”) require a 10% deposit.
iii. Cancellation on Extended Orders, made to order transactions and orders on finance, will incur a cancellation fee of 20% of the invoice value.
iv. Cancellation on standard transactions will incur a cancellation fee of 10% of the invoice value.
v. This fee will be deducted from the refund of any money you have already paid. This fee reflects Furniture Point reasonable costs.
vi. If for any reason we are unable to supply the goods any monies paid will be refunded to you.

4. REFUND POLICY

i. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
ii. Please choose carefully however as we do not refund simply for change of mind or circumstances.

5. WARRANTIES

i. Furniture Point provide the following supplier warranties against defects:
a. Timber: 1 year structural.
b. Lounge: 5 year structural on frames; 3 year on mechanisms (mechanisms covered to 120 kg weight load only) and 1 year on stitching/covering.
All other goods sold by Furniture Point are covered by manufacturers’ warranties (if applicable).
ii. Defects covered by Furniture Point supplier warranties will be repaired or replaced at the discretion of Furniture Point (subject to your rights under the ACL with respect to major failures) without cost to you for parts or direct repair labour.
iii. Furniture Point’s supplier warranties do not cover, and Furniture Point is not liable for, any fading or other change in colouration (“exposure”), any damage caused by general day to day wear and tear (“general usage”) or if the goods are used in a manner outside of their prescribed or ordinary use. All other warranties and liability of Furniture Point for any loss or damage, direct or consequential, is expressly excluded.
iv. The rights given by Furniture Point’s supplier warranties are in addition to any rights and remedies you may have under the ACL and other laws. To claim under a Furniture Point supplier warranty you should call our head office on 02 9748 1360 or write to “Warranties Officer: Furniture Point Pty Ltd, 4/95-99 Silverwater Rd, Silverwater NSW, 2128.” Subject to your rights under the ACL, you are responsible for all costs associated with the claim including all freightage and transport costs. You must provide sufficient evidence of proof of purchase to be entitled to claim.

6. PROOF OF PURCHASE

In order to apply for a refund, exchange, and repair or claim a warranty, you must have clear proof of purchase of either your tax invoice or receipt. Furniture Point hold a limited history of orders and aren’t provisioned to search for archived transactions. Presenting proof of purchase is your responsibility so please retain your invoices and/or receipts as we cannot act without sufficient proof of purchase.

7. PRODUCT INFORMATION AND CARE

i. Some of our goods (e.g. timber/leather/fabric) are produced using natural materials. The colour/appearance/distinctive marks of these materials can differ from batch to batch. Please be aware of this when purchasing goods to match existing pieces in your home.
ii. High gloss and glass products may show slight imperfections. If unsure please visit a store to view the goods.
iii. When purchasing timber/leather goods note that these products are from real living materials and will move, change shape, develop surface irregularities and will have colour variation as the goods continue to behave as a real living material. As each good’s appearance is shaped by its past – differences in goods will be evident such as climate effects, wildlife activity, fire, wind, age etc. on some timber/leather. Please be advised that no two pieces will ever be identical, your piece will always be one of a kind.
iv. All product care information supplied by Furniture Point is for advisory purposes only and should not be taken as direction. Subject to your rights under the ACL, Furniture Point will not be held responsible for any such product care information or advice.
v. Proceeding with your order shows confirmation of your agreement that your goods are purchased on this understanding.

8. RECOMMENDED RETAIL PRICE (RRP)

Furniture Point’s RRP is the manufacturer/provider’s RRP or, where RRP is unavailable, the price is set by Furniture Point at a reasonable estimate of the market price.

9. GENERAL FINANCE CONDITIONS

i. Furniture Point’s generic interest free terms are: To approved applicants. Minimum finance amounts apply. Fees, charges and conditions apply. See in store for details.

10. GIFT CARDS

i. Furniture Point’s Gift Cards are only redeemable at participating Furniture Point stores and are not redeemable for cash.
ii. Furniture Point will not give change for any balance that remains on the Card. Any such balance can only be used in whole or part against future purchases at participating Furniture Point stores.
iii. The Card is valid one calendar year after the date the participating store issued the Card.
iv. It is up to the Card holder to use the full value of the Card before the expiry date. Any unused balance will not be refunded or credited when the Card expires.
v. Where the cost of the purchases exceeds the available Card balance, the Card holder will be required to make up the difference between the purchase price and the Card balance.
vi. The Card will not be replaced if lost, stolen or damaged.
vii. All purchases made using a Card are subject to Furniture Point’s other general terms and conditions.

11. EXTENDED ORDERS

Repayments
i. A minimum deposit of 20% is required at the time the Extended Order is placed.
ii. If you cannot make the agreed repayments, please notify us or your order may be cancelled and the agreed cancellation fee may apply.
iii. If you regularly fail to make your agreed repayments we will send you written notification of your failure to meet repayments and you will have 14 days to meet these requirements or your Extended Order may be cancelled and you may be charged the agreed cancellation fee.

Cancellation Policy
If you cancel your Extended Order a cancellation fee of 20% will apply. This fee reflects Furniture Point’s reasonable costs. This fee will be deducted from the refund of any money you have already paid.

Time frames
i. Furniture Point offer two Extended Order time frames: 3 months and 6 months.
ii. We can determine the time frame of the Extended Order relevant to the purchase price.
iii. Once this time frame is agreed your goods will remain reserved until the time frames expire. However due to the size of our goods, your Extended Order will not be despatched and available until the expiration of your agreed time frame.
vi. If you would like to end your extended order earlier than the agreed time frame, we will need 8 weeks minimum notice to despatch your goods.

12. OTHER TERMS

i. Our accessories in print/website/television or any other media or advertising are for display purposes only. Our display accessories shown in photographs are not included in prices quoted.
ii. Actual product colours may vary slightly due to printed/web colour.
iii. Furniture Point reserve the right to correct errors and misprints and to change product specifications.
iv. Fabric costs may vary. Goods are priced according to fabric featured in photographs.
v. To keep prices low, some goods may require self-assembly i.e. R.T.A. (ready to assemble).
vi. **Please note: dimensions found on product pages and descriptions either instore or online are approximate only and are taken from the widest points.
vii. All goods are advertised in good faith and will be available, except in circumstances beyond our control. A failure by the manufacturer/supplier to deliver in accordance with sample, description or at all, may result in some goods being unavailable.
viii. Furniture Point reserve the right to cancel any order without limitation. In this event a full refund will be paid.
ix. Each order for goods that you place and accepted by Furniture Point will be a separate and binding agreement between you and Furniture Point with respect to the supply of the relevant goods, in accordance with these General Terms and Conditions.
x. You acknowledge that all goods that you order are intended for personal, domestic, non-commercial use only.

Warranty Coverage:

• ADJUSTABLE BEDS:
• i. 10 years structural on frames; 10 years on mechanisms (mechanisms covered to 250 kg weight load only)
• ii. 10 years on all Electrical and motors.
• iii. 10 years on Mattress structure ( cover not included)

This guarantee is provided by Mattress Point Pty Ltd ACN 626 183 702

All of our products come with a guarantee that complies with Australian consumer rights.

You are a entitled to have the product repaired, a refund, or replacement for a manufacturers defects, mechanical failure or if the product fails to be of acceptable quality.

1. GUARANTEE

1a. We offer this guarantee in addition to your consumer rights under Australian law. Our guarantee does not reduce or exclude your statutory rights as a consumer.

1b. We warrant that the product will be free from defects, and that when used and maintained correctly will remain free from defects for a period of 10 years.

1c. This guarantee applies to the original purchaser only, and to products that were;

• Originally purchased in Australia

• Manufactured by Mattress Point Ply Ltd or on our behalf.

• Sold directly by Mattress Point Ply Ltd, or our authorized agents.

• Were not bought in an auction.

1d. This guarantee does not apply to lost or smashed remotes, additional spare parts, accessories or mattress covers.

1e. This product is designed as a sleeping device or place to rest. The guarantee does not apply if this product is used for any other purpose.

11. This guarantee is only valid in Australia, and while the product is located in Australia.

1g. We exclude all warranties, guarantees, conditions and liabilities which are not guaranteed under Australian consumer law and that are not expressly stated in this Guarantee.

This applies to any loss, whether it be direct or indirect, use, or inability to use the product.

1h. This guarantee covers manufacturers defects, faults in electrical equipment or defects in the materials for a period of 10 years from the original purchase date.

1i. This guarantee does not apply to issues or damage caused by Normal wear and tear • Accidental damage

Misuse (including unreasonable use, failing to follow user instructions) Abuse • Negligent use • Neglect Improper of incomplete installation or assembly

(unless performed by Mattress Point Pty Ltd or its authorised agents.

Incorrect storage • Water damage Inadequate cleaning or maintenance

Repairs or other alterations by unauthorized personnel. Incorrect voltage/ surge protector.

Improper electrical connections or adapters.

Use of defective or non standard parts or accessories. (including batteries) Overheating due to inadequate ventilation.

External cases/ acts of God, such as but not limited to fire, water, flood, moisture, dampness, mould, theft or vandalism. Infestation of insects, bugs, cockroaches.

Electrical surges or spikes, earthquakes, corrosive conditions or any other circumstance beyond our control.

1j. This guarantee does not cover any costs for repairing or replacing consumables such as remotes, batteries or fuses.

11. This guarantee does not apply to any cosmetic change unless the change is due to a manufacturers defect or a defect in materials.

1m. All claims must be made within the Guarantee period. Each claim is assessed according to its individual circumstances.

1n. In the instance of minor issues, We may seek to provide you with replacement parts with installation instructions on how to correctly install the part.

However, under Australia consumer law, you can ask that Mattress Point or an authorized agent repair the product.

1o. Valid claims of a minor nature are entitled to either a refund, repair or replacement of an identical or similar product.

All claims will be seen to within a reasonable time, with the course of action undertaken dependent on its individual circumstance and the requirement by law.

All repairs and replacements will be at no cost to the consumer.

1p. Valid claims of a minor nature where the product can not be repaired, you will be provided with either full refund of the purchase price (excluding delivery & installation costs) or a replacement.

1q. If we find your claim to be invalid, we reserve the right to recover the costs of any replacement parts, call outs & inspections, or, where applicable, shipping costs of shipping your product back to you,

servicing or repairs that are not covered under our guarantee may incur a $200 call out fee.

TRANSFERRING OF GUARANTEE

1r. This guarantee applies only to the original purchaser, if the product is re-sold, donated, given away or found, we reserve the right to reject any claim made.

NO CHANGES TO THIS GUARANTEE.

1s. No employee, representative, distributor or related company is authorized to add to this guarantee.

DEFINITIONS

Us or we means Mattress Point Ply Ltd ACN: 626 183 702You means the original purchaser of the product

SEVERABILITY

1t. If any term of this guarantee is found to be invalid and un-enforceable by law, the remainder of this agreement will remain intact, valid and enforceable.

GOVERNING LAW

1u. This guarantee is governed and enforced by Australian consumer law. For more information please visit the Fair trading NSW website. https://www.fairtrading.nsw.gov.au/

2. ORDERING

2a The customer agrees to purchase the product for the agreed price.

2b. All orders are subject to acceptance by the seller and are irrevocable by you, the customer.

The seller may at any time, refuse to provide the product or service, or any

future products or services regardless of offer or application.

3. DELIVERY

3a. Unless previously specified, or agreed to by both seller and buyer, the place of delivery of the product is the buyers provided address.

For returns or claims, it is the sellers address unless specified by the seller.

3b. The customer will be notified when the product is ready for collection or delivery. Should the customer refuse, or other wise not be able to take delivery of the product, the seller may,

1. Retain any monies paid by the customer by way of estimating liquidated damages

2. Terminate the agreement and exercise any legal right available under this agreement.

3c. The delivery times scheduled for the customer are estimates only. The seller is not liable for any loss or damage, whether it be direct or indirect for late or non delivery.

3d. The seller reserves the right to arrange transport by any means in their absolute discretion.

3e. The seller agrees in writing to deliver the product to the customers delivery address made known over leaf.

3e1.Delivery will be made to the agreed location, it is customers responsibility to ensure it is a safe and suitable “drop off point” for the delivery.

3e2. In instances where the customer attends the sellers premises to receive the product, the seller may in their absolute discretion deliver the product onto the customers vehicle,

in which all risk in goods is passed onto the customer.

Delivery is effected once the products are set down in or on the customers vehicle.

31. Instances the seller or its authorized parties enter the customers premises, the customer releases company of any claim of damage or injury incurred to the customer or their premises.

3g. The customer has obtained consent of all relevant parties for the receival of the product at the premises.

3h. Any offer of free delivery/ delivery included or white glove installation is valid only for the original agreed delivery/ installation date. In the event of a

re-delivery, the customer may be liable to pay a delivery fee of up to $200.

The Comfort Guarantee

3i. The Mattress Point comfort Guarantee permits the customer to contact the seller within 60 days of purchase to organize a replacement in-stock mattress to ensure comfort.

When electing to utilize the comfort guarantee, the buyer agrees to pay a fee of 20% of the value of the mattress/es, plus a $100 delivery fee.

4. PAYMENT

4a. The customer agrees to make payment for the product by way of cleared funds on or before the installation date.

Payment must be made in full at the time of delivery or collection, or as company requests.

4b. It is agreed by both seller and buyer that any deposit paid will be regarded as a payment toward installation,

and shall be non-refundable in the event the customer fails to comply with their obligations within this agreement.

5. CANCELLATIONS

5a. Any cancellation of an order before the delivery date incurs a $200 cancellation fee.

6. SPECIAL ORDERS

6a. Special orders require a 50% deposit to be paid before production or manufacturing of the product.

7. PRODUCT

7a. The customer understands that the adjustable bed is not sold on an in home trial basis.

7b. The customer acknowledges that any person whom has a pace maker installed must speak with their cardiologist or physician before they use any Mattress Point product that has a massage function.

8. ENTIRE AGREEMENT

8a. There terms and conditions is the entire agreement between the two parties.

9. INTERPRETATIONAL & GENERAL TERMS

9a. “Good/s” or “product/s” shall mean any item purchased and outlines on the sale contract overleaf.

9b. “Deposit” shall mean the deposit amount as described in the sale contract overleaf.

9c. “Seller” means Mattress Point Ply Ltd ACN: 626 183 702.

9d. “Customer” means the person for whom the good are to be provided to, including any relevant person or authority acting or dealing with the customer.

9e. “Terms & conditions” Means the terms as set out in this agreement.

91. “Purchase price” means the final purchase price, including GST and all relevant fees and charges.

NEED TO MAKE A CLAIM?

In the unlikely event of a mishap, please call us on 0404 494 985 during normal business hours, you can also forward all claim enquiries to us via email. sales@mattresspoint.com.au.

Please provide our friendly team with your name, address, product details, and some information about the defect. Please have your receipt or proof of purchase handy to ensure a speedy resolution.