Forty Winks Online - Website Terms and Conditions
The Forty Winks Online website at http://www.fortywinks.com.au (the “Site”) is a website where you (the customer) can gather information, browse, select and order products (“Products”) from Forty Winks.
The Site is managed and operated by Forty Winks Online Pty Ltd (“Forty Winks Online”). Forty Winks Online acts as an agent of individual Forty Winks stores offering Products for sale through the Site. Each Forty Winks store (“Forty Winks Store”) is operated by independent franchisees pursuant to franchises granted by Forty Winks Franchising Pty Ltd. References to “Forty Winks”, “us, we or our” in these terms and conditions are references to Forty Winks Online Pty Ltd, Forty Winks Stores, Forty Winks Franchising Pty Ltd and other entities within the Forty Winks group of companies as applicable.
When you purchase Products using the Site, you are entering into an agreement with an individual Forty Winks Store (the details of which will be advised to you at the time of making your purchase) – this Forty Winks Store will be your point of contact in relation to an order, and will be responsible for fulfilling your order. For the avoidance of doubt, Forty Winks Online will not be responsible for fulfilling your order.
Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
Australian Sales and Delivery Only
We only sell Products within Australia and can only ship to a location where we can provide a delivery service. We do not make deliveries outside of Australia.
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 Forty Winks suffer any damage or other losses as a result of a transaction entered into by a minor, Forty Winks 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.
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.
Forty Winks 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 the Forty Winks Store that you have selected.
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 the Forty Winks Store responsible for the fulfillment of your order.
Acceptance of an order
No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Forty Winks 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 Forty Winks. Forty Winks 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.
Forty Winks 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 the Forty Winks Store responsible for the fulfillment of your order contacts you by telephone confirming acceptance of your order, and the final delivery fee.
The relevant Forty Winks Store 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, have your order processed by a different Forty Winks Store. Forty Winks 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 Forty Winks email address in your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.
In the interests of all our customers, we operate a bulk purchase policy and may refuse to supply if multiple orders are placed for large quantities of the same product for the same billing or shipping address.
Payment Methods and Processing
Forty Winks 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.
The prices and availability of Products displayed on the Site will be based on the prices and availability of such Products at the Forty Winks Store that you have selected.
Prices are subject to change by individual Forty Winks Stores, and do not include display accessories or other options (except as specifically stated on the Site).
Some Products may not be available at each Forty Winks Store, and prices of Products may vary between individual Forty Winks Stores.
Forty Winks 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 of the Forty Winks Store you chose to fulfill your order. There may be additional delivery fees payable based on the location and logistics for delivery. The final delivery fee will be confirmed by the Forty Winks Store responsible for fulfillment of your order upon acceptance of the order.
Forty Winks reserve the right to correct any errors or misprints relating to Products displayed on the Site (included after such Products have been ordered).
Delivery of Products
Although every effort is made to deliver your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply, warehousing locations, public holidays or circumstances beyond our control. Products ordered through the Site will only be delivered to a location where we can provide a delivery service. You may receive multiple deliveries for your order.
If your Product has not arrived after the estimated delivery time, please contact the Forty Winks Store responsible for fulfilling your order.
Forty Winks will make every effort to deliver your product according to the estimated delivery times and payment processing identified at checkout. Estimated delivery times are in business days and exclude public holidays.
We or our delivery company may need to contact you via telephone to arrange a delivery date and timeframe for certain products.
The delivery fee for your order will depend on:
(a) the type of Product you order;
(b) how far you are from the dispatch centre linked to the Forty Winks Store that is responsible for fulfilling your order; and
(c) how many people are required to carry the product items to the room you require them in.
At the time of placing your order online, you will be advised and charged the delivery fee. There may be additional delivery fees however, depending on the factors listed above. The final delivery fee will be confirmed by the Forty Winks Store responsible for fulfilling your order at the time that it telephones you to accept your order. If you do not accept any additional delivery fee, you may choose to cancel your order in which case Forty Winks will arrange to refund your payment.
You may have the option of picking up a Product directly from the Forty Winks Store that is responsible for fulfilling your order (or the dispatch centre linked to that Forty Winks Store). If this option is available, and you select it, then any delivery fee will be adjusted accordingly.
Pick up of Products may only occur once all relevant Products have been paid for in full and funds have cleared with Forty Winks. You should not attempt to pick up any Products until you have spoken to the Forty Winks Store that is responsible for fulfilling your order and confirmed that the relevant Products are available for pick up, and that payment for the relevant Products has cleared.
Due to the nature of bulky goods and potential construction time, order delivery times may vary from what is stated on the Site. A representative of the Forty Winks Store responsible for fulfilling your order will call you to confirm delivery details and delivery timeframe.
You agree to comply with the delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
We recommend that you be present to accept the delivery of your order if you have paid by credit card.
We may require the person accepting the delivery of your order to:
(a) provide us with proof of identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
(b) where relevant, provide us with proof of consent to use that credit card.
If there is no one or no appropriate person (for example, above 18 years old) at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Product you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.
(a) acknowledge and agree that any person at the delivery address who receives the Product is authorised by you to receive your order; and
(b) will ensure that the person receiving the goods is over the required age as prescribed by law.
You must provide clear and unobstructed access area for the delivery of goods. Difficult access requires prior notice and additional delivery personnel may be required and additional delivery charges may result. Our personnel will at all times be diligent and careful, but cannot be responsible for any accidental damage that may occur during the delivery process.
Forty Winks may advise approximate delivery times (such as lunchtime, late afternoon etc) in good faith however, Forty Winks are not responsible for traffic and delivery delays. All customers shall accept delivery of goods within 14 days of notification that the goods are available for delivery unless a prior arrangement has been made. Where possible, storage can be arranged at customer cost.
Ownership of the goods described in the order shall remain with Forty Winks until all of the following events have been completed:
- Payment of all monies via chosen method
- Delivery of the goods
You are responsible for the selected goods fitting into the intended area and through any passages and doorways that may have to be negotiated to their intended destination.
If you are in breach of any of these terms and conditions we reserve the right to cancel the order and refund any amounts paid for that order under these terms and conditions excluding the delivery fee.
Cancelling an order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the Products in that order are not available;
(b) there is an error in the price or the product description posted on the Site for the Product in that order; or
(c) that we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Any cancelation of orders, refunds, exchanges or return of any Products by a customer will be in accordance with the terms of our Returns Policy.
Fees and charges
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (if applicable) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products on the Site include GST where applicable, and are in Australian dollars.
The purchase price of each Product is shown on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in or across Forty Winks Stores for the same Product, and Forty Winks is not obliged to match any prices across different Forty Winks Stores, or other retailers.
Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
If you cancel an order then any refund will be in accordance with the terms of our Returns Policy.
Damaged Products and Returns
See our Returns Policy.
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 at http://www.accc.gov.au/publications/warranties-refunds-a-guide-for-consumers-and-business.
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):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) 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.
Any implied warranty or guarantee is the responsibility of the relevant Product supplier, and not Forty Winks.
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.
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:
(a) the breach cannot be remedied;
(b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(c) 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.
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.
When making purchases using the Site your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the industry standard for online purchasing. If you have any questions regarding our security policy, please contact us at firstname.lastname@example.org.
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 the Product from the relevant Forty Winks Store (if applicable).
Forty Winks 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 Forty Winks, and Forty Winks shall 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
Forty Winks attempts to be as accurate as possible in its featured product descriptions, however, Forty Winks does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Forty Winks will attempt to rectify any errors as swiftly as possible.
Forty Winks 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.
Forty Winks team members spend and extensive period of time being trained in all our Products’ features and benefits, however reliance on the information contained or to be implied or inferred from the Site should be confirmed with the Product supplier. Forty Winks does not guarantee or warrant the accuracy of the specifications and/or descriptions provided. Due to the character of natural products all dimensions and colours displayed are approximate.
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.
There maybe links on the site which direct you to a third party website owned and operated by another company other than Forty Winks. 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. Forty Winks 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.
We do not warrant that any data (including any file) obtained through the Site is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software.
We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through the Site.
If you have any comments or questions regarding the Products and services featured on the Site please email email@example.com or contact your local Forty Winks Store.