Terms & Conditions

This website (www.bedroomantics.com.au) is owned and operated by Bedroom Antics ABN 29 214 389 275 (“Bedroom Antics”, “we” or us”). The use of this Website is governed by the following terms and conditions, our privacy policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Website relating to your use of the Website as amended by us from time to time (the “Terms of Use“).

 

By using the Website and/or order goods through the Website, you acknowledge that you have read and understood these Terms of Use and agreed to be bound by them. You should read and familiarise yourself with these Terms of Use prior to using the Website. Your use of a Product is also subject to any additional terms and conditions that apply specifically to that Product. These Terms prevail over any inconsistent terms in any other communication or agreement.  If you do not agree with these Terms of Use you must immediately stop using this Website.

 

1. Definitions

Credit Card Account means your Visa or MasterCard as nominated in your Paypal order form;

 

GST means goods and services tax payable under the New Tax System (Goods and Services Tax) Act 1999;

 

Intellectual Property includes (without limitation) any right to, and any interest in, any patent, design, trade mark, trade name and all goodwill rights associated with such works, copyright, trade secrets and any other proprietary right or form of intellectual property (protectable by registration or not) in respect of any know-how, technology, concept, idea, specification, formula, drawing, photograph, image, document, program, design, system, process, logo, mark, style or other thing of similar nature, conceived, used, developed or produced by any person;

 

Person includes a corporation, association, firm, company, partnership or individual;

 

Product means the products on this website which you may order from us;

 

Service means the Bedroom Antics online service governed by the website Terms of Use and any other terms and conditions contained on the Site;

 

Site means the Bedroom Antics website;

 

Terms means these terms of sale;

 

We, our, us means Bedroom Antics ABN 29 214 389 275, its agents, representatives, successors and assigns; and

You, your means the person placing the order for Products on this website pursuant to these Terms, including that person’s successors and assigns.

2. Ordering

2.1 You must:

  • only order Products in accordance with the instructions on this website; and
  • pay for the Products in full (without set-off or deduction of any kind) via credit or debit card using our secure Paypal shopping cart.

2.2 While we will endeavour to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the Products in your order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any Product or information contained on the Site without notice.

2.3 We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.

3. Price

3.1 The price for the Products will be:

  • the price in Australian dollars including Australian GST and other sales taxes (if any); and
  • the costs associated with additional services and delivering the Products to you, as quoted on the Site at the time of placing your order.

3.2 Where you require the Products to be packaged in a non-standard manner, we may charge for the cost of the packaging in addition to the costs set out in clause 3.1 above.

3.3 We may alter the prices of the Products at any time without notice.

4. International Orders

4.1 You are liable for the payment of any local country import duty, customs or sales taxes levied on the Products purchased.

4.2 All international orders will be charged in Australian dollars and converted into your local currency at the rate applied by your credit card company.

4.3 No GST will be charged on sales of goods dispatched outside of Australia.

5. Delivery

5.1 We will deliver the Products to the premises nominated in your order at your cost (at the rate specified herein) within a reasonable time of accepting your order. If we have specified a delivery date, we will try and deliver the Products to you by that date. Time will not be of the essence and we will not be liable to you for late delivery. Late delivery does not entitle you to cancel any order or part of any order.

5.2 We may deliver the Products to you by instalments and each delivery will be a separate contract independent from the other deliveries.

5.3 We will re-deliver, replace or refund the Product (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address.

6. Title and Risk

We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products. The Products are at your risk as soon as they leave our premises for delivery to you.

7. Limitation of our liability

7.1 To the extent permitted by law, all express or implied conditions and warranties in connection with the Site, the Service and the sale of any Products are excluded.

7.2 We do not exclude liability under any condition or warranty that cannot be excluded by law. In those circumstances, to the extent permitted by law, we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option to:

  • the replacement of the Products; or
  • the supply of equivalent Products; or
  • making a full refund to you.

7.3 Where you resupply the Products in trade:

  • to a person, you must include a term in your contract with that person that, to the extent permitted by law, all express or implied conditions and warranties in connection with the sale of any Products are excluded; and
  • you must not make any representation in relation to the performance, quality or application of the Products without our prior written approval.

7.4 You indemnify us against any liability or cost incurred by us under the Competition and Consumer Act 2010, any other legislation or regulation or the common law as a result of any breach by you of these terms.

8. Our Obligations to You

8.1 The material and information contained on the Site is supplied to enable you to make your own determination as to a Product’s suitability for your purposes prior to placing an order. Nothing on the Site is to be construed as a recommendation to use any Product.

8.2 You agree that we, and anyone that we are responsible for, are not liable to you at law, by statute, in equity or otherwise arising from our relationship for any loss (including, without limitation, loss of profits), cost, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, the supply or non-supply of the Products, for any breach of our obligations under these Terms, or for any other reason which relates to these Terms or the Products.

8.3 If, despite the other provisions of these Terms, we are found to be liable to you then, without limiting your obligation to indemnify us in accordance with these Terms, our liability for any single event or series of related events is limited to the amount you paid for the Product which gave rise to your claim.

8.4 You confirm that these Terms are reasonable having regard to the price payable for the Products and their nature.

9. Authority to use Credit Card Account

You warrant that you are authorised to use your Credit Card Account by the relevant credit card company.

 

10. Return of Products

10.1 Subject to your rights at law, we will only accept the return of Products if:

  • we accept that the Products were damaged or faulty at the time of delivery to you, in which case we will (at our option) replace the Products or credit your Credit Card Account with a full refund; or
  • we accept that you have received a Product from us that is different to the one you ordered, in which case we will (at our option) replace the incorrect Product with the correct Product or credit your Credit Card Account with a full refund.

10.2 For the avoidance of any doubt, you may not return Products because you change your mind.

10.3 You must pay all costs of returning Products to us, however, we will refund those costs if we accept the return of Products under clause 10.1. All Products returned must be in their original condition and packaging (except for defective or faulty Products) along with any accompanying accessories and an explanation for returning the Products. Prior to returning the goods, please contact Bedroom Antics on sales@bedroomantics.com.au or call us during office hours, Monday to Friday 9:00am – 5:00pm (AEST) on Ph: (07) 3092 2199.

10.4 If we do not accept the return of Products under clause 10.1, the Product will be returned to you and you will be charged all freight charges incurred by us in relation to returning the Product to you. We may charge your credit card with any moneys incurred by us as a result of this process.

10.5 If you have any problems regarding your order – you may contact us at sales@bedroomantics.com.au (with your order number).

11. Copyright

You acknowledge that we remain the sole owner of all Intellectual Property rights in the Products, including, for the avoidance of doubt all copyright in the design, layout and formatting of the Products. You must not copy, alter, reproduce or publish any Product or any part of a Product, nor permit any person to do so, except as authorised by these Terms, or otherwise in writing by us.

12. Indemnity

You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the Site, or the supply or non-supply of Products.?You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:

  • a breach of these Terms by you; or
  • the infringement by you, or another user of the Service using your name and password, of any intellectual property or other right of any person or entity.

13. Privacy

13.1 In completing and submitting an order for Products, you will be providing us with personal information. Your information and any other personal information that you may provide to us will be held by us in accordance with our Privacy Policy, and will be used for management purposes, to process your order (and any future orders you may make), to enforce any legal or other rights we may have against you in any manner that we see fit, and to keep you informed about new products, specials and other information that may be of interest to you, including without limitation via electronic messages.

13.2 If the information is not provided your order may not be processed.

13.3 You have rights of access to, and to request correction of, your personal information. To do so contact Bedroom Antics at sales@bedroomantics.com.au.

14. General

14.1 Vienna Convention Excluded?The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply to these Terms of Sale.

14.2 No Waiver?Any exercise or failure to exercise any right or remedy available to us does not limit our rights to exercise that or any other right or remedy. A waiver of any of these Terms must be specified in writing and signed by one of our authorised officers.

14.3 Express Rights?The exercise by us of any express right set out in these Terms (express right) is without prejudice to any other rights, powers or remedies available to us in these Terms, at law or in equity, including any rights, powers or remedies which would be available to us if the express rights were not set out in these Terms.

14.4 Severance?Where any part of these Terms is rendered void, unenforceable or otherwise ineffective by operation of law that will not affect the enforceability or effectiveness of any other part of these Terms.

14.5 Assignment?You must not assign your rights, or subcontract your obligations, under these Terms without our prior written consent.

14.6 Application of these Terms?These Terms prevail over any inconsistent Terms in any other communication or agreement, even if at some later date we, or our agents, sign or otherwise purport to accept the Terms of that communication or agreement.

14.7 Variation?We may amend these Terms from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review these Terms each time you use the Service for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to these Terms will constitute your acceptance of the new terms & conditions applying to the Service.

14.8 Jurisdiction?These Terms are governed by, and are to be interpreted in accordance with, the laws of Queensland and Australia. Any disputes between us will be resolved by the courts of Queensland. To the fullest extent permitted by law, we accept no responsibility for the compliance of these Terms or the supply or non-supply of the Products with the laws of any other country.

PRIVACY – Extended

We Respect Your Right to Privacy

Thank you for visiting the Bedroom Antics website and reviewing our privacy policy. Bedroom Antics is committed to safeguarding the privacy of everyone who shops or interacts with us online and in person.

Bedroom Antics is also bound by the National Privacy Principles set out in the Privacy Act 1988 (Cth). Bedroom Antics will only collect, use or disclose personal information about you in accordance with that Act. Please read the following policy to understand how Bedroom Antics deals with the personal information that it collects about you.

Your access and use of this website is conditional on your acceptance of this privacy policy. Your continued use of this site indicates your consent to the collection and use by us of any personal information you provide whilst using the site, in the manner set out below. You should also read our Terms of Use for the Website which also govern your access and use of this website

We reserve the right to change this privacy policy at any time. If the policy is changed, details of the changes will be posted on this website but we will not separately notify you of these changes.

 

PERSONAL INFORMATION

When we talk about personal information we are referring to the definition in the Privacy Act which states that:

“Personal information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about a person whose identity is apparent, or can be reasonably ascertained, from the information or opinion.

 

WHAT PERSONAL INFORMATION DOES BEDROOM ANTICS COLLECT?

Bedroom Antics collects personal information from a wide variety of sources including this website. We only collect information that is necessary for one or more or our functions or activities, and we only keep it for as long as we may require it for a legitimate business purpose.

If you do nothing during your visit but browse through the website, read the pages or download information then our website will automatically record some information about your visit to the site. The type of information that will be collected includes the type of web browser and operating system that you are using, the date and time of visit to or site and the web pages that you accessed. If you linked to our site from another site then that information will also be recorded. We may use this information for statistical analysis but the system does not record personal information about individuals unless you volunteer it.

Among the personal information that Bedroom Antics commonly collects is the following:

  • Name, address and telephone numbers;
  • Transaction records, including those relating to your purchases or other business dealings with us;
  • Records of any queries or complaints that you may make;
  • E-mail address where the individual has:
  • selected to register for information service via the Website or has contacted Bedroom Antics sales by email;
  • otherwise contacted us by email; or
  • otherwise been requested to provide an email address;
  • provided an email address through promotions, competitions or customer surveys;
  • Recordings of some telephone calls to Consumer Sales; and Any other information that an individual has provided to us as a result of any dealing, transaction or negotiation with us.
  • When we collect personal information from an individual, we ensure that we do so in a fair manner. We will also use our best efforts to let the individual know:
    • how to contact us
    • why we are collecting the information;
    • the organisation or types of organisation to which we usually disclose that kind of information;
    • if we are required by law to collect that information; and
    • the consequences for you if the information is not provided

 

USE OF PERSONAL INFORMATION

The National Privacy Principles require that, other than for certain specified exceptions, we only use your information for the purpose for which it was collected or a purpose related to that purpose. Some of the purposes for which we commonly use your information are as follows:

  • provide you with news and information about our products and services or a third party business which we believe may be of interest to you;
  • to assist in providing our products and services to you;
  • to assist with any calls that you make to Bedroom Antics Consumer Sales;
  • to communicate promotional offers and special events; and for our internal administrative, marketing, planning, product development and research requirements.

However, Bedroom Antics may also use information for any other purpose for which the information was provided and for purposes reasonably related to that purpose.

 

DISCLOSURE OF YOUR INFORMATION

We may disclose personal information for the purposes for which it was collected, and also:

  • to any person where necessary or desirable in connection with our provision of services to you, such as to regulatory authorities, or other partners or advisors (whether in Australia or overseas)
  • on a confidential basis to external service providers so that they can provide financial, administrative or other services in connection with the operation of our business,
  • to our agents;
  • in connection with any sale of our business (or any part of it);
  • as required by law subject to our professional obligations, as permitted under the National Privacy Principles;
  • and with your consent.

You will generally be given the opportunity to “opt out” from receiving communications from us or from third parties that send communications to you – for example, by unsubscribing from e-newsletters and other marketing or promotional material sent by us. You can do so by either clicking on an unsubscribe link at the end of an email or by contacting us at sales@bedroomantics.com.au.

 

WEBSITE PRIVACY STATEMENT

In relation to this Website, Bedroom Antics collects, uses and discloses information in the following ways:

 

IP Address

Bedroom Antic’s web servers (and feedback forms on the web) gather your IP address to help diagnose problems with our service, to administer our Website, and to gather broad user information (for example, which areas of our site are visited most frequently). Such user information is gathered in aggregate only and cannot be traced to an individual user.

 

Cookies

A cookie is a small data file. Bedroom Antics does not use permanent cookies that are stored on your hard drive after you have visited our Website. However, we do use temporary cookies which are only stored on your hard drive for the duration of a single browser session. These temporary cookies allow our servers to keep a record of where users have visited on our Website. Users who do not want to receive cookies can configure their web browsers to refuse them; however doing so may prevent some part of our Website from working.

 

Information submitted by email or online forms

Users may choose to supply Bedroom Antics with information either via email links from the Website, or by completing and submitting one or more of the forms that are available on the Website.

 

CONSUMER ENQUIRY CENTRE – PRIVACY STATEMENT

Calls to Bedroom Antics Consumer Sales (Calls) may be recorded for quality, training and verification purposes. Even if your Call is not recorded, Consumer Sales may collect information that you provide during the Calls. In relation to information provided during Calls, Bedroom Antics collects, uses and discloses information in the following ways:

  • Customer Service – Bedroom Antics will use the information you provide during Calls to assist in answering your query or addressing your complaint. This may include using information you provide to contact you following the Call in response to your query or complaint.
  • Verification – If you have a complaint in relation to the quality of Bedroom Antics products then Bedroom Antics may retain the recording of the telephone conversation for verification purposes. Bedroom Antics may also disclose the recording to third parties, including its professional advisors, in order to address the complaint or any action you may take in relation to the complaint.

DESTRUCTION OF YOUR INFORMATION

We will take reasonable steps to destroy or de-identify any personal information about you that we hold, when it is no longer needed by us.

 

SECURITY

We take reasonable steps to protect all information that we hold (including your personal information) from misuse, loss, unauthorised access, modification or disclosure.

We take reasonable steps to hold information securely in electronic or physical form. We store information in access controlled premises or in electronic databases requiring logins and passwords. All staff with access to confidential information are subject to confidentiality obligations however we cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not within our control.

You acknowledge that we are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose your personal information to in accordance with this policy or any applicable laws).

 

ACCESSING AND CHECKING THE PERSONAL INFORMATION WE HOLD ABOUT YOU

We will take reasonable steps to ensure that the personal information we collect from or about you is accurate, complete and up to date whenever it is used, collected or disclosed. You are entitled to access your information if you wish and subject to any legal restrictions, we would be happy to advise you what personal information we hold about you if you request this.?There may be some cost to you to cover the cost of retrieving and professing the information.

We rely on the accuracy of the information you provide us. If you think that we may hold information about you that is incorrect in any way, please contact us and we will correct any errors or inaccuracies where required.

If at any time you wish to know what information we are holding about you, you are welcome to request your details by contacting us.

 

CONTACTING US

If you have any questions about this privacy policy or these privacy statements, or your dealings with us, please go to our Contact Us page.

 

MISCELLANEOUS

This policy represents our policy as at 9:00am, 24 April 2016, we may change this policy from time to time. Although we intend to observe this policy at all times, it is not legally binding on Bedroom Antics in any way.

From time to time, we may regard it as necessary or desirable to act outside the policy and Bedroom Antics may do so, subject only to any statutory rights you have under the Privacy Act or other applicable legislation.

In this policy, references to Bedroom Antics are to Bedroom Antics ABN 29 214 389 275 which has issued this policy.