Terms of service

OVERVIEW

These Terms of Service apply to your use of the website and to purchases you make from The Sleep Store Limited, trading as The Sleep Store (“The Sleep Store”, “we”, “us” or “our”).

These Terms should be read together with our Refund Policy, Shipping Policy and Privacy Policy. Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot legally be excluded or limited under New Zealand law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
You may use the Services only if you have the legal capacity to enter into these Terms and make purchases. If you are under 18, you may use the Services only with the permission and supervision of a parent or legal guardian.

SECTION 2 - OUR PRODUCTS
Product images and colours may vary depending on your device and screen settings. This does not limit your rights if a product is not as described, is not fit for its intended purpose, or is not of acceptable quality under applicable New Zealand law.

Product descriptions, images, availability and pricing may change before an order is accepted. Changes will not affect an order that we have already accepted, except where correction is required by law or agreed with you.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. The Sleep Store reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Sleep Store confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as The Sleep Store may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to our Refund Policy, which explains our change-of-mind returns, exchanges and refunds. Our Refund Policy does not limit or exclude your rights and remedies under the Consumer Guarantees Act 1993 or any other applicable law.
If we receive payment but do not accept your order, we will refund the amount paid for the declined order or affected item.

SECTION 4 - PRICES AND BILLING
All prices are displayed in New Zealand dollars (NZD) and include GST where applicable, unless we clearly state otherwise. Delivery and any other applicable charges will be shown at checkout before you complete your purchase. The price charged will be the price shown at checkout and confirmed in your order confirmation, subject to any correction required by law.

If we discover a genuine pricing, product or availability error before your order is fulfilled, we will contact you as soon as reasonably possible. You may choose whether to proceed at the corrected price, or we will cancel the affected item and refund any amount paid for it.

SECTION 5 - SHIPPING AND DELIVERY
Delivery timeframes are estimates and may be affected by courier network volumes, weather, public holidays and other circumstances outside our reasonable control. We will keep you informed of significant delivery issues and assist with courier investigations where appropriate. Nothing in this section limits your rights under the Consumer Guarantees Act 1993 or other applicable law.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video and audio, together with the design, selection and arrangement of that content, are owned by The Sleep Store, its affiliates or licensors, or are used with permission. Customer reviews, images, testimonials and other user-submitted content are handled under Section 11.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. To the fullest extent permitted by law, we are not responsible for third-party tools that we do not operate or control. This does not limit any right or remedy that cannot legally be excluded or limited.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
The Sleep Store is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Sleep Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Sleep Store, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Sleep Store.

SECTION 10 - PRIVACY POLICY
The Sleep Store Limited collects, uses, stores and discloses personal information as described in our Privacy Policy and in accordance with the Privacy Act 2020.

SECTION 11 - FEEDBACK

If you submit a review, image, testimonial or other content for publication or promotional use, you grant The Sleep Store a non-exclusive, worldwide, royalty-free licence to use, reproduce, edit, publish and display that content for operating and promoting our business.

You confirm that you own the content or have permission to provide it, and that its use will not infringe another person’s rights. We may edit or remove content that is unlawful, misleading, offensive or otherwise unsuitable for publication.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If we discover an error in a product description, price, promotion, shipping charge or availability, we may correct the error. If the error affects an order you have placed, we will contact you as soon as reasonably possible and, where required, give you the option to proceed at the corrected price or receive a refund for the affected item. If you do not wish to proceed at the corrected price, we will cancel the affected item and refund any amount paid for it.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes and in accordance with these Terms.

You must not use the Services:

(a) for any unlawful, fraudulent, abusive, threatening, harassing, defamatory, misleading or malicious purpose;

(b) to violate any New Zealand law, regulation or requirement, or any other applicable law;

(c) to infringe, misuse or violate our intellectual property rights or the intellectual property rights or other rights of any third party;

(d) to upload, transmit or distribute any virus, malware or other harmful code;

(e) to interfere with, disrupt, damage, disable, overburden or impair the operation, security or availability of the Services;

(f) to gain or attempt to gain unauthorised access to any account, system, network, data or information;

(g) to collect, use, disclose or otherwise process another person’s personal information without their authorisation or another lawful basis;

(h) to impersonate another person or entity, or to provide false or misleading information about your identity or affiliation;

(i) to send unsolicited advertising, promotional material, spam, chain letters or other unauthorised communications;

(j) to reproduce, duplicate, copy, sell, resell or exploit any part of the Services or their content, except as permitted by these Terms or with our prior written consent;

(k) to use bots, crawlers, scrapers or other automated means to access, monitor, copy, extract or collect content or data from the Services without our prior written consent, except where permitted by our published instructions or applicable law;

(l) to bypass, disable, interfere with or circumvent any security, authorisation, access-control or other protective feature of the Services; or

(m) in any other way that restricts or inhibits another person’s use or enjoyment of the Services, or that may expose The Sleep Store, Shopify or any other person to harm or liability.

We may restrict, suspend or terminate your access to the Services if we reasonably believe that you have breached these Terms, used the Services unlawfully, created a security risk, or otherwise misused the Services. Any restriction, suspension or termination will not affect rights or obligations that arose before that action and will not limit any rights or remedies that cannot legally be excluded or limited.

SECTION 14 – TERMINATION

We may also suspend or terminate access where reasonably necessary to protect our customers, our business, the Services or another person, or where required by law.

Any restriction, suspension or termination will not affect rights or obligations that arose before that action and will not limit any rights or remedies that cannot legally be excluded or limited.

The provisions of these Terms that by their nature should continue after termination will remain in effect, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy and Contact Information.

SECTION 15 - DISCLAIMER OF WARRANTIES

We aim to keep the Services available, accurate and secure, but we do not guarantee that the Services will always be uninterrupted, timely, secure or error-free.

To the fullest extent permitted by law, information provided through the Services is provided for general information purposes. You should not rely on information that is incomplete, outdated or not intended to address your particular circumstances.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot legally be excluded or limited under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other applicable law.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, The Sleep Store is not liable for loss that was not reasonably foreseeable, or for loss caused by circumstances outside our reasonable control. This does not limit our responsibility for products that are not of acceptable quality, are not fit for purpose, are not as described, or otherwise fail to meet non-excludable rights and guarantees.

Nothing in these Terms limits liability for fraud, or for death or personal injury caused by negligence, or requires a customer to give up a right or remedy that cannot legally be excluded or limited.

SECTION 17 - INDEMNIFICATION
You agree to indemnify The Sleep Store for reasonable losses, costs and claims to the extent they arise directly from your breach of these Terms, your unlawful use of the Services, or your infringement of another person’s rights. This clause applies only to the extent permitted by law and does not require you to indemnify us for our own negligence, unlawful conduct or breach of these Terms.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms, together with the policies referenced in them, form the agreement between you and us concerning your use of the Services and supersede earlier versions of those Terms. If there is an inconsistency, the provision that gives effect to any non-excludable legal right will prevail.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms are governed by the laws of New Zealand. Any dispute will be subject to the courts of New Zealand, without limiting any mandatory rights you may have to bring a claim in another court or location under applicable consumer law.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
We may update these Terms from time to time by publishing an updated version on this page. Changes will apply from the date stated in the updated Terms and will not affect rights or obligations that arose before that date. Changes to an order already accepted will apply only where permitted by law or agreed with you.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@thesleepstore.co.nz.
Our contact information is posted below:

The Sleep Store Limited
Trading as The Sleep Store
85C Henderson Valley Road
Henderson, Auckland 0612
New Zealand
Email: hello@thesleepstore.co.nz
Phone: 09 816 8706
Company number: 1764284
NZBN: 9429034322444
IRD registration number: 92714879

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