Terms of service
This website is operated by Bed Intentions. Throughout the site, the terms “we”, “us” and “our” refer to Bed Intentions.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, merchants and contributors of content.
If you do not agree to all the Terms, then you may not access the website or use any Services.
Our store is hosted on Shopify Inc.. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
1. Online Store Terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your place of residence, and you have the legal capacity to enter into a contract.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms may result in immediate termination of your access to the Service.
2. General Conditions
We reserve the right to refuse Service to anyone for any reason at any time, to the extent permitted by law.
You understand that your content (not including payment information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements. Payment information is encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, without our express written permission.
Headings are for convenience only and do not affect interpretation.
3. Accuracy, Completeness and Timeliness of Information
We are not responsible if information on this site is not accurate, complete or current. The material is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate or timely sources.
Historical information may be provided for reference only. We may modify the contents of this site at any time, but we have no obligation to update any information. You are responsible for monitoring changes to our site.
4. Modifications to the service and Prices
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) without notice.
We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except to the extent liability cannot be excluded under applicable law.
5. Products, Descriptions and Availability
Certain products may be available exclusively online and may have limited quantities.
We have made every effort to display product images and colours as accurately as possible. We cannot guarantee that your device’s display will be accurate.
We reserve the right to limit sales to any person, geographic region or jurisdiction, and to limit quantities per order.
All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
Any offer for any product or Service made on this site is void where prohibited.
6. Orders, Payment and Contract formation
6.1 Placing an order
When you place an order, you are making an offer to purchase the products.
6.2 Order acknowledgement and acceptance
After you place an order, you will receive an email acknowledging receipt of your order. This does not mean your order has been accepted.
A contract is formed when we send you an email confirming dispatch of your order (or when the goods are dispatched, if earlier).
6.3 Payment
You authorise us (via our payment providers) to charge the payment method you provide for the total amount of your order, including applicable taxes and delivery charges.
We reserve the right to refuse or cancel any order, including where we suspect fraud, unauthorised or illegal activity, or reseller/distributor activity.
7. Delivery, Fulfilment and Title
7.1 Delivery information
Delivery options, estimated delivery times and costs are shown at checkout.
7.2 UK fulfilment
For customers in United Kingdom, orders are generally fulfilled from our UK fulfilment partner/warehouse where stock is available. In some circumstances (for example, stock availability), your order may be shipped from another location.
7.3 Risk and title
Risk of loss or damage passes to you when the goods are delivered to the address you provided. Title passes when we receive payment in full, unless otherwise required by law.
7.4 Import duties (where applicable)
If your order is shipped internationally (outside AU or UK), you may be responsible for customs duties, taxes, or handling fees imposed by the destination country. We will tell you at checkout where possible if charges are included or may be payable.
8. Right to cancel (Cooling off period)
This section applies only if you are a consumer in the UK. Under the Consumer Contracts Regulations, you usually have a legal right to cancel most online purchases within 14 days.
8.1 Your cancellation right
You may cancel your order within 14 days from the day you (or someone you nominate) receive the goods.
To cancel, you must inform us of your decision by a clear statement (for example, by email to hello@bedintentions.com).
8.2 Returning goods after cancellation
If you cancel, you must send the goods back within 14 days of telling us you wish to cancel.
Unless we agree otherwise, you are responsible for the cost of return postage.
8.3 Refunds
If you cancel within the cooling-off period, we will refund:
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the price you paid for the goods; and
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the standard delivery cost you paid (if applicable),
within 14 days of receiving the returned goods, or receiving evidence you have sent them back (whichever is earlier).
We may make deductions for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
8.4 Hygiene and sealed goods (important)
For health protection and hygiene reasons, sealed goods are not eligible for return once unsealed (unless faulty). This includes products that are sealed and become unsealed after delivery.
9. Returns, Refunds and Faulty Goods
Our returns and refund process is set out in our Refund Policy
UK consumers: statutory rights
If you are a UK consumer, nothing in these Terms affects your legal rights in relation to goods that are faulty, not as described, or not fit for purpose.
10. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us.
You agree to provide current, complete and accurate purchase and account information and to promptly update your information (including email address and payment details) so that we can complete transactions and contact you as needed.
11. Optional Tools
We may provide access to third-party tools “as is” and “as available” without warranties, representations or conditions and without endorsement.
We have no liability arising from or relating to your use of optional third-party tools.
12 Third Party Links
Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability for third-party materials, websites, products or services.
13. User Comments, Feedback and Submissions
If you send us submissions (including ideas, suggestions or other materials), you agree we may use them without restriction, and you understand we are not obligated to keep them confidential, compensate you, or respond.
We may remove content that we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You are solely responsible for your comments and their accuracy.
14. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Cookie/analytics preferences and similar technologies are governed by our Cookie Policy and/or Cookie Settings.
15. Errors, Inaccuracies and Omissions
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice (including after you have submitted your order).
16. Prohibited Uses
You are prohibited from using the site or its content:
(a) for unlawful purposes;
(b) to solicit others to perform unlawful acts;
(c) to violate laws or regulations;
(d) to infringe intellectual property rights;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit malicious code;
(h) to collect or track personal information of others improperly;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for obscene or immoral purposes; or
(k) to interfere with or circumvent security features.
We may terminate your use of the Service for violating prohibited uses.
17. Disclaimer of Warranties
To the maximum extent permitted by law, the Service and all products delivered to you through the Service are provided “as is” and “as available” for your use, without warranties of any kind (express or implied).
Nothing in these Terms affects any warranties that cannot be excluded under applicable law.
18. Limitation of Liability
Nothing in these Terms excludes or limits our liability for:
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death or personal injury caused by our negligence;
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fraud or fraudulent misrepresentation; or
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any other liability that cannot be excluded or limited under applicable law.
Subject to the above and to the extent permitted by law, we will not be liable for:
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losses that were not foreseeable to you and us at the time the contract was formed;
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losses not caused by our breach; or
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business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) where you are using products for business purposes.
Where liability cannot be excluded, it will be limited to the maximum extent permitted by law.
19. Indemnification
You agree to indemnify, defend and hold harmless Bed Intentions and our directors, officers, employees, affiliates, agents, contractors, suppliers and service providers from any claim or demand (including reasonable legal fees) made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
(This does not apply to the extent prohibited by applicable consumer law.)
20. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed. The remainder will remain valid and enforceable.
21. Termination
These Terms are effective unless terminated by either you or us.
You may terminate by ceasing use of our Services and site.
We may terminate or suspend access if, in our sole judgment, you fail to comply with any term or provision of these Terms. You remain liable for amounts due up to the date of termination.
22. Entire Agreement
These Terms and any policies posted on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding prior agreements and communications.
Any ambiguities will not be construed against the drafting party.
23. Governing Law
These Terms and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of Australia.
If you are a consumer in the UK, nothing in this section limits any consumer protections you may have under UK law.
24. Changes to Terms
We may update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. Continued use of the website following changes constitutes acceptance.
25. Contact Information
Questions about these Terms should be sent to: hello@bedintentions.com
Bed Intentions Pty Ltd
Email: hello@bedintentions.com
Address: 71 Ricky Way, Epping, VIC 3076
Phone: +61 402 535 122
ABN: 60 664 224 346
APPENDIX 1 — MODEL CANCELLATION FORM (UK CONSUMERS)
(Complete and return this form only if you wish to cancel the contract)
To: Bed Intentions, hello@bedintentions.com