Terms and Conditions
Bailey’s Beds Pty Ltd (ACN 627 148 985)
Use of this Site
- Bailey’s Beds Pty Ltd (Bailey’s Beds), its affiliates and subsidiaries maintain and operate this website for use by its customers (you).
- Bailey’s Beds grants you a limited licence to access and make personal use of this website. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; and any downloading or copying of account information for the benefit of a thirty party.
- By using this website, you accept and agree to these terms and conditions of sale which form an agreement between yourself and Bailey’s Beds (conditions) and agree that your continued use of the site is subject to ongoing compliance with these conditions.
- These conditions may be changed, amended or varied in Bailey’s Beds absolute discretion from time to time without notice to you. All such changes, amendments or variations to the conditions will appear on the website and by continuing to use this website, you agree to accept those changes, amendments or variations.
- These terms and conditions of sale apply to all transactions between you and Bailey’s Beds including all quotations, offers, orders or sales. By placing an order with Bailey’s Beds, you are offering to purchase the goods available on this website.
- These conditions (as may be changed, amended or varied from time to time) will prevail over all conditions of the transaction to the extent of any inconsistency.
Delivery and Shipping
- From the date your order is placed, your order will be delivered to your nominated address within 2 weeks.
- While Bailey’s Beds will use reasonable endeavours to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle you to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement. In the event of such a delay in delivery, Bailey’s Beds will endeavour to notify you as soon as possible.
- Should circumstances beyond the control of Bailey’s Beds prevent or hinder delivery, Bailey’s Beds will be free from any obligation to deliver goods while such circumstances continue. For as long as such circumstances exist, Bailey’s Beds may, at its option, cancel, rescind or terminate all or any part of the contract or keep the contract on foot until such circumstances have ceased. Such circumstances beyond the control of Bailey’s Beds include, but are not limited to: strikes, lockouts, rebellions; fire; acts of God; shortages of raw materials; Government decrees, proclamations or orders; transport difficulties; and failures or malfunctions of computers or other information technology systems.
- Bailey’s Beds currently only delivers within Australia and New Zealand. If you wish for goods to be shipped outside of Australia or New Zealand, please contact Bailey’s Beds to obtain a quote for all applicable delivery and freight costs.
- Bailey’s Beds charges the following flat rates for delivery and freight within Australia:
- One bed - $19.95;
- Two beds - $39.95;
- Three or more beds - $59.95.
- Bailey’s Beds charges the following flat rates for delivery and freight to New Zealand:
- One Bed - $39.95;
- Two Beds - $79.95
- Once an order is placed by you, it cannot be cancelled as all goods supplied by Bailey’s Beds are personalised except in the circumstances that Bailey’s Beds has not yet processed your order. Please contact Bailey’s Beds via email to: email@example.com immediately if you wish to cancel an order and only in the event that Bailey’s Beds has not processed your order cancellation of the order can be arranged, which would be in the absolute discretion of Bailey’s Beds.
- Once your order is processed, unless Bailey’s Beds considers a claim by you a justified objection in accordance with clause 9.2 and 9.3 herein, the goods will not be accepted for returns.
- If a return is accepted by Bailey’s Beds in accordance with these conditions, we recommend using registered post to ensure secured delivery of the parcel to us. The goods remain your responsibility until the point they are delivered to us. If goods are damaged or lost in transit, Bailey’s Beds reserves the right to refuse refund or exchange. Any refunds will be credited to the original method of payment (e.g. credit card) that was used to pay for the goods. Such refund may take up to one week or more depending on your banking facility.
- Risk in each order will pass to you upon delivery of that order to you or upon collection of that order by you, your agent or courier as the case may be.
- Any property of yours under the Bailey’s Beds custody or control will be entirely at your risk as regards loss or damage caused to the property or by it.
Retention of Title
- Notwithstanding delivery of the goods to you, until you have effected full payment for the goods and any other goods previously supplied by Bailey’s Beds:
- legal title to the goods will remain with Bailey’s Beds;
- the risk in the goods will pass to you on delivery to you or your agent as the case may be;
- the relationship between Bailey’s Beds and you will be fiduciary;
- you will:
- hold the goods as bailee for Bailey’s Beds;
- keep these goods separate from other goods; and
- label the goods so that they are identifiable as the goods of Bailey’s Beds.
Payment and Prices
- You will pay the full price of each order to Bailey’s Beds at the time of placing the order with Bailey’s Beds, including such delivery and freight charges as may be applicable in accordance with clause 4 herein. The goods will only be sent to you once the payment in full has been received in the Bailey’s Beds bank facilities.
- Bailey’s Beds accepts payments via credit card payments by Visa and MasterCard and PayPal.
- All prices and charges are in Australian Dollar currency (AUD).
- All applicable taxes, duties or levies (including GST) on the sale of the goods will be paid by you.
Limitation of Liability and Indemnity
- You will inspect the goods immediately upon delivery to you or upon collection of that order by yourself or your agent or courier as the case may be.
- Bailey’s Beds must be notified via email to: firstname.lastname@example.org of all claims regarding the quality, nature, fitness, suitability, conformance with description or defects of the goods within 30 days of delivery. Bailey’s Beds does not accept liability for any such claim not made in accordance with these conditions.
- In the event of justified objection notified by you to Bailey’s Beds in accordance with these terms, Bailey’s Beds may, at its option:
- reduce the purchase price by agreement with you;
- accept the return of the goods and, subject to the goods being returned in the same condition as when they were delivered to you, refund to you the purchase price; or
- replace the goods
To the maximum extent permissible by law, you hereby indemnify and forever hold harmless Bailey’s Beds from all liability, however it arises including, but not limited to, any loss, claim, damage, demand, injury or death and a fine or penalty imposed by a statutory or other authority, caused or contributed to by any negligent and / or wilful act or omission or any breach of these conditions by you; or by Bailey’s Beds arising from supplying the goods in accordance with these conditions.
10. Intellectual Property, Copyright and Trademark Rights
- The intellectual property rights in all software and content (including, but not limited to, text, graphics, logos, buttons, images, audio and data downloads) made available to you on or through this website remains at all times the property of Bailey’s Beds Pty Ltd, its affiliates and its subsidiaries and are protected by Australian intellectual property laws. The compilation of all content on this website is the exclusive property of Bailey’s Beds Pty Ltd, its affiliates and subsidiaries, with its copyright ownership protected by Australian intellectual property laws.
- Except as otherwise specifically provided in these conditions, you may not download or save a copy of the website or any portion including any images, for any purpose. You may, however, print a copy of individual screens appearing as part of the website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the website is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
- Bailey’s Beds trademarks may not be used in connection with any goods or services that are not part of Bailey’s Beds or in any manner that is likely to cause confusion amongst customers, or in any manner that disparages or discredits Bailey’s Beds. All other trademarks not owned by Bailey’s Beds that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bailey’s Beds.
- You may not at any given time, without prior written permission of Bailey’s Beds, make copies or reproductions (in whatever form) of that copyright material, trademark or any other form of intellectual property owned by Bailey’s Beds.
11. Governing Law
- These conditions shall be governed by and construed in accordance with the laws of the State of New South Wales and you hereby submit to the exclusive jurisdiction of the New South Wales courts.
- If any term or provision of these conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
- You may not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these conditions. Bailey’s Beds may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
14. Advice and Information
- Any advice, recommendation, information, assistance or service given by Bailey’s Beds in relation to goods sold or manufactured by, or on behalf of, Bailey’s Beds or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and Bailey’s Beds does not accept any liability or responsibility for any loss suffered from your reliance on such advice, recommendation, information, assistance or service.
If you have any questions about these conditions or our website or goods in general, please contact us.