Terms and Conditions apply
Terms and Conditions apply. See in-store for more details. *Floor Stock Clearance Sale: Advertised prices online during a Floor Stock Clearance Sale are for floor stock only. *Free Storage eligible for Paid In Full invoices only. No layby/finance. *Free Delivery on selected items up to the value of $100. Additional fees & charges may apply. *Display accessories shown in photographs are not included in prices quoted. *Free Assembly on selected items within Perth metro areas only. Additional fees & charges may apply. *Actual product colours may vary slightly due to printed colour. We reserve the right to correct errors and misprints and to change product specifications. *Finance on Manager’s Specials incur a surcharge. Further conditions apply, see in store for more details.
DISCLAIMER FOR PRODUCTS SOLD
Please choose carefully as we don’t give refunds if you simply change your mind, make a wrong decision or the purchase cannot go through your doors. In the event of a cancellation (see below) our 20% administration charge of the total invoice value will be deducted, and a credit voucher will be issued for the balance.
Except as expressly stated herein, Midland discount bedding makes no representations or warranties, either express or implied, of any kind with respect to products sold on the site. In no event shall Midland discount bedding, its Directors, Employees and Representatives be liable for direct, indirect, consequential or punitive damages related to the products sold.
ABOUT YOUR ACCOUNT
When you activate an account with Midland discount bedding, you will receive a password. You are responsible for maintaining the confidentiality of this password at all times. You agree to immediately notify us of any unauthorised use of your password or account, if you believe that confidentiality of your password has been compromised or any other breach of security. All of your registration and account history information is kept on a secure server to protect your privacy from outside parties. All of your private information is used for the limited purposes of processing your orders, for statistical purposes to improve our site and services, to assist in our site administration and to notify you of products or special offers that may be of interest to you.
ABOUT DELIVERY
DELIVERY SERVICES & CHARGES
Home Delivery shipping option – A staff member will contact you within 48 hours of placing your online order to book a specific delivery date (only applies to products NOT marked as “Online Exclusive”. Scroll down for more information regarding Online-Exclusive delivery information.)
All delivery charges are fixed as quoted provided that the delivery is on the ground floor and there are no stairs, or a lift involved. Additional charges may apply under the following conditions: Normal site access is not available, deliveries involving stairs or a lift, dwellings not on ground level or where changes to delivery arrangements are notified to us less than 48 hours prior to the scheduled date of delivery. Additional charges will have to be paid directly to the delivery driver where the case may be. It is your responsibility to advise us at the time of sale of any unusual delivery circumstances.
Delivery Arrangements (only applies to products NOT marked as “Online Exclusive”. Scroll down for more information regarding Online-Exclusive delivery information.)
- We cannot be responsible for any late delivery or failure to deliver due to circumstances beyond our reasonable control. You also need to advise us of any changes in delivery instructionsor circumstances at least 48 hours prior to delivery date.
- At the time of delivery, you or your representative will be asked. to sign a form to acknowledge that the goods were delivered in a good and proper condition. We will assume that anyone at the delivery address who receives the goods is authorised to receive them and provide the acknowledgement.
- Where the purchaser requests the merchandise to be left unattended upon delivery, Midland discount bedding accepts no responsibility for any loss, damage or theft that might occur thereafter.
- Quotes times are accurate at the date of order but may change -due to reasons outside our control.
ONLINE EXCLUSIVE RANGE SHIPPING GUIDE
Available Shipping options (Metro Areas Australia Wide):
- Free Home Delivery – WA Metro (7-14 working days)
Dispatched within 1-2 business days via our courier partner. Please note, our delivery partners cannot guarantee a delivery on any specific dates or times. However, upon dispatch you’ll receive a tracking link to monitor the delivery status.
Available Shipping options (Regional Areas):
- Home Delivery – WA Regional (10-20 working days)
Dispatched within 1-2 business days via our courier partner. Displayed delivery fees to Regional Areas are an approximate only. Additional charges may apply. A staff member will advise you of an exact delivery fee and additional information within 48 hours based on your suburb and item/s weight.
Online Exclusive orders are generally shipped from our partner distribution centres located in Melbourne and/or Sydney, the next working day after the full payment is received.
Our online-exclusive partner distribution centres work with multiple couriers to provide the most efficient delivery services at the most reasonable price.
Delivery time only starts after buyers’ payments have been cleared and the item has been dispatched from our partner warehouse (usually 1 -2 working days after receipt of cleared payment).
Our delivery partners and ourselves cannot guarantee a delivery on any specific dates or times as this is not something under our control.
Due to ongoing restrictions and natural disasters from time to time, delivery time frames can be affected. Your patience in such circumstances would be highly appreciated.
AUSTRALIA POST
Items that weigh 22kg or less will be dispatched with Australia Post’s Internet enabled freight system (eParcel).
Each parcel will carry a barcoded address label, enabling you to view the location of
your item at various points in the delivery process via Australia Post’s online tracking tool.
When your order is dispatched, you will be given a consignment number.
You can use the number to track your order at the Australia Post’s website.
ARAMEX
For items that weigh below 22kg with a lower cost than eParcel, the item will be dispatched with Aramex. You will receive an email confirmation of your order including a tracking number, as soon as your orders are dispatched. Aramex provides a reliable courier distribution service across Australia. Their comprehensive fleet and professional team will ensure items delivered safely to your door.
Parcels dispatched with Aramex are collected from our premises on a daily basis. Each parcel will carry a barcoded address label, enabling you to view the location of your item at various points in the delivery process via Aramex’s website.
A non- PO Box address is required for Aramex’s delivery. Failing to provide the correct information, your parcel will not be dispatched until we receive accurate information from our customer service team.
To track the item dispatched with Aramex, please visit http://www.aramex.com.au and use the given tracking number.
COURIERS PLEASE
Items with weights of 25kg or less, max dimensions not over 0.8 meters and max volume not over 0.1CBM may be dispatched with Courier Please.
All the freights are ATL (Authority to Leave).
To track the item dispatched with Courier Please, please visit Parcel & Postage Tracking – Track Your Item > CouriersPlease and use the given tracking number.
Undeliverable Packages
In the unlikely event that your parcel is returned to us, our customer service representative will contact you via email.
Inaccurate address
If there are any address discrepancies with your order and the product is returned to us, a customer care team
member will be in touch. A re-delivery cost will occur for any products that are returned to us.
Unsuccessful Delivery Attempt
A notification will be left in the mailbox to pick up your parcel at your local post office if you are not present when the order is delivered by Australia Post.
If your item is being delivered by Aramex or Allied Express, arrangements will be made in advance to deliver your item at your convenience.
A re-delivery cost will occur if you are not home at the arranged time.
All other couriers freights are ATL (Authority to Leave). ‘Authority To Leave’ means that a Postie or driver can leave a parcel at a recipient’s home if nobody is home. The driver will only leave the parcel if there’s a safe place on the property.
Rejected by Receiver
If your item is a gift, kindly ensure the receiver knows about it to avoid parcel rejection. A re-delivery cost will occur if the parcel has to be resent.
The expected time delivery provided by each courier partner is for reference only. Delivery might take longer than expected due to various reasons.
If you do not receive your item within twenty business days, kindly contact our customer service team.
Pick up or arranging your own courier is not available at our warehouse to ensure our distribution centre can dispatch all goods efficiently at all times.
ABOUT PAYMENT & PAYMENT METHODS
All prices quoted on the site are in Australia Dollars and are inclusive of GST We accept all Visa, MasterCard, Bankcard, Diners Club and American Express. We also accept payment via Cheque, Money Order or Electronic Funds Transfer (EFT). Payments can only be accepted in store.
Payment in full (including finalisation of any lay-by arrangements) is required prior to delivery arrangements can be made, as payment on delivery can not be accepted.
LAYBY TERMS
- A minimum deposit of 30% is required to reserve the goods for you.
- Payments must be made at least fortnightly
- Your Layby is to be finalised by the due date, which is 4 weeks from the date of the Invoice. If these conditions are not complied with, goods will be transferred back to stock.
- Laybys are not exchangeable. No cash refund or exchange.
- If a Layby is cancelled by you, a credit voucher for all monies paid, less our administration cost of 20% of the total invoice value, will be issued.
- Delivery for this layby will be arranged once final payment has been made. Please allow anywhere up to 6 weeks for delivery. Quotes times are accurate at the date of order but may change due to reasons outside our control.
- A storage fee of 5% per month of the invoice value will be charged for Layby where the goods are not picked up or delivered after the layby period.
FINANCE TERMS
- A deposit of 20% is required if the goods purchased are to be ordered.
- Delivery charges and any guard it protection will be paid for by the customer on day of invoice.
ABOUT REFUNDS & RETURNS
CANCELLATIONS
In-store orders: Cancellations must be advised directly to the store of purchase at least three working days prior to the scheduled delivery date.
Online orders: Cancellations must be advised directly to our online support team via email at midlanddiscountbedding@gmail.com or phone our support team on 0415 740 999 within 24 hours of placing your order. A return postage cost and a 20% restocking fee will be deducted from your purchase value. We recommend that you take the time to preview your orders before proceeding with the purchase.
We will not accept cancelled orders after this time. If an order is cancelled for any reason, we will issue a credit voucher (less 20% cancellation charge of the total invoice value) which will be valid for a period of 6 months. This can be used at any of our stores to purchase goods to the value of, or greater than the value shown on the credit voucher, where greater the customer will pay the difference. There will be no refund on unused amount of credit voucher. Delivery charges will not be refunded if we attempted to deliver the goods.
For hygiene reasons we do not exchange or refund quilts, pillows, toppers, mattress and pillow protectors, underblankets, mattresses or rugs unless you have a valid warranty claim. Please ensure you select these items carefully before purchase.
WARRANTY
(The below information only applies to products NOT marked as “Online Exclusive”. Scroll down for more information regarding Online-Exclusive warranty information.)
In addition to any warranties and conditions implied by the Trade Practices Act, most manufacturers provide a separate warranty. To prolong the life and enjoyment of your product please follow the manufacturer’s instructions and terms of any manufacturer’s warranty. Please note your warranty will not apply to the extent that fault is caused by abuse and misuse, or damage through accident or neglect. In the event of a warranty claim, we will repair the goods for you at the original place of delivery. If it is a pick up, the goods must be brought back to our store for any claims, at the customers’ expense.
Damage Claims
All Lounges and assembled chairs need to be checked prior to the driver leaving your premises. Midland discount bedding will not be liable once the driver has left your premises. For all damages on boxed items please call Midland discount bedding by 5.00pm the next business day after the date of delivery. Midland discount bedding will not be liable if damages are not claimed within this time. For goods that are being picked up, Midland discount bedding will not be liable after the goods have left our premises.
Exclusions
Midland discount bedding accepts no responsibility for any loss of colour or other changes in appearance (‘exposure’), deterioration due to daily usage (‘general wear’), or if furniture is used in ways not intended or beyond its designed function.
The warranty provided by Midland discount bedding is only valid for the original purchaser and is non-transferable; it also covers items used within the scope of regular domestic activities only.
The warranty from Midland discount bedding explicitly excludes the following:
- The natural progression of wear and tear over time, which can include but is not limited to material pilling, colour fading, or the breakdown of the product or its components
- Damage resulting from incorrect handling, such as unsuitable cleaning methods, carelessness, or neglect, as well as damage incurred during transportation or storage or caused by the customer’s actions or lack thereof
- Any problems that arise due to alterations made to the products, incorrect assembly, tampering, or usage in a manner inconsistent with the product’s intended purpose or under abnormal conditions
- Deterioration related to the product’s exposure to harsh weather conditions, including prolonged sunlight, extreme temperature variations, or harmful chemicals that may compromise the product’s finish or integrity
- The occurrence of indentations on mattresses, sofas, and seating that measure less than 32mm in depth
- Any damage attributable to unforeseen natural events or disasters.
- Any apparent defects in products that are purchased in a sale condition labeled ‘As Is’ or as ‘Floorstock’, which the customer was made aware of at the time of purchase
- Any product that is employed in a commercial setting, exceeding the limitations of typical domestic use.
ONLINE EXCLUSIVE RANGE WARRANTY
Our Online Exclusive range products are offered with 12-month warranties. Some products will be provided with extended warranties for your peace of mind. These warranties are in addition to standard statutory consumer rights and comply with return, repairs and replacement policies that are consistent with Australian Consumer Laws. Warranty is non-transferrable.
All products sold through the “Online Exclusive Range” come with guarantees that cannot be excluded under the Australian Consumer Law, and our Warranty Policy does not limit any rights and remedies a customer may have under the Australian Consumer Law.
In addition to a customer’s rights under the Australian Consumer Law, “Online Exclusive Range” offers a 12-month warranty on products sold through the “Online Exclusive Range” Platform which are found to be faulty or damaged, except (and subject to the Australian Consumer Law):
- if expressly stated otherwise on the product listing – please refer to the product listing for the express warranty period;
- in relation to accessories or bonus gifts (as noted as such in a product listing); or
- if the fault or damage is due to:
- normal wear and tear
- damage arising from improper assembly or modification of the product;
- damage arising from abnormal use or abuse of the product;
- damage, wear and tear as a result of improper or lack of maintenance and/or care of the product (e.g. of fabric, leather or timber); or
- damage to external product packaging only.
- We will assess each warranty claim on a case-by-case basis. Depending on the nature of the damage or fault, we may arrange to:
- send missing parts (if applicable);
- suggest a method of self-repair (if applicable).
- replace the product (subject to availability);
- offer an alternative product; or
- offer a partial or full credit voucher or refund.
Weight Limitations
- General Provision: The following weight limits are set forth as the maximum allowable weight that the specified furniture materials can support. These limits apply in the absence of any alternative weight restrictions noted within the individual product listing.
- Lounges / Recliners: 110 kg per seat/occupant.
- Dining Chairs / Accent Chairs: 110 kg per seat/occupant.
- Manufactured Wood: Items made from manufactured wood are not to exceed a weight of 110 kg.
- Upholstered Furniture: Upholstered pieces have a weight capacity of 130 kg.
- Aluminium Frame: Aluminium frame-based furniture items can bear loads up to 120kg.
- Wicker/Rattan: Wicker or rattan furniture should not be subjected to weights greater than 110 kg.
- Plastic/Acrylic: Plastic or acrylic furniture items have a recommended maximum weight limit of 100 kg.
- Solid Wood: Furniture crafted from solid wood has a weight limitation of 150 kg.
- Steel Fabrication: Items manufactured using steel are rated for weights up to 130 kg.
- Iron Works: Iron furniture is capable of supporting up to 220 kg.
- Compliance: Adherence to the stated weight limits ensures the longevity and safety of the furniture. Exceeding these limits may result in damage or failure to the furniture and potential risk to users.
- Liability: The company shall not be held liable for any damages or failures arising from the use of furniture beyond their specified weight capacities.
- Variation Clause: It is the buyer’s responsibility to consult product listings for any variations from the standard weight limits outlined above. These stipulations are in place to uphold quality and safety standards.
- Confirmation of Understanding: By purchasing our products, you acknowledge and agree to the weight limitations specified herein.
- Alterations and Amendments: These terms are subject to change at the discretion of the company, with updates provided as necessary to reflect new standards and regulations.
This section of the terms and conditions ensures clarity on the weight capacities of various furniture materials, providing a guideline for customers to follow to maintain the integrity and safe use of their purchased items.
Product Naming Policy
- Renaming for Identification and Clarity
We reserve the right to rename products listed on our website to aid in identification and to avoid confusion. This occurs because some products may have similar or identical names to others, especially when it comes to products from brands like Artiss, Giselle Bedding, Giantz, etc. The renaming is undertaken to help our customers differentiate between items and find what they are looking for more easily.
2. Unchanged Product Specifications
Despite any renaming that may occur, please be assured that the fundamental characteristics of the product—such as its description, color, and dimensions—will remain as they are clearly displayed on the product listing online. The renaming process solely affects the name under which the product is listed on our website and does not indicate any modification or change to the product itself.
3. Variations in Brand Names on Packaging
Please be aware that due to our renaming policy, the name or brand on the product packaging you receive may differ from the name listed on our website. This is due to a variety of factors including supplier naming conventions and brand name variations. We encourage customers to refer to the product description, color, and dimensions provided in the product listing online to understand the exact specifications of the product.
4. Customer Service
If you have any questions or concerns regarding the product names, or if you find any discrepancies in the product details, please feel free to reach out to our customer service. We are here to assist you and ensure you have a satisfactory shopping experience.
5. Agreement to Terms
By using our website and making a purchase, you agree to this product naming policy and understand that the renaming is undertaken for the purpose of clarity and convenience, and does not alter the fundamental characteristics of the product as displayed on the product listing online.
Damaged/Faulty Products
If your products arrive damaged, you must notify us of the problem within 2 working days of receipt. You are required to keep all original packaging for damage/fault claims noticed upon delivery, unboxing or assembly. In the event a damaged/faulty item requires to be returned, please ensure that the items are securely repackaged and disassembled in the same state as they were delivered in the original packaging. The courier will not accept loose or assembled items for collection. Customers are responsible for repackaging costs if they have disposed the original packaging while a damage/fault claim is still in process.
You can make a claim for product failures during the warranty period and products arriving damaged by providing us with the following information:
- A detailed description of the problem with supporting photographic and/or video evidence
- Proof of purchase, such as in the form of a tax invoice
Once assessed and approved by our team, you will be contacted with instructions on how to proceed. Please do not attempt to return the item without approval by us.
We will assess each situation on a case-by-case basis. We will advise on whether we will send replacement parts, offer a full or partial refund, or replace the product.
If a refund is approved, this will generally take up to 2 working days to process and we will notify you once your refund has been processed. However, please allow an additional 5 working days on top for your financial institution to process it.
A remedy will not be provided if products are being misused, mishandled or mistakenly installed. Customers are responsible for following the instructions and advice given by the manufacturers.
WARRANTY AGAINST DEFECTS
- Our warranties against defects and remedies under these warranties are in addition to other rights and remedies of the purchaser under the Australian Consumer Law.
Warranty Period
- Midland discount bedding warrants that from the date of purchase, all Products (or components of Products as the case may be) will be free from defects in workmanship and materials for the Warranty Period described in your Tax Invoice.
- Warranty Periods commence from the date of your Tax Invoice. If a Product is replaced under this Warranty, the Warranty Period for that replacement Product expires on the same date as the Warranty Period for the original Product
4.Unless excluded under clause 10, this Warranty covers all parts and materials of the Product found to be defective in manufacturing or materials during the applicable Warranty Period.
- The warranty against defects is not transferable. It is limited to the original purchaser specified in the original Sales Order at the original delivery address. The warranty against defects only applies to products that are used for normal domestic purposes and excludes products used for commercial purposes
- Where a “Major Defect” in the Product occurs within the first 12 months of a Warranty Period, we will, at our discretion, either decide to replace the Product or repair it.
- Where a defect in the Product is identified within the Warranty Period which:
- does not constitute a Major Defect; or
b. is a Major Defect which is identified after the first 12 months of the Warranty Period.
we will at our option, replace the Product, repair the Product or provide you with a full refund.
- A Major Defect occurs when:
- the Product would not have been acquired by a reasonable consumer fully aware of the nature and extent of the defect; or
b. the Product departs in a significant respect from any description, sample or model; or
c. the Product is substantially unfit for purpose and cannot be easily remedied within a reasonable time; or
d. the Product is unsafe.
Scuff marks, fabric pilling, loose stitching, tears to dust covers, small tears, softening of foam and fillings and form the shape of the user, generally will not constitute a Major Defect under this Warranty.
- Midland discount bedding’s liability under this Warranty does not extend to:
- damage, failure, fading, or deterioration (of the whole of the Product or its components) caused by normal wear & tear; or
b. damage (including corrosion) caused by improper use, assembly, placement, storage care or maintenance, including damage caused by failing to adhere to care instructions.; or
c. damage caused in circumstances where the Product has been used commercially or in a manner which is greater than, or exceptional to normal domestic use; or
d. breakage or damage to glass table tops or mirrors; or
e. damage caused by Acts of God; or
f. defects in Products sold “As Is” which have been brought to your attention prior to purchase.
g. the cost of transporting the Product to and/or from the specified place of repair or replacement.
How to claim
13. To make a claim under this Warranty, simply follow these steps:
- Locate your receipt (or other proof of purchase reasonably acceptable to Us) which proves the date on which you purchased the Product.
b. Submit a customer-support ticket via email to store
WHY YOUR CONTACT DETAILS ARE IMPORTANT
We want to make sure you receive your purchases as soon as possible. Please be sure to provide your exact delivery address and telephone number. Incorrect information may cause a delay in processing your purchases.
WHAT IF WE ARE OUT OF STOCK?
We will contact you via phone within two working days of receipt of your full order and provide you with an estimated time when the product is expected to be back in stock. At this time you can decide to keep the item on back order in which case as soon as the product is in store it will be delivered to you. If we can’t order any more of the items you have selected than you can replace the product with another one
ACCESORIES ON THE IMAGES?
Accessories displayed on the images are not included with in that particular items price, they can be purchased seperately
PROMOTIONAL PRICE
We have a competative pricing on our products, and our web site is connected live to our operations system, so the pricing on the website is up to date, however check the price validity period on our catalogue and any on going promotion Midland discount bedding does not take any responsibility for the change in price between the duration of you viewing the price on the web site and when you come physically in store to purchase the item if the price is changed from the time you view the product on website
COPYRIGHT AND TRADEMARK NOTICE
This site is owned and operated by Midland discount bedding. Any and all material which appears on this site, including text, logos, graphics, images, photographs, icons, site design, graphics and other material (collectively the “Content”) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright © 2011, ALL RIGHTS RESERVED.
PRIVACY STATEMENT
Midland discount bedding respects the Guidelines suggested by the Australian Direct Marketing Association, in it’s Code of Practice for Consumer Protection in ecommerce. We also abide by the World Wide Web Consortium (W3C) Platform for Privacy Preferences
Project (P3P). This policy is emerging as an industry standard providing a simple, automated way for users to gain more control over the use of personal information on web sites they visit. In line with those guidelines, Midland discount bedding would like you to be aware of the information we collect to provide your service. We do not provide third parties with access to your personal data, with the obvious exception of third party business partners such as the Domain Name Registries.
INFORMATION COLLECTED BY MIDLAND DISCOUNT BEDDING
Your contact information, including:
- named individuals
- telephone,
- fax numbers and
- email addresses
- Information about what services you have ordered from Midland discount bedding
- Information about what services you have enquired
- Your interest in receiving Midland discount bedding email newsletters
- Correspondence between you and Midland discount bedding
- A customer relationship management system in which details of conversations might be written by employees
- Encrypted credit card details
- Your accesses to our websites
WHAT MIDLAND DISCOUNT BEDDING DOES WITH YOUR INFORMATION
- We do not make your personal information available to third parties, with the obvious exception of third party business partners such as the domain name registries.
- We will contact relevant people to communicate billing and technical issues
- We store website data and email queued on our servers, only for use as back-up data should it be required
- We may customise our email newsletters and communications to reflect your interest in a particular service
- We access historic correspondence and details about earlier conversions in response to customer service issues and, to conform to the edicts of the law or comply with legal process served on Midland discount bedding
- We store encrypted credit card details to allow us to process the subscriptions to our services
- We monitor and store your online requests for webpage’s and services for research and to keep a history of your transactions with the business (this might include recording the fact you set up and deleted an email account, or took a trial in one of our services, etc)
EMAIL COMMUNICATIONS
As a customer of Midland discount bedding you will receive occasional email communications from Midland discount bedding that relate to the services we provide to you, and you will have the option to opt-out of all non-essential email and postal mail. If you have any questions about our privacy policy, please feel free to contact us.
OVERVIEW
This website is operated by Midland discount bedding. Throughout the site, the terms “we”, “us” and “our” refer to Midland discount bedding. Midland discount bedding offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
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.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to 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 will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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 or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Midland discount bedding, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Midland discount bedding and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – 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 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.