Terms & Conditions

1. These terms and conditions ("Terms") help to keep the octasmart.com.au website a safe place to trade and set out the full extent of any agreement reached between you and Studio Moderna International SA (SMISA) in connection with the octasmart.com.au website ("the Site"). You should understand that by placing an order, you accept the following terms and conditions:

General


Studio Moderna International SA (SMISA)
Via Industry 25,

6512 Giubiasco,

Switzerland

 

2. Your contract for purchases made through the Site is with SMISA and you undertake that any and all goods ordered by you are for your own private and domestic use only.


3. You must be at least 18 years old to place an order on this site. If you are under 18, you may only order in conjunction with, and under the supervision of, a parent or guardian. 


4. You agree that e-mail can be used as a -distance means of communication.


5. No contract for the sale of any product will subsist between you, and unless and until, SMISA accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time SMISA sends the e-mail to you (whether or not you receive that e-mail). 


6. This confirmation e-mail amounts to an acceptance by SMISA of your offer to buy goods from SMISA or a third-party supplier that is engaged on
your behalf by SMISA. 


7. The confirmatory e-mail will also contain a link to the octasmart.com.au website where these terms and conditions are displayed and may be amended in accordance with paragraph 39 below from time to time. 

8. You must check that the details on the confirmation e-mail are correct as soon as possible, and we recommend that you keep a copy. 


9. SMISA will not pass on your personal or payment details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.

 
10. You undertake that all details you provide to SMISA for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own, and that there are sufficient funds to cover the cost of the goods or services ordered. 


11. If there are any changes to the details supplied by you it is your responsibility to inform SMISA as soon as possible. 


12. All purchases are non-transferable. 

13. You may cancel your order prior to it being processed by contacting our Customer Service team directly via email at customerservice@octasmart.com.au or by phoning 1 800 243 722.

 

You may also withdraw from the contract at any time after the product has been dispatched and you have received an e-mail confirming your order by sending the notice of cancellation by ensuring that you quote your name, address, and order reference number.

 

Or where you have already received the goods but are unhappy with the product, you can request a return for any unopened items within the 80 nights risk-free trial period. You will need to contact our Customer Services team directly via email at customerservice@octasmart.com.au or by phoning 1 800 243 722.

 

SMISA will refund you the purchase price of the goods via your original method of payment. Where appropriate, SMISA shall refund any additional customs duties borne by you on receipt of the relevant customs receipt. If you have any complaints about an online transaction, please get in touch with our Customer Services team by phone on 1 800 243 722 or via email at customerservice@octasmart.com.au.

  

14. Once SMISA receives notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to SMISA from your credit card in relation to your order will be re-credited to that credit card account as soon as possible, and in any event within 30 days of your order provided that the goods you wish to return are received by SMISA in the condition that they were in when delivered to you.

15. Where defective goods are returned, there will be no charge made for the return. SMISA reserves the right to make a charge for receiving returned goods in circumstances where they are not defective, but you have cancelled your order. Your statutory rights, including as set out in paragraph 25A below, are not affected. 


16. All calls to SMISA customer services or the SMISA order line may be recorded for training and monitoring purposes. 

Liability 

17. This section applies only to the extent permitted by law. For the avoidance of doubt, SMISA do not exclude or limit any liability for:


(a) personal injury (including sickness and death) where such injury results from Limited's negligence or wilful default, or that of SMISA’s employees, agents, or subcontractors or;

 
(b) fraudulent misrepresentation. 

18. Subject to paragraph 25A, SMISA does not accept liability (except as set out below) for any errors and omissions, and reserve the right to change information, prices, specifications, and descriptions of listed goods, products, and services. 

19. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price.

 

We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms. 

20. SMISA will do its best to correct errors and omissions as quickly as practicable after being notified of them. 

21. To the fullest extent permitted by law and subject to paragraph 25A, SMISA is providing this site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this site or the information, content, materials, or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, SMISA does not represent or warrant that the information accessible via this site is accurate, complete, or current. 

22. Subject to paragraph 25A, in the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify SMISA of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods.

NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS. 

23. You and SMISA will only be liable under these Terms for losses that are a reasonably foreseeable consequence of the relevant breach of contract. 

24. The products sold on the Site are provided for private domestic and consumer use only. Subject to paragraph 25A, SMISA does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from SMISA. 

25. All products are covered by the following Octasmart warranties; a 2-year warranty for pillows, an 8-year limited warranty for mattress toppers, and an 18-year limited warranty on all mattresses. Visit our Warranty page for more information.

 

If your product develops a fault while under this warranty, please contact SMISA and we will advise you where to send it for repair. It is a "return to base" warranty and therefore there will be a delivery charge to return the product back to the relevant service centre. 

 

25A. If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by SMISA in connection with this Agreement and SMISA’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then paragraphs 18, 21, 23 and 24 do not apply to that liability and instead SMISA’s liability for such failure is limited to (at the election of SMISA), in the case of a supply of goods, SMISA replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, SMISA supplying the services again or paying the cost of having the services supplied again.

Processing of Orders 

26. Every purchase you make shall be deemed performed in Australia. Queensland law shall govern every aspect of contractual agreement concerning purchases made from the Site. 

27. SMISA aims to arrange shipment of all in-stock items within 7 days of receiving your order. We advise that you check our website for the latest delivery lead times on each product. If you purchase multiple products in one order, you may receive a split delivery depending on warehouse locations. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable, and the current stock status is approximate. We are not able to supply dates our suppliers may get an item in stock.

28. Our standard Returns Policy applies to all purchases from SMISA. 

Delivery/Title/Risk 

29. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered. 

30. Title to any product ordered will pass to you once SMISA has received payment in full for that product. Risk in any product ordered will pass upon delivery to you. 

31. SMISA can deliver to anywhere in mainland Australia. Unfortunately, we cannot deliver to Tasmania, PO Box addresses or parcel points.

Miscellaneous 

32. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including, but not limited to, acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions, pandemics, and any other similar events.

33. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of,
or faults in their networks and equipment. 

34. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision. 

35. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control. 

36. In these Terms, "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), trade-marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely. 

37. Subject to the licence granted to you to use the Site, SMISA reserves all rights, title and interest in its Intellectual Property Rights in the Site.
Any goodwill accruing from use of SMISA and its affiliates' trademarks, trade and business names and service marks under this Agreement will vest in SMISA and its affiliates, as appropriate. 

38. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. SMISA tracks the electronic 'fingerprints' of every order placed on octasmart.com.au to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on our website. 


39. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you, if:-

(i) you fail to make any payment to us when due; 

(ii) you breach the terms of this Agreement (repeatedly or otherwise);

(iii) when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; 

(iv) we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site. 

40. SMISA may amend these Terms from time to time and place the new version on the Site. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site.


Your continued use of the Site following SMISA's posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site. 

41. These Terms supersede any, and all, other conditions, understandings, commitments, agreements, or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between and you relating to your purchase.


SMISA advises that you keep a copy of these terms and conditions once your order has been accepted by SMISA. We will store a copy of the contract entered into by you with SMISA. You are advised to read (and are responsible for reading) fully all information on this website.

42. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected. 

43. These Terms are subject to the laws and exclusive jurisdiction of Queensland, Australia.

Back Orders

44. If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait. 

GST Charges

45. Any words capitalised in paragraphs 45 to 50 (inclusive) and not already defined in those paragraphs have the meaning given to those words in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (the GST Act).

 

46. If a Supply made under or in connection with this Agreement is a Taxable Supply, then at or before the time any part of the consideration for the Supply is payable:

 

(a) the Recipient must pay the GST Act Supplier an amount equal to the GST for the Supply, in addition to and in the same manner as the consideration otherwise payable under this Agreement for that Supply; and

 

(b) the entity making the Supply as that term is defined by GST Act (GST Act Supplier).

 

47. For clarity, the GST payable under paragraph 46 is correspondingly increased or decreased by any subsequent adjustment to the amount of GST for the Supply for which the GST Act Supplier is liable, however caused.

 

48. If either party has the right under this Agreement to be reimbursed or indemnified by another party for a cost incurred in connection with this Agreement, that reimbursement or indemnity excludes any GST component of that cost for which an Input Tax Credit may be claimed by the party being reimbursed or indemnified, or by its Representative Member, Joint Venture Operator or other similar person entitled to the Input Tax Credit (if any).

 

49. Where a Tax Invoice is given by the GST Act Supplier, the GST Act Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (as stated on the Tax Invoice) to the Australian Taxation Office.

 

50. Where a Supply made under or in connection with this Agreement is a Progressive or Periodic Supply, paragraph 46 applies to each component of the Progressive or Periodic Supply as if it were a separate Supply.

Security

Our Shopify store is Level 1 PCI compliant and is certificated by a 256-bit SSL encryption; a method used to encrypt and decrypt data transferred between the user’s browser and the website server. All pages, content, credit card, and transaction information are protected by the same level of security used by banks.

Warranty/80 Nights Risk-Free Trial
Selected products come with a manufacturer's warranty, please see individual product for all warranty information. In addition to this we have an 80 Nights Risk-Free Trial so you can "buy it and try it". This requires the customer to sleep on the product for a minimum of 30 nights, in order to give their body a chance to adjust to a new sleeping surface, before being eligible to return it within the 80 nights trial.

 

The Guarantee only applies to the original purchaser and the original proof of purchase must be supplied in order to prove that this has been purchased from an authorised supplier. The Guarantee is not transferable and will not apply or be transferred to exchanged products.

 

Discounts & Offers

All discounts and offers are subject to change, cancellation, and can be withdrawn at any time. This can be without any prior notice and without refund or compensation. Management reserves the right to refuse the use of any vouchers, discounts or offers at any time.

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