Terms & Conditions
- These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Products are sold by Us through this website, com.au (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Products from Our Site. You will be required to read and accept these Terms and Conditions when ordering Products. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Products through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract ” – means a contract for the purchase and sale of Products;
“Dispatch Confirmation” – means our acceptance and confirmation of your Order;
“Goodwill Guarantee” – means our unique 30 night comfort guarantee whereby you try our products offering the Goodwill Guarantee in the comfort of your own home. If you aren’t getting the best night’s sleep you’ve ever experienced, just return it to us within 30 nights of purchase and we’ll refund your full purchase price subject to our terms and conditions. The goodwill guarantee offered by Us which exists to enhance the legal rights of our customers and products delivered to Australia and New Zealand to change their mind and return Products to Us; where this Goodwill Guarantee applies, the Goodwill Guarantee does not entitle You to any refund on delivery or return costs (paid by you when the Products were originally purchased or returned to Us). Furthermore, goods must actually be received by us within the 30 day period. Any products provided as a free gift are specifically excluded from any Goodwill Guarantee and have no monetary value;
“Order” – means your order for Products
“Products” – means the Products sold by Us through Our Site;
“We/Us/Our” – means Rockin Direct Pty Ltd, a company incorporated under the laws of the State of Victoria, Australia with its registered address at Suites 4 & 6, 574 Plummer Street, Port Melbourne, Australia, VIC 3207
- Information About Us
- Our Site is operated by Us.
- Access to and Use of Our Site
- Access to Our Site is free of charge and is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- Age Restrictions
- Consumers may only purchase Products through Our Site if they are at least 18 years of age.
- Business Customers
- These Terms and Conditions do not apply to customers purchasing Products in the course of business. If you are a business customer, please consult Us.
- International Customers
If Products are being ordered from or for outside Australia, import duties, taxes and other charges may be incurred en route to their international destination. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs, procedures and time scales. As the buyer of the Products, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Products are being imported. We are not responsible for any charges, damage or delay. To assist you assess import charges we have added a customs tax calculator to the basket page by way of an estimate. We do not guarantee the accuracy of such assessment and we shall not be responsible for any mis-calculations or changes to any duties, taxes or charges whatsoever. We are not be responsible for any further charges you may incur in delivering the Products, or in their return to us for any reason whatsoever. Please be aware that Products may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Products will be free of signs of tampering for which we have no liability.
- Products, Pricing and Availability
- We make all reasonable efforts to ensure that all descriptions and graphical representations of Products available from Us correspond to the actual Products. Please note, however, the following:
- Images of Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
- Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Products may vary.
- Please note that sub-Clause 8.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Products, not to different Products altogether. Please refer to Clause 12 if you receive incorrect Products (i.e. Products that are not as described).
- Where appropriate, you will be required to select the required size and number of the Products that you are purchasing.
- We neither represent nor warrant that Products will be available. Stock indications are not provided on Our Site.
- We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 8.8 regarding GST, however).
- All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
- We will contact you before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Products at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of the same in writing.
- In the event that the price of Products you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
- All prices on Our Site include GST. If the GST rate changes between your Order being placed and Us taking payment, the amount of GST payable will be automatically adjusted when taking payment.
- Delivery charges are not included in the price of Products on Our Site. For more information on delivery charges, please refer to the cost on the Site. Delivery options and related charges may be presented to you as part of the order process.
- Orders – How Contracts Are Formed
- Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
- No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Dispatch Confirmation by email. Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.
- Dispatch Confirmations shall contain the following information:
- Confirmation of the Products ordered.
- Fully itemised pricing for the Products ordered including, where appropriate, taxes, delivery and other additional charges; and
- Estimated delivery date(s).
- If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible.
- Payment for Products and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
- We accept various methods of payment as indicated on Our Site.
- We offer Afterpay on all purchases to anyone eligible, owning an Afterpay account and within the Afterpay T&Cs. Please see the Afterpay T&Cs here https://www.afterpay.com/en-AU/terms-of-service.
- Delivery, Risk and Ownership
- All Products purchased through Our Site will normally be delivered by TOLL within 5-9 business days of the date of Our Dispatch Confirmation unless otherwise agreed (subject to delays caused by events outside of Our control.
- In the unlikely event that We fail to deliver the Products within 30 calendar days of Our dispatch confirmation (unless otherwise agreed as under sub-Clause 11.1), if any of the following apply you may cancel your Order immediately:
- We have refused to deliver your Products; or
- In light of all relevant circumstances, delivery within that time period was essential; or
- You told Us when ordering the Products that delivery within that time period was essential.
- If you do not wish to cancel under sub-Clause 11.2 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then cancel your Order.
- You may cancel all or part of your Order under sub-Clauses 11.2 or 11.3. Any sums that you have already paid for cancelled Products and their delivery will be refunded to you. Please note that if any cancelled Products are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, you will bear the cost of returning the cancelled Products.
- Delivery shall be deemed complete once We have delivered the Products to the address (including, where relevant, any alternative address)provided in your Order.
- The risk in the Products shall remain with Us until delivery of the Products to the address (including, where relevant, any alternative address)provided in your Order.
- Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
- Faulty, Damaged or Incorrect Products
- We provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Products, please contact Us as soon as reasonably possible, and in any event within 3 days, to inform Us of the fault, damage or error, and to arrange for a refund or replacement.
- Beginning on the day that you receive the Products (and ownership of them) you have a 30 Calendar Days to reject the Products and to receive a full refund if they do not conform as stated above. Alternatively, you may request a replacement. We will replace them within a reasonable time but we will not bear any associated costs. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund.
- Please also note that you may not return Products to Us under this Clause 12 merely because you have changed your mind.
- To return Products to Us for any reason under this Clause 12, please initially send an email to email@example.com or call 1300 915 613. We will not be responsible for the costs of returning Products under this Clause 12.
- Refunds (whether full or partial, including reductions in price) under this Clause 12 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
- Free gifts or products do not qualify for any warranties.
- Cancelling and Returning Products if You Change Your Mind
- We offer a Goodwill Guarantee within which you may change your mind, cancel, and return the Products as detailed below.
- If the Products are being delivered to you in a single instalment (whether single or multiple items), Our Goodwill Guarantee extends the period to a total of 30 calendar days from the date of delivery.
- If the Products are being delivered in separate instalments on separate days, Our Goodwill Guarantee extends this period to a total of 30 calendar days from the date of the delivery of the final instalment.
- If you wish to exercise your right to cancel under this Clause 13, you must inform Us of your decision within the cooling off period as extended by Our Goodwill Guarantee. You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
- Telephone: 1300 915 613
- Email: firstname.lastname@example.org
- Post: Suites 4 & 6, 574 Plummer Street, Port Melbourne, Australia, VIC 3207
- In each case, providing Us with your name, address, email address, telephone number and Dispatch Confirmation reference.
- We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Products and services, however please note that you are under no obligation to provide any details if you do not wish to.
- Please note that you may lose your legal right to cancel under this Clause 13 in the following circumstances:
- If the Products are sealed for health or hygiene reasons and you have unsealed those Products after receiving them;
- If the Products have been inseparably mixed with other items (according to their nature) after you have received them; or
- The Products would fail the warranty criteria in clauses 14-22.
- Please ensure that you return Products to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 13 but in any event before the expiry of the Goodwill Guarantee.
- You may return Products to Us by post or another suitable delivery service of your choice to Our returns address 14 Waler Crescent, Smeaton Grange, NSW, 2567. Please note that you must bear the costs of returning Products to Us if cancelling under this Clause 13.
- Refunds under this Clause 13 will be issued to you within 14 calendar days of the following:
- The day on which We receive the Products back; or
- The day on which you inform Us (supplying evidence) that you have sent the Products back (if this is earlier than the day under sub-Clause 13.7.1); or
- If We have not yet provided a Dispatch Confirmation or have not yet dispatched the Products, the day on which you inform Us that you wish to cancel the Contract.
- Refunds under this Clause 13 may be subject to deductions in the following circumstances.Refunds may be reduced for any diminished value in the Products resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Products and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Products have been handled excessively.
- Delivery charges will not be reimbursed if you are returning under the Goodwill Guarantee.
- Refunds under this Clause 13 will be made using the same payment method that you used when ordering the Products.
- Free gifts or products do not qualify for any warranties.
- WARRANTY CLAIMS – DORMEO MATRESSES
- To submit a warranty claim, Rockin Direct must receive the following documentation within one calendar month of delivery by email to email@example.com:
- Copy of Original Receipt
- Images of Claim/Defect
- Detailed Description of Claim/Defect
- For the first five (5) of the Warranty Period, at our option, we will replace or repair defective workmanship or materials at no cost, other than all one-way shipping (see Shipping and Handling section) to the original purchaser. However, during years 6 through 20 of the Warranty Period, any repair or replacement guarantee will be subject to a prorated cost schedule that will be applied either to the repair or replacement cost. One-way shipping and handling costs are the responsibility of the original purchaser FOR ALL WARRANTY CLAIMS.
- Prorated cost schedule
- To submit a warranty claim, Rockin Direct must receive the following documentation within one calendar month of delivery by email to firstname.lastname@example.org:
Year 6: Guarantee reduced by 25%
Year 7: Guarantee reduced by 35%
Year 8: Guarantee reduced by 45%
Year 9: Guarantee reduced by 50%
Year 10: Guarantee reduced by 55%
Year 11: Guarantee reduced by 60%
Year 12: Guarantee reduced by 65%
Year 13: Guarantee reduced by 70%
Year 14: Guarantee reduced by 75%
Year 15: Guarantee reduced by 80%
Year 16: Guarantee reduced by 85%
Year 17: Guarantee reduced by 90%
Year 18: Guarantee reduced by 95%
Year 19: Guarantee reduced by 97%
Year 20: Guarantee reduced by 99%
- THIS WARRANTY IS APPLICABLE ONLY TO THE ORIGINAL PURCHASER OF THE DORMEO‘OCTASPRING MATTRESS FROM US. THE ORIGINAL PURCHASE RECEIPT OR A PROPERLY REGISTERED DORMEO‘ OCTASPRING MATTRESS WARRANTY IS REQUIRED FOR ANY WARRANTY CLAIM. MATTRESSES PURCHASED FROM UNAUTHORIZED THIRD-PARTY RESELLERS, OR OTHER NON-AUTHORIZED SELLERS (INCLUDING, BUT NOT LIMITED TO, SALES VIA EBAY INC., AMAZON.COM, INC., ETC.), SHALL RENDER THE WARRANTY NULL AND VOID IN ITS ENTIRETY. THIS WARRANTY DOES NOT APPLY TO FLOOR MODELS OR ‘DEMOS.’ WE SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY. THE FOREGOING WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE HEREUNDER OTHER THAN THE WARRANTY DESCRIBED HEREIN.
- All warranty claims must be submitted in writing to Rockin Direct describing the nature of the alleged defect, and, in addition, must be accompanied by photographic evidence of the alleged defect, and proof of purchase or warranty registration. This information will be used for evaluation purposes by Rockin Direct, in its sole discretion. Failure to provide the foregoing materials may result in rendering the Warranty null and void in Rockin Direct’s sole discretion.
- DORMEO‘Octaspring‘ mattresses are designed to work on a firm, solid-surface, non-spring foundation or adjustable bed base that is structurally capable of supporting the weight of purchaser’s DORMEO‘ Octaspring mattress and user(s). This limited warranty and other performance warranties are based on tests conducted on ‘sets’ that consist of our mattresses and our foundations/adjustable bed bases. THEREFORE, IF PURCHASER USES INAPPROPRIATE FOUNDATIONS, BOX SPRINGS, ADJUSTABLE BED BASES, OR BED FRAMES WITH THIS MATTRESS, SUCH USE WILL VOID THIS LIMITED WARRANTY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Rockin Direct may require purchaser to provide proof of the quality of the foundation, adjustable bed base, or bed frame used in conjunction with the mattress if purchaser makes a claim under this limited warranty. Rockin Direct reserves the right to invalidate this limited warranty if the foundation is determined, in Rockin Direct’s reasonable discretion, to be inadequate.
- MATTRESS WARRANTY DOES NOT APPLY TOO:
- Normal product wear and tear as determined in our sole discretion
- A normal increase in the softness of the DORMEO‘Octaspring‘ core material
- The occurrence of mold
- Use of an improper or unsupportive foundation
- Additional shipping/transportation costs other than stated herein
- Staining or issues relating to the mattress being used or stored in an unsuitable or unsanitary condition, or issues arising from the failure to use a washable mattress protector.
- MATTRESS WARRANTY IS DEEMED NULL AND VOID WHEN:
- The product has been subject to misuse, careless treatment, or physical abuse, as determined in our sole discretion.
- The mattress has not been properly packaged resulting in damage during return shipping to us.
- The original purchaser cannot provide an original proof of purchase receipt, or has not properly registered the warranty online.
- PLEASE RETAIN A COPY OF YOUR WARRANTY AND ORIGINAL SALES RECEIPT FOR FUTURE REFERENCE.
- ADDITIONAL INFORMATION
- If the original mattress model is not available at the time of repair or replacement, Rockin Direct reserves the right to offer an alternative model of equal quality or value, in its sole discretion.
- If an individual’s body impression found in a DORMEO‘Octaspring‘ mattress is 3/4 of an inch or more in depth and IS NOT associated with use of an improper or unsupportive foundation (or other misuse), it may be covered by the warranty. However, mattress dimensions (length and width) have a ‘2% tolerance due to elastic components. This tolerance is considered normal and does not constitute a defective mattress and is not subject to a warranty claim, whether after short- or long-term use of the mattress.
- In the event of an authorized product repair or replacement, the Warranty Period will not be renewed or extended following the repair or replacement. In short, a repaired or replaced mattress does not reset or in any way alter the Warranty Period duration in connection to subsequent warranty claims, if any.
- MATTRESS COVER LIMITED WARRANTY
- The mattress cover provided with the mattress is warrantied for one (1) year from the original date of purchase to be free of defects in the material or workmanship. Rockin Direct will replace or repair a cover at its option within the one year period at no cost to the original purchaser, excluding return shipping costs.
- 5 YEAR PILLOW WARRANTY (EVOLUTION DREAM PILLOWS
- Rockin Direct provides a 5 year warranty for all pillows and guarantees the quality of materials and workmanship within the warranty period. The removable knit pillowcase is provided with a 1 year warranty for quality and workmanship. Rockin Direct will replace or repair the pillow or pillowcase due to faulty workmanship or material defects at no charge during the warranty period, subject to the limitations for this warranty. Rockin Direct will cover related costs for repair or replacement of the product to the original purchaser. All transportation costs will be the responsibility of the purchaser. This warranty is valid from the date of the product purchase and valid for 5 years. Warranty can be claimed by the original proof of purchase or our on-line warranty registration. In the event of a warranty claim, repair or replacement the warranty will not be renewed or extended, but will continue from original purchase date. This warranty does not cover: Normal product wear and tear as determined in our sole discretion; the occurrence of mold; Shipping/transportation costs; Staining or issues relating to the pillow being used or stored in an unsuitable or unsanitary condition; or issues arising from the failure to follow use and care tags on the product.
- SHIPPING AND HANDLING FEES
- The original purchaser is responsible for all shipping and handling fees for all Rockin Direct products for any and all warranty claims.
- THE REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL ROCKIN DIRECT BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, OR FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR LOSS TO THE FULL EXTENT THAT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
- Some states do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, and so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights that vary from state to state, and you may have other rights which may vary from state to state.
- 3 YEAR PILLOW WARRANTY (DORMEO DARK & MICRO COMFORT CUSHIONS PILLOWS)
- Rockin Direct provides a 3 year warranty for all pillows and guarantees the quality of materials and workmanship within the warranty period. The removable knit pillowcase is provided with a 1 year warranty for quality and workmanship. Rockin Direct will replace or repair the pillow or pillowcase due to faulty workmanship or material defects at no charge during the warranty period, subject to the limitations for this warranty. Rockin Direct will cover related costs for repair or replacement of the product to the original purchaser. All transportation costs will be the responsibility of the purchaser. This warranty is valid from the date of the product purchase and valid for 3 years. Warranty can be claimed by the original proof of purchase or our on-line warranty registration. In the event of a warranty claim, repair or replacement the warranty will not be renewed or extended, but will continue from original purchase date. This warranty does not cover: Normal product wear and tear as determined in our sole discretion; the occurrence of mold; Shipping/transportation costs; Staining or issues relating to the pillow being used or stored in an unsuitable or unsanitary condition; or issues arising from the failure to follow use and care tags on the product.
- FOUNDATIONS AND PILLOWS
- DORMEO Foundation and Pillows come with a 2 year warranty and We guarantee the quality of materials and workmanship within the warranty period for quality and workmanship. Rockin Direct will replace or repair the pillow or pillowcase due to faulty workmanship or material defects at no charge during the warranty period, subject to the limitations for this warranty. Rockin Direct will cover related costs for repair or replacement of the product to the original purchaser. All transportation costs will be the responsibility of the purchaser. This warranty is valid from the date of the product purchase and valid for 2 years. Warranty can be claimed by the original proof of purchase or our on-line warranty registration. In the event of a warranty claim, repair or replacement the warranty will not be renewed or extended, but will continue from original purchase date. This warranty does not cover: Normal product wear and tear as determined in our sole discretion; the occurrence of mold; Shipping/transportation costs; Staining or issues relating to the pillow being used or stored in an unsuitable or unsanitary condition; or issues arising from the failure to follow use and care tags on the product.
- When the pillow is provided free of charge, all warranties are excluded.
- OCTASMART TOPPERS
- Octasmart toppers are made from the highest quality materials and manufactured to exacting standards. For this reason we are able to offer an 8 year limited warranty for toppers in the Octasmart range
- Rockin Direct PTY LTD. endeavours to satisfy our customer’s every need. With that in mind we will do our best to make shopping with us a pleasurable experience.
- We offer a 30-day money back guarantee on all our products. This guarantee is in addition to and does not affect your Statutory Rights. If you are not satisfied with your order for any reason, please call our customer service team on 1300 915 613 or email us at email@example.com obtain a return reference number for a full refund of the purchase price less postage and packing.
- In the unlikely event that your product develops a fault during the 30-day trial period, please follow the above procedure. We will then arrange for the faulty product to be collected at no cost. Once the item has been received at Rockin Direct PTY LTD and the fault confirmed, your replacement product will be dispatched or a refund will be issued.
- It is the customer’s responsibility to pay for postage and packing when returning an item unless we delivered the item to you in error, or if the item was damaged or defective when you received it.
- Proof of postage is required. It is very important that you quote your order number clearly in order to ensure a prompt response from us regarding any refund for, or replacement of, a returned item.
- In the event that a replacement is sent out for a damaged, defective or incorrect item, you must return the original item. Rockin Direct PTY LTD reserves the right to charge the price of the replacement to the payment card used for the original order if the item is not returned.
- A full refund of the purchase price would be made once the goods have been returned in a saleable condition however return postage is payable by the customer. A full refund can only be made if proof of return is presented. Please note: refunds for toppers will only be granted upon receipt of both the topper AND the free pillow.
- All Dormeo Octasmart Toppers come with a limited warranty. We guarantee that we will replace or repair your Dormeo topper if it is defective due to faulty workmanship or materials, subject to the limitations described in this warranty.
- Please read the instructions carefully before using the product.
- Protect your valuable purchase, activate your topper warranty online, so you can rest easy, knowing your precious purchase is covered. You must register your topper within 30 days of purchase to activate your warranty. Toppers purchased from unauthorised third-party resellers or other non-authorised sellers shall render the warranty null and void in its entirety.
Product use and care instructions:
- Dormeo Octasmart Toppers are vacuum packed, which enables easy transportation and excellent hygiene. Do not use sharp objects when opening the package as these may damage the mattress cover.
- The package must be opened within 30 days of the mattress delivery date.
- After opening, the Octasmart topper cover may be slightly wrinkled. A normal result of the vacuum-packing, this will disappear in a few hours. The topper will regain its normal shape in 15 minutes and be ready to sleep on after 6 hours.
- Due to the nature of the materials and the vacuum-packing process, the product may initially have a ‘memory foam’ smell. This will naturally dissipate after a few hours once the packaging has been removed.
- Our toppers should be rotated once a week for the first 4 weeks of use and then once every 4 weeks thereafter. Rotate head to toe and vice versa.
- The product is intended for use inside the home in temperate environments. We recommend exposing the topper to fresh air weekly without sheets. In this way a build-up of humidity is prevented. Occurrence of mould is not covered under warranty. Tip: make sure your topper is not pushed right against the wall.
- Placing the topper on steel nets, wide slatted groundings, flat plates or putting the topper directly on the floor enables the containment of humidity. If you use any of these bases please air your topper.
- Materials in the topper will not change with normal use. The thickness of a topper can reduce by 5% to 15%. Such a reduction in thickness is considered normal. Reparation and repayment claims caused by such a reduction of thickness will not be granted.
- Mattress dimensions (height and width) have a +2% or -2% tolerance due to elasticity of its components (aligned to industry standards). This tolerance is considered normal and does not constitute a defective topper. Such a variation can occur even after long use of the topper.
- A partial increase in mattress softness is not considered as an error but as a consequence of normal use. Therefore such softness increases are not covered within the warranty statement.
- Do not smoke in the bed or use flammable materials on the topper.
- The manufacturer does not warrant for topper changes and errors caused by topper use not in accordance with the given instructions and warnings defined in the warranty statement. Claims for topper reparation or topper replacement caused by such errors and by use not in accordance with instructions will not be granted.
- In case of product claims, We reserve the right of a professional inspection of the topper. Please note the defective topper must be returned to Us for inspection to determine the proper remedy, if any, under Warranty. All shipping costs to and from Us are the sole responsibility of the original buyer, regardless of whether a defect is confirmed by Us or not.
- Product claims relating to manufacturing errors (sewing errors, eventual stains and other imperfections), which don’t influence the functioning of the topper , must be notified to the Us within 30 days of topper delivery
- If you make a valid claim under the guarantee after 4 years from the date of purchase We will provide you with an equivalent replacement topper. Claims after this point are subject to you paying a percentage of the price of the mattress as follows:
- For Dormeo topper with a limited 8 year warranty:
0-4 years: Full guarantee
Year 5: The guarantee is reduced by 20%
Year 6: The guarantee is reduced by 40%
Year 7: The guarantee is reduced by 60%
Year 8: The guarantee is reduced by 80%
- The manufacturer provides a 8 year limited warranty for the core of Dormeo Octasmart Topper.
- The manufacturer guarantees the quality and flawless functioning of the product when in the warranty period. It also guarantees that the product will serve its purpose and ensure maximum comfort, if the given instructions are followed.
- The manufacturer guarantees that it will repair the product’s eventual imperfections or errors at its cost in the warranty period. In case the vendor cannot repair the errors at the customer’s home, the product will be returned to the manufacturer for repair.
- In case of factory error on the mattress, we will repair or exchange it and do so in commercially reasonable time.
- Any claim must always be supplied in writing. When enforcing the warranty, the customer must also present a proof of purchase and have registered their product for warranty.
- The warranty is valid from the date of product sale.
- Warranty is not valid:
- When problems are caused as a consequence of use not according to the product use and care instructions
- For any claims for faults covered in the ‘Important information’ section above
- When problems are a result of misuse, or careless treatment
- When product failure is due to causes other than defective workmanship or materials
- For the occurrence of mould as a result of poor airing
- If, in returning the product, the customer does not make suitable allowances to ensure the product is protected from damage during transit
- For transportation costs
- Rockin Direct will offer Free Delivery to anywhere in Australia. This will be a standard road delivery and the provider of this service will be at the sole discretion of Rockin Direct PTY LTD. Rockin Direct PTY LTD will take no responsibility for a missed delivery or goods damaged or removed as a result of being left unattended at a property.
Free Pillow with every Topper
- Rockin Direct PTY LTD are giving away a free standard Octasmart pillow with any purchase of an Octasmart Topper. A free pillow only applies if a topper has been purchased. Please note: refunds for toppers will only be granted upon receipt of both the topper AND the free Octasmart standard pillow. See refund policy
- Our Liability to Consumers
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. This is limited to the customer’s payment of the item in question.
- We only supply Products for domestic and private use by consumers. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.
- Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 25 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;
- If the event outside of Our control continues for more than 60 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible.
- Communication and Contact Details
- If you wish to contact Us with questions, please contact Us by email at firstname.lastname@example.org call 1300 915 613 or by post at Suites 4 & 6, 574 Plummer Street, Port Melbourne, Australia, VIC 3207
- Complaints and Feedback
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- All complaints will be responded to as quickly as possible and we shall make our best efforts to find a satisfactory solution to the complaints received. Complaints are handled in accordance with Our complaints handling policy and procedure, available from the Operations Director
- If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways identified above:
- How We Use Your Personal Information (Data Protection)
- All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the data protection legislation.
- You consent that we may use your personal information to:
- Provide Our Products and services to you;
- Process your Order (including payment) for the Products; and
- Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
- In certain circumstances and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the data protection legislation and should use and hold your personal information accordingly.
- We will not pass on your personal information to any third parties without first obtaining your express permission.
- Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.
- Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
- Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
- Registered Office:
- Rockin Direct Pty Ltd, a company incorporated under the laws of the State of Victoria, Australia with its registered address at Suites 4 & 6, 574 Plummer Street, Port Melbourne, Australia, VIC 3207