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Terms and Conditions

When reading through the Terms and Conditions, the Privacy Statement and Disclaimer as well as any and all of the agreements, the following terminology is applicable:

1. Client will apply to you, the person who is using this website and thereby accepting the Terms and Conditions set by the Company.
2. The Company, ourselves, our, we and us will apply to The Mattress Warehouse
3. Parties, Party and Us, will apply to both the client and ourselves (The Mattress Warehouse) or it can apply individually to the client or individually to The Mattress Warehouse.
4. Terms will apply to the offer, acceptance and/or consideration of payment that is needed for us to give assistance to a client in an appropriate manner such as a formal meeting or for the purpose of meeting a client’s needs as set in The Mattress Warehouse stated services and products as it relates to South African law.

The terminology written above when used as the plural, singular or capitulation variation of the words, will be seen as interchangeable and as such it will be seen as the same thus meaning that the Terms and Conditions apply and that the laws surrounding the terms and conditions also apply.

Privacy Statement

1. Introduction

The Mattress Warehouse (Pty) Ltd respects the right to privacy and confidentiality of our potential and existing clients’ personal information.

The Protection of Personal Information Act describes personal information as information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. This includes data such as names, contact details, and identity numbers.

This Policy explains how we obtain, use, and disclose our clients’ personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”) and the Electronic Communications and Transaction Act (“ECTA”).

At The Mattress Warehouse, we are committed to protecting our clients’ privacy and ensuring that their personal information is collected and used properly, lawfully, and transparently.

The Mattress Warehouse reserves the right to amend this Privacy Policy or add provisions to it at any time by publishing an updated version on our website.

2. Objective

The objective of this Policy is to ensure compliance with the Protection of Personal Information Act and the Electronic Communications and Transaction Act by:

• Setting out our strategy to uphold the rights to privacy and confidentiality of our clients’
personal information.
• Notifying data subjects how we will handle the personal information that we obtain.

3. Information we collect

The Mattress Warehouse collects personal information in various instances, including when:

• Data subjects contact The Mattress Warehouse or request information or services;
• The Mattress Warehouse provides services to data subjects;
• Persons apply for employment at The Mattress Warehouse;
• When persons use The Mattress Warehouse’s websites or engage with The Mattress Warehouse through social media;
• When persons use The Mattress Warehouse’s website to complete online surveys or competitions;
• The Mattress Warehouse may collect the information directly from a data subject or from third parties (such as regulators, government authorities, and registries);

The interaction with The Mattress Warehouse on The Mattress Warehouse’s website will result in the collection of information regarding the person’s activities on the website. Similarly, when anyone engages with the company via any one of The Mattress Warehouse’s social media platforms. This information includes, but is not limited to, the person’s name, contact details, and information regarding the matter with which they need assistance.

In the course of engaging with clients, The Mattress Warehouse will naturally be exposed to and collect personal information which includes the data subject’s name, contact details, financial information as well as other necessary information.

The Mattress Warehouse is committed to protecting the privacy rights of minors and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Mattress Warehouse does not knowingly collect information from minors and will not target its website to minors.

As part of its recruitment processes, The Mattress Warehouse may collect information from graduates and employment applicants. This information includes educational information as well as employment history. By inquiring regarding employment opportunities at The Mattress Warehouse or applying for employment, applicants are deemed to provide their consent to The Mattress Warehouse’s processing of their personal information for recruitment purposes, which may include screening as well as background and reference checks.

4. Processing of Personal Information

The Mattress Warehouse may process personal information:

• to provide services to clients;
• to comply with legal or regulatory obligations;
• if a data subject has provided their consent; or
• if the processing is allowed by law.

The purposes for which The Mattress Warehouse processes personal information include, but are not limited to:

• marketing and promotion of The Mattress Warehouse services to which clients may “opt-out” of receiving;
• providing and improving services to clients;
• improving users’ experience when using The Mattress Warehouse’s websites;
• enabling The Mattress Warehouse’s internal operations;

5. Information Security

We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that our clients’ personal information remains secure.

Our security policies and procedures cover:

• Physical security;
• Computer and network security;
• Access to personal information;
• Secure communications;
• Retention and disposal of information;
• Acceptable usage of personal information;
• Governance and regulatory issues;
• Monitoring access and usage of private information;
• Investigating and reacting to security incidents.

6. Disclosure of Information

We may disclose your information:

• Where we have a duty or a right to disclose in terms of law, industry codes, or a Court Order;
• Where we believe it is necessary to protect our rights;

The third parties to whom we disclose personal information include, but are not limited to:

• third-party service providers to The Mattress Warehouse or its clients;
• government authorities and registries, organs of state, regulators, courts, tribunals, and law enforcement agencies.

7. Transfer of Personal Information

Personal information collected by The Mattress Warehouse may be transferred to persons in other countries. Those countries’ laws might not protect personal information in the same way or on the same level as the law in the data subject’s country. However, The Mattress Warehouse will take reasonable steps to ensure that recipients in other countries have appropriate privacy measures in place.

8. Retention of Personal Information

The Mattress Warehouse retains personal information for as long as may be reasonably necessary in accordance with applicable law.

9. Cookies and Website Use

The Mattress Warehouse’s website makes use of cookies.

A website visitor may disable or decline cookies. However, if the visitor does so, their user experience on the site may be diminished.

Our website may provide links to external websites for your convenience and information. The Mattress Warehouse does not accept liability for those sites or their privacy practices and cannot be held responsible for the content of such websites.

We encourage you to review the privacy policy of any company before submitting your personal information as unrelated third parties are not covered by The Mattress Warehouse Privacy Policy.

10. Direct Marketing

The Mattress Warehouse may send marketing and promotional communications and material to persons. Recipients may opt-out from receiving such communications by contacting The Mattress Warehouse at the details provided on our website.

11. Client’s Rights

11.1 Access to Information

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information. Please note that any such access request may be subject to a payment of a legally allowable fee.

11.2 Correction of your Information

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to the personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

11.3 Right to Object

In terms of section 11(3) of the Protection of Personal Information Act you have the right to object to our processing of your personal information.

You may object by sending a request in writing to our e-mail address as provided on our website.

11.4 Right to Complain

You have the right to lodge a complaint with the Information Regulator should you feel that your personal data was not handled in a responsible manner.

The complaint can be sent to the Information Regulator at:

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017

Or

[email protected]

12. How to Contact Us

If you have any queries about this Policy, need further information about our privacy practices, wish to withdraw consent, exercise preferences, or access/correct your personal information, please contact us at the numbers/addresses listed on our website

Confidentiality

The Mattress Warehouse views all information provided by the client as confidential and will not share information with any third parties except for the manufacturers and if legally required, the relevant authorities. The Mattress Warehouse requests that clients keep copies of the information that is related to the provision of services from The Mattress Warehouse. When appropriate and necessary The Mattress Warehouse will give clients copies of documentation, knowledge and contacts for the client’s use, relating to the contract agreed upon.

The Mattress Warehouse will only communicate with clients on matters relating to the agreement made between the client and The Mattress Warehouse. We will not share, sell or send any contact information or confidential information to any third party for the purposes of marketing or otherwise.

Disclaimer

Limitations and Exclusions

Any information provided and included on this website is given on an “as is” basis.
As permitted by the fullest extent of the law, The Mattress Warehouse:
Excludes all of the representations and warranties that are related to the website and the content, including text and images, which are included on the website. This includes content provided by affiliates and any third parties which are related to any mistakes in the information or information left out of the site or as it refers to the company’s literature.
Excludes any damages that might be as a result of the use of this website or as a result of a connection with this website. Without any limitations damages will include loss of profits, loss of business (whether the losses could be foreseen or not) any damage to the computer and/or other device used to access this company’s website, any damage to the computer systems software, systems or programmes or the loss of data, either directly or indirectly as a result of the use of this website.
The Mattress Warehouse does not exclude liability for events caused by the negligence of this company such as death or injury.

E&OE: Errors and omissions excepted.
Prices may change without prior notice. Please note – material may change subject to availability.

The limitations and exclusions mentioned above are only applicable where they fall under the scope of the law. No statutory rights of the client are affected.

Payment

The following methods of payment are accepted by
The Mattress Warehouse: All major debit and credit cards, electronic transfers and Fever Tree Credit.
Payments for The Mattress Warehouse products need to be made in South African Rands, and by following our company policies. All fees need to be made in full before the goods are delivered. The Mattress Warehouse products will remain the property of this company until such time as the goods are paid. Should unpaid products be given to you, we reserve the right to claim the money owed to us via the use of collection agencies and through small claims courts if the amount outstanding is not more than R12 000. Should this event arise, you will be liable for covering the administrative costs such as the costs of going to court.

100 Day Comfort Trial

Take advantage of our 100 Day Comfort Trial, if you don’t love your new bed, we’ll gladly exchange it.

Buying a new bed is not something you do every day and given the long-term investment it is; we would like to make this process as easy as possible for you.

How does it work?

We know that even after you have taken much time in your selection, sometimes you require a different level of comfort. All we ask of you is that you give your new bed enough time to get used to it. Most people need a couple of weeks for their bodies to make the transition between the old and new mattress. By taking your time testing your new bed, you can be sure you’re making the right decision.

Conditions for the 100 Day Comfort Trial

  1. Mattresses must be tried for at least 30 nights before an exchange takes place.
  2. We ask that you invest in a waterproof mattress protector purchased through us, if you don’t we will NOT exchange your mattress.
  3. You can exchange your bed for another of equal or higher value.
  4. A difference in lower-priced models is non-refundable.
  5. If you make use of the 100 Day Trial, you are responsible for the delivery costs
  6. Products used in the 100 Day Comfort trial cannot be refunded, only replaced with an alternative product.
  7. Limit of one trial per person.
  8. Not valid on warranty exchanges, foundations/box springs, custom size or handmade mattresses
  9. A processing fee of R1000 applies to usage of the comfort trial
  10. Unused, sealed products qualify for a full refund under the refunds policy.

Cancellation Policy

When shopping with The Mattress Warehouse, we would like to ensure your comfort and your peace of mind, and so we have included a Cancellation Policy in our Terms and Conditions. Any unused, still packed item, packed in its original packaging, which was purchased from The Mattress Warehouse can be returned within 14 days of the purchase regardless of the reason for it being returned.

Refunds Policy (Unused Products)

Should you not be 100% satisfied with any product purchased at The Mattress Warehouse we will refund you in full. Refunds will only be considered under the following conditions and such requests will be handled in the following way:

1. The product to be returned must be returned in their original packaging and they must be unused.
2. The product must be in their original condition.
3. Any custom made products cannot be returned.
4. Products with a custom design, fabric or colour choice cannot be returned.
5. Transportation costs of returned products, when they need to be collected by The Mattress Warehouse, will be covered by the client and such costs will be covered by part of the refund.
6. Any transportation costs that are more than the amount the client originally paid for will also be deducted from the refund.
7. Products used in the 100 Day comfort trial do not qualify for a refund.

The refund will be issued within 30 days of the product being returned, and if the product being returned meets the above requirements.

Availability

The services stated on The Mattress Warehouse website are only available in South Africa unless it is otherwise stated. The advertising associated with The Mattress Warehouse is only intended to be used for the South African market. No part of this website, including content, may be reused in any way unless written permission has been given by The Mattress Warehouse. The Mattress Warehouse does not guarantee that the services offered by this site will be error-free, uninterrupted or timely, however, this company does undertake to provide consistent services through this website. When using the services offered by The Mattress Warehouse website you are indemnifying the company, its agents, its employees and its affiliates against any damage or loss associated with the website regardless of the manner in which it was caused.

Log Files

The Mattress Warehouse makes use of IP addresses to analyse trends, administer the site, track the movement of users and collect the information of the demographics using the website. The IP addresses are not linked to individuals so identities cannot be recognised. Our system keeps a log of the standard access information that a user makes use of including browser type and URL referral and this is used for the systems administrator to keep the website well maintained and to prevent errors from occurring in the future. This helps to make the overall use of the site more useful.
Links to The Mattress Warehouse website
You are not allowed to create links from this website without prior written permission from The Mattress Warehouse. Building links to this website are done at your own risk and the exclusions and limitations set out above will apply.

Links from this website

The content that is placed onto those websites connected to this one is neither checked nor reviewed by The Mattress Warehouse. Any of the materials or opinions which may be found on those websites linked are not endorsed or shared by The Mattress Warehouse. The Mattress Warehouse should not be thought of as the publisher of content and materials on those websites that are linked. The Mattress Warehouse would like to encourage those who visit the sites linked from this one to pay specific attention to the privacy statements that are placed on those websites. We also encourage those visiting sites linked from this website to check the trustworthiness and the security of the website before entering the site and especially before giving away any information about yourself to the site owners. We do not take any responsibility for any losses or damages experienced when visiting a website linked to The Mattress Warehouse website.

Copyright Notice

Copyrights and other intellectual property rights that exist and are related to this website are applicable to all text on this website.

Communication

Different email addresses have been created for different purposes, i.e. different services have different email addresses in order to get your queries to the right person. All of the methods that can be used to contact The Mattress Warehouse can be found on the contact page of The Mattress Warehouse website.

Force Majeure

In the event that a situation arises that is out of the hands of the parties involved, such as an act of God, war, political insurgence, rioting, terrorism, natural disasters, civil unrest or any other such event, which causes the agreement to be terminated neither party to the contract will be held liable for the termination of the deal. The causes of the termination will need to have been reasonably unforeseen in order for force majeure to be applicable. Either of the party who experiences an unforeseen situation under force majeure will need to inform the other party and must strive to continue forward with the Terms and Conditions as set out in the agreement.

Waiver

Failure on behalf of either party to ensure that the agreement is followed through and/or the failure of either party to correct this, he or they shall not enforce a waiver of the agreement and will not be able to create a limitation of any of the obligations listed in the Agreement. A waiver shall only be effective if both parties have stated so and signed to the agreement.

General

As a person using this website, buying products from The Mattress Warehouse or using any of The Mattress Warehouse services, you are agreeing to the Terms and Conditions that are set out in this document as well as conforming to the jurisdiction of the South Africa courts in legal matters, such as non-payment, that may arise between you and The Mattress Warehouse. Should any of the terms set in the Terms and Conditions document (including those set in the limitations and exclusions) then such Terms as these will be set aside while the rest of the Terms and Conditions will remain valid. Should the Smith’s Mattress Warehouse CC fail to enforce any of the terms set out in the Terms and Conditions will not be considered a waiver in the contract, and it shall not be considered as an act that will affect the Terms and Conditions or any Agreements and it will also not affect the ability to later reinforce the Terms and Conditions or Agreements. Only if it is in writing can the Terms and Conditions be changed, amended, supplemented or varied in any way, and the written agreement of the changes will need to be signed by the representatives of the company who have been authorised to do so.

Notification of Changes

The right to make changes to the Terms and Conditions when the need arises is reserved by The Mattress Warehouse and should you continue to use this website and our services you will agree to the revised Terms and Conditions. Any changes made to the privacy policy will be announced on The Mattress Warehouse homepage as well as on other pages. Email or postal communication will be sent to those who will be affected by any changes that are made to the use of the information that can identify the user and that is related to their personally identifiable information. Thirty days before the changes are enforced in the privacy policy, The Mattress Warehouse will inform those who will be affected by the changes. We also request and advise all of our existing clients to visit the Terms and Conditions page occasionally to make sure that you, our client, are well versed in any changes that might have been made.
By visiting this website, you agree to the Terms and Conditions that are set out by The Mattress Warehouse. The parties to these Terms and Agreements are the Client and ourselves. By using this website or by purchasing a product from The Mattress Warehouse you are indicating that you understand the agreement and the purchase, and you are accepting the Disclaimer Notice and everything that has been set out in the Terms and Conditions. The statutory consumer rights will be unaffected.

Delivery Costs

Within 100km radius (main cities): Free
Between 100-149km: R287-50
Between 150-249km: R575-00
Beyond 250km: R862-50

The Mattress Warehouse Competition Terms and Conditions 

1.The promoters are Smith’s Mattress Warehouse T/A The Mattress Warehouse.

2. The survey competition is open to all South African residents and/or citizens who are in possession of a valid South African identity document, passport or document of proof of South African residency. Any director, member, partner, employee, agent or consultant of the Promoters, the marketing service providers or any person who directly or indirectly controls or is controlled by these entities, including their spouses, life partners, business partners or immediate family members may not enter or participate in this promotional competition and will automatically be disqualified upon entry.

3. In order to qualify as an entrant for this promotional competition, the entrant:
3.1. must live in the Republic of South Africa;
3.2. must provide correct and full personal details, as required;
3.3. must be 18 years old or older;
3.4.cannot be a juristic entity and must be an individual;

4. This promotional/survey competition is open for the duration as mentioned on the competition details either on an email from The Mattress Warehouse, The Mattress Warehouse’s social media pages or The Mattress Warehouse’s official website. Any entries received after the closing date will not be considered.

5. To enter, participants are required to:
5.1. For survey competitions; Must complete all the survey questions as required. 
5.2. Answer all questions correctly and fully.
5.3. Ensure that their information is correct and accurate, if the chosen winner’s details are incorrect, the promoters reserve the right to select another winner. 

6. The prize consists of one bed or accessories for one winner for the entire competition. Refer to competition details for prizes for the particular competition. 

7. One winner will be selected in a random draw at the end of the competition. 

8. Winners will be contacted via email or telephonically within one week of the competition closure date (this date is subject to change without notice). The Mattress Warehouse reserves the right to disqualify a winner if he/she does not respond to the email or telephone call within one week of winner selection and randomly selects a replacement winner from the competition entries. In such circumstances, the replacement winner shall be contacted via email or telephonically by The Mattress Warehouse as soon as reasonably practicable and shall be required to respond to The Mattress Warehouse in the manner set out in such correspondence. In the event that the replacement winner fails to respond to The Mattress Warehouse as required, then the provisions of this clause shall apply to that new winner in the same way as if he/she were the original winner. If the selected winner does not have any contact details a redraw will need to take place immediately.


8.1. The Mattress Warehouse reserves the right to amend the terms and conditions as well as terminate the Competition at any time. In the event of such termination, all participants agree to waive any rights that they may have in terms of the Competition and acknowledge that they will have no recourse against The Mattress Warehouse, their advertising agencies, advisors, suppliers and nominated agents.

8.2. The potential prize winner is not an actual winner until his/her submission is validated and his/her documents are completed and submitted to the Promoters. If a potential prize winner does not meet the eligibility requirements, the prize will be forfeited and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.

8.3. If the Promoters are unable to reach any of the potential prize winners after 3 (three) attempts made within 3 (three) working days of their name being drawn, for whatsoever reason, including incorrect telephone numbers or inoperative telephone numbers, such winner will be disqualified and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.

8.4. Validated winners will have their prizes delivered by a representative of the Promoters. Should delivery of the prizes be unsuccessful after 1 attempt the prizes will be stored at the closest The Mattress Warehouse and may be collected by the validated winner. Winners must allow for 4 weeks from the time of being notified they are a winner to receipt of the prize.

8.5. It is the responsibility of the winners to provide delivery details and availability times that are accurate. Failure to do this will result in the winner having to collect the prize from the premises of The Mattress Warehouse if delivery fails for any reason whatsoever.

9. Any personal data submitted by you will be used solely in accordance with current South African data protection legislation and the Promoters’ respective privacy policies.

10. The Promoters shall not be responsible for any lost, damaged, delayed, incorrect or incomplete entries for any reason whatsoever. Proof of sending of an entry will not be accepted as proof of receipt of such entry.

11. The Promoters shall not be responsible for any lost, damaged, delayed, incorrect or incomplete entries for any reason whatsoever. Proof of sending of an entry will not be accepted as proof of receipt of such entry.

12. The Promoters shall not be responsible for the failure of any technical element relating to this promotion that may result in an entry not being successfully submitted.

13. The prizes are not transferable and cannot be exchanged for cash.

14. The Promoters reserve the right to use the images taken of the winners in this competition for publicity purposes in any manner they deem fit, without remuneration being made payable to the winner. However, a winner has the right to object to these images being used by written notification to the Promoter at [email protected] 

15. The Promoters shall have the right to change or terminate the promotional competition immediately and without notice, if deemed necessary in its opinion and if circumstances arise outside of their control. In the event of such change or termination, all participants agree to waive any rights that they have in respect of this promotional competition and acknowledge that they will have no recourse against the Promoters or their agents.

16. Neither the Promoters, their respective agents, their respective associated companies, nor any of their respective directors, officers nor employees, shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which may be suffered by any participant.

17. Participation in the promotional competition constitutes acceptance of the promotional competition rules and participants agree to abide by the rules.

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