Terms and Conditions

Terms and Conditions The Mattress Warehouse

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

Protecting your privacy is a pledge that The Mattress Warehouse is committed to upholding. Only those employees who are authorised to handle your private information are allowed to do so by following our privacy statement. To keep our services at a high standard, The Mattress Warehouse ensures that the data storage and collection systems are kept up to date and up to a high standard. Offences recognised in the eyes of the law have been created with regards to illegal actions used on computers and data systems. The Mattress Warehouse will undertake to investigate any of these actions to bring offenders to justice and to recover any lost information.
Confidentiality

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.

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: cash, 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.

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. Should you not purchase a waterproof mattress protector through us, you may 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

n 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: Free

Between 100-150km: R250

Beyond 150km: R500

Competition T’s & C’s

THE MATTRESS WAREHOUSE

Competition Terms and Conditions

The promoter of this competition is Smith’s Mattress Warehouse trading as The Mattress Warehouse. (“the Promoter”).

ELIGIBILITY

The competition is open to South African residents only.

The competition is not open to employees of The Mattress Warehouse and their immediate families, the prize sponsors, or their respective advertising agencies and PR companies.

ACCEPTANCE

By entering the competition all participants and winners agree to be bound by these rules, which will be interpreted by the Promoter, in its sole discretion and its decision regarding any dispute will be conclusive, final and binding and will not be challenged on any grounds, including without limitation, the grounds that the Promoter failed to act reasonably, fairly, in good faith or otherwise in accordance with the principles of procedural fairness.

The Mattress Warehouse reserves the right to amend the validity dates of this competition at any time.

To enter the competition, all entrants must comply with the competition by submitting the details as requested. Entries will be considered incomplete and thus disqualified if the entrant does not provide all requested information.

Multiple entries are valid.

PARTICIPATION

By entering this competition, you agree to be bound by the rules specified in these terms and conditions.

By entering this competition, you agree to be contacted via the relevant business Facebook Page and by means of e-mail or telephone.

Winners will be drawn by The Mattress Warehouse from all valid entries. Cash payment of the winnings is not possible; any recourse to courts of law is excluded.

The competition winner will have 5 working days to claim acceptance of his/her prize and the receipt thereof will be subject to age verification and citizenship. Upon failure to do so, The Mattress Warehouse reserves the right to draw a new winner in accordance with the terms stipulated herein.

The winners of this competition shall be chosen in accordance with the requirements and procedures of the Consumer Protection Act of 2008.  The prize(s) will go to the first name(s) selected at random after the closing date.

The winners will be notified telephonically or via e-mail on or before within three weeks of the closing date on the mobile number or e-mail address that they entered this competition with. Delivery will be arranged by The Mattress Warehouse upon receiving valid verification. Delivery can take up to 4 – 6 weeks depending on the availability of the prizes from the prize sponsor and the geographical location in South Africa of the prize winner.

The Promoter reserves the right to substitute a prize with any other prize of equal value to the prize/s offered herein, at its sole discretion.

The decision of the Promoter is final and the Promoter shall not enter into any correspondence about the result. Prices can not be exchange for cash or any other items.

Entries are only valid for customers who purchased an item during the promotional period, and the qualifying order is paid in full.
Entries that do not comply with these terms and conditions will be disqualified.
Should a customer cancel their order, or request a refund they will automatically be disqualified from the competition.

Any breach of the terms and conditions may, at the Promoter’s absolute discretion, result in forfeiture of any prize.

The Promoter shall not be liable for any disruption to the competition, whether due to technical problems or otherwise, which is beyond its reasonable control. In the event of any disruption to the competition, the Promoter shall use its reasonable endeavors to remedy any disruption and resume the competition on a fair and equitable basis to the entrants.

The Promoter reserves the right to disqualify and entrant/s if they do not respond to a telephone call and e-mail to them within 24 hours of notification thereof and in such even a randomly selected replacement entrant from the competition entries will be chosen.

In such circumstances, the replacement entrant shall be contacted by the Promoter by telephone and e-mailed as soon as reasonably practicable and shall be required to respond to the Promoter in the manner set out in such e-mail.

In the event that the replacement entrant fails to respond to the Promoter as required then the provisions of this clause shall apply to that new winner in the same way as if they were an original winner.

Unclaimed prizes will not be resent. The Mattress Warehouse reserves the right to redistribute all unclaimed prizes.

PERSONAL DATA

You (the entrant) will be asked to provide your (full name, phone number, e-mail address and other related information; amongst others).

The Promoter and its affiliates collect and will use your personal data listed hereby in order to enable your participation in this competition and related online activities.

Completion of a contact form and a purchase is required for registration. All of the data entered into the form by you is collected, processed and used by The Mattress Warehouse solely for the purpose of (potentially) winning in a sweepstake as well as our own legitimate commercial interests. The storage and use of your personal data always occur in accordance with the applicable data protection regulations.

Your personal data will be available exclusively for the Promoter’s, its affiliates and subsidiaries’ marketing purposes and, by participating in the competition, you expressly consent to the transfer, storage, and processing of the data in South Africa.

The Promoter keeps the data to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

The Promoter will not use your (the entrants) information for a different purpose without first asking permission to do so. The Promoter may, however, share the entrant’s personal information with any of its subsidiaries worldwide, or with authorized third parties.

The Promoter does not allow thirdparties to use your (the entrants) personal information for a different purpose.

OWNERSHIP AND PUBLICITY

The Promoter does not claim ownership of your submission to the competition; but by submitting an entry, you are granting the Promoter as well as its affiliated companies the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid-up rights: to publish your name or alias in connection with this competition and your contributions.

The Mattress Warehouse reserves the right to publish the name(s) and/or photograph(s) of the winner(s).

Therefore, entrants understand and agree that their submission may be posted and publicly viewable.

By providing a submission, you grant the Promoter and its affiliated companies the right, except where prohibited by law, to use your name for competition purposes in promoting or publicizing the competition, including the right to name the winner(s) of the prize(s) in public.

The Promoter, however, does not have any obligation to use the winning entries for any purpose.

The winner/s hereby agrees to allow the Promoter’s, to require the winner/s (at no fee) to be identified and a photograph/s taken and published in printed media, or to appear on radio and television, and various online channels when accepting their prize(s).

Details of the winner/s may also be announced on the Promoter’s website and any other media properties that it chooses. The Promoter, acting reasonably, retains the right to delay the timing of the publication of the winners of the competition.

By entering this, the Promoter reserves the right to communicate with you at any given time during and after the campaign and you may opt-out or de-register at any time.

INDEMNITY

All entrants and winners indemnify the Promoter, its advertising agencies, advisors, suppliers, and nominated agents against any and all claims, damages or loss howsoever arising, including but not limited to wilful misconduct or negligent act or omission arising from their participation in this competition.

RELEASE OF LIABILITY

The Promoter reserves the right to terminate the competition at any time.

The Promoter cannot accept any responsibility for entries not received because they have been lost, or not received due to interrupted internet connections or miscommunications, or other electronic malfunctions.

Any entries found to be duplicate or fraudulent will result in the entrant being excluded from the competition.

By participating, all entrants release the Promoter, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this competition from any and all liability with respect to and in any way arising from participation in this competition, acceptance or use of prizes.

Entrants also agree that the Promoter, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this competition are not responsible or liable for any injury or damage to an entrant’s or third person’s computer related to or resulting from the competition, the submission and/or its prizes.

Therefore, if you enter into this competition, you agree not to hold the Promoter or any associated parties of the Promoter liable for any loss or injury you may suffer as a result of entering into this competition.

The Promoter is not liable for damage to a user’s computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant’s participation in the competition or downloading of information in connection with the competition.

The Promoter reserves the right to modify or cancel the competition in the event that any portion of any website used to administer any aspect of the competition becomes technically corrupted.

The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries.

The Promoter is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter on account of technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to the entrant’s or any other person’s computer relating to or resulting from participation in this competition or downloading any materials in this competition.

Entrants agree that the Promoter and its subsidiaries (The Promoter included), as well as the Promoter’s Corporation’s or its subsidiaries’ advertising and competition agencies, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever, and will be held harmless by winner(s) for any injuries, losses or costs or damage of any kind resulting in whole or in part, directly or indirectly from acceptance, possession, misuse or use of  prize or parts thereof, or from participation in this competition.

The Promoter’s entire liability and your sole and exclusive remedy will be limited to a distribution of the equivalent number of prizes as set forth above. By participating in the competition, you waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) month after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

FACEBOOK

This competition is in no way organized, endorsed or administered by, or associated with Facebook. You (the entrant) understand that you are providing your information to the Promoter and not to Facebook. The information you provide will be used for e-mails/SMS communications for future competitions.

Any questions, comments or complaints regarding the competition can be directed to the Promoter and not to Facebook.

Instructions form part of the terms and conditions.

The Promoter reserves the right to change any of these terms and conditions at any time, without any notice being given to those participating.

PRIVACY POLICY

The Mattress Warehouse (“the Promoter”) treats all information collected as confidential. The Promoter privacy policy outlines how the Promoter collects this information and uses it throughout your interactions with the Promoter.

Information is collected by specifically requesting it from you, this occurs when you enter the competition.

The use of information is collected on the site.

The Promoter wants to help you maintain your privacy on the Internet.

The Promoter will treat your information in total confidence and will only share your information with our affiliates, investors, alliance partners, and agents and will not sell, share or rent this information to any other third-parties.

The information which the Promoter collects form you may be used for a variety of reasons, such as establishing the general demographics, statistics or market information or to compile a broad profile of visitors who engage with the Promoter.

COMPETITION E-MAILS

You may automatically be added to the Promoter’s mailing list and the Promoter could notify you of new services or specials that may be of interest to you.

From time to time the Promoter may e-mail you information about the Promoter’s or our partners if you do not wish to receive this e-mail you can opt-out as provided for in the e-mail.

RIGHT TO AMEND THIS POLICY

The Mattress Warehouse reserves the right to change the terms and conditions at any given time.