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.
Protecting your privacy is a pledge that The Mattress Warehouse is committed to. Only those employees who are authorised to handle your private information are allowed to do so in accordance with 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 unauthorised actions used on computers and data systems. The Mattress Warehouse will undertake to investigate any of these actions in order to bring offenders to justice and in order to recover any lost information.
The Mattress Warehouse views all information provided by the client as confidential and will not share information to any third parties with the exception of 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/or necessary The Mattress Warehouse will give clients copies of documentation, information and contacts for the clients own 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.
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 website or as it relates 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.
The following methods of payment are accepted by The Mattress Warehouse: cash, all major debit and credit cards, PayPal transactions and electronic transfers. Payments for The Mattress Warehouse products need to be made in South African Rands and in accordance with our company policies all payments need to be made in full before the goods being purchased are delivered. The Mattress Warehouse products will remain the property of this company until such time as the goods are paid for. Should unpaid products be delivered 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 Trail, 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 a lot of time in your selection, sometimes you just 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 bed. By taking your time testing your new bed, you can be sure you’re making the right decision.
Conditions for the 100 Day Comfort Trail
- We ask that you invest in a waterproof mattress protector purchased through us.
- You can exchange your bed for another of equal or higher value.
- A difference in lower priced models is non-refundable.
- If you make use of the 100 Day Trail, you are responsible for the delivery costs
- Products used in the 100 Day Comfort trail cannot be refunded, only replaced with an alternative product.
- Unused, sealed products qualify for a full refund under the refunds 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 trail 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.
AvailabilityThe services stated on the 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 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.
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 is able to keep 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 administration to keep the website well maintained and to prevent errors from occurring in the future. This helps to make the overall use of the website more effective.
Links to the The Mattress Warehouse website
You are not allowed to create links to this website without prior written permission from The Mattress Warehouse. Creating links to this website is 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 are 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 express 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 The Mattress Warehouse website.
Copyrights and other intellectual property rights that exist and are related to this website are applicable to all text on this website.
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 The Mattress Warehouse website.
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 agreements termination. 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.
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.
As a person using this website, buying products from The Mattress Warehouse or using any of the The Mattress Warehouse services, you are agreeing to the Terms and Conditions that are set out in this document as well as agreeing 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
By visiting this website you are agreeing 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 and/or by purchasing a product from The Mattress Warehouse you are indicting 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.
Within 100km radius: Free
Between 100-150km: R250
Beyond 150km: R500