Terms & Conditions

Bevmarks are committed to ensuring our valued customers enjoy the best experience possible when visiting in stores or online. Please look over the following information regarding our terms and conditions.

The Bevmarks website at www.bevmarks.com.au/ is a website where you (the customer) can access information, browse, select and order products from Bevmarks.

The Site is owned and operated by Bevmarks and managed by the companies online service provider.

By entering, accessing or using our website in any way, you agree to comply with these Terms of Use and our Privacy Statement, and any other laws or regulations which apply to this website. By using this website, you acknowledge that you have read and understood all of the Website Conditions and agree to be bound by them. However, if you do not or cannot accept our Website Conditions in full and without modification, you must stop using our website immediately.

We may revise and update our Website Conditions at any time and your continued usage of this website means you accept those changes. The information contained on this website is intended to apply in Australia only. While Bevmarks aims to ensure that the information in this website is correct, sometimes errors do occur. Please refer back to these Website Terms of Use from time to time so that you are aware of our current terms.

When you purchase Products using the Site, you are entering into an agreement with Bevmarks and the individual store will be your point of contact in relation to the order, and will be responsible for fulfilling your order.

Your access to and use of the website, including your order of products through the site, is governed by these terms and conditions.

SALES PROMOTIONS

Offers available only during promotional periods as outlined in campaign advertising. Available on selected mattresses and bedding furniture and excluding any other offer. 50% off promotions exclude financial services offers.

VICTORIAN SALES AND DELIVERY

We only sell Products within Victoria and can only ship to a location where we can provide a delivery service. We do not normally make deliveries outside of Victoria but this may be available through our approved delivery company.

COMPLIANCE

By using the Site you agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site. You agree not to use any data listed on the site for commercial purposes e.g. through price comparison or information plagiarism.

AUTHORISATION TO PLACE ORDERS

You must be eighteen (18) years of age or older to place orders on the Site. If you are under 18, you may use the Site only with involvement/approval of a parent or guardian.

Should Bevmarks suffer any damage or other losses as a result of a transaction entered into by a minor, Bevmarks reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Bevmarks.

PAYMENTS

Purchases must be paid in full before or on delivery of goods and online purchases are to be paid in full at the time of ordering. Personal or business cheques will only be accepted as final payment 24 days prior to delivery.

A CUSTOMERS ACCOUNT

In order to purchase Products using the Site for the first time, you must either create a new user account (“Account”) or make your purchases as a guest (“Guest”). In order to purchase Products using the Site you will be require to input certain information such as your name, delivery address, billing address, phone number and email address.

Bevmarks may verify the information that you provide before accepting the creation of a new Account, or accepting a purchase by a Guest. By using the Site, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.

PLACING AN ORDER ON THE SITE

Products can be purchased by selecting and submitting your order through the Site in accordance with these terms and conditions.

Any order placed through the Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order from Bevmarks.

At times we may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.

You agree to provide us with current, complete and accurate details when asked to do so on the Site or by the Bevmarks Store responsible for the fulfilment of your order.

ACCEPTANCE OF AN ORDER

No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Bevmarks will make every effort to supply the Product/s to you. We will notify you that your order has been received by sending you an order confirmation (“Order Confirmation”) at the time that your order is placed; however, your order will not be processed until full payment has been cleared and received by Bevmarks. Bevmarks will not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.

Bevmarks reserve the right to refuse service, terminate accounts, remove or edit content, reject or cancel orders in our sole discretion.

We will confirm acceptance of your order when the Bevmarks Store responsible for the fulfilment of your order contacts you by telephone confirming acceptance of your order, and the final delivery fee.

The relevant Bevmarks Store will use its best endeavours to contact you within 2 business days of your order being placed to confirm acceptance of your order.

If we are unable process or accept your order after payment is received we will contact you by email or telephone and arrange to refund your payment. Bevmarks will contact you using the email address or telephone number provided by you when you created your Account or made your purchase as a Guest, and we will not be responsible for these details being incorrect. Please add the Bevmarks email address in your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.

PAYMENT METHODS AND PROCESSING

Bevmarks currently accepts Visa, PayPal, MasterCard and American Express only.

Payment processing will not begin until we receive all the information we need to process the order. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Public Holidays.

We process credit card and PayPal payments after you click the "Submit My Order" button.

If we are unable to successfully process your credit card or PayPal payment for your order, then we may cancel your order.

If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.

You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

For credit card and PayPal payments your tax invoice which will be provided to you in hard copy at the time that your order is delivered or collected by you (“Tax Invoice”) is your proof of purchase.

Please note that we are unable to accept credit cards issued by banks outside of Australia, and you may be required to provide further identification for additional security reference checks.

PRICES

The prices and availability of Products displayed on the Site will be based on the prices and availability of such Products at the Bevmarks Store that you have selected.

Prices are subject to change by Bevmarks, and do not include display accessories or other options (except as specifically stated on the Site).

Bevmarks reserves the right to change prices for Products displayed on the site at any time.

The indicative delivery fee is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart. There may be additional delivery fees payable based on the location and logistics for delivery. The final delivery fee will be confirmed by the Bevmarks upon acceptance of the order.

CANCELLATIONS

Bevmarks cannot cancel or refund an order if you change your mind. If in the event you do cancel your order, a cancellation fee of 20% of the value of the goods will apply.

REFUNDS, REPAIRS AND REPLACEMENTS

We are not required to provide a refund or replacement if you change your mind. But you can choose a refund or exchange if an item has a major problem.

This is when the item:

has a problem that would have stopped someone from buying the item if they had known about it
is unsafe
is significantly different from the sample or description
doesn’t do what we said it would, or what you asked for and can’t be easily fixed.

If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.

Please keep your proof of purchase— e.g. your receipt.

Under the Australian Consumer Law, you have the right to return a product and get a refund or exchange if the product does not meet certain consumer guarantees - for example, if the product is faulty.

You do not have a right to return a product if you:

changed your mind and no longer want the product
ordered the wrong product
found the product cheaper elsewhere
found a better product elsewhere
were aware of the relevant fault before buying the product (such as if the fault was written on the product's tag, or for online purchases, indicated in any photos or descriptions of the item online)
damaged the product by misusing it – (such as if you dropped your mobile phone in water)
used the product for a long time and the problem is as a result of usual wear and tear.

CONDITIONS OF SALE

Furniture is sold for domestic use only. Risk of these goods will pass on possession. Title will pass on only on receipt and clearance of full payment

DELIVERY

Bevmarks will make every effort to deliver your order within the estimated delivery times provided, estimated delivery times may change due to changes in supply, warehousing locations, public holidays or circumstances beyond our control. When we receive your order we will contact you and provide an estimated delivery date. Bevmarks can only keep goods for delivery for a maximum of 7 days. If you are unable to accept delivery within 7 days a storage fee of $50 per day may apply. Please refer to our Delivery Information Sheet for more information regarding delivery.

PICKING UP GOODS

If you choose to collect goods, you must arrange this with the store at the time of purchase. Where goods are being collected from a store, we require at least 2 hours notice to allow adequate time to prepare your order. Pickups from the warehouse can be booked for Mondays, Fridays and Saturdays between 10am and 3pm. The warehouse requires at least 2 hours notice prior to pickup. Bevmarks cannot be held responsible for any damage that may occur after your goods have left the the premises. If you organise a third party to collect your goods, please remember they are accepting full responsibility on your behalf. Full payment is required prior or on collection of goods.

STATATORY CONDITIONS AND WARRANTEES

Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.

Bevmarks guarantees to the original purchaser to repair or replace any product with a manufacturing or material defect, for a period of 12 months from the date of purchase. Additional warranties may be offered by the products manufacturers. Please refer to any additional Warranty Card delivered with the goods. This warranty is provided that the defect is not the result of normal wear and tear or a natural characteristic of the material used.

The warranty does not cover products used for commercial purposes and is not transferable. Your furniture must be cared for in accordance with the care instructions provided. This warranty is in addition to the rights granted by relevant State and Federal laws, and in particular the Trades Practices Act 1974 and corresponding State Fair Trading legislation. Please ensure you keep all receipts in order to validate your warranty.

LIABILITY

Subject to this liability section, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of these terms and conditions. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):

(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and

(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.

Any implied warranty or guarantee is the responsibility of the relevant Product supplier, and not Bevmarks.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.

CHANGES TO THE TERMS AND CONDITIONS

These terms and conditions may be different from order to order, we recommend that you read these terms carefully each time you agree to them during the ordering process.

We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.

PRIVACY

The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy. We may store, use and disclose any personal information collected by us in connection with the Site consistently with our Privacy Policy

SECURITY

Bevmarks has implemented technical security measures to protect the content of electronic orders and other information sent through the Site. However, we cannot guarantee the security of the content of any order or any other information.

When making purchases using the Site your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the industry standard for online purchasing. If you have any questions regarding our security policy, please contact us at enquiries@bevmarks.com.au

This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

Bevmarks attempts to be as accurate as possible in its featured product descriptions, however, Bevmarks does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Bevmarks will attempt to rectify any errors as swiftly as possible.

Bevmarks reserves the right to change specifications, colours and materials shown on the Site without prior notice. Variations in natural timber finishes, including colours and grain changes may occur and must be considered natural features of real timber.

Bevmarks team members spend and extensive period of time being trained in all our Products’ features and benefits, however reliance on the information contained or to be implied or inferred from the Site should be confirmed with the Product supplier. Bevmarks does not guarantee or warrant the accuracy of the specifications and/or descriptions provided. Due to the character of natural products all dimensions and colours displayed are approximate.

The information on the Site is provided on the basis that all everyone accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.

COPYRIGHT AND TRADE MARKS

Unless otherwise indicated, intellectual property in all information, data, images, logos and trade marks contained on the Site is owned by or licensed to us and all rights are reserved.

Except as required for the purpose of using the Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of the Site or its content, without our prior written consent.

You must not use any trade marks, service marks or logos which appear or are used on the Site without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trade marks, service marks or logos.

You must not create a link to any part of the Site (other than solely for your internal business purposes) without our prior written consent.

WIN A BED-IN-A-BOX MATTRESS COMPETITION

[Bevmarks Bed In A Box Giveaway]

November 28th - December 7th.

Terms & Conditions

1. Information on how to enter and the prize(s) forms part of the Terms and Conditions. Entry into the competition is deemed acceptance of these Terms and Conditions.

2. Entry is only open to metro-Melbourne residents who are 18 years and over. However, employees and their immediate families of the Promoter and their associated agencies and companies are not eligible to enter.

3. The first burst of the competition commences on [November 28th] at [1pm] and concludes on [December 7th] at [1pm] (“Promotional Period”). The competition will be advertised on the Promoter’s social media accounts (Instagram).

4. To enter the competition, entrants must do the following during the Promotional Period:

INSTAGRAM

MECHANICS

a. Comment WHY you need this

b. Re-share to stories

c. Make sure you are following the @bevmarks_australia Instagram page.

5. Incomplete entries will be deemed invalid.

6. Any entry that is made on behalf of an entrant by a third party will be invalid.

7. Anyone found to use multiple accounts to enter will be considered ineligible.

8. The Promoter reserves the right to request the winner to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

9. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of the Promoter, engaged in conduct in entering the competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the competition and/or the Promoter. The Promoter reserves the right to disqualify a winner if the Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

10. The winners will be notified by Direct Message on Instagram with instructions on how to claim the prize.

11. There will be a total of [ONE (1) winner] per platform. The winner will win:

a. 1 x Bed In A Box (sizing of their choice)

b. Free delivery within metro-Melbourne

12. Any ancillary costs associated with redeeming the prize are not included. Any unused balance of the gift card(s) will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the gift card(s).

13. Prize, or any unused portion of the prize, cannot be transferred and cannot be redeemed for cash.

14. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State Regulation.

15. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with the Promoter or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.

16. In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.

17. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

18. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.

19. Prizes will be awarded to the person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. social media account holder).

20. Should an entrant’s contact details change during the Promotional Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

21. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result.

22. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

23. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

24. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.

25. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.

26. All entries become the property of the Promoter. The Promoter collects personal information (“PI”) about you to enable you to participate in this competition.

27. All entries become the property of the Promoter. All opt-in entries will be entered into a database and the Promoter may use the entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to the Promoter.

28. [Bevmarks Sleep Professionals. 93 Colemans Road, Dandenong South, VIC, 3175]