Couchmate (“www.couchmate.com.au”) owns and operates this Website.
ABN 50 159 475 242. This document governs your relationship with www.couchmate.com.au (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Shipping and Returns
Couchmate utilize the services of Australia Post and Star Track to deliver Couchmates across Australia and Australia Post Internationally.
All deliveries include a registered post number.
(b1) Custom Orders:
Each Custom Couchmate and Ottomate are custom made for each order depending on that customer’s couch arm width or Ottoman length, and cannot be exchanged or refunded once ordered.
It is the customer’s responsibility to provide the correct accurate measurements of their couch or sofa arm or ottoman/chaise length in the mandatory fields on the order page. (NB – up to 50mm extra is recommended when measuring to avoid any inconsistencies)
It is the customer’s responsibility to ensure the correct stain or wood variation is ordered. There is no change of mind policy once orders are made as they are sent directly to the warehouse to commence production.
(b2) Multi-Fit, Relax-a-Mate, Lapmate Orders:
If an incorrect item has been chosen, then we will refund your purchase price, minus any shipping costs, provided the following conditions are met:
1. The incorrect item must be returned in a re-saleable and un-used condition. Upon receipt of the returned item at Couchmate HQ, it will be inspected for any damages. If any damages are present, a refund is void.
2. Return postage is to be paid by the buyer – back to Couchmate, and if the product/s are in a re-saleable condition, a refund will be initiated for the initial purchase price (minus any postage costs) via the same method of payment.
3. Couchmate must be notified via email (or contact form on this website) within 24 hours of receipt of goods to be eligible for the above.
4. A returned product must be sent via registered post.
(b3) Faulty or Damaged products:
Couchmate may replace a product if faulty or if the wrong product has been received to what was ordered. To be eligible for a replacement, the buyer must provide photographic evidence of the issue within 24 hours of receipt of goods to Couchmate via email.
Couchmate will then assess the concern and provide a resolution if deemed necessary.
Couchmate have a stringent quality control measure in place to ensure that all products sold meet the highest quality standards. This includes individual checking of measurements, felt, quality of wood, and finish before being sent.
Couchmate may request return of the faulty or wrong product which will be at the cost of Couchmate, and refunded once the item is returned.
(C ) Deliveries:
Couchmate will ship to the address provided with the order.
All items shipped include a registered tracking number, and can be track and traced on the Australia Post website.
If the delivery address is provided incorrect, or if you aren’t at the delivery address and receive a calling card, and fail to collect from the Post Office and it is returned back to us, then you must pay for postage costs to have the item re-delivered*
*If your item is a Multi-Fit Couchmate, Relax-a-Mate or Lapmate, then you have the option for us to refund your purchase price (minus the cost of shipping fees)
If the delivery error is a fault of Couchmate (such as an incorrectly addressed parcel), we will re-deliver your item free of charge and no extra postage fees will be required.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.couchmate.com.au will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.couchmate.com.au or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved bywww.couchmate.com.au and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.couchmate.com.au you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.couchmate.com.au retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.couchmate.com.au or may in some cases be a third party. Where a contract is made with a third party www.couchmate.com.au is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.couchmate.com.au and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.couchmate.com.au‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Images and Timbers
Couchmate.com.au has made every effort to reproduce images as accurately and realistically as possible however, timbers and colours shown are liable to vary due the nature of timbers, natural lighting and differing wood grains of all materials used. Images may also vary when viewing in different browser and on different systems. Images are to be used as a guide only and may show decorative items not included in the purchase of your product.
The images of products (including all features and specifications) and services on this website are for illustrative purposes only.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.couchmate.com.au and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected towww.couchmate.com.au.
You agree to indemnify, defend and hold harmless www.couchmate.com.au, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
www.couchmate.com.au shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We welcome product suggestions to be sent through to us so we can be as innovative as possible and provide you with the best possible product.
We also operate a complaints handling procedure with the aim to resolve disputes when they first arise. Please let us know if you have any compliments, complaints or feedback.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.couchmate.com.au. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.couchmate.com.au.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when users visit our site, register on the site, place an order, fill out a form, respond to a survey and in connection with other activities, services, features or resources we make available on our Site.
Users may be asked for (as appropriate to the transaction); name, email address, mailing address.
We never see, collect or store your payment information and all payment methods on our website are encrypted.
Web browser cookies
How we use collected information
Couchmate collects and uses Users personal information for the following purposes:
(1) To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.
(2) To personalize user experience. We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
(3) To improve our Site. We continually strive to improve our website and products based on the information and feedback we receive from you.
(4) To process transactions. We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
(5) To administer a content, promotion, survey or other Site feature.
(6) To send Users information they agreed to receive about topics we think will be of interest to them.
(7) To send periodic emails. The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include product news, updates, offers, service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website\’s own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
P.O. Box 3071, Rosny Park, Tasmania, Australia, 7018