Terms of service

OVERVIEW
This website is operated by Luxury Orthopaedic Beds Limited. Throughout the site, the terms “we”, “us” and “our” refer to Luxury Orthopaedic Beds Limited. Luxury Orthopaedic Beds Limited offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy. 

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Luxury Orthopaedic Beds Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Luxury Orthopaedic Beds Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@luxurybeds.co.nz.

Our contact information is posted below: 

Luxury Orthopaedic Beds Limited

  • 8A Hounsell Road, Hamilton
  • Info@luxurybeds.co.nz
  • (+64) 7 788 7003
  • GST: 125-794-084
  • NZBN:  9429046699657

Warehouse Opening Hours

  • Monday-Friday: 9am - 4.30pm
  • Saturday: 10am - 2pm

 

SECTION 21 - 60 DAY COMFORT GAURANTEE

What is the Luxury Orthopaedic Beds 60 Night Comfort Guarantee?

Worried about what will happen if you aren't 100% in love with your new bed?

That's alright, Luxury beds will help you exchange your mattress with a new mattress more suited to you. All we ask is that you give your new mattress atleast 28 nights to make sure your body has become accustomed to the comfort level.


Why 28 days?

The reality is that it take most of us several nights for our bodies to adjust to a new sleeping surface and it is not uncommon for minor aches and pains to develop as a result, but they typically disspate quite quickly.

If your new mattress feels too firm, try sleeping in different areas until you break in the sleep surface or adding a topper for first few weeks until you become accustomed to the new mattress. If your new mattress feels too soft around the middle part or lower back areas, try using a lower/thinner pillow.

As it is typical to allow 3-4 weeks to break in your new mattress and for your body to adjust to a new sleep surface. All we ask is that you sleep on your new mattress for 28 days for the mattress to adjust to you and for you to adjust to the mattress. After 28 days if you are not completely satisfied with the comfort levels of your new mattress, contact us to arrange exchanging your mattress under our 60 Night Comfort Guarantee.


60 Night Comfort Guarantee Terms & Conditions:

  • For 60 Nights Comfort Guarantee to apply, a waterproof mattress protector of the same size must be purchased from Luxury Orthopaedic Beds Ltd with the new mattress on the same invoice.
Please note: Mattress protectors are posted to you (unless collected in store) once payment has been received. Any delays due to payments or NZ Post (regarding courier of the mattress protector) is not the responsibility of Luxury Orthopaedic Beds Ltd, if you have not received your mattress protector by the day prior to your delivery please contact us.
  • 60 night sleep trial applies to purchases made from 24/01/2024, does not apply to any purchases made prior to this date.
  • 60 night sleep trial applies to a mattress exchange only, we do not offer refunds on purchases.
  • Your 60 night sleep trial begins from the day of delivery or day of collection (for all orders made after 24/01/2024) and the purchased mattress protector is required to be used on the mattress for the full duration of the Comfort Guarantee period.
  • Minimum of 28 nights sleep on your new mattress is required to allow for your body to become accustomed to the chosen comfort level of your new mattress. Between the 28th & 60th night, if you are unhappy with the chosen comfort level you can exchange your mattress for a different comfort level.
  • The mattress must be returned in its original condition, in the original protective plastic base/cardboard corners (we recommend keeping these somewhere safe when you unpack your mattress in case you need these,if you no longer have this one can be couriered to you at your costs) and be free of damage of any kind. Damage can include, but is not limited to; marks or stains, soiling, exposure to bodily fluids, contamination with any kind of odour such as smoke, animal smells or from fragrances and cleaning agents.
  • A fee of $249 (per mattress) applies to all mattress exchanges on the 60 Night Comfort Guarantee.
  • If the new chosen mattress costs more than the original mattress, you will be responsible for paying the difference. The price of the exchanged mattress will be at the price on the day of exchange, if the original mattress was at a discounted rate the difference will be required to be paid for the new mattress. No refunds will be given for lesser valued items (Including if changing from a Soft or Extra Firm mattress to a Medium or Firm mattress).
  • Limit of only one mattress exchange during the 60 night period applies.
  • New replacement mattress does not come with a 60 Night Comfort Guarantee, and no exchanges or refunds will be provided if the new mattress is not suitable.
  • Comfort Guarantee applies to the mattress only (headboards, bases and mattress protectors are excluded from comfort guarantee), and does not include change in mattress size.
  • Original mattress must be used on a structurally sound foundation as outlined in mattress warranty, any use which voids the terms of the manufacturer’s warranty will void the comfort guarantee.
  • Customised or ‘made to order’ products are excluded from Comfort Guarantee, including single and long single mattresses, zipped mattresses & custom size mattresses.
  • Original mattress will need to be returned to Luxury Orthopaedic Beds Limited (8a Hounsell Road, Hamilton - during open weekday hours of Monday to Friday 9am - 4.30pm, excluding public holidays) for inspection. Inspections for mattress exchanges are not available on weekends or public holidays.
  • Preference is for all mattresses to be returned in person by the original purchaser or a representative on their behalf. Customers may arrange return of mattress via third-party freight carrier (at their costs), however transport liability lies with the customer and goods will be inspected prior to acceptance of delivery. Luxury Orthopaedic Beds reserves the right to reject goods from the freight provider if goods show signs of damage and will instruct freight carriers to return goods to original sender at their costs.
  • In the event that the customer wishes to collect the new chosen mattress the same day as returning the old mattress, 7 working days notice is required to arrange shipment of the new chosen mattress from the factory ready for collection.
  • In the event of the original mattress being returned to Luxury Orthopaedic Beds Limited via a third party freight carrier. Delivery of the chosen exchange mattress will occur after inspection of the original mattress has taken place and all fees have been paid, including delivery fee of the new mattress. Alternatively the customer may choose to arrange their own delivery of the mattress once the exchange fee has been paid.
  • The decision as to whether the returned mattress is of acceptable condition for exchange under the Comfort Guarantee is at the sole discretion of Luxury Orthopaedic Beds Limited.
  • The Comfort Guarantee is in addition to the manufacturer’s warranty and your rights under the Consumers Guarantees Act, the comfort guarantee will not alter, void or waiver it in any way.

If you have any questions please reach out to us at info@luxurybeds.co.nz