Felix Mattress Terms and Conditions
1. INTRODUCTION
Welcome to www.felixmattress.com.au (referred to as “Site”, “Felix”, “we”, “our”, or “us”). These Terms and Conditions are a legal agreement between you and Felix in relation to your use of the Site and associated services.
2. YOUR USE CONSTITUTES ACCEPTANCE OF THESE TERMS & CONDITIONS
By accessing felix.com.au, linking to the Site, or using any of our services you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use this Site or services. These Terms and Conditions govern your use of felix.com.au and its associated services, all communications, content, updates and new releases.
3. COOKIES
Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. We use cookies to learn more about the way you interact with our content and help us to improve your experience when visiting our Site. Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer. You can visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally.
4. CHANGES TO FELIX
We may discontinue or change any Felix Site content, service, function or feature at any time with or without notice.
5. PRIVACY POLICY
This Privacy Policy serves to explain:
- The kind of information we collect about you
- How we might use this information
- How we protect this information
- Your responsibilities
- Changes to our Policies
WHAT INFORMATION DO WE COLLECT AND HOLD?
The type of information we collect and hold general includes your name, residential address, shipping address, email address, telephone or mobile numbers, billing and credit card information. Credit card information obtained at our retail stores, by telephone or through our websites is used by the bank only for the purposes of a consented transaction by you, and where applicable by our supplier for processing. This is to ensure the transaction is not fraudulent and once its accuracy is confirmed, this information is destroyed. If you used PayPal to complete your transaction, your personal information will be collected and used by PayPal in accordance with its privacy policy.
HOW DO WE USE THE INFORMATION WE COLLECT AND HOLD?
All details are strictly confidential and any information provided to us is used solely to process orders. We will not, under any circumstances, pass on personal details to third parties without first requesting your consent unless, when necessary for the purpose of credit card authorizations, financing applications and order fulfilment.
Also, in order to better improve our services, Felix may use your personal information to contact you to identity promotions, products and services that may be of interest to you. By supplying your information you consent to having Felix communicate with you via email, SMS, MMS, and telephone to inform you of these promotions or services. This permission can be retracted by choosing the ‘unsubscribe’ facility on a communication we send you. Any use of your information is in strict accordance with the laws and regulations of the 1988 Privacy Act.
SECURITY
Here at Felix, we respect your privacy and are committed to its protection. We are bound by the Australian Privacy principles of the Privacy Act 1988 so we make it our priority to ensure your details (including name, credit card and personal information) are kept safe and secure using the Secure Socket Layer (SSL) protocol through which information transferred is encrypted. These systems are regularly updated to ensure high security standards and protect your personal information from unauthorised access. However we cannot guarantee absolute protection since transactions over the internet always include some element of risk (i.e. from hackers or misuse) and so while we will do our part to ensure the protection of your information, we advise you to take precautionary measures when interacting with our website.
YOUR RESPONSIBILITIES
To further ensure your privacy, make sure you sign out of your account after shopping at Felix as well as taking due care to safeguard passwords or other special access features associates with your use of our website. Felix will not be responsible for any personal information you have posted on social media and other public mediums. In addition the Website should not be depended upon for personal, medical, legal, or financial information or decisions, and you should consult an appropriate professional for specific advice distinctive to your situation where applicable.
CHANGES TO OUR POLICY
As part of our ethos, we strive to deliver the highest quality service through our website however we do not guarantee the accuracy, completeness, availability or timeliness of anything posted on the website. We reserve the right to modify our policies at any time and prices and availability of products are subject to change without notice, but in the event of a change, communication to customers prior to dispatch of an order will be our top priority.
6. PROTECTION OF MINORS
If you are under the age of eighteen (18) years you cannot place online orders with the Felix Site. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years of age.
7. LINKS
This Site may provide links to other websites or resources. You agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you would like to link to Felix the only form of linking permitted is an underlined, textual link from your site to our homepage. Do not link to us in any way which suggests we have any relationship or affiliation with your site or endorses your site, products or services. Do not use any of our logos, designs, slogans, trademarks etc. without first obtaining our permission. In order to redistribute any content from Felix, you must first contact us for our permission
8. COPYRIGHT, OWNERSHIP AND INTELLECTUAL PROPERTY
No intellectual property ownership rights transfer from you to us or us to you, as a result of this Agreement. You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, or other intellectual property right of any third party through your use of the Site and Services.
9.CONTENT
You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use any content you provide to us in any way.
10. PRICES
We reserve the right to change any price at any time up until you place your order. All prices are shown in Australian dollars. Prices do not include delivery fees.
11. PAYPAL TERMS AND FEES
Payments by you to Felix are processed by third payment processors such as PayPal. Your use of a third party payment processor such as PayPal is subject to any additional terms and conditions and fees imposed by such third party payment processor. Your order will not be processed until full payment has been cleared through PayPal and received by Felix.
12.CANCELLATIONS
We may cancel any order at any time prior to final delivery without any liability to you if the product you ordered is no longer available or if there is an error in the price or the product description posted on felix.com.au. We will not charge you for the cancelled order. Cancellation of an existing order by the Customer at any time prior to delivery will incur a twenty percent (20%) cancellation fee, the fee will be calculated on the total value of the purchase.
13.REFUNDS AND RETURNS
You can find out about our returns policy on our website under the heading “Returns”
14. DELIVERY
We will do everything we can to work with you to find a date and time that accommodates your needs.
15.INDEMNITY
You agree to defend, indemnify and hold harmless Felix, its affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses arising from or in connection with your use or misuse of the Site or the Services, the distribution or transmission of any content or other materials by you or users authorized by you, or any violation of these Terms by you.
16. COMPLIANCE
You must comply with all applicable laws and regulations and, without limitation you must not use the Site or Services in connection with any fraudulent scheme or purpose.
16. DISCLAIMER, LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF FELIX SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OF THE SITE’S OWNERS, OFFICERS, AUTHORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, ANY BUGS, VIRUSES, OR TROJAN HORSES WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS ONEBED SITE. IN NO EVENT WILL FELIX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR RELATED SERVICES; PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SITE OR SERVICES.
CONTACT US
If you have any queries regarding our terms and conditions or privacy policy or have a problem, please let us know. We value customer feedback and will endeavour to solve any issues within 10 working days.