Offer commences 13 September 2024.
Deposit must be received on or after 13 September 2024.
1. Introduction
1.1 This Sleep+ 120 Day Mattress Trial promotional offer (120 Day Mattress Trial) is limited in its application to mattresses which are purchased for personal, household or domestic use. If you purchase a mattress for a commercial purpose, (not for personal, household or domestic use), then this 120 Day Mattress Trial does not apply.
1.2 The 120 Day Mattress Trial is offered in addition to the warranty for products and components in item 15 ‘Sleep+ products (excluding Fit Cover)’ and item 16 ‘Fit Cover’ as set out in King’s express warranty as amended by King from time to time (King Warranty).
1.3 If you, (the customer), purchase a Sleep+ mattress (Mattress) from King Living, then you are eligible to receive the benefit of the 120 Day Mattress Trial, subject to all of the terms and conditions expressed here.
1.4 The 120 Day Mattress Trial period commences on the date when the mattress is delivered to the customer and ends 120 days after that date (Trial Period).
2. What are the Benefits of the 120 Day Mattress Trial?
2.1 If, before the end of the Trial Period, the customer is not satisfied with the Mattress for any reasonable reason, King Living will (subject to the other terms of this 120 Day Mattress Trial):
3. What are the Conditions of the 120 Day Mattress Trial?
3.1 In order to receive the benefits of the 120 Day Mattress Trial, all of the following eligibility criteria must be satisfied:
3.2 You must use and maintain the Mattress in accordance with the care instructions for the relevant Mattress as provided on King Living’s website and any other information made available to you by King Living. If a component of a Mattress becomes defective, you must not attempt to repair it yourself. Doing so may cause damage to the Mattress and make you ineligible to receive the benefit of this 120 Day Mattress Trial.
4. Pickup and Refund
4.1 When King Living is satisfied that all of the criteria for this 120 Day Mattress Trial have been satisfied:
4.2 King Living will refund the purchase price of the Sleep+ mattress to the customer within 10 business days after the Mattress is received by King Living or, (at our discretion), by one of King Living’s charity partners. The purchase price will be refunded to the customer’s credit card, debit card or bank account, depending on how the customer made the initial purchase of the Mattress.
4.3 If King or its charity partner determines (after examination) that the Mattress is damaged or has been used in such a way that the customer’s refund claim does not satisfy the conditions of this 120 Day Mattress Trial (an Invalid Refund Claim) then:
5. What is not Covered by the 120 Day Mattress Trial?
5.1 This 120 Day Mattress Trial only applies to the original purchaser of the Mattress where the Mattress is delivered to delivery address in Australia and remains in Australia for the full Trial Period. You cannot assign or transfer the benefit of this 120 Day Mattress Trial. A subsequent purchaser acquires the Mattress without the benefit of the 120 Day Mattress Trial.
5.2 This 120 Day Mattress Trial does not apply:
6. How Do You Claim a Refund?
6.1 In order to make a claim for a refund (Refund Claim), you, the customer, must notify King Living’s Customer Service before the end of the Trial Period. Contact Details are at the end of these terms and conditions.
6.2 When making your Refund Claim you must notify King Living of:
6.3 After notification is received by King Living, a Customer Service representative will help determine whether your Refund Claim is valid, and if it is, will inform you how King Living will honour it.
6.4 King Living Customer Service may ask you reasonable questions which are for the purpose of determining your eligibility under the 120 Day Mattress Trial. You must answer the questions in full, promptly and truthfully.
6.5 King reserves the right in its absolute discretion to determine, acting in good faith, whether you are eligible to receive the benefit of the 120 Day Mattress Trial.
7. Disclaimer
7.1 To the extent permitted by law, all warranties implied or otherwise not set out in this 120 Day Mattress Trial are excluded and King will be under no liability in contract, tort (including without limitation, negligence, or breach of statutory duty) to otherwise compensate the customer for:
8. Limitations On Disclaimer
8.1 If the supply of the Mattress to you is a consumer sale pursuant to the Australian Consumer Law, the following statement applies. In the following statement, ‘our’ means King Living and ‘you’ means the purchaser of a Mattress:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8.2 The benefits given by this 120 Day Mattress Trial are additional to other rights and remedies that you may have in relation to our products. Any clause of this 120 Day Mattress Trial which is unenforceable or void is to be severed and the other terms of this 120 Day Mattress Trial will remain in force.
9. Contact
9.1 If you have any questions or comments in relation to this 120 Day Mattress Trial, or if you wish to make a Refund Claim, please contact:
King Customer Service
123 Turrella St
Turrella NSW 2205 Australia