Terms and Conditions
“Australian Consumer Law” means the provisions contained in schedule 2 of the Competition and Consumer Act 2010 as amended from time to time; “site” means the websites www.sleepingwtheenemy.com.au and www.wmymini.com.au and any associated applications and SMAs which are owned by SWTE; “SMAs” means the social media accounts connected with SWTE including but not limited to SWTE’s Facebook and Instagram accounts; “SWTE” means Sleeping With The Enemy Pty Ltd trading as Sleeping W. The Enemy and Sleeping With The Enemy Pty Ltd trading as W.My Mini; “you” means each person who visits the site whether or not a customer, and each person who makes a purchase via the site, and “your” has a corresponding meaning.
Acceptance and application
Your use of this site and the supply of any products ordered by you on the site are regulated by these terms and conditions. By visiting the site, accessing the site or ordering a product, you agree to be legally bound by these terms and conditions.
Use of the site
You must only use this site in accordance with these terms and conditions and the laws in force in Australia. You must not commit or encourage a criminal offence, interfere with the site or the servers hosting the site, transmit or distribute a virus (or similar), use or attempt to use any information on this site for data mining, extraction of information, or security purposes. You are only authorised to visit, view and to retain a copy of pages of the site for your own personal use, and you must not use, duplicate, download, publish, modify or otherwise distribute the material on the site for any other purpose.
In order to use the site you must create an account. To create an account you must have attained the age of 18 years and must possess a valid credit or debit card in your own name. Any information entered on the site by you must be in all respects accurate and truthful. You are solely responsible for your account including orders placed under that account, passwords used, delivery addresses provided and shipping instructions. You must notify SWTE if you suspect your account has been hacked, compromised or there has otherwise been unauthorised or suspicious activity on your account.
SWTE reserves the right to undertake maintenance and updates to the site at any time, at which times the site may be temporarily unavailable. SWTE does not warrant that the site will be error-free, uninterrupted, or free of viruses or contamination, although SWTE will take steps to prevent the same. SWTE does not endorse the content of any third party site, nor warrant that they will not contain viruses or otherwise impact your device in a harmful or damaging way. By using the site, you agree and understand that you may not make any claim against SWTE for any damages or losses whatsoever resulting from your use of the site.
SWTE may amend these terms and conditions and the site (including pricing) at any time without notice to you, by publishing them here. Such amendments will be effective as and when published and will be immediately binding on you.
By placing an order for goods on the site you offer to purchase the goods on and subject to these terms and conditions and in accordance with the product description/s pertaining to the goods selected. The price for the purchase will be displayed on the site when goods are placed in your cart, including applicable tax. You must pay for the order in full at the time of ordering. SWTE will not be responsible for errors made by you in placing an order including errors as to personalisation. No contract of sale will arise as between you and SWTE, and SWTE will be under no obligation to ship goods ordered, until such time as payment for goods ordered have cleared in full.
Shipping Domestic Orders
SWTE uses external carriers to ship your order. Personalised orders may take 7-10 business days.
SWTE uses external carriers to ship your order. Personalised orders may take 15-20 business days. You are responsible for any additional costs, taxes or customs charges associated with your order. All international orders must be placed with an authority to leave the product at the shipping address in the event of your absence.
Timeframes stated above are estimates only and should not be relied upon for precise date of arrival (public and observed holidays may affect delivery times). To the maximum extent permitted by law, SWTE specifically disclaims all liability for items lost or damaged in transit and for delays in delivery due to unforeseen circumstances such as natural disaster, strike or transport complications. You are responsible for providing accurate delivery instructions and address details in writing. Where you grant SWTE an authority to leave when placing your order, our couriers may leave the order in question unattended at the delivery address without obtaining a signature confirming delivery at the delivery location, and you release SWTE and its couriers from all responsibility and liability for your order.
Replacements and refunds where product faulty
SWTE will only replace or refund your order where the item is faulty or demonstrates a major issue within the meaning of the Australian Consumer Law. To request a replacement or refund, please contact us by email at email@example.com. Your email to us must disclose why you believe the item is faulty or demonstrates a major failure, must include photographic evidence, and must supply proof of purchase. We will assess the item upon receipt and will incur all reasonable shipping costs for replacement products if the original item is deemed to be faulty. SWTE will not cover shipping costs for items which are damaged due to mistreatment or harsh wear. In the event that the item to be replaced has sold out and cannot be replaced, a full refund will be issued on the original purchase price.
Replacements, refunds and exchanges
Other than as provided for in clause 9, SWTE does not offer exchanges, replacements, refunds and exchanges on products purchased.
All intellectual property rights whether registered or unregistered relating to SWTE’s products, site, SMAs, or in any way connected with the same are wholly owned by SWTE. Such rights include but are not limited to all copyright, patents, trademarks, logos, designs, software, domain names, business or trade names, marketing concepts and designs, client lists, databases, knowhow, showhow, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, product or business concepts, and details of product development (“IP Rights”). You must not use, or authorise any other person to use, the IP Rights or any content published on the site or the SMAs without prior written authorisation by SWTE.
Social media usage
SWTE permits blogging or linking to its IP Rights for non-commercial purposes and as long as the content published does not harm or have the ability to harm the reputation of SWTE. SWTE reserves the right to request the removal of any third party content which does not adhere to these terms and conditions.
To the extent permitted by law, SWTE shall not be liable for indirect or consequential losses or expenses suffered or incurred by you in relation to the supply of goods. SWTE’s liability is limited only to the cost of supply or re- supply of goods in accordance with these terms and otherwise under Australian Consumer Law. All warranties, conditions and guarantees which would or may be implied (whether by statute law, trade usage or otherwise) into these terms and conditions are expressly excluded.
You must not sell or offer for resale any items purchased on the site or otherwise from SWTE.
All amounts stated on the site are in Australian Dollars ($AU) unless otherwise stated. All purchases within Australia will incur GST.
These terms and conditions constitute the entire agreement between you and SWTE with respect to their subject matter and supersede any and all other agreements, representations, warranties and undertakings with respect to the same. No variation to these terms and conditions will be effective unless in writing signed by SWTE. You may not assign or otherwise deal with all or any of your rights or obligations under these terms and conditions. SWTE may assign or otherwise delegate all or any of its rights or obligations under these terms and conditions to any person without notice to you. No waiver, forbearance or indulgence by SWTE of any default by you shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character, or as a release or discharge of your liability under these terms and conditions. If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed without affecting the validity or enforceability of the remaining provisions of these terms and conditions.
These terms and conditions are subject to the exclusive jurisdiction of the laws in force in Western Australia (Australia) from time to time. You submit to the exclusive jurisdiction of the Courts and Tribunals of Western Australia and the Federal Court sitting in Western Australia.