Ecosa Terms & Conditions

CANCELLATION BY US 
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
CANCELLATION BY YOU 
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8 may apply.
RETURNS
returns and exchanges

We will provide a full refund of the price paid for a Product if we determine that:

A Product you have ordered was not received by you solely due to failure by us;
a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
a Product is faulty, in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
Faulty products - see faulty product process

The following process applies to any Product you believe to be faulty.

If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
If you fail to comply with the provisions of this clause 8 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
change of mind returns
1. We only offer change of mind returns for Approved Products.
2. If you purchase an Approved Product and you are not satisfied with the Approved Product for any reason (acting reasonably), we will offer you a full refund of the fees paid for that Approved Product (100 Day Guarantee).
3. To claim a refund under our 100 Day Guarantee, you must contact us via the contact details on our Website within 100 days of paying for an Approved Product. We will then endeavour to provide you with a refund as soon as is reasonably practicable.
4. The following Products are covered by the 100 Day Guarantee, and are defined as an “Approved Product” for the purposes of this agreement:
  1. Vital Mattress;
  2. Align Firm Mattress;
  3. Ecosa Mattress;
  4. Pure Mattress;
  5. Cot Mattress;
  6. Ecosa Pillow;
  7. Rio Sofabed; and
  8. Rio Ottoman
limited warranty against defects
1. We offer a 45 day, 100 day, one (1) year, five (5) year, ten (10) year and 15 year limited warranty against defects for certain Products.
2. The full policy, including instructions on how to make a claim under it, is set out in Appendix A.

PART B: Terms for when you browse and interact with the website (applies when you browse)

PAYMENT

PRODUCT

DISCLAIMER

INFORMATION ON THE ECOSA WEBSITE

INFORMATION ON THE WEBSITE
1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
  1. the Website will be free from errors or defects (or both, as the case may be);
  2. the Website will be accessible at all times;
  3. messages sent through the Website will be delivered promptly, or delivered at all;
  4. information you receive or supply through the Website will be secure or confidential; and
  5. any information provided through the Website is accurate or true.
2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
INTELLECTUAL PROPERTY
1. Ecosa retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Ecosa or as permitted by law.
3. In this clause 15, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
THIRD PARTY TERMS AND CONDITIONS
1. You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
2. You agree to any Third Party Terms applicable to any third party goods and services, and Ecosa will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
LINKS TO OTHER WEBSITES
1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
SECURITY
Ecosa does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE 
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

LIABILITY AND OTHER LEGAL TERMS

(Liability) To the maximum extent permitted by applicable law, Ecosa limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Ecosa to the total Fees paid by you to Ecosa under the most recent Order.
Claims for loss of or damage to Products in transit must be made against the carrier.
Products sold by Ecosa, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
All other express or implied representations and warranties in relation to Products and the associated services performed by Ecosa are, to the maximum extent permitted by applicable law, excluded.
Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(Indemnity) You indemnify Ecosa and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
1. breach of any third party intellectual property rights;
2. breach of any of these terms;
3. use of the Website;
4. negligent, wilful, fraudulent or criminal act or omission; or
5. use of any goods or services provided by Ecosa.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Ecosa be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Ecosa (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

GOVERNING LAW AND JURISDICTION 
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
INTERPRETATION
1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (currency) a reference to $, or “dollar”, is to Australian currency;
3. (gender) words indicating a gender includes the corresponding words of any other gender;
4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
7. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
11. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
NOTICES
1. Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
2. If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
3. The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.