Terms of Service
Last updated on 13 September 2023
Ecosa Group Pty Ltd
ABN 68 604 828 766
In these terms, we also refer to Ecosa as “our”, “we”, or “us”. And you are you!
What are these terms about? These terms apply when you use this website, being https://www.ecosa.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”). These terms also apply when you purchase products through this Website (“Products”).
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- Part A: Terms for when you buy Products (applies when you buy)
- Part B: Terms for when you browse and interact with this Website (applies when you browse)
- Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
- Part D: Promotional terms
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date on this page under 'Overview' to see when we last updated these terms.
CANCELLATION BY USWe 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 YOUYou 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.
RETURNSreturns 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
- We only offer change of mind returns for Approved Products.
- 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).
- 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.
The following Products are covered by the 100 Day Guarantee, and are defined as an “Approved Product” for the purposes of this agreement:
- Vital Mattress;
- Align Firm Mattress;
- Ecosa Mattress;
- Pure Mattress;
- Cot Mattress;
- Ecosa Pillow;
- Rio Sofabed; and
- Rio Ottoman
limited warranty against defects
- 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.
- The full policy, including instructions on how to make a claim under it, is set out in Appendix A.
INFORMATION ON THE WEBSITE
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:
- the Website will be free from errors or defects (or both, as the case may be);
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; and
- any information provided through the Website is accurate or true.
- 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.
- 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.
- 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.
- 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
- You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
- 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
- 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.
- Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
SECURITYEcosa 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 MISUSEIf 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.
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
You must not:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Ecosa;
- use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact the reputation of Ecosa, including by linking to the Website on any other website; and
attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
- gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mail bombing, crashing or submitting a virus to the Website; or
- instigate or participate in a denial-of-service attack against the Website.