1.1 Firstly thank you for selecting Comfort Me as your preferred supplier of the goods. Comfort Me is a subsidiary of GHN Trading Pty Ltd (ABN 94 165 402 102) (“GHN Trading”) Your business is greatly appreciated by Comfort Me.
1.2 These are the terms and conditions which govern your use of the Comfort Me website (the “Site”) and the purchase of the Comfort Me goods by you.
1.3 The Site is owned and operated by Comfort Me. You should always check these terms and conditions every time you visit the Site as Comfort Me may make changes to it from time to time without letting you know.
2.1 Once you purchase an item on the Site, it forms a binding contract between you and Comfort Me. That contract for purchase constitutes and incorporates these terms and conditions.
2.2 Any order placed by you, the customer, is always subject to acceptance by Comfort Me. Comfort Me may therefore cancel or vary that order at any time and will notify you of that cancellation or variation. Your order may need to be cancelled or varied as a result of a number of things including but not limited to where an item is out of stock, due to errors or omissions or for other reasons.
3.1 Although Comfort Me takes all steps to ensure the security and integrity of the Site, you agree that Comfort Me will not be liable for any loss or damage you suffer by the use of the Site (including a linked website), any breakdown or interruption to the Site or the Site being hacked or otherwise being affected by any form of malicious virus or the data you receive from Comfort Me not being secure or virus-free.
3.2 Despite anything else contained in these terms and conditions Comfort Me will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by you or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition where that delay or failure is caused by an act of God, fire, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond Comfort Me’s control.
3.3 Although Comfort Me uses it best endeavours to ensure that the information on its Site or in any quotation is correct there may be times where errors or omissions have unfortunately been made. In that regard GHN Trading reserves its right to correct any such errors or omissions without any claim being made against it.
4 Limitation of liability and indemnity
4.1 To the extent permitted by law, you agree that all terms, conditions and warranties or undertakings whether express or implied, oral or written relating to the goods are expressly excluded. Any liability of Comfort Me arising in connection with these terms and conditions and the supply of the goods, at its discretion, is limited to the replacement or repair of the goods or a refund of monies paid by you for the goods.
4.2 In no event shall Comfort Me be liable for any indirect or consequential losses (including loss of profits, loss of revenue, loss of opportunity and loss of business).
4.3 You agree to indemnify Comfort Me from and against any losses, costs, expenses or damages suffered by Comfort Me as a result of the breach of these terms and conditions.
5 Copyright and intellectual property
5.1 The contents of the Site (including all photographs, images, videos, text and other items) is Comfort Me’s intellectual property and subject to copyright. You must not copy, modify, reproduce, broadcast, print, publish or create any derivative works from any part of the Site without Comfort Me’s written consent.
5.2 Comfort Me makes no representation about any website or content accessed through a link on the Site. The fact that the Site contains links to other websites does not constitute any endorsement by Comfort Me of that website or the products and services being offered through that website. You agree that Comfort Me will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by Comfort Me.
Comfort Me takes all complaints seriously and will use its best endeavours to ensure all complaints are addressed promptly. If you have any complaints or issues please contact Comfort Me as soon as possible.
7 General provisions
7.1 No delay or failure by Comfort Me to enforce its rights or to do anything is to be taken as a waiver of that right. A waiver can only be undertaken where an authorised representative of Comfort Me signs any such waiver.
7.2 These terms and conditions and your purchase of the Comfort Me goods are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.
7.3 Comfort Me may at any time, assign any of its rights or transfer by novation any of its rights and obligations under these terms and conditions to any person or persons by providing notice to you. You cannot assign or transfer your obligations under these terms and conditions without prior written consent of Comfort Me.
7.4 Comfort Me has the right to terminate any arrangements it has with you and/or suspend supply with immediate effect if Comfort Me believes that any of the agreements, undertakings, representations or requirements set out in these terms and conditions have not been complied with or fulfilled by you.