RestNest by MFA - Terms and Conditions

Welcome to RestNest by MFA! These terms and conditions outline the rules and regulations for the use of Neclay Investments Pty Ltd's website, located at https://restnestbymfa.com.au.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use RestNest by MFA if you do not agree to all the terms and conditions stated on this page.

1. General Information

• These Terms and Conditions govern your use of the RestNest by MFA website (the "Site") and your purchase of products (the "Products") from us.

• By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

• If you do not agree with any part of these terms, you must not use our Site or purchase our Products.

2. Cookies

• The website uses cookies to help personalize your online experience. By accessing RestNest by MFA, you agree to the use of the required cookies.

• A cookie is a text file placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

• We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You can accept or decline optional cookies. However, some cookies are required for the operation of our website and do not require your consent. By accepting required cookies, you also accept third-party cookies that may be used via third-party provided services (e.g., video display windows).

3. License and Intellectual Property

• Unless otherwise stated, Neclay Investments Pty Ltd and/or its licensors own the intellectual property rights for all material on RestNest by MFA. All intellectual property rights are reserved. You may access this from RestNest by MFA for your personal use subject to restrictions set in these terms and conditions.

• You must not:

  • Copy or republish material from RestNest by MFA.

  • Sell, rent, or sub-license material from RestNest by MFA.

  • Reproduce, duplicate or copy material from RestNest by MFA.

  • Redistribute content from RestNest by MFA.

• This Agreement shall begin on the date hereof.

4. User-Generated Content (Comments)

• Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Neclay Investments Pty Ltd does not filter, edit, publish, or review comments before their presence on the website. Comments do not reflect the views and opinions of Neclay Investments Pty Ltd, its agents, and/or affiliates.

• Neclay Investments Pty Ltd reserves the right to monitor all comments and remove any that can be considered inappropriate, offensive, or that breach these Terms and Conditions.

• You warrant and represent that:

  • You are entitled to post the comments on our website and have all necessary licenses and consents to do so.

  • The comments do not infringe any intellectual property rights, including but not limited to copyright, patent, or trademark of any third party.

  • The comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material that is an invasion of privacy.

  • The comments will not be used to solicit or promote business, custom, present commercial activities, or unlawful activity.

• You hereby grant Neclay Investments Pty Ltd a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your comments in any and all forms, formats, or media.

5. Hyperlinking to Our Content

• The following organizations may link to our website without prior written approval:

  • Government agencies, search engines, news organizations, online directory distributors, and system-wide accredited businesses (except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups).

• These organizations may link to our home page, publications, or other website information as long as the link: (a) is not deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products/services; and (c) fits within the context of the linking party's site.

• We may approve other link requests from organizations such as consumer/business information sources, dot.com community sites, charities, internet portals, accounting/law/consulting firms, educational institutions, and trade associations.

• Approved organizations may hyperlink to our website using our corporate name, the uniform resource locator, or any description that makes sense within the context of the linking party's site.

• No use of Neclay Investments Pty Ltd's logo or other artwork will be allowed for linking absent a trademark license agreement.

6. Content Liability

• We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims arising on your website. No link(s) should appear on any website that may be interpreted as libelous, obscene, criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

7. Product Information, Variations, and Pricing

• All products sold under the RestNest by MFA brand may have variations in terms of brand name, style, design, or specifications. However, we guarantee that these products are of similar quality, function, and comfort. Such variations do not entitle the customer to a refund, exchange, or return unless the product is faulty or does not meet the statutory guarantees under Australian Consumer Law (ACL).

8. Orders and Payment

• When you place an order, you are making an offer to purchase the selected products in accordance with these Terms and Conditions. We reserve the right to accept or reject any order for any reason, including but not limited to unavailability of stock, errors in pricing or product information, or suspicion of fraudulent activity.

• Payment must be made in full at the time of ordering using the payment methods provided on our Site. We do not store any credit card information.

9. Delivery and Shipping

• We offer free delivery on all mattress orders within Australia. Delivery times may vary depending on your location and the availability of the product.

• We aim to dispatch all orders promptly but do not guarantee delivery times and are not responsible for any delays caused by external factors such as courier services or unforeseen circumstances.

• Risk of loss or damage to the products passes to you upon delivery. You must ensure that someone is available to receive the delivery at the specified address.

10. Returns, Refunds, and Exchanges

• Our Return Policy is part of these Terms and Conditions. By purchasing a product, you agree to the terms outlined in our Return Policy.

• All returns must comply with the conditions set out in our Return Policy, including the requirement that return shipping is the customer's responsibility.

• RestNest by MFA reserves the right to refuse any return that does not meet our Return Policy criteria.

11. Warranty and Consumer Guarantees

• Our products are covered by a manufacturer’s warranty against defects for a specified period. The details of the warranty, including the duration and conditions, are provided with each product.

• In addition to any manufacturer’s warranty, you have rights under Australian Consumer Law (ACL). In case of a major failure, you are entitled to a replacement, repair, or refund as per the ACL.

12. Limitation of Liability

• To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • Limit or exclude our or your liability for death or personal injury;

  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • Limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • Exclude any of our or your liabilities that may not be excluded under applicable law.

• Our liability is limited to the replacement of the defective product or the refund of the purchase price, as required by Australian Consumer Law.

13. Governing Law and Jurisdiction

• These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, for any disputes arising from or related to your use of our Site or purchase of our Products.

14. Reservation of Rights

• We reserve the right to request that you remove all links or any particular link to our website. You approve to immediately remove all links to our website upon request. We also reserve the right to amend these terms and conditions and our linking policy at any time. By continuously linking to our website, you agree to be bound by and follow these linking terms and conditions.

15. Force Majeure

• RestNest by MFA shall not be liable for any delay or failure to perform any obligation under these Terms and Conditions if such delay or failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, strikes, or supply chain disruptions.

16. Contact Information

• For any questions or concerns regarding these Terms and Conditions, please contact our Customer Service Team

By using this Site or purchasing Products from RestNest by MFA, you agree to these Terms and Conditions. Thank you for choosing RestNest by MFA — we hope you enjoy a great night's sleep!