Terms & Conditions
This page (together with the documents referred to on it) tells the customer (you/your) the terms and conditions (Terms and Conditions) on which Sheetly (we/our/us) will supply to you the Services(Service s) listed on our website www.Sheetly.com.au (Site), via one of our subscription services (Services).
Please read these Terms and Conditions carefully before ordering any Services from the Site or subscribing to one of our Services. You should understand that by ordering any of our Services or subscribing to one of our Services, you agree to be bound by these Terms and Conditions and any policies stated on the Site. We reserve the right to amend these Terms and Conditions and any policies at any time and your use of the Site following any amendments will represent your agreement to be bound by these Terms and Conditions and policies as amended.
We therefore recommend that each time you access the Site you read these Terms and Conditions and policies. Please tick the checkbox in the shopping cart to accept these Terms and Conditions. Please understand that if you do not accept these Terms and Conditions, you will not be able to order any Services from the Site.
1.1 We operate the Site located at www.Sheetly.com.au. We are Linen Delivery Service (ABN 29140954918) trading as Sheetly.
The Site is only intended for use by people residing in nominated areas of Melbourne (Service Areas). We do not accept orders from individuals outside those Service Areas. Customers must provide a valid email address and credit card for all orders accepted online.
3. YOUR STATUS
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old; and
- you are resident in one of the Service Areas
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5. ACCEPTANCE OR REJECTION OF AN ORDER
4.1 After completing the subscription or order process on the Site, you will receive an email from us acknowledging that we have received your order (Order). Please note that this does not mean that an Order has been accepted.
4.2 An Order will relate only to the Service you have ordered or subscribed to. Each Order that we accept results in a separate binding agreement between you and us for the supply of those Service. For each Order accepted by us, we will supply the Service in that Order to you in accordance with these Terms and Conditions.
5.1 We reserve the right to accept or reject an Order for any reason, including if the requested Service is not available or if there is an error in the price or the Service description posted on the Site or in an Order.
5.2 If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.
5.3 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order.
5.4 If we refuse an Order on or prior to delivery but after our 48 hour order cut-off, a full refund, less any discounts, will be made within 10 Business Days.
6.1 When you place an Order for a subscription Service you enter into an agreement to receive the Service on an ongoing basis. You will be charged for your initial order upon completing the initial transaction on the site. Subsequent recurring orders will be charged at the same frequency requested in your order, without further authorisation from you, unless you have cancelled or otherwise modified your subscription or delivery preferences as outlined in these Terms and Conditions.
6.2 By subscribing to the Services, you are agreeing to receive our Service on a recurring basis for an indefinite period until cancelled by you or us as set out in these Terms and Conditions. The subscription amount and billing interval are set out on the checkout page, confirmation correspondence, and the customer login area of the Site.
6.3 You can cancel, pause, and otherwise amend your subscription at any time without the need to receive further Services from us provided that your adjustment request is received by one of the methods outlined on the site ount and by the cut-offs outlined below. You will not be charged a cancellation fee. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription.
6.4 We reserve the right to terminate your subscription at our reasonable discretion at any time and without giving any reasons for our decision.
7.1 There is no minimum term.
7.2 Subscription cancellation and adjustment requests must be received 48 hours prior to scheduled delivery date of the service.
7.3 The cut-off for subscription adjustments (including pauses, cancellations, order restarts, address or change to service bundle ) must be 48 hours AEST prior to scheduled service delivery.
7.4 You will be liable for all orders in the upcoming 7 day period that you had committed to at order cut-off.
7.5 You may cancel an Order at any time after first placing an Order with us by sending an email to hello@Sheetly.com.au provided it is prior to the relevant 48 hour Order Cut-Off. If you cancel an Order after the Order cut-off for the upcoming delivery week, we have no obligation to cancel an Order and/or refund you any money.
7.6 In the event that we accept your cancellation request after you have received the Service , we will contact you regarding the collection of Sheetly Linen. If an Order is cancelled when a User has uncollected Sheetly linen then Sheetly will arrange the collection of the linen. If arrangements for the collection cannot be provided the Sheetly will charge the customer an amount equal to two service fee, for that booking.
7.7 The linen provided is on a hire basis and remains the property of Sheetly.
7.8 In the event that the linen is damaged beyond repair we have the right to charge the customer’s account, $30.00 per sheet $40.00 per Doona Cover, $30 per towel, $15.00 per Pillow Case, $15.00 per path matt. The decision of beyond repair is up to our discretion.
7.9 The Sheetly service can only be suspended for 3 weeks. If the service is to be suspended for a period longer than that we will require the collection of Sheetly Linen. If arrangements for the collection cannot be provided then Sheetly will charge the customer an amount equal to two service fee, for that booking.
8. CHANGE OF DETAILS
8.1 Changes to address details and/or delivery instructions must be communicated via an email and by updating your log in details and by the cut-offs outlined in these Terms and Conditions.
8.2 We are not liable for any charges you incur as a result of out of date payment information. If we incur an expense due to incorrect payment information provided by you, we reserve the right to seek reimbursement from you for such expense.
9.1 From time to time we may need to revise the price of the Service. For any price variations in relation to the Services, we will provide notice by email no less than 14 days before the changes take effect. After such time, we will apply the revised pricing to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate the Services before Services are delivered under the new pricing plan.
9.2 The current prices of the Services will be as quoted on the Site, as updated from time to time.
9.3 Service prices include taxes including GST where applicable.
10.1 Payment for all Services must be by credit or debit card or any other payment method listed on the online checkout page of the Site.
10.2 Orders will be charged to your nominated payment method.
- (a) It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal.
- (b) It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
10.3 Storage of Collected Information
- (a) Sheetly does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details.
- (b) All online debit/credit card transactions performed on this Site are through secured payment gateways. We currently use the Shopify and PayPal payment gateways for our online payment transactions.
- (c) Complete debit/credit card details cannot be viewed by Sheetly or any outside party.
- (d) Payments will appear on your bank statement as “Sheetly” in your PayPal account.
10.4 Failed payments
- (a) Payment failures may be due to insufficient funds, incorrect or outdated payment information, and transaction disputes.
- (b) If we are unable to debit your payment method your Service may still be dispatched and the sale will be deemed to have occurred.
- (c) In such instances Sheetly will re-attempt the payment process. We reserve the right to re-attempt payment on the nominated payment method to recover any outstanding amounts.
- (d) In the event that payment re-attempts are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party.
- (e) We reserve the right to suspend or terminate future deliveries when payments are outstanding.
10.5 Extra fees
- (a) If you fail to settle outstanding amounts within ten days of the order cut-off date a late payment fee may apply.
10.6 Debt collection
- (a) You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments.
- (b) If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral.
10.7 Suspected fraud accounts
- (a) We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
- (b) We reserve the right to terminate your order or accounts following the investigation.
11. OUR REFUNDS POLICY
11.1 If you have cancelled an Order in accordance with clause 7.5, we will process any refund due to you within 14 days of the day you gave notice of cancellation. In this case, we will refund the price of the Service in full.
11.2 Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. If you consider that the Service is defective or fails to comply with the Statutory Guarantees provided pursuant to the Australian Consumer Law, we will examine the received evidence of the defective Service and will notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
11.3 If you seek a refund for any other reason, you can request a refund by email to hello@Sheetly.com.au and we will consider each request at our reasonable discretion. We will notify you of the outcome of your refund request via email within 14 days. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
11.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.5 Refunds will not be provided for if you enter an address incorrectly.
12. DELIVERY OF SERVICE
12.1 We only deliver to addresses within the Service Areas, as noted on our website.
12.2 If we implement a delivery fee for an existing Service we will advise you 14 days before the fee becomes effective so that you will have the opportunity to cancel any future orders before the fee is effective.
12.3 During the ordering process, you must select a date/delivery window for us to deliver the Order to you. You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil an Order.
12.4 We will aim to deliver during the window that you select. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
12.5 We will deliver the Services to the nominated delivery address (Delivery Address). We shall undertake the Service inside a premise or building at the Delivery Address. We agree to take all necessary steps to avoid any loss and or damage to Customers property and deliver the Service in a manner. To the greatest extent possible. Our staff may need to move items away from the area being serviced and will take all due care doing so. You must make all appropriate arrangements to assist and allow us to deliver the Service , including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
12.7 The customer shall do all things necessary to enable Sheetly to efficiently perform the service in accordance with the booking.
12.8 If you are not at home and that has been nominated access to the premises, we will try to contact you at your nominated phone number. If we cannot contact you or arrange an alternative time for delivery of the service we reserve the right to keep the payment for that service order.
12.9 You will be responsible for an Order from the time we deliver the Services in accordance with your instructions. We accept no liability or responsibility for any Service once the Service has been delivered to you.
12.10 You understand that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason.
12.11 The Customer should notify Sheetly of any loss or damage, caused by Sheetly Staff to the customer’s Property as soon as practicable, but no later than 24 hours after the completion of the Service.
13.1 We may offer discount promotions and other types of vouchers (Voucher) which require activation by email application in order for the holder to commence delivery of Services. If paid for, the Voucher is deemed to have been sold at the time of payment for it. These Terms and Conditions will become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
13.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Voucher is only valid on the Holder’s first Service purchase.
13.3 We reserve the right to withdraw or cancel any Voucher (other than a paid up-front gift card) for any reason at any time.
13.4 Vouchers may only be redeemed through the Site and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.
13.5 Any discounts attached to Vouchers apply to the price of the Services ordered.
13.6 Vouchers and Customer credits deriving from any Customer referral program are not valid if used inappropriately, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes and delete credits from the sharer’s account if we become aware of inappropriate use.
14. RISK AND TITLE
14.1 The Services will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.
14.2 Ownership of the Services will only pass to you when we receive full payment of all sums due in respect of the Service.
15. DISCLAIMER AND LIMITATION OF LIABILITY
15.1 The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits.
15.2 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an "as is" and "as available" basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
15.4 To the extent permitted by law, we do not represent or warrant that the Site will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
15.5 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
15.6 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
15.8 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
15.9 To the extent permitted by law:
- (a) our total aggregate liability in connection with these Terms and Conditions is limited, at our option, to:
- (i) In the case of the supply of Service s:
- (A)replacement or resupply of the Services; or
- (B)the cost of replacing or resupplying the Service s;
- (ii) In the case of the supply of Services:
- (A)supplying the relevant Services again; or
- (B)the cost of supplying the relevant Services again, and;
- (b) in any event, will not exceed the fees paid by you to us under the relevant Order.
15.10 To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.
16.1 The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
16.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, Services or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
16.3 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any Services or services available on or through the Linked Websites.
17.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
17.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
18.1 We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
18.2 You may print off one copy, and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
18.3 If you post comments on the Services or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets which we may create or contribute to.
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- (a) strikes, lock-outs or other industrial action;
- (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- (e) impossibility of the use of public or private telecommunications networks;
- (f) epidemic, pandemic or other health emergency (whether declared or not); and
- (g) the acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
20.2 We may use your contact information to send you newsletters from us and from our related companies.
21.2 The relationship between you and us is that of a principal and independent contractor. Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency or partnership.
21.3 Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
21.4 Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.
21.5 If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
21.6 These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria