Terms and Conditions
Website Terms of Use
The Sleep GP website (Website) is owned and operated by
SleepGP Pty Ltd
ABN: 56163850057
5/3 Mclean St
Coolangatta Qld 4225
By using or accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.
To place an order on the Website, customers must be aged 18 or older.
Governing law
The Sleep GP controls and operates the Website from its offices within Australia. These Terms of Use are governed by the laws of the State of Queensland. You and The Sleep GP agree to submit to the non-exclusive jurisdiction of the courts of Queensland. If you choose to access this site from another location, you are responsible for compliance with applicable local laws. The Sleep GP makes no representation that the Website is appropriate or available for use in all locations.
Revisions
The Sleep GP may revise or amend these Terms of Use at any time in its absolute discretion by posting revised terms. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.
The Sleep GP may revise its product prices at any time in its absolute discretion.
Site contents, ownership, and use restrictions
Unless otherwise stated, The Sleep GP and/or it’s licensors own the intellectual property rights for all material on The Sleep GP. All intellectual property rights are reserved. You may view and/or print pages from http://thesleepgp.com.au for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from https://thesleepgp.com.au/
Sell, rent or sub-license material from https://thesleepgp.com.au/
Reproduce, duplicate or copy material from https://thesleepgp.com.au/
Redistribute content from The Sleep GP (unless content is specifically made for redistribution).
Information from and Advertising and Links to Third Party Websites
The Website may contain information from or links to internet sites operated by third parties. Such information or sites are not under the control of The Sleep GP and The Sleep GP is not responsible for the contents of those sites. The Sleep GP provides such information and links to you as convenience and the inclusion of any link does not imply any endorsement of the linked website. You rely on such information or websites entirely at your own risk.
The Website may also utilise social network or share functionality and may contain social media links, applications or features. Your use of any social media platforms is subject to the particular social media platform’s terms and conditions of use.
Indemnity
You agree to indemnify and will keep The Sleep GP indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by The Sleep GP in connection with your use of the Website, your breach of these Terms of Use or your breach of any rights of third parties.
General
Any costs associated with downloading, installing, accessing and using the Website remain your responsibility and are dependent on the service provider used. You also understand that we cannot and do not guarantee or warrant that the Website or any material available for download via the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements.
Disclaimer of warranty
The Sleep GP is providing the Website on an ‘as is’ and ‘as available’ basis and use of it is at your own risk. The Sleep GP make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Website. To the extent permitted by law, The Sleep GP expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability, merchantability or fitness for purpose.
Ordering goods and Payment
Placing an Order
You may make purchases via the Website by selecting and placing your order in accordance with these Terms and Conditions and as directed on the Website. Any order placed by you in the manner described in the Website is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on the Website at the time you place your order.
You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods or services ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods or services being dispatched to you.
Any order placed by you is subject to your compliance with any specific limitations imposed by law or shown on the Website (or applicable website).
The Sleep GP may change the prices published on the Website at any time. You agree to pay the price current at the time of payment.
We may require additional verification or information before accepting any order.
We only accept orders from within mainland Australia and Tasmania.
You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the credit or debit card used to place your order and that your credit or debit card will cover the full cost of the purchase. You must not pay, or attempt to pay, for purchases through any fraudulent or unlawful means.
We reserve the right to reject your order for products or services purchased through the Website for any reason, including but not limited to if the products or services are not available, if there is an error in the description or price of the requested products or services as advertised on the Website or if there is an error in your order. If we reject your order, we will notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for your purchase, you will receive a full refund.
About our prices
All prices are inclusive of GST, if applicable to the item being purchased.
Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability.
Prices and availability of items are subject to change without notice.
Where permitted, we reserve the right to limit sales. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of products or services you have purchased.
Title and risk
Title to the goods purchased from The Sleep GP online does not pass from The Sleep GP to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
The Sleep GPs’ policy on returns, refunds and replacements
Our products and deliveries come with guarantees consistent with Australian Consumer Law (see Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
Under that legislation, you are entitled to a replacement or refund for a major equipment failure. You are also entitled to have the product repaired or replaced if it is not of acceptable quality and the failure does not amount to a major failure.
A 'major failure' is when the product:
- has a problem that would have prevented you from buying the product had you known about it;
- is unsafe;
- is significantly different from the sample or description of the product; or
- does not do what we said it would, and cannot be easily fixed.
If you notify us (in accordance with the contact information set out in these T&Cs) or return the purchased product to our The Sleep GP warehouse with proof of purchase, we will assist you in dealing with the product in accordance with the above.
We may need to send the item to our suppliers or manufacturers in order to assess whether or not any exchange, refund or repair can be offered to you. If the product has been assessed and no fault is found, or it is assessed that damage has been caused by inappropriate use, The Sleep GP may refuse to provide you with a refund, repair or exchange.
Subject to Australian Consumer Law, we may require that the cost of any returns, refunds or repairs are borne by you.
You acknowledge that:
(i) products presented for repair may be replaced by a refurbished product rather than a repair; and
(ii) for refunds of products, we may, at our absolute discretion, offer you with a credit or refund of cash.
Please note: For all claims relating to a deficiency in the quality of the product, we require you to hold a proof of purchase and /or proof of delivery. If you do not hold this proof, we reserve all rights to refuse the request for repair, return or exchange due to a lack of proof of purchase.
Change of Mind Returns
We understand there may be circumstances in which you may change your mind on a product or order an incorrect item so we are able to provide a store credit for the amount you paid for the items (less the postage costs). This is on the condition the item or product has not been opened or used and is approved by our returns team.
You are required to pay returns postage and The Sleep GP cannot be held accountable for any returns lost in transit so we recommend you purchase tracking.
Please email: hello@thesleepgp.com.au for any returns related inquiries.
Additional product warranties
The product or services you purchase may come with an additional warranty to your Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product or service you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
The Sleep GP Aftercare Services
The Sleep GP Aftercare Services is sold by The Sleep GP and The Sleep GP collects, uses, holds and discloses personal information related to Prepaid Business Services in accordance with its Privacy Policy.
Exclusion of liability
To the extent permitted by law, The Sleep GP will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:
the use, copying, or display of the contents of the Website; or
goods or services supplied by The Sleep GP under these Terms and Conditions.
Limitation of liability
To the extent permitted by law, The Sleep GP’s liability to you is limited, at The Sleep GPs’ option, to:
in the case of goods, the repair or replacement of the goods or the re-supply of equivalent goods (or paying the cost of any of these); or
in the case of any services supplied by The Sleep GP, to supplying the services again (or paying the cost of having the services supplied again).
To the extent permitted by law, in no event will The Sleep GP, its officers, employees or agents be liable for any consequential or indirect loss or damage, any loss of business or revenue, loss of profit, loss of opportunity, loss of data, loss of goodwill or loss of business reputation arising out of or in connection with the supply of goods or services under these Terms and Conditions.
This agreement is not intended to exclude, restrict or modify any right which you have at law which may not be excluded, restricted or modified by agreement.
ResMed 30 Day Money-back Guarantee
As an authorised ResMed distributor we are able to offer ResMed’s 30 day money-back guarantee.
Please find below the ResMed terms and conditions for the 30 day money-back guarantee: https://www.resmed.com.au/hubfs/ResMed%2030%20DMBG%20-T&Cs%20-%20FINAL%20v11%2009.08.2023.pdf
As we are an online store, please note these terms and conditions are slightly different.
• You must sign up for ResMed Sleepvantage as this is a ResMed offer
• The customer refund will be minus the original shipping and transaction fees paid by SleepGP PTY LTD
• The customer will be required to pay returns postage
• SleepGP PTY LTD cannot be held responsible for any items lost during transit so we recommend you purchase tracking
• Your return will be processed within 3-5 business days by the returns team and you will be contacted with the outcome
TERMS AND CONDITIONS OF TRIAL MACHINE HIRE
In consideration of the Hire Price to be paid by you and the agreements set forth in these Terms and Conditions, THE SLEEPGP PTY LTD trial machine hire agrees to rent you the machine as selected by you. The mask is chosen by you and can be kept after the trial has concluded.
You agree and acknowledge that you are renting a device for a limited time and that ownership of the device at all times remains with The SleepGP PTY LTD.
You agree to pay the trial hire price advertised in full to secure the machine. An additional Security Deposit of $100 OR the value of the hire (if over $100) may be required and must be made prior to postage to enable The SleepGP to release the machine to you. Once the trial is confirmed by paying for the trial and agreeing to these Terms and Conditions you are not entitled to a refund or exchange for the trial price.
You understand that if you wish to cancel the rental of the device you must provide The SleepGP PTY LTD with minimum of 5 days notice prior to the requested hire date. Upon cancellation, you will be entitled to 70% credit of the value of the rental price valid for 3 months from the original hire date.
When choosing “postage” You acknowledge the device will be posted to you on the date agreed upon via Australia Post and the tracking number will be provided to you upon lodgement. A pre-paid return sticker will be included with your package to enable you to return the device. The device return must be lodged at the post office by 4pm on the day the trial ends. Failure to do so and provide a tracking number as proof of lodgement may result in a late fee as described in this agreement being charged if the item does not arrive on time. Any lost/damaged machines in transit where a lodgement receipt cannot be provided will be treated as a damaged/stolen device. The SleepGP cannot be held responsible for any Australia Post delays and it is the responsibility of the customers to check for any shipping delays.
You agree you are responsible for any loss, destructions and damage of the device upon time of collection until the time of return. The device is only deemed returned once The SleepGP receive the device via post in accordance with the Terms and Conditions set forth in this agreement.
You agree that you are liable for any damages to the device, including, but not limited to; breakages, incorrect cleaning will be liable to pay the full Recommended Retail Price of the device or the cost of repairing the damages up to The SleepGP reasonable discretion, whichever is the lesser price. You agree you will be charged for any loss of income due to damages where future Hires are affected.
You acknowledge that cleaning of the machine is included in the Hire Price and agree to return the Item unwashed.
If the device is not returned by the Return Date a late fee of $30 will be charged for each additional day you retain it. If it is not returned by the Thursday immediately following the Hire Date you will be charged the full Rental Fee on top of the original Rental Fee.
You agree that, for insurance purposes, The SleepGP Hire will keep a copy of your Drivers Licence and/or credit card details on file for the duration of the Hire period. The SleepGP reserves the right to take all steps necessary to collect amounts due from you, including but not limited to; legal action and/or using third party collection agencies. You are liable for the cost of the device + any costs incurred by The SleepGP to recover money from you should the device not be returned in accordance with the Terms and Conditions.
You agree your email address will be added to The SleepGP’s exclusive Mailing List. You can unsubscribe from this list at any time.
The SleepGP reserves the right to amend the Terms & Conditions at any time and without notice to you.