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Waterbed Service Excellence shipping Australia wide

Terms and Conditions

This website is owned and operated by Lyle Harbour trading as Lyles Waterbeds. ABN  19 967 351 229

Your access to and use of the information and materials provided on this Website is subject to the terms, conditions, notices and disclaimers contained on this Website, our Privacy Policy and these Terms of Use. We reserve the right to amend these Terms of Use at any time. The most recent version of these Terms of Use can be accessed via our Website.

In these Terms of Use, certain words may have special meanings. The special meanings of such words are set out in the “General” section below.

The Terms of Use are effective until terminated by Lyles Waterbeds and we may end these terms and your access to the website at any time without notice. In the event of termination, you are no longer authorized to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive termination

GENERAL LIMITATION OF LIABILITY

Other than as required under applicable consumer protection law or our Online Guarantee, Under no circumstance will Lyles Waterbeds be liable in any way for any loss or damage caused by a user’s reliance on information obtained through the website, or a users reliance on any product or service obtained from the website. It is the responsibility of the user to check the accuracy, completeness or usefulness of any opinion, advice or other content available through the website, or obtained from a linked website

Subject to our Online Guarantee, all content, products and services on the Lyles Waterbeds website, or obtained from a linked website are provided to you “as is” without warranty of any kind either express or implied including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

This general limitation of liability is not restricted or modified by any of the following specific disclaimers.

SPECIFIC DISCLAIMERS.

(a) Use of information

The information on this website has been compiled for your convenience. We make no warranties about the reliability, accuracy or completeness of any information contained on the website.

(b) Damage to the computer system

We will not be liable to you or anyone else if interference with or damage to your computer system(s) occurs in connection with or during your access and/or use of this website or a linked website.

You must take your own precautions to ensure that this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the computer system(s) with which you have accessed this website.

We do not warrant that your access to the website will be continuous or error-free or that any defects will be corrected.

(c) Changes to website

We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

(d) Access

Under no circumstances (including but not limited to any act or omission on the part of Lyles Waterbeds) will Lyles Waterbeds be liable for any direct, indirect, incidental, special, punitive and/or consequential damages or loss of profits, business interruption or the loss of data or information which results from any use or access of, or any inability to use or access, this website.

(e) Products

The products and services described in this website can be withdrawn or varied on the website at any time and without notice.

Users of this website are expected to make their own independent inquiries or investigations regarding the availability of products in-store.

To the extent permitted by law and subject to our Online Guarantee, liability for a breach of an implied term in relation to goods or services supplied or offered via this website is limited to, at the discretion of Lyles Waterbeds:

the resupply of the goods (or equivalent goods) or services;
the repair of such goods;
the payment of the cost of replacing the goods or acquiring equivalent goods;
the payment of the cost of having the goods repaired; or
in the case of services – the payment of the cost of having the services resupplied.

Please note that available product ranges may vary, and not all items displayed on the website will be immediately available for pickup or delivery , I will advise on expected delivery/collection time frame when I contact you regarding any items purchased online, however it is recommended to contact me regarding the availability of specific products prior to purchase to avoid unexpected delays.

(f) Pricing

Reference to prices on this website may differ to those offered in-store, and act as an indication only of the approximate cost. Prices featured on this website may vary from time to time and they may be subject to change without notice. Where applicable, prices are inclusive of GST.

COPYRIGHT.

The information and material contained in this website is subject to copyright which is owned by Lyle Harbour trading as Lyles Waterbeds.

You are provided with access to this Website only for your personal use, and not for commercial uses.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means commercialize any information, products or services obtained from any part of this website. You may download a single copy of this website and where necessary use this copy as a reference for personal reference only. The information and materials on this website are not provided for professional use.

You must not otherwise adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works, alter, modify, download, broadcast, sell or transfer any information or materials from any part of this website unless it is expressly provided for in these Terms of Use or the website or with the written consent of  Lyles Waterbeds.

TRADEMARKS.

Product and company names other than those owned by Lyles Waterbeds that may be displayed on this website from time to time may be the trademarks of other people or entities and therefore must not be used without the consent of the owner of the trademark.

Nothing contained in the website should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the website without the express written permission of Lyles Waterbeds or any other relevant person or entity.

ONLINE PURCHASES MADE THROUGH THIS WEBSITE

Where you make a purchase through this site, you are bound by these terms and conditions. We do not accept responsibility for delays in delivery due to unforeseen circumstances (e.g. strikes, natural disasters, bush fires etc.). All colours, textures and fabrics of products are reproduced as accurately as possible, however size specifications may differ slightly. Colours and textures may also appear slightly different on this website due to computer picture resolution and individual monitor settings. All orders are subject to availability of stock. Offers which appear on this website will be available until stocks sell out.

An order cancellation may be applicable on any cancelled orders.

We reserve the right:

To cancel any order, at which time we will notify this action by email or phone, using the e-mail address or numbers provided. We will refund the monies paid using the original method received; and to take reasonable steps to verify that the order and your credit details are genuine.

PRICING

All prices appearing on this website are in Australian Dollars and include GST.

LINKED WEBSITES

This website may contain links to linked websites. These links are provided for convenience only. Links to these websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites or of any information, products or services referred to on those other sites, unless expressly stated on this website.

The linked websites are not under the control of Lyles Waterbeds and as such we are not responsible for the contents or accuracy of the information or other material on any linked website, and we give no warranty as to, nor shall we be liable for, the information, products or services contained on a linked website.

GOVERNING LAW

The Terms of Use on this website are governed by and must be construed according to the law applying in Australia. The user irrevocably submits to the non-exclusive jurisdiction of the relevant Australian court, with respect to any proceedings that may be brought at any time relating to this website.

GENERAL

This In this website:

“Lyles Waterbeds” means Lyle Harbour Trading as Lyles Waterbeds (ACN 19 967 351 229) unless otherwise specified in these Terms of Use.
“GST” means any tax imposed by or through the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Linked website” means websites of persons or entities other than Lyles Waterbeds which are hyperlinked from this website.
“Online guarantee” means the guarantee provided by Lyles Waterbeds in respect of any of its beds purchased by a customer.
“Website” means the whole or any part of the web pages located at https://lyleswaterbeds.com.au (including the layout of this website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of this website.)
Nothing contained in these Terms of Use derogates from Lyles Waterbeds right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Lyles Waterbeds with respect to that use.

All rights are reserved. Not to be reproduced without consent.

CUSTOMER REVIEWS.

Reviews shown on this website are generally copied from prominent review platforms such as Google Places or Facebook. Customer reviews are used verbatim except for correction of capitalisation, punctuation and spacing in some instances, which is corrected for consistency and aesthetics. Every effort is made to ensure that the spirit of each review shown,  is maintained as intended. Full names are not used for privacy reasons.
Should you have any questions, comments or concerns about these terms please contact me 0428-384159.
I Love My Waterbed, Its The Best, I Make Sure Yours is Too!
Copyright © 2020 Lyles Waterbeds.  ABN 19 967 351 229