LETTO GENERAL TERMS AND CONDITIONS

You must read carefully and agree with and accept all of the terms and conditions including any credit limit set by Letto and the Privacy Policy before you may trade with Modena CSN Pty Ltd (A.C.N. 619 504 442) trading as Letto.

1. TERMS:

a) These terms and conditions are effective from the date of acceptance by the Customer.

b) These terms and conditions shall without further notice apply to all transactions between Letto and the Customer in relation to sale and purchase of goods.

c) Subject to any Prescribed Terms, these terms and conditions apply to all sales affected by Letto to the exclusion of any terms and conditions contained in any communication from the Customer. Any variation or waiver of these terms and conditions must be expressly amended in writing by Letto.

d) For the avoidance of doubt, none of the terms and conditions contained in any document or other instrument supplied by or on behalf of the Customer shall apply to form part of the Agreement except and to the extent otherwise agreed in writing by Letto.

2. Acceptance of Customers Orders

An Agreement shall only be or be deemed to be have been entered into between Letto and the Customer for the supply of goods when, upon an order having been placed upon Letto for goods, that order has been accepted by Letto. Such acceptances of order may be made and communicated by Letto in writing or by an overt act of acceptance. The provision of this Clause shall apply to every quotation or offer by Letto for the supply of goods.

3. Products

Letto reserves the right to discontinue, replace or change a product or replacement parts without prior notice.

4. Quotations

a) Quotations are to be treated as estimates only and subject to withdrawal, correction or alteration at any time before the acceptance of Customer’s order by Letto.

b) Quotations are provided based on the information the Customer provides and may vary if quantity, materials or delivery date is varied.

c) Minimum orders may apply to certain products.

5. Price of Goods

a) Quotations are to be treated as estimates only and subject to withdrawal, correction or alteration at any time before the acceptance of Customer’s order by Letto.

b) Quotations are provided based on the information the Customer provides and may vary if quantity, materials or delivery date is varied.

c) Minimum orders may apply to certain products.

6. Goods and Services Tax

a) Goods and Services tax will be applicable to all sales and purchases as provided for in Australian taxation legislation and regulations.

b) All prices are quoted in Australian dollars.

7. Insurance

Customer are responsible to effect whatever insurance cover there requires at there expense including public liability insurances.

8. Payment

a) First time customers are must pay their first order on cash on delivery basis.

b) For pre-approved, payment must be made in accordance with the payment terms and date set forth on Letto’s invoice.

c) Payment shall be made immediately unless purchase is made by zip or afterpay and in accordance to their terms and conditions. If the Customer fails to pay on the due date, account keeping fees will be applied.

d) Letto reserves the right to request deposit with orders a pre-approved amount. Deposits maybe necessary to secure orders and work on the order shall not commence until the deposit is received.

e) Time for payment of the price of goods or deposit shall be of the essence of the Agreement and if the Customer fails to pay the purchase price or deposit when due, Letto may treat the Agreement as repudiated or may suspend delivery of goods subject of the Agreement and any goods the subject of any other Agreement with the Customer without incurring the liability whatsoever to the Customer in respect thereof.

f) The Customer acknowledges, and shall not be entitled to withhold payment for any of the following reasons: the making of an insurance claim by the Customer, the making of a warranty claim by the Customer or where the order was made on behalf of a third party and there is a delay of payment.

g) Letto, at its option, may forward any amount not recovered from the Customer by the due date payable under the Agreement to a recovery service. In such case, the Customer will be liable to indemnify Letto for all expenses incurred in recovering any amounts which the Customer fails to pay by the payment due date (including any commission payable to any commercial or mercantile agents and legal costs).

9. Defects

a) The Customer shall inspect the Goods upon delivery and will within twenty-four (24) hours, notify Letto in writing of any defects, short deliveries or any failure to fulfil any quotation or order.

b) The Customer will, within a reasonable time following delivery, grant Letto access to the Goods in order to inspect for any alleged defects.

c) Failure to notify Letto of within the specified period shall deem the Goods to be in compliance with the order and free from defect whatsoever.

10. Returns and Refunds

a) Letto goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Customers are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major fault. For further terms and conditions please see warranties statement.

b) Returns and refunds are not available where the Customer has changed their mind, made a wrong selection or found the goods elsewhere.

c) Goods that customised or modified to suit the specific needs of the customer or user may not be returned.

d) Letto reserves the right to apply a restocking fee of 20%.

11. Capacity to Trade

By agreeing to these terms and conditions, the Customer give personal guarantee that they are capable of trade must operate a legitimate business and be registered in Australia providing a valid ABN and have public liability insurance.

12. Retention of Title

a) All goods supplied will remain the property of Letto and shall not pass to the Customer until full invoice payment together with collection, repossession and/or legal costs have been received by Letto.

b) Letto reserves the right to take possession of the goods if payment cannot be made and in the event the Customer has on-sold the goods prior to final payment, the Customer must remunerate Letto equal to the purchase price in place of the goods.

13. Risk

a) Notwithstanding the ‘Retention of Title’ provisions as per Clause 11 hereof, the risk in Goods sold shall pass to the Customer immediately at the point of delivery to the Customer, or it agent or a carrier nominated by the Customer.

b) If any of the Goods are damaged or destroyed prior to the title passing to the Customer, Letto is entitled, without affecting any other rights and remedies under this agreement, to any insurance proceeds payable for the goods.

14. Cancellation

a) Orders that have been accepted can only be cancelled with the agreement of Letto with or without conditions.

b) Cancellations may incur reasonable liability for costs incurred by Letto up to the time of the cancellation not including, but not limited to, any re-stocking fees incurred by Letto.

15. Delivery

a) Letto will deliver to all States and Territories within mainland Australia and Tasmania using its standard transport road carrier or contracted courier express freight company and will charge a delivery/freight charge per order.

b) The Customer acknowledges that the delivery rates are not fixed for any period of time and may rise from time to time in accordance with industry customs, external influences or according to the rate schedule of independent courier and freight transport contractors.

c) Anytime or date named and accepted by Coda for completion, delivery, dispatch, shipment or arrival of the goods or for tender of any documents is an estimate and does not constitute a condition of the Agreement and is not an essence of the Agreement.

d) Delivery is subject at all times to factors outside our control, holidays, fire, strikes, lockouts, other contingencies and in all cases subject to confirmation or alteration of and when offered, order is accepted by Letto. Letto accepts no responsibility for any loss or damage resulting from any delay however caused.

e) Letto may charge for frustrated delivery to cover Letto’s costs and expenses thereof.

f) Letto reserves the right to deliver the goods by instalments or partial shipments which will be separately invoiced. Requirement of Customer shall not be a condition or of the essence of the contract.

g) The Customer is liable for all chargers arising from failed delivery or re-delivery and expenses associated with delays in loading or unloading, labour to load or unload a vehicle (with same being the responsibility of the Customer).

h) The Customer must advise Letto of loading and unloading facilitates such as availability of forklifts, labourers, loading areas and truck access.

16. Intellectual Property

a) The customer warrants to Letto that all documents provided by the Customer are accurate and that Letto is entitled to use all such documents for the purposes of the Agreement that such use does not infringe any third parties rights.

b) The customer indemnifies Letto against all claims and all losses and damages incurred by Letto as a result of documents, representations or statements made by the Customer to Letto for the purposes of or in the course of supply of the Goods breaching a third parties intellectual property rights.

c) If the customer receives confidential information from Letto, the customer may not use or disclose such information unless it receives the prior written consent from Letto, such information enters the public domain (other than as a result of a breach of this paragraph) or the use or disclosure is required by law.

17. Jurisdiction

These terms and conditions shall be construed in accordance with the laws of the State of Victoria and where applicable the Commonwealth of Australia and any Customer of Letto submit to the non-exclusive right to the jurisdiction of the courts of Victoria. If any of the Terms are invalid, unenforceable or illegal, those terms will be struck out and the remaining terms will remain in force.

18. Force Majeure

Letto is not liable for failure to function as a manufacturer, supplier or perform the Agreement to the extent and for so long as its performance is prevented and delayed because of circumstances outside Letto ’s control, failure or errors occurring by Letto’s machinery or failure by a third party or supplier to Letto.

19. Health and Safety

It is the Customers responsibilities ensure that all applicable health and safety regulations are observed and other appropriate steps are taken in relation to storage, handling and the use of goods and, where information is supplied to the Customer on potential hazards relating to the goods, to bring such information to the attention of its employees, agents, sub-contractors, visitors and Customers.

20. Exclusions Liability

To the extent permitted by law, Letto will have no liability to our purchasers or consumers, however rising and under any cause of action in theory or liability, in respect to special, indirect or consequential damages, loss of profits (weather direct or indirect), goodwill, use, data or other intangible losses resulting from the use of or inability to use goods and service or loss of business opportunity out of or in connection with the supply of goods and services or connection with Letto site.

21. Privacy

Letto will collect, use and disclose personal information in accordance with our Privacy Policy.

22. Change of terms

Letto may be required to change their terms and conditions to reflect our changing business, or required by law, for security reasons or for technical infrastructure reasons. When a change has been made to the terms (including any policy incorporated into these terms) we will post the changes on our website at www.letto.com.au.

23. Indemnity

You agree to indemnify and hold harmless Letto, and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the products, any alleged contravention of these terms and conditions, any alleged contravention of any applicable law or regulation or the rights of a third party.

24. Medical Disclaimer

Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

The customer acknowledges that this Letto products are not medical or chiropractic devices and should seek the advice of a medical practitioner prior to purchasing.
Notwithstanding medical conditions and advice, refunds and returns will not be accepted for medical conditions that do not improve subsequent to purchase of Letto products.

This bed is is designed for residential use only. It is not approved for hospital use and does not comply with hospital standards.

30 NIGHTS COMFORT GUARANTEE POLICY

We are so confident that you will love the comfort of Letto adjustable bed that if within 30 nights you are not completely satisfied, we will refund the cost of your mattress.

Most customers know whether they like the mattress or not within a few weeks of sleeping on it plus that gives enough time for the mattress to break in and for you to get used to it. Naturally, your body needs time to get used to a new mattress and a new feel. Letto mattresses are Medium-Firm and made with a top layer of Gel Memory Foam that provides great comfort and support.

Please note delivery and retrieval fees apply and your mattress must be in original condition. Please see full Terms & Conditions below

Claims on the 30 Nights Comfort Guarantee must be made within 30 nights of purchase. We will not accept any claims that are made outside of this period.
This guarantee does not apply to ex-display, floor stock, second-hand models, online package deals and online promotions.
The mattress must be purchased together with a Letto adjustable bed and not on its own.
Cost for returning the mattress to Letto is at a customer’s expense and must comply with our couriers terms of carriage. These charges and conditions may vary from location to location and will be confirmed by us at your request.
The mattress must be returned in its original condition and be free of damage of any kind. Damage can include, but is not limited to, soiling, exposure to bodily fluids and contamination with any kind of odour such as smoke, animal smells or those from fragrances and cleaning agents.
The decision as to whether a mattress is in a returnable condition is at the sole discretion of Letto.
A mattress protector must be used on the bed at all times otherwise we can not accept a return.
A restocking fee of $200 will be deducted to each mattress refund on the Letto Comfort Guarantee.
Limit of two mattresses refund within the 30 Nights Comfort Guarantee period.
The comfort guarantee applies to mattresses only.
This guarantee is in addition to your legal rights under Australian Consumer Law and does not alter, void or waiver it in any way.

LETTO WARRANTY STATEMENT

You must read carefully and agree with and accept all of the terms and conditions including any credit limit set by Letto and the Privacy Policy before you may trade with Letto.

WARRANTY

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major fault.
The provision of this warranty shall not apply to any product that has been subject to abuse, misuse, neglect or accident. Nor does the warranty apply to any product that has within the warranty period been used for a purpose for which the product has not been designed or which has been repaired or altered in such was as to adversely affect its performance and reliability. Service by an unauthorised source may void the warranty.

WARRANTY PERIOD

For Letto Adjustable Bed Series, the warranty period is strictly ten (10) years for frame welding and frame construction, two (2) year for actuators/ electric motors, handset, control box, mechanical components and other accessories. Letto bed fabric is not covered by this warranty.

For Letto Mattress and Pillow, the warranty period is strictly ten (10) years for memory foam, and one (1) year cover.

Letto warranty coverage applies solely to the individual components or parts of the bed that may need replacement due to defects or malfunction during the warranty period. In order to claim warranty for your product, the bed must be serviced (without exception) every twelve (12) months by a Letto Australia distributor approved technician using only Letto Australia original spare parts.

GENUINE PARTS PROTECT INVESTMENTS

When repairs are needed, using genuine spare parts can help prevent further problems from developing, allowing customers to gain the most value from their original investment.

WHAT ARE LETTO GENUINE SPARE PARTS?

Parts supplied by Letto which are specifically designed for Letto products;
Spare parts that have been tested and verified for safe use on our products; and
Warranted by Letto with a guarantee.

WHY SHOULD I USE LETTO SPARE PARTS?

Genuine Letto spare parts are specific to your model of product with superior
quality at competitive prices;
By using Letto genuine spare parts you can be assured that your products will
be repaired with the same quality as the day it was manufactured; and
Letto offers a genuine spare parts warranty.

Using spare parts from other manufactures may affect your products’ warranty and could
cause an increased risk of failure.
Faulty spare parts shall be returned to Letto at customer expenses. The replacement
part will be replaced only if the returned part is found to be faulty.
Letto spare parts are easily replaced and our warranty do not cover labour charges.
The warranty period commences on the day of actual delivery to the primary purchaser as
reflected by your authorised reseller or distributors invoice provided to you.

TERMS AND CONDITIONS FOR WARRANTY CLAIMS

The following procedure must be strictly adhered to before a Warranty Claim can be
considered:
1. Provide a written statement detailing of how fault was discovered together with
details of how product was handled by user/s. Written statement must be accompanied
by satisfactory proof of purchase and photographic evidence.
2. Letto will determine whether there is a defect, and if so, Letto shall
agree to at its discretion to repair, replace or supply equivalent goods.
3. If Letto determines that there is a fault, Letto will be responsible for
the freight charges associated with the delivery and return of goods or replacement
goods and parts.
4. If Letto determines that the goods that the damage was caused by goods being
mishandled, negligence and Letto requests that the goods be returned, the
purchaser will be responsible for freight charges associated with the delivery and
return of the goods or replacement goods and parts.

CLEANING

Switch off mains power and disconnect the power cord from the electrical outlet before cleaning.

First to remove any dust and dirt.
Mix some lukewarm water with a small amount of dish soap (enough to see some bubbles form).
Using a cloth, gently work the solution into any stains.
For tougher stains, you can use a fabric cleaner spray. Simply apply it to the stain and leave it for a couple of hours. (You should test the fabric cleaner first on a small inconspicuous area of the bed frame to make sure it doesn’t cause any discoloration.)
Once the area is dry (feel free to use a hairdryer to speed up this process), vacuum any residue.

LETTO DELIVERY POLICY

Free shipping on all orders Australia wide except for remote areas. If you are in a remote area you will be contacted if we cannot deliver or if extra shipping costs will be required or if you are required to collect from your nearest depot. In the event that we are unable to deliver directly to your home, one of our support team members will contact you. Free shipping is only valid to destinations within Australia.

Delivery Area

Letto products are delivered via the Australia couriers network and are home delivered where this service exists. 70% to 80% of Australian addresses are covered. However, If you are outside of their home delivery network they will deliver to the nearest transport depot and contact you as soon as available for collection.

Delivery Times

All products purchased on Letto website are usually dispatched within 24 hours after purchased. Your items will be freighted from our warehouses in Melbourne Australia. Delivery anywhere in Australia is normally 2-10 business days.

Returns and Refunds

Letto goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Customers are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major fault. For further terms and conditions please see warranties statement. Returns and refunds are not available where the Customer has changed their mind, made a wrong selection or found the goods elsewhere.