Terms & Conditions

INTRODUCTION

By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

USE OF THE SITE

We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

USER SUBMISSIONS

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

ORDER ACCEPTANCE AND PRICING

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Rocket Internet Malaysia (950035-M), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

TERMS OF USE

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who accepts a quotation of Sleep Synergy for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Sleep Synergy.

"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Sleep Synergy.

"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;

"Goods" means the goods (including any instalment of the goods or any parts for them) which Sleep Synergy is to supply in accordance with a Contract;

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

"Sleep Synergy" means Sleep Synergy Sdn Bhd, a company incorporated in Malaysia under registration number 914673-X.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The supply of Goods by Sleep Synergy to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 Any information made available in Sleep Synergy’s website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Sleep Synergy.

2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Sleep Synergy in its website shall be subject to correction without any liability on the part of Sleep Synergy.

3. Orders and Specifications

3.1 Order acceptance and completion of the contract between the Buyer and Sleep Synergy will only be completed upon Sleep Synergy issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Sleep Synergy shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Sleep Synergy shall furthermore be entitled to require the Buyer to furnish Sleep Synergy with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Sleep Synergy and on terms that the Buyer shall indemnify Sleep Synergy in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by “Company Name” as a result of the modification or cancellation, as the case may be.

4. Price

The price of the Goods and/or Services shall be the price stated in Sleep Synergy’s website at the time which the Buyer makes its offer purchase to Sleep Synergy. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Sleep Synergy in addition to the price.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Sleep Synergy’s website. The terms and conditions applicable to each type of payment, as contained in Sleep Synergy's website, shall be applicable to the Contract.

5.2 In addition to any additional terms contained in Sleep Synergy’s website, the following terms shall also apply to the following types of payment:

5.2.1 Credit Card

Credit Card payment is possible for all Buyers. When the Buyer places an order with Credit Card on the Sleep Synergy website, the transaction is handled by Paypal. This system is certified and allows Sleep Synergy to accept payments such as Visa and MasterCard and. All credit card numbers shall be protected by means of industry-leading encryption standards.

5.2.2 Debit Cards

Sleep Synergy accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.

5.2.3 Online Banking

i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Sleep Synergy’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Sleep Synergy, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

ii. For the time being, Sleep Synergy accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.

5.2.4 SenangPay

Kindly please read these conditions carefully before proceeding to use our online payment gateway service. By using our online payment gateway service, you are automatically in agreement with these terms. If you do not accept all or any of the terms, then you are advised not to use this service. All payments are based on these conditions:

• SenangPay will not accept any liability for payment that is rejected by the right account agency when you keyed in the wrong account number or your personal details are not correct. We also will not accept any liability if your payment is not permitted or rejected by your credit/debit card provider for any reason.

• If your credit/debit card provider rejects your payment, senangPay is not responsible to bring this matter to your attention. You have to check with the bank or with the credit/debit card provider if there is a rejected payment from your account.

• SenangPay, in any condition, will not be responsible for any loss caused by usage, inability of usage, or as a result of usage of this website, any website related to this website, or items or information from all or any of the websites, whether it is based on guarantee, contract, tort, or any law theory and whether informed or not about the possibility of loss/damage.

• Your payment will be accepted by the account agency that you executed the payment to on the same day.

5.3 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to Sleep Synergy, Sleep Synergy shall be entitled to:

5.3.1 Cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

5.3.2 Charge the Buyer interest (both before and after any judgement) on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Sleep Synergy has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Sleep Synergy shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Sleep Synergy has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on Sleep Synergy, to demand performance within a specified time thereafter, which shall be at least 14 days. If Sleep Synergy fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Sleep Synergy’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Sleep Synergy's fault) then without prejudice to any other right or remedy available to the company, Sleep Synergy may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 Terminate the Contract and claim damages.

7. Risk and property of the Goods

7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Sleep Synergy has tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until Sleep Synergy has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Sleep Synergy to the Buyer for which payment is then due.

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Sleep Synergy's fiduciary agent and bailey and shall keep the Goods separate from those of the Buyer.

7.4 The Buyer agrees with Sleep Synergy that the Buyer shall immediately notify Sleep Synergy of any matter from time to time affecting Sleep Synergy’s title to the Goods and the Buyer shall provide Sleep Synergy with any in-formation relating to the Goods as Sleep Synergy may require from time to time.

7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Sleep Synergy shall be entitled at any time to demand the Buyer to deliver up the Goods to Sleep Synergy and in the event of non-compliance Sleep Synergy reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Sleep Synergy but if the Buyer does so all moneys owing by the Buyer to Sleep Synergy shall (without prejudice to any other right or remedy of Sleep Synergy) forthwith become due and payable.

7.7 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

7.8 The Buyer shall indemnify Sleep Synergy against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Sleep Synergy's rights under this condition.

8. Warranties and Remedies

8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

8.2 Subject to this Condition 8, Sleep Synergy warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Sleep Synergy further gives to the Buyer such implied warranties as cannot be excluded by law.

WHAT IS COVERED?

This warranty covers manufacturing defects in your Naturatex mattress. This Limited Warranty is provided to the original purchaser.

HOW LONG IS THE COVERAGE PERIOD?

This warranty coverage runs from the original date of purchase. Repair or replacement of the mattress does not extend its limited warranty or begin a new limited warranty period. Your warranty period is a 10-year pro-rated warranty.

(See chart below)

WHAT WILL SLEEP SYNERGY DO?

If your Naturatex mattress fails due to manufacturing defect, the manufacturer will repair or replace the product.

Sleep Synergy reserves the right to substitute materials or models of comparable quality and does not guarantee that the fabric of the replacement will match the existing piece.

HOW TO GET YOUR WARRANTY SERVICE?

Contact your original Naturatex dealer. Copy of proof of date and place of purchase is required to validate this warranty. All labels must also be intact to identify the bedding and validate this warranty.

WHAT IS EXCLUDED UNDER THIS WARRANTY?

This warranty does not apply to:

• Normal body impressions

• Firmness preference of the product

• Cover (fabric)

• Merchandise sold as “as-is”, “distressed”, “floor model” or “display ser”

• Damage caused by misuse

• Visible indentation of less than 3 cm

This warranty does not apply if the mattress is subjected to obvious abuse or improper care/maintenance such as but not limited to:

• Stains or soil

• Burns

• Inadequate support from weak box springs or improper bed frame (queen and king size must have sufficient center support)

The manufacturer shall not be liable for incidental or consequential damages which result through the use of this product.

This warranty is extended only to the original consumer purchased from Sleep Synergy Sdn Bhd or its authorized dealers:

NO WARRANTY, EXPRESSED OR IMPLIED, ARE EXTENDED TO ANY PERSON WHO PURCHASE THE PRODUCT FROM ANYONE OTHER THAN SLEEP SYNERGY SDN BHD OR ITS AUTHORIZED DEALERS, AND ALL WARRANTIES TO SUCH PERSONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, ARE HEREBY EXCLUDED.

8.2.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to Sleep Synergy within seven days from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Sleep Synergy shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which Sleep Synergy had contracted to deliver.

8.2.3 If the Buyer does not give due notification to Sleep Synergy in accordance with the Condition 8.2.2, Sleep Synergy shall have no liability for any defect or failure or for any consequences resulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to Sleep Synergy in accordance with Condition 8.2.2, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement, Sleep Synergy may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against Sleep Synergy.

8.2.4 When Sleep Synergy has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become Sleep Synergy’s property.

9. Force Majeure

9.1 Sleep Synergy shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Sleep Synergy's obligations if the delay or failure was due to any cause beyond Sleep Synergy's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Sleep Synergy's reasonable control:

9.1.1 Act of God, explosion, flood, tempest, fire or accident;

9.1.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;

9.1.3 Acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;

9.1.4 Import or export regulations or embargoes;

9.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Sleep Synergy or of a third party);

9.1.6 Interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;

9.1.7 Power failure or breakdown in machinery.

9.2 Upon the happening of any one of the events set out in Condition 9.1 Sleep Synergy may at its option:-

9.2.1 Fully or partially suspend delivery/performance while such event or circumstances continues;

9.2.2 Terminate any Contract so affected with immediate effect by written notice to the Buyer and Sleep Synergy shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

10. Insolvency of Buyer

10.1 This condition applies if:

10.1.1 The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

10.1.2 An encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or

10.1.3 The Buyer ceases - or threatens to cease - to carry on business; or

10.1.4 Sleep Synergy reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

10.2If this condition applies then without prejudice to any other right or remedy available to Sleep Synergy, Sleep Synergy shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Buyer and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

11. Notices

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Sleep Synergy, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.

12. Liability

12.1 Sleep Synergy shall accept liability to the Buyer for death or injury resulting from its own or that of its employees' negligence. Save as aforesaid, Sleep Synergy’s liability under or in connection with the Contract shall be subject to the limitations set out in this Condition 12.

12.2 Sleep Synergy shall be under no liability whatsoever where this arises from a reason beyond its reasonable control as provided in Condition 9 or from an act or default of the Buyer.

12.3 In no event shall Sleep Synergy be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or Sleep Synergy had been advised of the possibility of the Buyer incurring the same.

12.4 Where time of performance has been agreed by Sleep Synergy becomes the essence of the Contract by means of notice by the Buyer to Sleep Synergy, as provided for in Clause 6.4, and Sleep Synergy fails to comply with its obligations in due time, so that the Buyer becomes entitled to compensation in accordance with Condition 6.4, Sleep Synergy’s liability shall be limited to an amount of ½% for each full week of delay, in total to a maximum cumulative amount of 5%, of the value of the delayed Goods.

12.5 The remedies set out in Condition 8 are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods or Services and Sleep Synergy’s liability for the same shall be limited in the manner specified in Condition 8.

12.6 Without prejudice to the sub-limits of liability applicable under this Condition 12 or elsewhere in these Conditions, Sleep Synergy’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract, shall not exceed the total Contract price.

12.7 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

12.8 No action shall be brought by Sleep Synergy later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.