Term of Sales
Terms and conditions
1. GENERAL INTRODUCTION
1.1 These are the terms and conditions of sale (the "Terms of Sale") which apply to your purchase of products from Lazy Lowie whether through our website, mobile application or separate authorised retailer.
Lazy Lowie products supplied in Indonesia are provided by PT. Lazy Lowie Mattress Group (referred to here as “Lazy Lowie”, "we", "us" and "our"). When we refer to "you" and "your" we mean the purchaser of the product.
As well as these Terms of Sale, other important legal terms are set out in our Returns Policy. By agreeing to these Terms of Sale you also agree to the Returns Policy, all of which forms a legally binding contract between us and you. You should read these Terms of Sale and the Returns Policy carefully before buying anything from the Lazy Lowie website, mobile application or authorised retailer.
The rest of these Terms of Sale is made up of the following sections:
Part 1 – Information about Lazy Lowie and the product
Part 2 – Buying products
Part 3 – Cancelling your order and returning products
Part 4 – General terms relating to our relationship with you.
We reserve the right to change the Terms of Sale and the Returns Policy at any time. Any changes to the Terms of Sale or the Returns Policy will be effective for all new orders placed after the change is published on the Lazy Lowie website or through an authorised retailer. You should check the Terms of Sale and Returns Policy posted on the Lazy Lowie website, mobile application and with any separate authorised retailer before each order – they may have changed since your last visit
If you have any questions about the Terms of Sale, the Returns Policy, Lazy Lowie, the products or separate authorised retailer please contact Lazy Lowie Customer Services via email at info@lazylowie.id or Whatsapp 0812 3743 0471
INFORMATION ABOUT LAZY LOWIE AND OUR PRODUCTS
2. INFORMATION PROVIDED ON THE LAZY LOWIE WEBSITE, MOBILE APPLICATION, OR THROUGH A SEPARATE AUTHORISED RETAILER
2.1 Separate Terms of Use may apply to your use of the Lazy Lowie website, mobile applications and the Terms of Use of separate authorised retailers. By using the Lazy Lowie website or mobile application (whether you purchase products or not) you also agree to be bound by the Terms of Use. In the event of a conflict between these Terms of Sale and the Terms of Use, these Terms of Sale will apply. Please refer to the Terms of Use specific to separate authorised retailers.
2.2 We try to make sure that all information on the Lazy Lowie website, mobile application and through separate authorised retailers, including descriptions of our products and listed prices, are accurate and always correct. However, mistakes do happen. We will try to resolve all errors in information on the Lazy Lowie website, mobile application and through separate authorised retailers as soon as reasonably possible and if we think that such an error has affected your order, we will try to let you know.
2.3 You should bear in mind that buying products online provides a different shopping experience to buying in-store. You should be aware that:
2.3.1 the colours of products as shown on the Lazy Lowie website, mobile application and through separate authorised retailers will depend on many factors – including your display settings;
2.3.2 the sizes and shapes of the products may differ in real life from how they appear on your screen. We provide dimensions and measurements in the descriptions of the product, and it is your responsibility to check that the actual size of each item is suitable for your purpose;
2.3.3 pictures and images on the Lazy Lowie website, mobile application and through separate authorised retailers are for illustration purposes only. For an accurate description of the product, you are considering and details of what is included with the item, you need to read the corresponding written description;
2.3.4 all products are subject to availability, and we may not be able to supply your order. We retain the right to withdraw any product from sale at any time, and our only liability to you for withdrawing any product will be to refund to you any money paid to us in respect of those products which we are no longer able to supply;
2.3.5 we will do our best to deliver your product in accordance with the delivery estimates given online or as advised by Customer Services Dept, but these are only estimates and delivery dates may vary. Delivery estimates through separate authorised retailers may also vary please contact your authorised retailer. Please see Section 10 below for more information about delivery;
2.3.6 not all products and promotions that are offered on the Lazy Lowie website and mobile application will be available through separate authorised retailers, and vice versa. Occasionally, you may find a difference in price. This is likely to be due to either a varying promotion at a separate authorised retailer, or an online promotion. In the event when product price or service fee displayed is different from the actual paid amount, we will honour the lower price. We reserve the right to adjust prices, products and special offers at our discretion.
2.4 We will do our best to check the website and author for viruses, but we do not warrant that the website and systems used by separate authorised retailers are free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the internet.
3. AVAILABILITY
3.1 We have the right at any time to modify or stop providing Lazy Lowie products & services through the Lazy Lowie website, mobile application and separate authorised retailers and to stop selling any or all products & services, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability on the Lazy Lowie website mobile application or through separate authorised retailers.
4. SECURITY
4.1 It is your responsibility to ensure that your login details, password and all other details in relation to your account always remain confidential. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your account is at risk.
5. ELIGIBILITY TO ORDER PRODUCTS
5.1 You may only purchase from Lazy Lowie website, mobile application and separate authorised retailers if you are aged 18 years or over. Although we may sell children's products, these are intended for purchase by adults only. You also require an active email address and telephone number.
BUYING PRODUCTS
6. PLACING YOUR ORDER
6.1 Please refer to the Lazy Lowie website and mobile application regarding placing an order or refer to the separate authorised retailer for information about order placement. Your order constitutes an offer to purchase products from us. Where you order more than one item your order contains a series of offers for each item individually.
6.2 Our Order Confirmation (webpage and email) sets out the final details of your order which you have submitted to the Lazy Lowie website or mobile application. Please refer separately to the Order Confirmation process applicable to authorised retailers.
6.3 The Order Confirmation (webpage and email) contains details of the products you have ordered and the cost of the products. If you have paid for the products and delivery online, it will show these costs. Please refer separately to the Order Confirmation process applicable to separate authorised retailers.
6.4 Please note that the Order Confirmation is simply an acknowledgement that your order has been received by the Lazy Lowie website & mobile application; it does not indicate that we have accepted your order and does not form a binding contract. Please refer separately to the Order Confirmation process applicable to separate authorised retailers.
7. ORDER ACCEPTANCE
7.1 Except as set out in Section
7.2 Below, acceptance of your order will take place only when we dispatch the products to you. Until we dispatch your products no contract will have been formed between you and us.
7.3 In the case of products that are made to order acceptance of your order takes place at the point at which we take payment. Please be aware that different cancellation rights apply to products that are made to order, see our Returns Policy.
7.4 Although we hope to be able to supply all products ordered, we retain the right, at our discretion and without the need to give reasons, not to accept any order at any time before it has been accepted. Should we refuse your order we will notify you as soon as reasonably possible.
8. PAYMENT
8.1 You can pay for your products by any of the methods specified on our Payment and Delivery page. Please refer to payment methods applicable to separate authorised retailers.
8.2 In most cases, we will take payment from your credit card at the time you place your order online. Please refer to payment timing applicable to separate authorised retailers.
8.3 Taking payment does not mean we have accepted your order, and in the event of us not accepting your order, a full refund will be given as soon as reasonably possible (and in any event within 30 days of us advising you that your order has not been accepted). In accordance to this article you agree that we have the right to decline and cancel your order due to, yet not limited to, the indication of misuse of your means of payment or other indication that you have conducted, which according to the Law of Republic of Indonesia is a violation. Any cancellation by reason of as mentioned in this Article, thus we will return your payment in full as soon as the cancellation is done (and within 30 days you will receive a notice from us that your order cannot be proceeded). You agree to accept the cancellation and relieve us from any charges and compensation in any form as a result of this cancellation.
8.4 Unless otherwise stated, all prices shown on the Lazy Lowie website and mobile application are inclusive of VAT. Please refer to the separate authorised retailers to confirm if VAT is included or excluded in the price.
8.5 Except where otherwise set out in these Terms of Sale, the price payable by you for the products is the price given by the Lazy Lowie website, mobile application or separate authorised retailer, at the time you place your order.
8.6 In most cases the delivery fee payable on the Lazy Lowie website & mobile application will be that which is given online, or by Customer Services at the time you confirm your order and we take payment. The delivery fee is calculated according to the weight, size and quantity of your products as well as the destination. However, you agree that we may increase the delivery fee if your order requires multiple deliveries, or if the value of your order or quantity or size of the products to be delivered is such that we reasonably consider that it is appropriate for us to recover (or partially recover) our additional expenses in delivering the products to you. We will always notify you in advance of any change to the delivery fee. At which time you may decide not to continue with your purchase of products and services, but you agree that we may retain your original delivery fee in compensation for the time and expenses incurred for the failed delivery;
8.7 In order to process your order, we ensure that the personal and financial information that you provide is accurate, for that we use a trusted payment system managed by third party (the party who stores your data during the payment process) to ensure that your payment is safe and your personal information and payment are not misused for any fraud activity.
9. PRICING ERRORS
9.1 Whilst we try to ensure that all the prices on the Lazy Lowie website, mobile application and separate authorised retailers are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order.
9.2 If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you by email.
9.3 If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the products, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
10. DELIVERY
10.1 Your products will be delivered as shown on the order confirmation webpage and email confirmation. The amount of postage or the delivery fee will depend entirely on what products you order and where the products are being transported to.
10.2 You agree to make sure that you will be available to accept delivery of the products on the delivery date. If you will not be available, please request a different delivery date as soon as possible via email to Customer Service at info@lazylowie.id or Whatsapp 0812 3743 0471and in any event no later than 48 hours before the planned delivery date. Additional delivery charges will apply if on delivery, there is no-one to receive the products. See 10.3.2.
10.3 Delivery will take place at the delivery address specified by you during the order process, and will be subject to the following conditions;
10.3.1 Although we allow you to specify a different delivery address from your billing address, you are solely responsible for ensuring that we are able to make delivery to this address and that you are available to accept delivery at this address on the delivery date;
10.3.2 Please check the measurements of the products you are buying to make sure there is enough space at the delivery address for delivery to take place. This includes checking that there is suitable access to the delivery address;
10.3.3 If delivery cannot be made due to the nature of the premises, because there is insufficient access or for any reason that is not within our reasonable control (including your absence at the time of delivery), you agree to pay our reasonable additional fees for storage and redelivery, and an administration fee for re-arranging delivery. We will inform you of the cost of these fees as soon as reasonably practicable, and you will have the option of reconfirming your order including the additional fees or cancelling your order. In the event that you cancel your order we will refund the purchase price of the products, but you agree that we may retain your original delivery fee in compensation for the time and expenses incurred for the failed delivery;
10.3.4 On delivery, the delivery document must be signed by you to confirm that the delivery has taken place. This will not affect your right under law to notify us later if you subsequently find defect(s) in your products. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery;
10.3.5 The delivery agents are not required to unpack or construct items as part of the delivery service;
10.3.6 Once the products have been delivered to you, you become the owner of those products and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction; and
10.3.7 If you are not personally available to accept delivery, you may appoint a representative to do so, in your place. The representative must be an adult capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative's instructions as if they were your own.
10.4 Where delivery is being made by our appointed delivery company, we will use our reasonable endeavours to deliver products to your chosen location within the delivery address, provided it is safe and practical to do so, and subject to the following conditions;
10.4.1 You agree to give us in advance as much detail as possible about particular features of the Delivery Address to help ensure the delivery can take place. Please tell us, for instance, whether there will be restricted access or parking for our delivery vehicle, which floor the items are to be delivered to, and whether there are narrow doors or twisting staircases. This information must be provided when we are quoting delivery costs to you, otherwise we retain the right to charge extra delivery costs.
10.4.2 It is important to check that all staircases and lifts providing access are suitable;
10.4.3 If our representative reasonably considers that delivery to the room of your choice is likely to cause damage to the products or to your property, they will inform you and record this concern on the delivery document that you need to sign as an acknowledgement for the notice. You may accept delivery in spite of such concern, but we will not be liable for any damage caused to the products or your property as a consequence of us attempting delivery on your instructions (provided that reasonable care is taken in delivering the products); and
10.4.4 On delivery you will be required to check the condition of the packaging and whether the correct number of packages have been delivered. If there is obvious damage or items are missing or incorrect, you should record this on the delivery document. Missing items will be re-ordered, and damaged/incorrect items will be returned and, subject to these delivery conditions, replaced and delivered free of charge. You must let us know about any damaged, missing and/or incorrect products within a reasonable period of time after you have had an opportunity to inspect the products.
CANCELLING YOUR ORDER AND RETURNING PRODUCTS
11. "MADE TO ORDER" PRODUCTS
11.1 Orders for products that are made to order cannot be cancelled after payment is taken. Once the products have been delivered they can only be returned if they are not of satisfactory quality or reasonably fit for the purpose, and we cannot remedy the fault to your reasonable satisfaction. They cannot be returned simply because of change of mind.
12. "OFF THE SHELF" PRODUCTS
12.1 You may cancel your order for all other products at any time up until we accept your order in accordance with PART 2 - BUYING PRODUCTS of these Terms of Sale.
GENERAL TERMS RELATING TO OUR RELATIONSHIP WITH YOU
13. ABOUT Lazy Lowie
13.1 PT. Lazy Lowie Mattress Group is a corporation organised and existing under the laws of Indonesia. It is the sole appointed Distributor of Lazy Lowie products and services in the territory of Indonesia.
13.2 If you would like more information about Lazy Lowie or want to get in touch with us: Lazy Lowie Mattress Group: info@lazylowie.id or Whatsapp 0812 3743 0471
OUR LIABILITY
14.1 Our entire liability to you under these Terms of Sale and Returns Policy shall not exceed the price paid for the products you have purchased through the Lazy Lowie website, mobile application or separate authorised retailer, provided that we take reasonable care when we deliver the products to you.
14.2 We will not be liable to you for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your order is accepted.
14.3 Despite the limitations in Sections 14.1 and 14.2 above, we do not in any way limit our liability to you for death, personal injury or fraud.
14.4 Where you buy as a consumer, these Terms of Sale and the Returns Policy will not affect your rights under law which cannot be otherwise excluded.
15. WARRANTIES
15.1 Should you discover a manufacturing fault, the warrantee allows you a right to return your Lazy Lowie mattress up to ten (10) years from the date of purchase, subject to certain conditions. Further details of your warrantee rights will be provided alongside the item description on the Lazy Lowie website, mobile application, by the separate authorised retailer and with the products on delivery. These warrantees are in addition to and do not affect your legal rights.
16. EVENTS BEYOND OUR REASONABLE CONTROL
16.1 We will not be responsible for any delay or failure to comply with these Terms of Sale or the Returns Policy if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or products.
17. WAIVER
17.1 If you breach these Terms of Sale or the Returns Policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Sale or Returns Policy.
18. INVALIDITY
18.1 In the event that one or more of the terms set out in these Terms of Sale or in the Returns Policy is held to be invalid by a competent authority or the prevailing laws and regulations in Indonesia, the remaining terms shall continue to have effect and you will still be bound by them.
19. PRIVACY
19.1 Any personal information, such as your contact details, that you provide to us during the order process will be kept and used by us in accordance with our Privacy Policy which is available on our website and mobile application.