Terms and Conditions of Purchase

Binding terms:
You may order goods sold by Original Mattress Factory Pty Ltd (ABN 49116339470), (“our”, “us” or “we”) ("Products") by selecting them and submitting an order through our website ("Site"). The Site includes all web pages under or forming part of the domain name www.omf.net.au. By placing an order for Product(s) through the Site you agree to the terms and conditions set out below ("E-Commerce Terms") in addition to the Terms of Use applicable to the Site.

 

Placing an order:
Any order for a Product placed through the Site is an offer by you to purchase a particular Product for the price shown on the Site at the time you place the order. All orders are subject to confirmation of the availability and the price of each Product. If we revise, or do not confirm the availability or the price of a Product, you may cancel your order for that Product.
You may elect to collect the Product(s) you order, or to have them delivered to a nominated delivery address. A fee may apply for the delivery. Online only/Dropship classified items are not available for pick up.
We provide an estimated delivery or collection timeframe after the checkout processes. We will confirm the actual delivery or collection time after the order has been placed. The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice. We reserve the right to refuse to fill any orders that you may have placed based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

 

Product specifications:
Features and specifications of Products described or depicted on the Site are subject to change without notice. All weights and dimensions mentioned are approximate.

 Pricing:

All Product prices are quoted inclusive of GST. You agree to pay all taxes (including GST) payable in connection with this contract.
Delivery costs will also be charged on orders delivered to you. The delivery fee payable for your order depends on the Product(s) you order, your location and the size of your order.
All charges payable in relation to an order are clearly displayed in the 'Total' during the checkout process prior to placement of an order.


Payment and Payment methods:
We currently accept payment by:

  • cash, Visa, MasterCard, Zip Money, Afterpay, Humm, direct debit, cheque or financing for orders placed in store; and
  • Visa, MasterCard, Paypal, Afterpay, Humm, Zip Money and Hello Clever for orders placed online.

You authorise us to debit the amount that is payable in respect of an accepted order from you in accordance with your nominated payment method.
You must not pay, or attempt to pay, for a Product using any fraudulent or unlawful means.
Your nominated payment method may trigger fraud prevention protocols. In the event that this occurs, we may contact you to confirm additional details, or cancel the transaction.
To the extent permitted by law, we (and our assignees) exclude all liability for any loss or damage suffered or incurred by you (whether directly or indirectly) where a credit card, Paypal or eWay account is used fraudulently or in an unauthorised manner.
We will endeavour to process online payments within a reasonable time. We would typically expect to process payments within five business days.


Acceptance or Rejection of an order:
When you place an online order to purchase Product(s), we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is an acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer and conclude the contract of sale for Product(s) ordered by you, when we have processed your order and issued a sales invoice to you (the "Customer Invoice E-mail").
You consent to receive sales invoices electronically for online orders. Electronic invoices will be emailed to the email address provided by you in relation to the order.
We may reject all or any part of your order without liability to you for that rejection if:

  • a product in that order is not available.
  • there is an error in the price, or the description of the Product posted on the Site.
  • the order triggers fraud prevention protocols; or
  • we believe that to do so is otherwise necessary or expedient.

If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you place the order.
Each order placed for Product(s) through the Site that we accept results in a separate binding agreement between you and us for the supply of those Product(s).
For each order accepted by us, we will supply the Product(s) in that order to you in accordance with these E-Commerce Terms.

Cancelling an order:
We may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

  • a Product in that order is not available.
  • there is an error in the features, specifications or price of a Product posted on the Site for a Product in that order; or
  • we reasonably believe your order has been placed in breach of these E-Commerce Terms.

You may cancel an order (whether it is accepted by us or not) by contacting the store indicated on your Order Confirmation Email during trading hours at any time prior to the dispatch of that order (as notified to you by email).
On cancellation of an order, we will refund your payment to you. If we cannot stop the shipment of the order at the time of cancellation, then you will be required to refuse delivery or return the Product(s) in order to receive a refund.
Any refunds resulting from an order cancellation will be processed in accordance with our Return Policy, which is incorporated by reference into these E-Commerce Terms.

Risk and title:
Title and risk in a Product passes to you on delivery or collection of the Product, as the case may be.

 

Sofas by OMF Terms & Conditions

At Sofas by OMF, we are committed to providing durable, high-quality furniture and excellent customer service. This policy explains our warranties, deposits, refunds, cancellations, financing options, and obligations under the Australian Consumer Law (ACL), as well as proper care instructions for your new sofa. 

 Please note: Our products are sold for domestic use only and are not intended for commercial purposes.  

Deposits 

 To confirm your order, a minimum deposit is required: 

  • Custom Order Sofas (Ala Carte): 50% deposit
  • In-Stock or Incoming Sofas: 30% deposit

 For financing options, see the section below. 

Refunds and Cancellations 

 We understand that circumstances can change, and we strive to make the process simple and fair: 

  • Change of Mind (within 48 hours): Full refund for cancellations made within 48 hours of placing your order. 
  • Cancellations (after 48 hours): 
  • Custom Order Sofas (Ala Carte): Your 50% deposit will be retained. If you have deposited more than 50% of the total price, the excess will be refunded back to you.
  • In-Stock or Incoming Sofas: Your 30% deposit will be retained. If you have deposited more than 30% of the total price, the excess will be refunded back to you.

This policy does not affect your rights under the ACL for faulty or misrepresented goods.  

Finance Options 

We offer flexible financing to help you purchase your sofa over terms of 12, 24, 36 and 50 months (to approved applicants):  

  • Custom Order Sofas (Ala Carte): 30% deposit, regardless of the financing term. 

Australian Consumer Law (ACL) 

 Our policies are in addition to your rights under the Australian Consumer Law (ACL). Under ACL, you are entitled to: 

  • Replacements or refunds for major product failures
  • Repair or replacement for minor defects
  • Compensation for any other foreseeable loss or damage

If your purchase does not meet the guarantees under ACL (e.g., it is not of acceptable quality, fit for purpose, or as described), we will provide a suitable remedy.  

Product Use and Care Instructions 

To ensure the longevity of your sofa, proper care and maintenance are essential. Our sofas are designed for domestic use only, and the following guidelines will help you maintain their appearance and durability. 

 For Fabric Sofas: 

  • Cleaning: Vacuum regularly using a soft brush attachment to remove dust and debris. 
  • Spot Cleaning: Use a mild fabric cleaner or a solution of warm water and mild soap. Test the solution on a hidden area first. Avoid soaking the fabric, and gently blot the area with a clean cloth. 
  • Sun Exposure: Avoid direct sunlight to prevent fading and fabric damage. 
  • Fluffing: Regularly fluff cushions to maintain their shape and comfort. 
  • Rotation: Rotate and reverse loose cushions regularly to ensure even wear. 

For Leather Sofas: 

  • Cleaning: Wipe with a soft, damp cloth regularly to remove dust. Use a leather cleaner specifically designed for your sofa’s type of leather. 
  • Conditioning: Apply leather conditioner every 6-12 months to keep the leather supple and prevent cracking. 
  • Spills: Clean spills immediately by blotting with a dry, soft cloth. Avoid using harsh chemicals or soaking the leather. 
  • Sun and Heat: Keep leather sofas away from direct sunlight, heat sources, and air conditioning vents to prevent drying and cracking. 

 Following these care instructions will help extend the life of your sofa and keep it looking great for years to come.  

Warranty Coverage 

We stand behind our sofas with comprehensive warranties: 

  • Frame: 10-year warranty on sofa frames (excluding Click Clack sofas) 
  • Foam: 5-year warranty on sofa foam 
  • Fabric, Mechanisms, Electronics: 2-year warranty covering fabric, mechanical parts, and electronics

These warranties cover manufacturing defects in materials and workmanship. Normal wear and tear, misuse, or damage caused by improper care or commercial use is not covered. 

 At Sofas by OMF, we are committed to adhering to the protections provided by the Australian Consumer Law (ACL). This section outlines your rights when your sofa experiences major or minor damage, as defined under the ACL. 

What Constitutes Major Damage?  

Under the ACL, major damage refers to issues with your sofa that significantly affect its performance, appearance, or safety, or that cannot be easily fixed. This includes damage that:  

  • Makes the sofa unsafe to use. 
  • Prevents the sofa from performing as expected or fit for the purpose it was purchased for. 

Your Rights for Major Damage: 

If your sofa has a major defect, you are entitled to: 

  • Choose between a replacement or a full refund. 

Here are some scenarios that would likely qualify as major damage within the outlined warranty periods under the ACL: 

  • Structural failure: A broken or cracked sofa frame that compromises its strength and makes the sofa unsafe to sit on. 
  • Severe fabric damage: Large tears, extensive fraying, or fabric that deteriorates rapidly within a short time of purchase. 
  • Mechanism failure in recliners or adjustable sofas: If the reclining or electronic adjustment mechanisms break and cannot be repaired, making the sofa unusable in its intended function. 
  • Foam collapse: If the cushioning or foam sags or loses its shape entirely, making the sofa uncomfortable and unsuitable for sitting, especially soon after purchase. 
  • Electronics malfunction: Serious defects in electronic features (e.g., power recliners or USB ports) that cause the sofa to be unsafe or completely unusable. 

We are committed to resolving major damage issues promptly and ensuring that you are satisfied with your outcome. 

What Constitutes Minor Damage? 

Minor damage under the ACL refers to issues that are less serious and can be easily repaired without major impact on the overall function, safety, or appearance of your sofa. This includes minor defects like: 

  • Minor stitching flaws: A loose or uneven stitch that can be repaired without altering the sofa’s appearance or strength. 
  • Small fabric blemishes: Small stains, minor fading, or loose threads that do not significantly affect the sofa’s look or usability. 
  • Minor mechanical issues: A small issue with a reclining mechanism or an adjustment knob that does not prevent the sofa from being used but needs repair. 
  • Slight cushion wear: Foam that softens slightly over time but does not fully lose its shape or comfort. 
  • Non-critical electronic malfunctions: A minor fault in a non-essential electronic feature, such as a USB charging port, that can be fixed without affecting the core functionality of the sofa. 

Your Rights for Minor Damage:  

For minor defects, Sofas by OMF is entitled to repair the issue within a reasonable time. If the problem can be fixed, we will: 

  1. Repair the damage at no cost to you. 
  2. If we cannot repair the issue within a reasonable period, you may request a replacement or refund. 

At Sofas by OMF, we are committed to your satisfaction and to adhering fully to the Australian Consumer Law. Should you have any questions about our products, warranty, or care instructions, our customer service team is here to assist. Your comfort, satisfaction, and legal rights are our priority.