Terms of service

IMPORTANT: YOUR CONSUMER RIGHTS

Nothing in these Terms & Conditions limits, excludes or modifies your rights under the Australian Consumer Law or other applicable consumer protection laws.

You have guaranteed rights when you purchase products that cannot be excluded by any contract or agreement. These include:

  • The right to receive goods that are of acceptable quality, fit for purpose, and match their description
  • The right to a repair, replacement or refund for major failures
  • The right to compensation for any reasonably foreseeable loss or damage

Where these Terms & Conditions attempt to limit rights in a way that conflicts with the law, the law prevails. Where these terms provide you with more generous rights than required by law, those more generous terms apply.

If you have questions about your consumer rights, visit: www.accc.gov.au/consumers

1. ABOUT THE WEBSITE

1.1. Our Service

Welcome to WWW.BEANBAGSRUS.COM.AU (the "Website"). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale (the "Products"). The Website provides this service by way of granting you access to an online ordering and payment system (the "Purchase Services"). The Website may also provide general information and news relevant to the Products ("Information Services").

1.2. Who We Are

The Website is operated by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST (ABN 58 990 571 912).

Contact Information:

1.3. Agreement to Terms

By using, browsing and/or reading the Website, you signify that you have read, understood and agree to be bound by these Terms & Conditions (the "Terms"). If you do not agree with the Terms, you must cease usage of the Website immediately.

1.4. Changes to Terms

We reserve the right to review and change these Terms by updating this page at our sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates. Any changes to the Terms take effect from the date of their publication.

We recommend you keep a copy of these Terms for your records.

2. ACCEPTANCE OF THE TERMS

You accept the Terms by:

  • Accessing or remaining on the Website; or
  • Clicking to accept or agree to the Terms if this option is made available to you in the user interface; or
  • Placing an order for Products through the Website

3. REGISTRATION AND ACCOUNT SECURITY

3.1. Registration Options

To purchase Products, you may either:

  • Register as a user of the Website (becoming a "Member"); or
  • Purchase as an unregistered purchaser ("Guest")

3.2. Information Required

As part of the registration or purchase process, you may be required to provide personal information including:

  • Email address
  • Name
  • Mailing address
  • Telephone number
  • Password (for Members)

3.3. Privacy

We collect, store and disclose your personal information in accordance with our [Privacy Policy] (link to be inserted). By accepting these Terms, you also accept our Privacy Policy.

Privacy Policy Link: [Insert clickable link to Privacy Policy]

3.4. Accuracy of Information

You warrant that any information you provide will always be accurate, correct and up to date. You agree that any correspondence or goods sent to the address you have provided constitutes sufficient delivery.

3.5. Account Security (Members)

If you are a registered Member:

  • You have sole responsibility for protecting the confidentiality of your password and account information
  • You must immediately notify us of any unauthorized use of your account or password
  • You are liable for all activity that occurs using your account credentials
  • Use of your account by any other person is strictly prohibited

Contact us immediately at mrbean@beanbagsrus.com.au if you become aware of any security breach.

3.6. Age and Legal Capacity

You may not use the Purchase Services if:

  • You are not of legal age to form a binding contract in Australia; or
  • You are barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident

4. YOUR OBLIGATIONS AS A USER

4.1. Permitted Use

You agree to:

  • Use the Purchase Services only for lawful purposes that comply with these Terms and applicable laws
  • Not use the Website for any illegal or unauthorized purpose
  • Not collect email addresses of Members for unsolicited communication
  • Not frame or link to the Website without authorization
  • Not engage in any automated use of the Website or its services
  • Not engage in any activity that could damage, disable, or impair the Website

4.2. Commercial Activities

Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from the Website without notice and may result in termination of your access. We will take appropriate legal action for any illegal or unauthorized use of the Website.

5. PURCHASING PRODUCTS

5.1. Product Prices

When you purchase Products through the Website, you agree to pay the purchase price listed on the Website at the time of purchase (the "Purchase Price"). All prices are in Australian Dollars (AUD) and include GST unless otherwise stated.

We reserve the right to change prices at any time, but changes will not affect orders already placed.

5.2. Payment Methods

Payment may be made through the following Payment Gateway Providers:

  • Stripe
  • After Pay
  • Apple Pay
  • Google Pay

By making payment, you agree to be bound by the applicable Terms and Conditions and Privacy Policy of the Payment Gateway Provider.

5.3. Order Confirmation

Following confirmation of payment, you will receive:

  • A receipt confirming payment has been received
  • An order confirmation with order details
  • We may record your purchase details for business records and customer service purposes

5.4. International Shipments

Important Notice for International Customers:

Goods imported to countries outside Australia may be subject to:

  • Import taxes
  • Customs duties
  • Fees imposed by the destination country

These charges are the buyer's responsibility. They typically become due when goods arrive at the destination country. You are responsible for complying with all laws and regulations of the country of destination. We do not have control over or responsibility for these additional charges.

We recommend contacting your local customs office for information about potential charges before placing an international order.

6. RETURNS AND REFUNDS POLICY

6.1. Your Rights Under Australian Consumer Law

Nothing in this returns policy limits your rights under the Australian Consumer Law. You have guaranteed rights to:

  • A repair, replacement or refund for major failures of products
  • Compensation for any reasonably foreseeable loss or damage
  • A remedy if products fail to be of acceptable quality

These rights apply regardless of any change-of-mind return period stated below.

6.2. Change of Mind Returns (Voluntary Policy)

Our voluntary change-of-mind return policy offers:

We may, at our discretion, accept returns and provide refunds within 30 days of purchase where:

  • The Product packaging is unopened
  • All labels (including brand and warning labels) remain attached and intact
  • The product remains in resaleable condition
  • You provide proof of purchase

You are responsible for:

  • Return shipping costs
  • A 10% restocking fee (deducted from any refund)
  • Original shipping costs (not refunded, even if "Free Shipping" was offered)

To initiate a change-of-mind return:

  1. Complete our online return form (available at [insert link])
  2. Receive your tracking number
  3. Ship the product back at your cost
  4. Include a signed letter stating the reason for return and your original receipt

6.3. When Change-of-Mind Returns Are Not Available

We do not accept change-of-mind returns if you:

  • Change your mind about the purchase or received it as an unwanted gift
  • Decided the size is unsuitable after purchase (all dimensions are provided on product pages)
  • Believed a bean bag cover included filling when the product page clearly states filling is sold separately
  • Have opened the packaging, used the product, or removed labels
  • Have damaged the product through lack of maintenance, misuse, or abnormal handling
  • Failed to read the product information provided
  • Ordered an incorrect quantity or product (unless this was our error)
  • See the product advertised at a lower price after purchase

Pre-Order Products: Due to the custom manufacturing nature of pre-orders, we cannot accept change-of-mind returns on pre-order items. However, all Australian Consumer Law guarantees apply to pre-order products.

Sale Items: While we do not accept change-of-mind returns on sale items, all products sold during sales periods are fully covered by the Australian Consumer Law guarantees and our warranty policy (Section 7).

Bean Bag Filling / "Bag of Beans": Due to hygiene and safety reasons, we cannot accept returns on bean bag filling once the packaging has been opened.

6.4. Defective Products and ACL Rights

This section covers your statutory rights for defective, faulty or misrepresented products.

If you receive a product that:

  • Has a manufacturing defect
  • Is not of acceptable quality
  • Does not match the description
  • Is not fit for its intended purpose
  • Has a major failure

You are entitled to:

  • A repair, replacement, or refund (your choice for major failures)
  • Compensation for reasonably foreseeable loss or damage

These rights apply:

  • Regardless of whether you've opened the packaging
  • Beyond our 30-day change-of-mind period
  • For as long as the product would reasonably be expected to last
  • Even for sale items, pre-orders, and discounted products

To make a claim for a defective product:

  1. Contact us at mrbean@beanbagsrus.com.au with:
    • Proof of purchase
    • Description of the defect
    • Photos/videos if applicable
  2. We will assess the claim and respond within 5 business days
  3. We will arrange remedy (repair, replacement, or refund) at no cost to you
  4. We will cover return shipping for defective products

6.5. Out of Stock / Unable to Supply

If we accept your order but cannot supply the product within a reasonable timeframe, we will provide a full refund including shipping costs.

6.6. Goods Sent in Error

If we send you goods in error, please contact us within 14 days at mrbean@beanbagsrus.com.au. We will arrange collection at our cost.

If you wish to keep the goods sent in error, we will send you an invoice for the goods at the current retail price, which you may choose to pay. Under Australian Consumer Law, you are not obligated to return unsolicited goods, however we appreciate your cooperation.

7. WARRANTY

7.1. Australian Consumer Law Guarantees

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to:

  • A replacement or refund for a major failure
  • Compensation for any reasonably foreseeable loss or damage
  • Have the products repaired or replaced if they fail to be of acceptable quality

These rights:

  • Cannot be excluded by any warranty terms
  • Last for as long as goods would reasonably be expected to last
  • Apply to all products regardless of sale price or discount

7.2. Our Voluntary Warranty

In addition to your ACL rights, we provide a voluntary warranty:

We warrant our products against material defects and faulty workmanship for 12 months from the date of purchase (the "Warranty Period").

Important: This 12-month voluntary warranty period does not limit your rights under the Australian Consumer Law. For durable goods like furniture, you may be entitled to remedies for defects that appear beyond 12 months, depending on factors including:

  • The nature of the goods
  • The price paid
  • Any representations made about durability
  • How long goods of that type would reasonably be expected to last

7.3. Making a Warranty Claim

To make a warranty claim, contact us at mrbean@beanbagsrus.com.au with:

  • Proof of purchase showing the date of purchase
  • Description of the product
  • Description of the defect or problem
  • Photos or videos of the issue

We will respond within 5 business days.

7.4. Warranty Remedies

If we accept your warranty claim, we will, at our discretion:

  • Repair the defective product
  • Replace it with a new or remanufactured equivalent
  • Provide a refund

For warranty claims: You are responsible for shipping costs to return the product to us. If the claim is accepted as a valid warranty issue, we will reimburse reasonable return shipping costs or provide a prepaid return label.

7.5. Product Care and Maintenance

To maintain your warranty coverage, products must be used and maintained according to provided instructions.

We do not warrant products against:

  • Normal wear and tear
  • Damage from lack of proper maintenance
  • Misuse, abuse, or abnormal handling
  • Damage from failure to follow care instructions

Outdoor Products: We strongly recommend using outdoor protective covers when products are not in use. This applies even for products in covered areas. Covers are essential for products in full weather exposure. Damage due to prolonged exposure to weather, sun, rain, hail, or immersion in water is not covered by this voluntary warranty (ACL rights still apply).

7.6. Warranty Exclusions

The following are excluded from our voluntary warranty (ACL rights remain):

Safety-Related Exclusions:

  • Products are not suitable for children under 12 months of age
  • Bean bags are not toys; children should not be permitted to climb inside a bean bag
  • Bean bags contain small beads that are dangerous if swallowed or inhaled
  • Pool bean bags are not lifesaving devices
  • Outdoor bean bags are not suitable for immersion in water

Maintenance-Related Exclusions:

  • Damage from mold or mildew due to failure to clean or maintain products
  • Dog beds: Bite and scratch damage (dog beds are resilient but not bite-proof)
  • Damage from machine washing products marked "non-machine washable"

Misuse-Related Exclusions:

  • Damage from excessive force on childproof zippers (instructions provided with products)
  • Damage from excessive force on Velcro fasteners
  • Micro-suede material: Color transfer to light-colored walls, carpets or rugs (micro-suede is not colorfast)
  • Damage to floors, floor coverings, walls and furniture from product use (e.g., scratching from zippers)
  • Damage from unauthorized modifications or third-party work (screen printing, heat transfer, etc.)
  • Use with uncertified third-party products (e.g., ultra-low noise filling or shredded foam in products designed for standard filling)
  • Removal of brand labels or warning labels automatically voids this voluntary warranty (labels are required for safety and authenticity verification)
  • Products filled with shredded foam when designed for bean bag filling (unless otherwise specified.
  • Pocket Misuse: Pockets are not handles. Pockets on pool bean bags (including the Costa model) are designed for storage of small personal items only and are not designed to support the weight of water-filled bean bags, which can exceed 100 kilograms. Using pockets as handles to lift or carry water-filled bean bags will cause tearing and may result in personal injury. Damage to pockets resulting from misuse as handles is excluded from this voluntary warranty.

Note: These exclusions apply to our voluntary warranty. They do not affect your rights under the Australian Consumer Law for defects present at the time of purchase or arising from our failure to meet consumer guarantees.

8. DELIVERY

8.1. Delivery Services

Our Purchase Services integrate delivery through third-party delivery companies (the "Delivery Service Providers"). We facilitate your interaction with these providers but they operate independently.

8.2. Our Delivery Responsibility

Under Australian Consumer Law, we remain responsible for ensuring goods reach you in acceptable condition,even when using third-party delivery services.

If goods are lost or damaged in transit:

  1. Contact us first: Email mrbean@beanbagsrus.com.au with:
    • Your order number
    • Description of damage or issue
    • Photos if applicable
  2. We will work with the carrier to investigate and resolve the issue
  3. You may also contact the Delivery Service Provider directly if you prefer

8.3. Delivery Options and Insurance

We offer various delivery and insurance options through Delivery Service Providers. The availability of options depends on your location and the products ordered.

We recommend considering insurance for valuable shipments.

8.4. Delivery Scheduling

We do not control delivery scheduling or routes. Multiple shipments may not arrive at the same time. Check tracking information from the Delivery Service Provider for estimated delivery dates.

We cannot provide additional tracking information once shipments are in transit.

8.5. Authority to Leave

If you authorize delivery to be left unattended at an address, or if a third party at the shipping address signs for the products, you acknowledge this is at your risk. However, this does not affect your rights under the Australian Consumer Law if products are damaged or fail to arrive.

8.6. Missing Parcels

For parcels shipped via Australia Post that are lost for at least 30 days, we may, at our discretion and on a goodwill basis, elect to re-ship a duplicate order.

Claims for missing parcels or non-delivery must be made within 90 days of the stated delivery date.

8.7. Delivery Timeframes

While we endeavor to meet estimated delivery timeframes, delays may occur due to factors beyond our control. We will notify you of any significant delays.

If delivery is significantly delayed beyond the agreed timeframe, you may have rights under the Australian Consumer Law to cancel the order and receive a refund.

9. COPYRIGHT AND INTELLECTUAL PROPERTY

9.1. Ownership

The Website, the Purchase Services, and all related content are subject to copyright. The material on the Website is protected by copyright under Australian laws and international treaties.

Unless otherwise indicated, all rights (including copyright) in the website content and compilation (including text, graphics, images, logos, button icons, video images, audio clips, software, and design) (the "Content") are owned or controlled by us and are reserved.

9.2. Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms.

Nothing you do on or in relation to the Website transfers to you:

  • Any business name, trading name, domain name, trademark, patent, or copyright
  • The right to use or exploit any intellectual property
  • Any system or process that is the subject of intellectual property rights

9.3. Restrictions

You may not, without our prior written permission:

  • Copy, reproduce, republish, upload, transmit, distribute, or publicly display any Content
  • Modify, adapt, or create derivative works from the Content
  • Use the Content for commercial purposes
  • Deep-link to the Website (you may hyperlink to our homepage with permission)

We may request removal of hyperlinks at any time and you agree to promptly comply.

9.4. User-Generated Content

If we allow you to post content on the Website:

  • You grant us a license to use, reproduce, and display that content
  • You warrant that you have the rights to grant this license
  • You agree not to post content that is defamatory, illegal, or infringes intellectual property rights

10. INFORMATION SERVICES

We may provide Information Services via the Website, including:

  • Blogs
  • News and updates
  • Product guides
  • Frequently asked questions

This content is for information only. We make no warranty or representation as to the accuracy of information provided and undertake no obligation to ensure information is current.

If third parties are mentioned in the Information Services:

  • We do not warrant they can provide the goods or services mentioned
  • We do not warrant we are affiliated with them
  • Mention does not constitute endorsement

11. PRIVACY AND DATA PROTECTION

We take your privacy seriously. All information provided through your use of the Website and Purchase Services is subject to our Privacy Policy.

Privacy Policy: [Insert clickable link]

By accepting these Terms, you also accept our Privacy Policy.

11.1. Data Collection

We collect personal information necessary to process your orders and provide customer service. This may include:

  • Contact information (name, email, phone, address)
  • Payment information (processed securely through payment gateways)
  • Order history and preferences
  • Website usage data (cookies, analytics)

11.2. Marketing Communications

If you opt in to marketing communications, you may unsubscribe at any time by:

  • Clicking "unsubscribe" in any marketing email
  • Contacting us at mrbean@beanbagsrus.com.au
  • Managing preferences in your account settings

11.3. Data Security

We implement reasonable security measures to protect your personal information. However, no internet transmission is completely secure. You use the Website at your own risk regarding data security.

12. THIRD-PARTY SERVICES AND LINKS

12.1. YouTube Content Integration

When you use our Website to access content from YouTube, you agree to and must comply with the YouTube Terms of Service.

YouTube Terms: https://www.youtube.com/t/terms

These Terms govern your use of YouTube content and services accessed through our Website.

12.2. Third-Party Links

Our Website may contain links to third-party websites. We are not responsible for:

  • The content of third-party websites
  • The privacy practices of third parties
  • Any transactions with third parties

Links do not constitute endorsement. You access third-party websites at your own risk.

13. DISCLAIMERS

13.1. General Limitations

Subject to the Australian Consumer Law (which cannot be excluded):

We do not make any terms, guarantees, warranties, representations or conditions regarding the Products other than those expressly provided in these Terms and as required by law.

13.2. Product Representation

We make every effort to ensure products are accurately depicted on the Website. However, you acknowledge that:

  • Sizes, colors, and packaging may differ slightly from images due to screen settings, lighting, and manufacturing variations
  • Actual colors and designs may vary slightly from representations
  • We will not accept returns solely based on minor color or design variations that are not faults

By purchasing, you accept minimal risk of slight variation between actual products and website representations.

13.3. "As Is" Provision

Subject to Australian Consumer Law guarantees (which cannot be excluded), the Website, Information Services, Purchase Services, and Products are provided "as is" and "as available" without warranty of any kind.

13.4. Limitation of Liability for Permitted Matters

To the extent permitted by law (and subject to ACL guarantees):

We will not be liable for:

  • Special, indirect, or consequential loss or damage (unless reasonably foreseeable)
  • Loss of profit or business opportunity
  • Damage to goodwill
  • Failure of performance, interruptions, delays, or technical failures
  • Third-party conduct or unauthorized access
  • E-commerce transaction failures (except where caused by our breach)

This does not limit our liability for matters that cannot be excluded under Australian Consumer Law.

13.5. Liability Cap for Permitted Matters

To the extent permitted by law, our total liability for any claim will not exceed:

  • The purchase price of the product(s) involved in the claim; or
  • The cost of resupplying the product or service

This does not limit our liability under the Australian Consumer Law for defective products or failure to meet consumer guarantees.

14. INDEMNITY

You agree to indemnify us, our affiliates, employees, and agents from and against all:

  • Actions, claims, demands, and liabilities
  • Costs, expenses, loss and damage (including legal fees)

Arising from:

  • Your breach of these Terms
  • Your misuse of the Website or Purchase Services
  • Content you post through the Website
  • Your violation of any law or third-party rights

15. COMPLAINTS AND DISPUTE RESOLUTION

15.1. Complaints Process

If you have a complaint about our products or services:

Step 1: Contact us at mrbean@beanbagsrus.com.au

  • Provide your order number and detailed description of the issue
  • We aim to respond within 2 business days
  • We aim to resolve complaints within 14 days

Step 2: If not resolved, escalate to:

  • Our Customer Service Manager at [insert email if different]

Step 3: External Resolution Options:

If your complaint is not resolved internally, you may contact:

15.2. Formal Dispute Resolution

If a dispute cannot be resolved through the complaints process:

Compulsory Pre-Litigation Steps:

Before commencing legal proceedings (except for urgent interlocutory relief), parties must:

  1. Notice: The party claiming a dispute must give written notice to the other party detailing:

    • Nature of the dispute
    • Desired outcome
    • Action required to settle

  2. Negotiation: Within 14 days of receiving notice, parties must:

    • Endeavor in good faith to resolve the dispute
    • Consider negotiation or other mutually agreed resolution methods

  3. Mediation: If unresolved after 21 days:

    • Parties must agree upon selection of a mediator
    • Parties are equally liable for mediator fees and venue costs
    • Each party pays their own costs for legal representation
    • Mediation will be held in Queensland, Australia

  4. Confidentiality: All dispute resolution communications are confidential and treated as "without prejudice" negotiations

  5. Termination: If the dispute remains unresolved after one day of mediation, either party may ask the mediator to terminate the mediation

15.3. Consumer Rights

Nothing in this dispute resolution process limits your right to:

  • Seek assistance from consumer protection agencies
  • Lodge complaints with regulators
  • Take action in a court or tribunal in your state or territory of residence

16. GOVERNING LAW AND JURISDICTION

16.1. Governing Law

These Terms are governed by the laws of Queensland, Australia.

16.2. Jurisdiction

Disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

However, consumers may bring proceedings in a court or tribunal in their state or territory of residence in accordance with the Australian Consumer Law and relevant jurisdictional rules.

16.3. International Customers

International customers should be aware that:

  • Australian Consumer Law may not apply to purchases delivered outside Australia
  • You may be subject to consumer laws in your jurisdiction
  • You should seek independent advice about applicable laws

17. TERMINATION

17.1. Your Right to Terminate

You may terminate these Terms at any time by:

  • Notifying us in writing at mrbean@beanbagsrus.com.au
  • Closing your account (if you are a registered Member)
  • Ceasing to use the Website and Purchase Services

17.2. Our Right to Terminate

We may terminate these Terms or suspend your access if:

  • You breach any provision of these Terms
  • We are required to do so by law
  • A partner providing services ceases their relationship with us
  • We discontinue providing services in your country
  • Provision of services to you is no longer commercially viable
  • Your conduct impacts our reputation or violates others' rights

We will provide reasonable notice where practicable.

17.3. Effect of Termination

Upon termination:

  • You must cease using the Website and Purchase Services
  • Outstanding obligations remain in effect (e.g., payment for orders placed before termination)
  • Warranty obligations for products already purchased continue
  • Provisions intended to survive termination remain in effect (indemnities, limitations of liability, intellectual property)

17.4. Orders in Progress

Termination does not affect:

  • Orders already placed and paid for (these will be fulfilled)
  • Your rights regarding products already purchased
  • Our obligations under warranty or Australian Consumer Law

18. FORCE MAJEURE

18.1. Definition

Neither party shall be liable for failure or delay in performance caused by events beyond reasonable control (a "Force Majeure Event"), including:

  • Acts of God, natural disasters, floods, fires, earthquakes
  • Pandemics, epidemics, quarantine restrictions
  • War, terrorism, riots, civil commotion, acts of government
  • Strikes, labor disputes, embargoes
  • Failure of utilities, transportation, or telecommunications
  • Any other event beyond the party's reasonable control

18.2. Notification

The party affected by a Force Majeure Event shall:

  • Promptly notify the other party in writing
  • Provide reasonable details of the situation
  • Use reasonable efforts to minimize impact
  • Resume performance as soon as reasonably possible

18.3. Suspension of Obligations

Performance obligations are suspended for the duration of the Force Majeure Event. The affected party shall not be liable for damages, losses, or expenses incurred due to the Force Majeure Event.

18.4. Extended Force Majeure

If a Force Majeure Event continues for 30 days or more, either party may terminate affected orders or agreements upon written notice, without liability for termination (subject to refund obligations for undelivered products).

18.5. Consumer Rights

This Force Majeure clause does not limit consumer rights under the Australian Consumer Law. If we cannot deliver products within a reasonable timeframe due to Force Majeure, you are entitled to cancel the order and receive a refund.

19. GENERAL PROVISIONS

19.1. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding use of the Website and Purchase Services.

19.2. Severability

If any provision of these Terms is found to be void or unenforceable by a court of competent jurisdiction:

  • That provision shall be severed
  • The remaining provisions shall remain in full force and effect
  • The severed provision shall be replaced with an enforceable provision that achieves the original intent as closely as possible

19.3. Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by our authorized representative.

19.4. Assignment

You may not assign or transfer these Terms or any rights under them without our written consent. We may assign these Terms without restriction.

19.5. No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as required by law.

19.6. Headings

Section headings are for convenience only and do not affect interpretation.

19.7. Independent Legal Advice

You acknowledge that you have had the opportunity to seek independent legal advice regarding these Terms before accepting them.

19.8. Language

These Terms are drafted in English. If translated, the English version prevails in case of discrepancy.

20. PRODUCT SAFETY INFORMATION

20.1. Age Restrictions

WARNING: Products are not suitable for children under 12 months of age.

Bean bags are not toys. Children should be supervised and not permitted to climb inside bean bags due to suffocation risk.

20.2. Choking Hazards

DANGER: Bean bags contain small, lightweight polystyrene beads that are dangerous if swallowed or inhaled. Children, adults, and pets may suffocate, causing serious injury or death.

  • Never allow children to access the filling
  • Keep zippers securely closed
  • Ensure childproof zippers are properly operated (instructions provided)
  • Immediately clean up any spilled beads

20.3. Pool and Water Safety

WARNING: Pool bean bags are NOT lifesaving devices. They are not designed or suitable for use as flotation devices.

Outdoor bean bags are not suitable for full immersion in water and should be removed from pools when not in active use.

Always supervise children around water and pool furniture.

20.4. Outdoor Use

Outdoor products should be:

  • Covered when not in use (we strongly recommend protective covers)
  • Protected from prolonged exposure to harsh weather
  • Brought indoors or covered during storms
  • Regularly cleaned and maintained to prevent mold/mildew

20.5. Pet Products

Dog beds are resilient but not bite-proof. Supervise pets to prevent damage.

20.6. Care Labels

Do not remove care labels or warning labels. These provide important safety information and care instructions. Label removal may void warranty coverage.

20.7. Color Transfer Warning

Micro-suede material is not colorfast. Avoid placing micro-suede products against or near light-colored walls, carpets, or rugs as color transfer may occur.

21. DEFINITIONS AND GLOSSARY

To help you understand these Terms, here are definitions of key terms:

  • ACL / Australian Consumer Law: Consumer protection laws that provide guaranteed rights when you purchase goods and services
  • Change of Mind Return: A voluntary return accepted at our discretion when you no longer want a product (not due to defect)
  • Consumer Guarantee: Automatic guarantees under Australian Consumer Law that goods will be of acceptable quality, fit for purpose, and match description
  • Major Failure: A defect so serious that you would not have bought the product if you'd known about it, or the product is substantially unfit for its normal purpose
  • Minor Failure: A defect that does not amount to a major failure
  • Reasonable Durability: How long goods of that type would reasonably be expected to last, considering the nature, price, and any representations made

22. CONTACT INFORMATION

Bean Bags R Us Pty. Ltd. ATF Universal Imports Trust

Business Hours: Monday to Friday 10:00am - 4:00pm

For all inquiries including orders, complaints, warranty claims, and general questions, please contact us at the email above.

Worldwide Shipping

Shipped From Australia

Returns Policy

Read our returns policy

Customer Service

Contact our friendly team

© 2025 Bean Bags R Us. All rights reserved.

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