Terms & Conditions
Welcome to www.noahome.com (the “Noa Home website”, or “Noahome.com”). Noa Home Australia Pty Ltd. (ABN 87 641 818 242) (doing business as “Noa Home”, “Noa Sleep”, “the Company”), provides website features and other services to you when you visit or shop at the Noa website, use noahome.com Services, or use software provided by Noa in connection with Noahome.com (collectively, “Noahome.com Services”). Noahome.com provides the Noahome.com Services subject to the following conditions. Your use of this website is governed by these conditions of use. Please read them carefully. Your use of Noahome.com Services constitutes your agreement to follow these rules and to be bound by them. Noa Home reserves the right to update or modify these terms and conditions at any time without prior notice. For this reason, we encourage you to review these terms and conditions each time you use this website.
When you use Noahome.com Services or send an email to Noa Home, you are communicating with Noa Home electronically and therefore consent to receiving communications from Noa Home electronically. Noa Home will communicate with you by email or by posting notices on the Noa Home website, or through other Noahome.com Services. You agree that all agreements, notices, disclosures, and other communications that Noa Home provides to you electronically satisfy any legal requirement that such communications be in writing.
Copyrights and trademarks
All content included in or made available through Noahome.com Services—such as text, design, graphics, logos, photographs and images, video, button icons, audio clips and digital downloads—is the property of Noahome.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Noahome.com Service is the exclusive property of Noahome.com and protected by Canadian and international copyright laws. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through Noahome.com Services are trademarks or trade dress of Noa Home, in Canada and other countries. Noa Home’s trademarks and trade dress may not be used in connection with any product or service that is not Noa Home’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Noa Home. All other trademarks not owned by Noa Home that appear in the Noahome.com Services are the property of their respective owners, who may or may not be connected to, or sponsored by Noa Home.
License and access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Noahome.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of Noahome.com Services. This license does not include any resale or commercial use of Noahome.com Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Noahome.com Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Noa Home or its licensors, suppliers, publishers, rights holders, or other content providers. Noahome.com Services, or any part of Noahome.com Services, may NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Noahome.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, videos, text, page layout, or form) of Noahome.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing Noa Home’s name or trademarks without the express written consent of Noa Home. You may not misuse Noahome.com Services. You may use Noahome.com Services only as permitted by law. The licenses granted by Noa Home will terminate if you do not comply with these Conditions of Use.
If you use Noahome.com Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province or country of residence, you may use the Noahome.com Services only with involvement of a parent or guardian. Noahome.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Communications and other content
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do submit material, and unless Noa Home indicates otherwise, you grant Noa Home a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Noa Sleep the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Noa Home for all claims resulting from content you supply.
Risk of loss
Risk of loss and title for items purchased from Noahome.com pass to you upon our delivery to the carrier.
Noa mattress warranty.
Your new Noa mattress is covered by a 15 year Limited Warranty (the “Warranty”) from the date of delivery to your home. This warranty extends to products purchased directly from Noahome.com. Beds, sofas and other home furnishings (other than mattresses) are covered by a one (1) year warranty against manufacturing defects.
All Noa Home limited warranties are not transferable and extend only to the original purchaser.
This Limited Warranty for the Noa mattress only covers the following:
– Visible indentations greater than one (1) inch (2.54cm) resulting from flaws in manufacturing and not from normal wear and tear. Normal wear and tear requires that the mattress be continuously supported by a proper bed frame to support the collective weight of the mattress and its user(s).
– Any physical or structural flaw in the mattress that causes foam to split or crack, despite normal usage and proper handling.
– Any manufacturing defect in the zipper assembly of the mattress cover. Noa Sleep may, at its sole discretion, repair or replace the cover provided on the mattress.
This Limited Warranty for the Noa mattress does not cover the following:
– A normal increase in softness of the foams which does not affect the actual pressure-relieving properties of the product.
– Individual comfort preferences relating to firmness, design, materials and feel.
– Physical and/or structural damages including, but not limited to, stains, burns, tears, cuts, or liquid damage resulting from use by the customer.
– Damage due to use with an inappropriate foundation such as any slats or foundation with greater than 8.5cm between slats or support beams.
– Damage incurred by transportation after initial delivery provided by Noa Sleep.
– Damage resulting from washing or drying the mattress cover.
– Any minor manufacturing flaws to the product or packaging including, but not limited to, cosmetic flaws such as uneven stitching, dented/dirty carton boxes, etc.
– Any warranty claim is only applicable within the country of original delivery by the original purchaser.
Noa Home will, at its sole discretion, determine whether a repair or replacement of a defective mattress is appropriate.
Claims covered under this Limited Warranty may be made by reaching us at email@example.com or +61 2 4050 0260.
Returns, refunds, exchanges and title
For more information on our return and exchange policy, please visit the returns page on our website.
The 120 night trial
The 120 night trial excludes exchanges for alternative sizes. If you wish to exchange your mattress for a smaller/bigger size during the 120 night trial, you will be charged a mattress disposal and delivery fee. Should you exchange your existing mattress for a smaller size, a partial refund will be issued. Should you exchange your existing mattress for a larger size, you will be responsible for paying the difference.
Buyers qualify for a 120 trial return and refund offer for one (1) mattress only (per household address). If an order includes more than one (1) mattress, the customer may only return one (1) mattress. If at least one product is returned from an initial order, that customer or shipping address will not be eligible for additional 120 night trials on subsequent orders of that particular product (i.e. if you return a mattress, you will not be eligible for 120-night trials on future mattress orders). Noa Home does not take title to returned items until the item arrives at Noa Home’s third-party warehousing facilities worldwide.
At Noa Home’s discretion, a refund may be issued without requiring a return. In this situation, Noahome.com does not take title to the refunded item. If you return one or more items from Noa Home, and the discount that you received is greater than the unit price(s) of the item(s) you wish to return, then you will not receive a refund. If the discount that you received is less than the unit price(s) of the item(s) you wish to return, you will be refunded the unit price(s) of the item(s) you wish to return less the discounted amount you received and any International Service Assessment Fees (cross-border fees).
Noa Home reserves the right to refuse selling to any customer. For more information about returns and refunds, please see our FAQ or email us at firstname.lastname@example.org.
Noa Home reserves the right without prior notice to discontinue or change specifications on products and services offered on this website without incurring any obligations. Noa Home cannot guarantee product availability for all products at all times. Estimated back in stock dates are not guaranteed nor confirmed. Customer purchases and orders are fulfilled on a first come, first serve basis.
Shipping and delivery
Noa Home purchases are shipped to customers for free. Deliveries are made by third-party transporters through an arm’s length agreement. The delivery schedule is entirely determined by the local transporter and not Noa Home. Home delivery dates provided on Noahome.com are not guaranteed. Delivery dates and times are entirely subject to availability and scheduling by local transporters and not Noa Home. Noa Home is not responsible for scheduling home deliveries, delayed or late home deliveries and/or the quality of home delivery service. Noa Home is not liable for any issues caused by the third-party transporters.
Noa beds require assembly by the customer. We price our products at the best possible value and leave it to our customer to choose whether they wish to assemble the products themselves or ask for a reference for a service provider who may do so at an extra charge. Should you choose to forego self-assembly and prefer a referral to a general contractor / handy worker / technician , please email us at email@example.com.
Noahome.com attempts to be as accurate as possible. However, Noa Home does not warrant that product descriptions or other content of Noahome.com Services are accurate, complete, reliable, current, or error-free. If a product offered by Noahome.com itself is not as described, your sole remedy is to return it in an unused condition. Noahome.com does its best to display product colours shown on this website as accurately as possible. However, because the colours you see depend on your monitor, Noahome.com cannot guarantee that your monitor’s display of any colour is accurate. Noa Home will not be held responsible for any discrepancies between the colour displayed for any given product on Noahome.com and the actual perceived colour for this product itself.
All prices shown are in Australian dollars and include GST where applicable. Noa Home reserves the right to modify prices at any time and without prior notice. All prices indicated exclude taxes, cross-border fees, delivery, disposal and assembly. With respect to items sold by Noahome.com, Noa Home cannot confirm the price of an item until you order. Noa Home charges your credit card immediately upon placing your order.
International Service Assessment Fees (ISA)
In very specific cases, some customers may be charged an international service assessment fee, otherwise known as a cross-border fee. This fee is, on some occasions, unbeknownst to Noahome.com, charged by the customer’s own credit card issuer and not by Noahome.com. This fee is entirely beyond Noahome.com’s control and is not charged to all customers. For this reason, Noahome.com is unable to determine in advance whether it will be charged and what the amount may be. Duly note that Noahome.com only processes and collects the invoiced amount. In the event of a purchase refund, only the purchase amount will be reimbursed. If an international service assessment fee or cross-border fee was charged, this amount will not be reimbursed in the event of a customer refund, returned purchase and/or cancelled purchase.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. EXCEPT AS STATED HEREIN, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM THE COMPANY IS IN ACCORDANCE WITH COMPANY’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Any dispute or claim relating in any way to your use of Noahome.com Services, or to any products or services sold or distributed by Noa Home or through Noahome.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
Noa Home and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Noa Home and you each waive any right to a jury trial. Noa Home and you also both agree that you or Noa Home may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Noa Home reserves the right to make changes to the Noa Home website, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If you need additional information regarding the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact the Company.