Terms of service

Welcome to a good night’s sleep

You have found us at our website www.koala.com. We are Koala Inc., a Delaware corporation, but you can call us Koala. In these Terms we also call ourselves “we”, “us” and “our” and we refer to you as … you guessed it, “you” or “your”. These Terms only apply to persons located in the United States or who are otherwise using our US website. If you are located elsewhere, different Terms may apply, and the contracting party may be an affiliate of ours. 

Using our site and doing business with us

These Terms and Conditions (“Terms”) cover and include each of the following:

• your use of our website (“Website Terms”);
• the sale of our products to you (“Terms of Sale”);
• any other matters, including promotions, we post Policies for on our website; and
• our general terms (“General Terms”).

These Terms are our “rules” for using this website and shopping with us. We want you to read them carefully before using our website and purchasing products from us. By accessing or using any part of our website or offering to purchase or purchasing any of our products or participating in any of our promotions, competitions or rewards and providing any of your personal information to us, you agree to our Terms.

When do our Terms apply to you?

Our Website Terms apply to anyone who accesses our website, including our customers, suppliers, advertisers, service providers and anyone else who just wants to check us out online. 

Our Terms of Sale apply to anyone who purchases our products or who makes an offer to purchase our products.

Our General Terms are the terms our lawyers made us write that apply to all of the above!

Our Privacy Policy applies whenever we collect personal information about you. 

Changes to our Terms

Nothing ever stays the same. From time to time, we will make changes to our Terms and may include additional terms (for example, special terms for specific products, events, promotions, competitions or rewards). We notify you of these changes by updating the Terms on our website. You should regularly check these Terms to make sure you are familiar with the latest version, especially when you plan to purchase products from us or provide your personal information to us. Changes that we make to our Terms will not affect any Orders that we have accepted.

Have you got any questions?

Please send your questions about these Terms to gday@koala.com If you are concerned about or do not agree to any of our Terms, please do not access our website, purchase products from us or provide your personal information to us until you have resolved your concerns.

Website Terms

Welcome to koala.com. You may have found us by typing our URL into your browser or you may have been redirected here from another website. Whatever route you took to get here, now that you are here, we would love you to stay and look around, but before you do so, there are a few terms and conditions that you need to read because you will be bound by our Website Terms if you continue to use our website. 

Our Website Terms apply to anyone who accesses our website, including our customers, suppliers, advertisers, service providers and anyone else who just wants to check us out online. We reserve the right to update these Website Terms at any time by updating them on this website. 

First things first - your privacy

We collect personal information about you when you visit our website, sign up to our newsletter, communicate with us through our website chat bot, purchase or offer to purchase products from us, respond to one of our promotions, competitions or rewards, when you contact us by email, telephone or letter or connect with us from other social media applications, services or websites and for purposes otherwise set out in our Privacy Policy at www.koala.com. 

We may disclose that information to third parties that help us run our website and supply products and services to you (including information technology suppliers, communication suppliers, freight handlers and our business partners) or as required by law. If you do not provide this information, we may not be able to supply our products or services to you or assist you with any enquiries, complaints, refunds, repairs, or replacement products or allow you to participate in our promotions, competitions and rewards. We may also disclose your personal information to recipients that are located outside of the United States, including to third party service providers, such as cloud hosting providers, backup and storage providers and other providers who work with us so we can provide you with an online shopping experience.

Our Privacy Policy explains:

• how we store and use, and how you may access and correct your personal information; 
• how you can make a complaint regarding the handling of your personal information
• how we will handle any complaint. 

If you would like any further information about our privacy policies or practices, please contact us at gday@koala.com

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms. 

Our house rules (aka our ‘acceptable use policy’)

Our website is our home. When you visit our website, you are our guest and like any home, a few house rules apply. These rules are designed to protect you, protect us, and protect our other guests.

It’s pretty simple: don’t break the law, respect our property and the property of others and respect the personal information and reputation of all. To give you a few examples, this means that you will not and will not encourage or facilitate anyone else to: 

• do anything illegal through our website or when accessing our website;
• hack into our systems, introduce malicious code or use our website as a platform for causing disruption to our systems or anyone else's systems or property;
• attempt to alter the performance, functionality, information or content of our website;
• use our website to annoy, defame, offend or harm us or anyone else;
• attempt to access any data which you are not authorized to access;
• copy, reuse or otherwise exploit any intellectual property on our website; or
• provide us with inaccurate, incomplete or misleading information.

If you break our house rules, you will no longer be welcome at our home. This means your right to access our website will end and we may prevent you from returning. We may also report your activity to any relevant law enforcement authorities and disclose your identity to them.

User accounts

Some parts of our website might require you to register for an account. When you register, you’ll be asked to set a username and password for the account. You agree to treat the password like the key to your own house—that is, you can’t transfer or share that password. If you think anyone else has accessed your account, you agree to tell us right away. You are responsible for all activity under your account.

Age of majority

When you use our website, you are telling us that you have reached the age of majority in your jurisdiction. 

Restricting access

Our website is our home and like all homeowners, we are entitled to decide who can visit, for how long and we may ask a visitor to leave if they have overstayed their welcome. This means we reserve the right to restrict, suspend or terminate without notice your access to our website, any content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

If we believe that your user account has been misused by you or anyone else, we may delete your account including any order or payment information stored in it.

Personal use only

Our website is our home. You are welcome to visit us to check out what we sell and to purchase our products. But you can’t hold your own parties here or try to sell your own products from our front yard. This means our website is for your personal use only and you may not access or use our website for any commercial purpose. 

We respect the privacy of all our visitors. You must not access our website to: 

• collect any data about other users or to collect any other data stored or generated by our website or its use (such as website traffic, cookies etc.);
• copy or replicate any of our website content; or
• create affiliate links or use our website for any advertising or advertising revenue generation on your own website.

Unless you have our prior written consent, you must not refer to our website in any information that you publish, including on your website (although you may link to our home page – see details below) and you cannot suggest that there is any commercial relationship between us or that we endorse any of your products, services or opinions.

Your feedback

We would love to hear your opinion on our products and services! We’ll contact you for a review after you have purchased a product from us and are always happy to hear your creative ideas, suggestions, and/or proposals (we refer to this as your “Feedback”). 

Although we love receiving your Feedback, just like you, we do not appreciate if you graffiti our front fence, dump trash in our front yard, park a stolen car in our driveway, or pretend you are someone else when you knock on our door. This means any Feedback you provide must not:

• include personal information, copyright, trademarks or any other intellectual property of someone else unless you have their permission to reproduce it on our website or to provide it to us; 
• breach our House Rules (if you missed it, these are listed above);
• 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 Feedback.

We like using Feedback to improve our products, our services and our website. For us to do this, we need to know that you are providing your Feedback without any strings attached. When you provide your Feedback to us, you assign to us all your intellectual property rights in that Feedback and you agree that you will not claim any moral rights in that Feedback. This means that we can edit, copy, distribute, publish and use your Feedback for our own benefit and we are not required to pay you any compensation for your Feedback or associate your name with that Feedback. For example, if we use your Feedback to develop a new product which is highly profitable, you are not entitled to any payment or other compensation, and we are not required to put your name on the product or let anyone know that you contributed to its design. We can even use your Feedback for purposes that you did not expect.

We will publish all your reviews on our website - provided they comply with our House Rules - and will never use reviews to mislead anyone. We will sometimes offer a discount or incentive to encourage you to give us a review.  We’ll offer such discounts and incentives to all customers and we’ll make it clear that the discount or incentive is available whether the review is positive or negative. We will also make sure that people who read the reviews know that discounts and incentives have been offered to customers in exchange for a review.

Linking to our website

We would love you to direct people to our website so they can check us out. You may link to our home page from your website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. By establishing a link, you must not suggest any form of association between us or that we approve of or endorse your products or services. You must not establish a link from any website that is not owned by you. You may not frame our website on your website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. If we do notify you of our withdrawal of linking permission, you agree to take down any links to our website we identify that are within your control.

Third party tools and websites

Our website may contain links to websites and tools supplied or operated by other people (we refer to each of these people as a “third party”). We provide those links and tools because they may be useful to you, but we don’t endorse the websites, tools or associated products and services and we don’t provide any guarantees or promises in relation to their quality, accuracy or performance. That means you use them at your own risk. We are not liable to you or anyone else for any loss or damage that you suffer as a result of using any third party websites or tools which we make available to you on our website. 

If you use any third party websites and tools, your use will be subject to the third party provider’s standard terms and conditions (including any applicable privacy policy). Please review the third party's terms and conditions, policies and practices carefully and make sure you understand them before you access their website, use their tools or engage in any transaction with the third party. Complaints, claims, concerns, or questions regarding third-party websites, tools, products or services should be directed to the third party..

Accuracy of information

The information on our website is intended to provide you with a summary of our products and services. We aim to provide accurate and complete information, however, information changes from time to time and sometimes we make mistakes or change our mind about what we offer, how we do business and the Terms that apply. 

In legal terms, this means that, to the extent permitted by law, we make no warranty regarding the information on our website and we are not liable to you or anyone else if information on the website is inaccurate, incomplete or not up-to-date.

Intellectual property, software and content

Homes that we live in are made of ‘bricks and mortar’ (ie: physical property). Our website, which is our internet home, is made of text, graphics, logos, video, audio and software (i.e.: intellectual property). The intellectual property rights in our website and all material made available on the site are our property or the property of our licensors and are protected by trademark, copyright laws and treaties around the world. 

If we visit you, we may take a photo of your home to remember the occasion. Likewise, you may store, print and display the content supplied on our website to help you remember your visit or to help you decide whether to purchase our products. But you cannot otherwise use or reproduce any of the intellectual property on our website or use any of our trademarks because this would be like us removing a brick from your home!

In legal terms, this means you are not permitted to:

• publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our website;
• use any such content in connection with any business or commercial enterprise; and
• modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Koala or its licensors. 

Security

Our website is publicly available, and you have access to it via the internet. We take steps to secure our website but as we all know, the internet is not 100% secure and using the internet exposes computer systems to potential interference and damage. You access our website at your own risk, and you must take your own precautions to secure your systems by putting in place anti-malware and other security that you think is appropriate. 

In legal terms, this means that to the extent permitted by law, we don’t make any promises that your access to our website will be uninterrupted or error-free or free from viruses or that our website will be secure. We are not liable to you or anyone else if interference with or damage to any computer systems occurs in connection with the use of our website or a linked website or tool. 

Copyright Infringement. 

Just as we expect you to respect our intellectual property rights, we respect the intellectual property rights of others. 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on our website, please provide us with the following information: (i) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where on the website the material that you claim is infringing is located; (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

These requirements must be followed to give us legally sufficient notice of infringement. Send copyright infringement complaints to the following email address: legal@koala.com. We suggest that you consult your legal advisor before filing a DMCA notice with us. There can be penalties for false claims under the DMCA.

Our liability to you

We have created our website so you can check out our products and if you like what you see, you can make a purchase. We comply with all laws that apply to our business and our dealings with you. But like all businesses, we need to put limits on our responsibility.

In legal terms, this means that, to the maximum extent permitted by law, we will not be liable for any direct or indirect loss, damage or expense, irrespective of how it occurs,  which may be suffered due to your use of our website or the information or materials contained on it (including any third party website links or tools) or as a result of the inaccessibility of our website or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Indemnity

If you access our website and don’t comply with our website Terms and someone sues us or we suffer a loss, then we expect you to be responsible for this.

In legal terms, this means that, to the maximum extent permitted by law, you will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms.

Terms of Sale

Our Terms of Sale apply to anyone who purchases our products or who makes an offer to purchase our products so please read them carefully. You must indicate your acknowledgement of these Terms of Sale before placing any orders on our website. We reserve the right to update these Terms of Sale at any time by updating them on our website.

Products on our website

Availability of products

We generally have stock available. However, sometimes we run short and the availability of products on our website may be limited. We will try to include a statement on our website when we are aware that a particular product is out of stock, but we are under no obligation to do so. We reserve the right to discontinue any product at any time.

Accuracy of product descriptions

Occasionally there may be typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing or promotions. We reserve the right to correct any errors without notice. 

We know that color is important and we make every effort to display the colors and images of our products on our website accurately. However, we cannot guarantee that the display of any color on your device screen will be accurate. You can return a Product if the Product description on our website does not match the Product you receive.

Modifications

Prices, descriptions and specifications of our products are subject to change until your order is confirmed. 

How do you order from us?

You may have heard of ‘offer and acceptance’. That’s legalese for creating a contract. When you visit our website, you can review our products and if you like what you see, you can make us an offer to purchase our products for the price listed on our website (this is your order). We will review your order and if we accept it, then we have a confirmed order. In legal terms, this means we have a binding contract under which we agree to supply the product to you for the price and you agree to accept the product and pay us the price. Until we have accepted your offer, we are not legally bound to fulfill your order.

There are three steps in the process: (1) you submit your order to us (2) we confirm that we have received your order (but this is not acceptance of the order) and (3) we accept or reject your order.

Your order

When you place an order, you make us an offer for the relevant product in accordance with these Terms of Sale at the price displayed on our website. When we receive your offer, we may accept it or reject it. This means that there is no commitment by us to fulfill your order until we have accepted your offer.

You agree to provide us with current, complete, and accurate personal and payment information for your order (we refer to this as “your account”). You are responsible for all orders placed through your account. You are responsible for keeping your user account id and password secure. If someone else uses these details to purchase a product from us, you will be responsible for payment for that product.

By placing your order, you agree that your order is not placed for any commercial, re-supply or reproduction purpose, to commit fraud, by using a third-party account or to harm our online systems.

Please review your order carefully before placing it. Once we confirm your order, you are unable to cancel it (unless we advise you that stock is unavailable). If you change your mind about your order, you must go through the normal returns process (see "Change of mind returns" below).

If stock of a product is not available at the time you wish to order, you may still submit an order and we will contact you advising you when the product is in stock and our estimated delivery date. This email will be our acceptance of your order.

Confirmation of your order

We will send you an email confirming that we have received your order. This confirmation is not an acceptance of your order, it is simply an acknowledgment that we have received your order. We may need more information from you to confirm your order, and if you don’t provide that information in a timely manner we may not be able to accept your order.

Acceptance or rejection of your order

Your order will be accepted when we send you an email confirming shipment. 

We like selling products, so we don’t usually reject orders. However, to the extent permitted by law, we are free to accept (in whole or in part) or reject your offer for any reason (or no reason). Reasons for rejecting your offer include, but are not limited to, limitations on quantities available for purchase (e.g. per person, household, order or geographic region), an error in the price or product description, problems identified by our credit department, or an error in your order. We reserve the right to limit or reject orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

Cancellation of your order

Even if we have accepted your order, we may cancel your order if we are unable to fulfill your order due to events that are outside of our reasonable control (see “Force Majeure Event” below). 

Payment

The prices of products on our website are displayed in U.S. Dollars and will include any applicable taxes at checkout. Just in case you are wondering, we don’t haggle over prices, the price on our website is the price you will pay if you submit an order to us. The only discounts we provide are for valid promotional codes, or if you have won one of our competitions or are eligible for a reward.

Payment options for products you wish to purchase will be displayed at the point of purchase during check out and are subject to change without notice. Payment does not constitute acceptance of your order; as we mentioned before, your order is only accepted when we send you an email confirming shipment.

All payments must be received in full prior to shipping. If your payment is not received or is declined by your bank or credit card issuer, your order will be rejected. We cannot and will not hold the product for you and do not guarantee that the product will be available should you try to order it again.

Delivery

Delivery and costs

Orders placed by you and accepted by us will be delivered to the address provided by you as long as that delivery address is compliant with the delivery restrictions outlined on our website. It is your responsibility to ensure that the address provided to us is correct. Once your order is ready for delivery, we may send you a tracking number via email or text. The delivery cost will be indicated to you during the checkout process and will have to be paid together with the product price prior to dispatch. 

In purchasing a product, you agree to accept delivery of the product at the address you have listed. We will email or text you with approximate delivery dates and times. If you are not able to accept delivery on the dates and times that we notify, you must advise us before a delivery is attempted. Any and all failed delivery attempts made by a courier will be charged to you at full price. 

Delivery timeframes

We know that everyone hates waiting around for a delivery. We will use reasonable efforts to meet our timeframes for delivery but they are estimates only. Many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to you and we will not be liable to you for any delays.

Title and risk

We retain ownership of products you order until payment is received in full for those products. Ownership in the products passes to you on the later of our receipt of payment in full or delivery of the products to you. Risk (including risk of loss or damage) to products purchased passes to you upon delivery of the items to you. When you go through the checkout to pay for your products, you can choose whether delivery requires you to sign for the products or whether the products can be left at your chosen location without signature. If you choose not to sign on delivery, then you take the risk of the goods being damaged or stolen once we have delivered them to your chosen location.

Damaged or incorrectly supplied goods

If a product we deliver to you is damaged, you can ask us to remedy the damage. You must contact our Customer Service as soon as possible after discovering the damage and may be asked to provide evidence (e.g. in the form of photos) to support your claim. Depending on the extent of the damage, we will repair or replace the products or provide you with a full or partial refund.

If the Product we deliver to you is not the Product you ordered or if we supply the wrong amount of products to you (either too many to too few), you must contact our Customer Service immediately. You are under an obligation to return any incorrect or excess products received, and we will arrange for the products to be picked up, unless stated otherwise. 

120 day returns

If you are not completely satisfied with your Koala products, you can return the products to us within 120 days from your delivery date and receive a full product refund.. Please note that we reserve the right to refuse a return and refund if we have reasonable grounds to believe you are abusing this right (eg: if you purchase and return an unusually large number of products or repeatedly purchase and return products).

To be eligible for a return and refund, you must satisfy the following:

• You are the person that purchased the product. If you did not purchase your product, you are not eligible for a return. Please contact the person who purchased the product. We will require a receipt or proof of purchase to complete your return.
• Products that are stained or damaged will not be eligible for a return or refund.
• You must be available for the scheduled pick-up time.
• Package the products in accordance with our reasonable requirements, which will be notified to you by email.

Refunds and Chargebacks

Refund for purchases made by you

Once your return has been accepted, the total you paid for your product will be refunded to you via your original payment method. If you made your purchase via interest-free finance extra charges may apply from your supplier. In order to receive a refund, we may need to get more information from you to process the return, and you agree to give us that information as a condition to receiving a refund.

Chargebacks

If you dispute a charge on your credit card that we, in our discretion, believe is valid, you will be liable for any and all of our costs. If you dispute a charge, we may reject any further transactions from you.

Warranties and liability

We love our products and we manufacture them to meet applicable standards. But like all businesses, we need to put limits on our responsibility.

In legal terms, this means that our products are provided with the consumer guarantees required applicable law and the additional warranties detailed on our website and to the fullest extent permitted by law, we exclude all other representations, warranties, conditions or terms (whether express or implied by statute, custom or common law). 

To the maximum extent permitted by law and without limiting your rights under applicable law: 

• we will not be liable under any theory of law (including negligence) for any economic, special or indirect loss, loss of profit, revenue, savings or goodwill or loss of or damage to data arising in connection with the use of our products or the purchase of or an offer to purchase our products;
• our liability under any theory of law (including negligence) for any direct loss or damage arising in connection with the use of our products or the purchase or an offer to purchase our products will be limited to the price paid or payable for the applicable products, provided that nothing in these Terms of Sale excludes or limits our liability for death, personal injury, or damage to property due to our negligence; and
• our liability to you will be reduced in proportion to any loss or damage caused by your negligence or breach of our Terms.

How to exercise your rights

If you think that there is a fault with the products you ordered or we have failed to comply with the consumer guarantees or our voluntary warranties, please let us know as soon as possible by contacting our Customer Service via gday@koala.com. Please include as many details as possible about the order and the problem with the products. 

Force Majeure

We will not be liable for any delay or non-performance of any of our obligations under these Terms of Sale and we may cancel an order which we have accepted if such delay or non-performance is caused by circumstances beyond our reasonable control.

General Terms

Data

We use data to help our website run efficiently and to improve the services we offer. We will collect and analyze data and other information relating to the provision, use and performance of various aspects of our website, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the website), and we will (i) use such information and data to improve and enhance our services and for other development, diagnostic and corrective purposes and (ii) disclose such data solely in aggregate or other de-identified form in connection with our business.

Electronic signatures and notices

Certain activities on our website may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.

If you have an account, you agree that we may provide you any and all required notices electronically through your account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.

Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, and you irrevocably submit to the exclusive jurisdiction of the courts located in Los Angeles, California.

Entire agreement

These Terms constitute the entire agreement between yourself and Koala with respect to your use of our website, your purchase or offer to purchase our products, our supply of products to you, any competitions, promotions and rewards we offer and our handling of your personal information.

Waiver

If we do not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing from us.

Construction

Any ambiguities in the interpretation of these Terms shall not be construed against us.

Severability

If any part of these Terms is determined to be unlawful, void or unenforceable, such part shall be enforceable to the fullest extent permitted by law. Any unenforceable portion shall be deemed severed from these Terms and such determination shall not affect the validity and enforceability of any other remaining parts.

Assignment

We may at any time and without your consent, assign or subcontract our rights and obligations under any agreements we have with you to a third party, including fulfillment of any order.