1.Snooze Management Pty Ltd ACN 006 232 720 or, if purchasing from a Snooze franchisee, the company identified by company name and/or ABN on the front of the customer invoice (“Snooze” or “we” or “us” or “our”) is committed to respecting your privacy.
2.To view our Privacy Policy, please visit www.snooze.com.au/privacy or ask in store.
3.All product prices are quoted in Australian currency inclusive of GST. You agree to pay all taxes (including GST) payable in connection with this contract.
4.Delivery costs may also be charged on orders delivered to you. Further details on delivery are set out in the Delivery section below.
5.Full payment for products must be made at the time of purchase or, if agreed by Snooze in writing, a deposit may be paid with the remaining payment made prior to delivery being arranged.
6.We may refuse to proceed with a purchase or any part of your purchase without liability to you (except where liability cannot be excluded under law) for that refusal to proceed if:
(a)a product in that purchase is not available;
(b)there is an error in the price or the description of a product in that purchase; or
(c)the purchase triggers fraud or anti-money laundering prevention protocols.
7.For each order accepted by us, we will supply the product(s) in that order to you in accordance with these Terms & Conditions.
8.You must collect or take delivery of the products within 14 days from the day that we notify you that they are available. We will endeavour to provide you with reasonable options for organising the collection or delivery of the products. If we have done this, and you fail to collect or take delivery of the products after notice to do so, we may, after providing notice to you that we intend to do so, issue you with an invoice in an amount to cover reasonable storage fees and/or cancel your order at our discretion. An estimate of storage fees can be requested to the store (including handling in and out, storage on-site or off-site where necessary) if necessary.
9.Lay-by is available at participating stores only and is subject to the terms and conditions set out in the lay-by agreement between you and the participating store, which may include the following terms:
(a)a minimum deposit (eg 20% of the total purchase price generally, or 50% of the total purchase price in the case of made to order goods) is required;
(b)regular fortnightly payments must be made;
(c)your lay-by must be collected and paid for in full by the due date;
(d)if you cancel your lay-by, all monies will be refunded to you except for a reasonable amount to cover storage and administrative costs;
(e)if you breach a term of a lay-by and we intend to cancel the lay-by, we will give you notice of our intention to cancel the lay-by, and allow you a reasonable time to remedy the breach; and
(f)photo ID must be produced if a replacement lay-by document is requested, to cancel a lay-by, or when you finalise and collect a lay-by where no document can be produced.
10.Delivery charges and the estimated date of delivery or date range for delivery will depend on where your product is being delivered.
11.Products can only be delivered within Australia.
12.It is the customer’s responsibility to ensure correct delivery address and access details are provided to Snooze.
13.Any delivery date or date range provided to you is an estimate only. We will use reasonable endeavours to meet the estimated delivery date, however products may be delivered within a reasonable period of that date. In these circumstances, and subject to our obligations under the law (including those described at section 21, below), we will not be liable for any loss or damage, however it arises, if the products are delivered within a reasonable time after the estimated delivery date.
14.Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. A card will be left and you are responsible for organising collection from the address identified on the card if delivery cannot be made at the time which you agreed to accept delivery because an appropriate person is not present.
15.Risk in Snooze products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Snooze of full payment by either cash or clearance of funds into our bank account.
16.Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Snooze in relation to any products is given in good faith and is believed by Snooze to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Snooze in relation to any products supplied by Snooze is approximate and general only.
17.Snooze will not provide a refund or exchange, or cancel a product which has been ordered, if you simply change your mind, unless Snooze chooses to do so in our discretion.
18.If Snooze does choose to provide a refund or exchange (or cancel an order) simply due to a change of mind, we may ask you to pay a reasonable cancellation charge to us (for example, to cover reasonable storage fees and any mark down on products). We will inform you in advance of the amount of that charge, and you may choose whether or not to proceed with the refund, exchange or cancellation. If you do proceed:
(a)we will reduce any refund payable to you by the amount of the cancellation charge; or
(b)if the cancellation charge is more than what you have already paid, we will issue you with an invoice for that amount.
19.Warranties: Manufacturers of Snooze products may provide consumers with a warranty the covers the replacement or repair of a product purchased in Australia that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used (“Warranty”). Warranties are not transferable and do not cover products used for commercial purposes. They are also subject to schedule 2 of the Australian Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). The benefits provided under a Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the products to which the Warranty relates. The Warranty period, exclusions and other relevant terms and conditions are as specified by the manufacturer.
20.Australian Consumer Law: If you are a consumer under the Australian Consumer Law, you have certain rights. Nothing in these Terms & Conditions limits or excludes any rights that you have as a consumer that cannot be lawfully limited or excluded. Information about the Australian Consumer Law is available from the website of the Australian Competition and Consumer Commission.
21.Consumer guarantees: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
22.Consumer guarantee remedies: The Australian Consumer Law broadly provides that if there is a major failure with the product, the customer is entitled to:
(a)reject the product and get a refund;
(b)reject the product and get an identical replacement; or
(c)keep the product and obtain compensation from Snooze for the drop in value of the product caused by the major failure.
23.If there is a minor failure with the product, the customer is entitled, at the election of Snooze, to:
(a)a refund of the cost of the product;
(b)replacement of the product; or
(c)have the product repaired within a reasonable time.
24.Exclusion of implied warranties: Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these Terms & Conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Snooze is entitled, to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.
25.To claim under a Warranty, you may either notify the relevant manufacturer, or contact your store of purchase who will help you contact the manufacturer and assist you with any enquiries.
26.To claim under a consumer guarantee in the Australian Consumer Law, please contact your store of purchase by ringing the store number on our website. You will be requested to either return the product for inspection/repair, or we will arrange for the product to be inspected at your home. Snooze reserves the right to charge a reasonable upfront call out fee prior to inspection of the product, in which case such a fee will be refunded should Snooze determine you have a valid claim.
27.If you are requested to return the product to Snooze for inspection/repair, you will need to arrange and pay for the transportation of the product to the store or other address advised by Snooze. If the product cannot be returned without significant cost because of its size or height, a problem with the product, or the way it is attached, Snooze will arrange and pay for the transportation of the product. If Snooze determines there is a valid claim, it will reimburse you for any reasonable transportation costs paid by you. If Snooze determines you do not have a valid claim, you must reimburse Snooze for any reasonable transportation costs that Snooze has paid and any reasonable return transportation costs.
28.Snooze will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed we require proof of purchase from you. We will do our best to resolve the issue in a timely manner. For any queries please contact your store of purchase or call (03) 9830 4166.
29.Snooze customer satisfaction is of the utmost importance to us. In the unfortunate event that something has gone wrong with your Snooze experience, we would like to hear about it.
30.In the first instance approach the Snooze store directly, in person or over the phone, and explain the problem with the item or service.
31.Keep notes of your contact with the store, such as:
32.If verbal or written communication (email/letter) to the store you originally dealt with does not resolve your issue, please contact Snooze Management Pty Ltd at:
PO Box 430, Canterbury VIC 3126
Phone: (03) 9830 4166 Fax: (03) 9888 6328
Email: enquiries@snooze.com.au
33. Snooze will do its utmost to respond to your query within 24 hours of receipt (excluding weekends and holidays), and will endeavour to resolve the issue in a timely manner. Please allow for enough time to make arrangements for a remedy where applicable.
34.The Snooze In-Store Customer Terms & Conditions form a binding legal agreement between you and Snooze in regards to your in-store purchases from Snooze. The Snooze Online Customer Terms & Conditions apply to online purchases from Snooze, and can be found on the Snooze website at www.snooze.com.au.
35.Products are suitable for domestic use only unless otherwise specified.
36.We may modify these Terms & Conditions. The Terms & Conditions which apply to a purchase are those that are made available to you on the day of your purchase. If we modify these Terms & Conditions, we will post a revised version on the Snooze website at www.snooze.com.au and make the revised Terms & Conditions available in store.
37.Any provision of these Terms & Conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the Terms & Conditions is not affected.
38.These Terms & Conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased. The parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts in the State or Territory in Australia where the products are purchased.