SNOOZE TERMS & CONDITIONS

Snooze - Online Customer Terms & Conditions

The Snooze Online Order System is operated by Snooze Management Pty Ltd ACN 006 232 720 and/or its authorised agents ( “we” or “us” or “our”). The “Snooze Online Order System" comprises all Snooze websites, the software associated with these websites and the facility to enter into transactions to place an order for products (“Order) sold via a Snooze store that is operated by us, our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) and/or our network of independent franchisees (“Snooze Stores”).

To view our Privacy Policyclick here.

To view our Website Terms & Conditions of Useclick here.

Acceptance of Terms & Conditions

By viewing, using, accessing, browsing, or submitting any content or material on the Snooze Online Order System, you agree to these Online Customer Terms & Conditions, our Privacy Policy, and our Website Terms & Conditions of Use (collectively our “Terms & Conditions”). If you do not agree to these Terms & Conditions, then you may not use the Snooze Online Order System.

Use of the Snooze Online Order System

The Snooze Online Order System is only for purchase and delivery of Snooze products within Australia. Not all products can be purchased online.

By registering for the Snooze Online Order System, you warrant to us that you are at least eighteen years old.

You must keep secure any means of identification that we provide to you in order to access the Snooze Online Order System. We take no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties. You are responsible for all use of the Snooze Online Order System, and all transactions entered into by means of the Snooze Online Order System, using this user identification.

You agree to comply with Snooze’s Website Terms & Conditions of Use available here. You further agree:

(a) not to use the Snooze Online Order System for any commercial or re-supply purposes;
(b) not to access the Snooze Online Order System using a third-party’s account/registration without the express consent of the account holder;
(c) not to use the Snooze Online Order System for illegal purposes;
(d) not to pay, or attempt to pay, for a product using any fraudulent or unlawful means;
(d) not to commit any acts of infringement on the Snooze Online Order System or with respect to content on the Snooze Online Order System;
€ not to copy any content, for republication in print or online or any other purpose;
(f) not to disrupt, interfere with, or otherwise harm or violate the security of the Snooze Online Order System, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Snooze Online Order System or affiliated or linked sites.

Orders

Any Order for a product placed through the Snooze Online Order System is an offer by you to purchase a particular product for the price shown on the Snooze Online Order System at the time you place the Order.

Pricing

All product prices are quoted inclusive of GST. You agree to pay all taxes (including GST) payable in connection with this contract.

Delivery costs will also be charged on Orders delivered to you. Further details on delivery are set out under the Delivery section below.

Payment

Full payment for products in the amount displayed on the Website must be made at the time you place your Order and these funds will be managed by us in accordance with these Terms and Conditions.

You authorise our agents to charge the amount displayed on the Website in respect of your Order to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand.

Acceptance or Rejection of an Order

When you place an Order to purchase product(s), we will send you an email confirming receipt of your Order and containing the details of your Order. This email is an acknowledgement that we have received your Order, and does not mean your Order has been accepted.

Once we have received your Order, your Order will be allocated to a Snooze Store. Once your Order has been allocated, the relevant Snooze Store will contact you by email or phone to confirm the details of your Order. 

Your Order will only be accepted, when the relevant Snooze Store has processed your Order and issued a sales invoice and receipt to you.

Electronic invoices and receipts will be emailed to you at the email address provided by you in relation to the Order.

We will direct the funds that were paid by you when you placed your Order, and received by us via the Snooze Online Order System, to the relevant Snooze Store that is fulfilling your Order, less a small transaction fee that is retained by us.

Each Order placed through the Snooze Online Order System that is accepted by a Snooze Store results in a separate binding agreement based on these Terms and Conditions between you and the relevant Snooze Store for the supply of those product(s). 

For each Order accepted by a Snooze Store, the relevant Snooze Store will supply the product(s) in that Order to you in accordance with these Terms & Conditions.

Rejection of an Order

Any Snooze Store may reject all or any part of an Order placed through the Snooze Online Order System without liability to you for that rejection if:

(a)    it does not want to or is unable to fulfil the Order;

(b)    a product in that Order is not available;

(c)     there is an error in the price or the description of the product posted on the Snooze Online Order System; or

(d)    the Order triggers fraud prevention protocols.

If a Snooze Store rejects an Order, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you place the Order.

On cancellation of an Order, we will refund your payment to you.

Cancellation of an Order

Any Snooze Store may cancel all or any part of an Order (including any Orders that have already been accepted by the Snooze Store) without any liability to you for that cancellation at any time if: 

a. a product in that Order is not available; 
b. there is an error in the features, specifications or price of a product posted on the Snooze Online Order System for a product in that Order; or 
c. we or the Snooze Store reasonably believe your Order has been placed in breach of these Terms & Conditions.

On cancellation of an Order, we will refund your payment to you.  If we cannot stop the shipment of the Order at the time of cancellation, then you will be required to refuse delivery or return the product(s) in Order to receive a refund.

Storage

You must collect or take delivery of the products the subject of your Order within 14 days from the day that you are notified by the Snooze Store fulfilling your Order that they are available. If you fail to do so, the relevant Snooze Store may charge storage fees of $50 per delivery per week and/or cancel your Order.

Delivery

Delivery charges and estimated dates of delivery will depend on where your Order is being delivered. See Delivery Information for the postcodes that Snooze Stores deliver to, costs and estimated delivery dates.

Products can only be delivered within Australia.

It is the customer’s responsibility to ensure correct delivery address and access details are provided to us.

Snooze Stores will use all reasonable endeavours to meet the estimated delivery date, however you agree that we will not be, and no Snooze Store will be, liable for any loss or damage, however it arises, if the products are delivered within a reasonable time after the estimated delivery date.

Products will only be delivered if a person aged over 18 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 because an appropriate person is not present.

Next Day Delivery

Next Day Delivery and Express Delivery are available on selected products and sizes and to eligible postcodes only.

See Next Day Delivery and Express Delivery Information to find out whether your online order will qualify. We reserve the right to change eligible products and postcodes at any time without notice.

Next Day Delivery

Orders that are eligible for Next Day Delivery and that are placed by 1pm (local time) Monday to Friday will be delivered the next business day or Saturday.

Orders placed by 11am (local time) Saturday will be delivered on Monday in all states excluding South Australia, which will be delivered on Tuesday. There are no deliveries available in South Australia on Mondays.

Purchases made on Sundays and Public Holidays do not quality for Next Day Delivery.

Next Day Delivery customers must supply a valid phone number to arrange a suitable delivery time. Even if contact is unable to be made, delivery will still occur the next business day.

Express Delivery

Express Delivery Orders will be delivered between two and five business days from time of Order, exact timing to be confirmed between Snooze’s logistics partner or the relevant Snooze Store and you.

For Express Deliveries, a valid mobile phone number must be provided to receive a booking SMS message, or receive a phone call from the relevant Snooze Store or our logistics partner to arrange a delivery date and time.

Click & Collect

Click & Collect is limited to participating Snooze Stores.  We reserve the right to change participating stores at any time without notice.

All homewares and furniture products that are in-stock at your selected Snooze Store and on snooze.com.au are available for Click & Collect unless otherwise specified.

If we have your email on file you will receive an email when your Order is ready for collection.

The person collecting the Order:

(a)    must collect the Order from the Snooze Store selected for Click and Collect when the Order was placed;

(b)    must provide a copy of the Order confirmation;

(c)     must provide photographic identification and a signature must be provided when collecting the Order; and

(d)    the card used for payment is required to be shown when you collect your Order.

The person collecting the Order acknowledges that the Snooze Store from which the Order is collected  may record the details of any identification provided in relation to the collection of the Order in accordance with our Privacy Policy.

For larger items be aware that you may need two people to safely carry your Order. You acknowledge that it is your responsibility to safely transport your items from the point of collection.

For Click & Collect Orders, you must collect your Order within 14 days of being notified that it is ready for collection. For Orders not collected in this time the relevant Snooze Store may charge storage fees of $50 per delivery per week and/or cancel your Order.

Please call your nominated Click & Collect Snooze Store if you are unable to pick up your Order within this time. For store address and opening times see our Store Locator.

Risk & Title

Risk in Snooze products the subject of an accepted Order passes on delivery of the products to the customer or its nominated agent or representative.

Title passes on the later of:

(a) delivery of the products the subject of an accepted Order to the customer or its nominated agent or representative; and;

(b) receipt by the relevant Snooze Store that is fulfilling the Order of full payment for the products by either cash or clearance of funds into our bank account.

Advice & Technical Information

Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by us or a Snooze Store in relation to any products is given in good faith and is believed by us or the relevant Snooze Store to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided in relation to any products is approximate only.

Privacy

We are fully committed to respecting your privacy. For a more detailed view of our Privacy Policy, click here.

Snooze Warranty and Consumer Guarantees

Snooze Warranty: Snooze Stores will pass on any warranty provided to it by a manufacturer to its customers (“Warranty”) for products that have been purchased in Australia. The benefits provided in any such Warranty are in addition to the rights and remedies of a consumer under the Australian Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), and any other laws in relation to the products to which the Warranty relates. The Warranty period is as specified by the manufacturer.

Exclusions: Subject to the Australian Consumer Law, any applicable Warranty does not apply to any products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product. In addition, the Warranty will not apply if:

(a)    Repairs to a product are made or attempted by a service provider other than one approved by Snooze or a Snooze Store.

(b)    The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product and/or any relevant care instructions.

(c)     The customer uses the product in an abnormal manner: for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.

(d)    The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.

(e)    The product is tampered with in any way.

(f)     The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.

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. To the extent that they are compatible with the consumer laws in Australia, the exclusions that apply to any applicable Warranty described in the Exclusions above, also apply to the consumer guarantees.

Consumer guarantee remedies: If there is a major failure with a product, you are entitled to:

(a) reject the product and get a refund;
(b) reject the product and get an identical replacement, or one similar in value if reasonably available; or
(c) keep the product and obtain compensation from the Snooze Store that fulfilled your Order for the drop in value of the product caused by the major failure.

If there is a minor failure with a product, you are entitled, at the election of the Snooze Store that fulfilled your Order, 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.

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 and 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.

Change of mind policy: Snooze Stores will not accept a request for cancellation of any order if you simply change your mind unless the relevant Snooze Store chooses to do so in its absolute discretion.

If the relevant Snooze Store does accept a request for cancellation simply due to a change of mind, the customer must pay an amount to the relevant Snooze Store which in the Snooze Store’s reasonable view reflects the loss that the Snooze Store will suffer as a consequence of the cancellation (including but not limited to storage fees). This amount will be expressly notified to the customer and the relevant Snooze Store will set off this amount against any moneys already paid by the customer for this product, and refund the balance. For any cancellation charges over and above what has already been paid to the relevant Snooze Store, the customer must pay such amounts to Snooze within 7 days of the relevant Snooze Store’s request to pay.

Made to order stock: Notwithstanding any other provision of these terms and conditions, Orders for products which are made to individual customer specifications, including custom made furniture products, or custom fabric products, which have to be ordered specifically for a customer cannot be cancelled or returned if the customer decides they no longer want the products simply due to a change of mind.  For the avoidance of doubt, this clause is not intended to, and does not, limit your rights as a consumer under applicable consumer protection legislation (including the Australian Consumer Law) in relation to custom made furniture products.

How to make a claim
To claim under a Warranty, you may either notify the relevant manufacturer, or contact your Snooze Store of purchase who will help you contact the manufacturer  and assist you with any enquiries.

To claim under a consumer guarantee, please contact your Snooze Store of purchase by ringing the store number on the invoice and/or receipt for your product or by locating the store number on our website. You will be directed to either return the product for inspection, or the relevant Snooze Store will arrange for the product to be inspected at your premises. The relevant Snooze Store 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 the relevant Snooze Store (acting reasonably) determine you have a valid claim.  If the relevant Snooze Store (acting reasonably) determines that you do not have a valid claim, the upfront call out fee may be retained by the relevant Snooze Store.

If you are directed to return the product to your Snooze Store of purchase for inspection/repair, you will need to arrange and pay for the transportation of the product to the store or warehouse as advised by the store. If the product cannot be returned, removed or transported easily because of its size or height, your Snooze Store of purchase will arrange and pay for the transportation of the product. If the relevant Snooze Store (acting reasonably) determines there is a valid claim, the relevant Snooze Store will reimburse you for any reasonable transportation costs paid by you. If the relevant Snooze Store (acting reasonably) determines that you do not have a valid claim, you must reimburse that Snooze Store for any transportation costs that the Snooze Store has paid and any return transportation costs.

The relevant Snooze Store 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 the Snooze Store may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed the relevant Snooze Store will require proof of purchase from you (that is, the original sales docket receipt or another acceptable form of proof of purchase).

We will do our best to resolve the issue in a timely manner. For any queries please contact your Snooze Store of purchase or call (03) 9830 4166.

Complaint handling process
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.

In the first instance please approach the Snooze Store that fulfilled your Order directly, in person or over the phone, and explain the problem with the item or service.

Keep notes of your contact with the relevant Snooze Store, such as:

·       name of the person you spoke to;

·       date of your meeting or phone call;

·       the content of your discussion.

If verbal or written communication (email/letter) to the Snooze Store you originally dealt with does not resolve your issue, Snooze Management Pty Ltd can be contacted at:

PO Box 430, Canterbury VIC 3126
Phone: (03) 9830 4166 Fax: (03) 9888 6328
Email: enquiries@snooze.com.au

We 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.

General
The Snooze Online Customer Terms & Conditions form a binding legal agreement between you and the relevant Snooze  Store that will fulfil your Order in regards to your online purchases from Snooze. The Snooze In-Store Customer Terms & Conditions apply to in-store purchases from Snooze Stores. Both terms and conditions can be found at www.snooze.com.au.

Products are suitable for domestic use only unless otherwise specified.

We may modify these Terms & Conditions at any time without prior notice by posting a revised version of the Terms & Conditions on the Snooze website at www.snooze.com.au and making the terms and conditions available in-store. The amended agreement will take effect from the time of posting on the website but will not impact any Orders that have been accepted by a Snooze Store prior to the time of posting.

If any part of these Terms & Conditions is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms & Conditions will continue to be enforceable and valid.

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.

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