This website is operated by Snooze Management Pty Limited
(referred to as "Snooze/we/our/us") ACN 006 232 720 of 21A Shierlaw Avenue, Victoria, 3126.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.3 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
1.4 We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and we shall not be liable to you or any third party for any such modification or withdrawal. The website is provided by us to you on an "as is" and "as available" basis.
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The checkout stage sets out the final details of your order. Following this, we will send you an order acknowledgement e-mail detailing the products you have ordered. Please note that this e-mail is not an order confirmation or order acceptance from Snooze.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with these terms and conditions (please refer to Returns and Cancellations below).
2.4 We do not file details of your order for you to subsequently access direct on this website, therefore please print out these terms and conditions and the order acknowledgement email you receive for your own records. If you wish to obtain specific details of your previous orders, please contact your allocated store or Customer Service.
3.1 This website is only for delivery of products to or collection of products by customers in Australia.
3.2 It is your responsibility to ensure correct delivery address and access details are provided to Snooze. If you choose to collect products, it is your responsibility to make sure that you are able to safely and securely pick up and transport the products to your chosen destination.
3.3 Delivery charges are specified in the delivery information section and during the checkout stage. These delivery charges will apply across the site and supersede any delivery charges shown in online brochures, online leaflets and any other content.
3.4 Estimated timescales are specified in the delivery information section. We make every effort to deliver products or have products ready for collection within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. You agree that Snooze is not and will not be liable for any loss or damage, however it arises, if the products are not delivered or available for collection within the estimated timescales.
3.5 You must collect or take delivery of the products within 14 days from the day that we notify you that they are available. If you fail to do so, Snooze may charge storage fees of up to $50 per delivery per week and/or cancel your order.
3.6 Products will only be delivered if a person aged over 18 years and able to accept and sign for the delivery is at the delivery address. A card will be left and you are responsible for organising and paying for collection or redelivery from the address identified on the card if delivery cannot be made because an appropriate person is not present.
3.7 Risk of loss and damage of products passes to you on the date when the products are delivered by us or collected by you.
4.1 We take payment using your specified payment method at the time we receive your order once we have checked your payment details. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.2 The price you pay is the price displayed on this website at the time we receive your order and no other prices published by Snooze are applicable to these items EXCEPT THAT while we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.3 Payment can be made by any method specified on this website.
4.4 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.5 All product prices are shown in AUS$ and include GST (where applicable) at the applicable current rates but exclude delivery and/or assembly charges (see delivery information for further details). Delivery and/or assembly charges are listed separately and are shown in AUS$ and include GST at the applicable current rates.
5.1 You may cancel an order made online within 24 hours of placing the order by emailing the store to which your order has been allocated as notified in your order acknowledgment email or calling the store during its trading hours.
5.2 Except as set out above, Snooze shall not accept a cancellation of an order for change of mind unless Snooze chooses to do so at its absolute discretion. If Snooze does accept such cancellation, you must pay an amount to Snooze which in Snooze’s reasonable view reflects the loss that Snooze will suffer as a consequence of the cancellation (including but not limited to storage fees and any mark down). Snooze shall set off this amount against the payment you have made and refund the balance.
6.1 Snooze shall pass on any warranty provided to it by a manufacturer to you (“Warranty”) for products that you purchase in Australia from this website. 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 (“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. The Warranty will not apply if:
a. Repairs to a product are made or attempted by a service provider other than approved by the manufacturer or Snooze.
b. The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.
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.
6.2 Our goods come with Consumer 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 and provisos that apply to the Snooze Warranty apply to the Consumer Guarantees. If there is a major failure with the 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 Snooze for the drop in value of the product caused by the major failure. If there is a minor failure with the product, you are 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.
6.3 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.
7.1 To claim under the Snooze Warranty, you may either notify the relevant manufacturer, or contact the Snooze store to which your order was allocated as noted in your order acknowledgement email who will help you contact the manufacturer and assist you with any enquiries.
7.2 To claim under a Consumer Guarantee, please contact the Snooze store to which your order was allocated as noted in your order acknowledgement email. You may be required to either return the product for inspection, or arrangements will be made for the product to be inspected at your home. Snooze reserves the right to charge an upfront call out fee prior to inspection of the product, in which case such a fee will be refunded to you should Snooze determine you have a valid claim.
7.3 If you are required 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, removed or transported easily because of its size or height, Snooze will arrange and pay for the transportation of the product. If Snooze determines there is a valid claim, Snooze 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 transportation costs that Snooze has paid and any return transportation costs.
7.4 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 the product may have to be forwarded to the manufacturer or repair agent.
7.5 Before a claim will be processed we require proof of purchase from you (that is, your order acknowledgement email setting out details of your order or another acceptable form of proof of purchase). We will do our best to resolve the issue in a timely manner.
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
8.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content
9.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
9.2 Snooze will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Snooze will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Snooze accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
9.3 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 only.
9.4 We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
10.1 The contract between us shall be governed by the laws of the state of Victoria and any dispute between us will be resolved exclusively in the courts of Victoria.
10.2 Our products are suitable for domestic use only.
10.3 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
10.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Snooze.
10.5 Snooze reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
10.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
10.7 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements between you and Snooze relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Snooze for your use of this website.