Nothing in these Terms excludes, restricts or modifies Your rights under the Australian Consumer Law, except as expressly set out under the sub-heading “Limitation of Liability for Statutory Guarantees”.
Our Products may come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) if you are a consumer and those Products are of a kind ordinarily acquired for personal, domestic or household use and consumption, or cost less than $40,000, and are not re-supplied by you.
You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
These statutory guarantees give You certain rights that We cannot exclude, restrict or modify, except in the limited circumstances set out under the sub-heading “Limitation of Liability for Statutory Guarantees” below. As outlined more fully in the Australian Consumer Law, if a Product we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a “major failure”, subject to the provisions of the Australian Consumer Law, You are entitled to return the Product to Us and receive a full refund or replacement (at your election). Alternatively, You may (at Your election) choose to keep the Product and recover from us the difference between the price You paid for the Product and the value of the Product.
As outlined more fully in the Australian Consumer Law, if a Product We supply to You fails to meet a statutory guarantee and that failure can be remedied and is not a “major failure”, subject to the provisions of the Australian Consumer Law, you are entitled to ask Us to remedy the failure. We are entitled to choose how We remedy the failure, including by either:
(a) repairing the Products;
(b) replacing the Products; or
(c) by providing a full refund.
You accept and acknowledge that the provisions of the Australian Consumer Law will determine:
(a) which products are covered by such statutory guarantees; and
(b) Our liability to You for any failure of a Product to meet a statutory guarantee (except where We have expressly chosen to limit its liability as permitted by the Australian Consumer Law as provided for under the sub-heading “Limitation of Liability for Statutory Guarantees” below).
The statutory guarantees are in addition to any rights You may have under any voluntary and express warranties offered by Sleep Sophie.
If You think that there is a fault with the Products you have received, please let Us know straight away by contacting our [email protected]
Please include as many details as possible about the order and the problem with the Products.
Limitation of Liability for Statutory Guarantees
Where the Products we supply to You are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to You for failure to meet a statutory guarantee under the Australian Consumer Law (other than our liability for guarantees as to title, undisclosed securities and undisturbed possession, which we cannot limit) is limited to doing one or more of the following (at our election):
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
We acknowledge that we cannot limit our liability in this way if You establish that it would not be fair or reasonable for Us to do so.
Product: means any Sleep Sophie product that has been registered on the Australian Register of Therapeutic Goods (ARTG) which is administered by the Therapeutic Goods Administration (TGA).