Zarraffa’s Roastery Consumer Refund Policy

1. Introduction

Zarraffa’s Roastery is a speciality roaster of coffee and wholesaler of associated products to businesses (where the goods are purchased to be resold or purchased as an ingredient to be transformed into another product that is sold by that business) and consumers (where the goods are bought for personal, domestic or household use).

Consumer protection laws have long been provided in Australia and were often referred to as‘warranties’ or ‘implied warranties’. These consumer protections have now been codified in the Australian Consumer Law (ACL) provided as part of the Competition and Consumer Act 2010 (Cth). As part of this change, the terms ‘warranties’ and ‘implied warranties’ are now referred to ‘Statutory Consumer Guarantees’ (SCG’s).

There are nine (9) SCG’s that apply to the goods purchased by consumers, as follows:

(a)     the goods will be of acceptable quality;
(b)     the goods will be fit for a particular purpose;
(c)     the goods will match their description;
(d)     the goods will match the sample or demonstration model;
(e)     any express warranties will be honoured;
(f)     spare parts and repair facilities will be available for a reasonable time after purchase;
(g)     you will have title to the goods;
(h)     you will have undisturbed possession of the goods; and
(i)     there are no undisclosed securities on the goods.

For further information about the ACL and SCG’s, visit www.consumerlaw.gov.au.

To obtain compensation under the SCG’s, a consumer would need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of the failure by Zarraffa’s Roastery to comply with the SCG’s under ACL. Such evidence may include photographs, statutory declarations, receipts or reports (e.g. from your doctor), depending on the loss or damage.

It is these SCG’s that regulate how a business must deal in goods with its consumers. In some instances, a business can be a consumer. However, the SCG’s do not apply where:

(a)     goods purchased from a business will be resold; and
(b)     goods purchased from a business will be transformed into a product that is sold.

2. Purpose

This policy has been drafted to clarify how Zarraffa’s Roastery treats, refunds, repairs and exchanges goods sold by it to consumers (where the goods are bought for personal, domestic or household use).

3. Application

This policy applies to any consumers purchasing goods directly from Zarraffa’s Roastery where the goods are bought for personal, domestic or household use.

(Please see Reseller Refund Policy(Roastery) for the policy relating to goods purchased by businesses where such goods are purchased to be resold or purchased as an ingredient to be transformed into another product that is sold by that business).

4. Definitions

Goods means any item or items sold by Zarraffa’s Roastery that is not a ready to consume beverage or foodstuff.
Major Failure has the same meaning as prescribed under the ACL.
Minor Failure has the same meaning as prescribed under the ACL.
Zarraffa’s Roastery means Zarraffa’s Roastery Pty Ltd.

5. Legislative Framework

Competition and Consumer Act 2010 (Cth).

6. Policy

For all returns please contact Zarraffa’s Roastery in the following manners:

(a)     by email to sales@zarraffas.com (please include your name, contact details, sufficient details to identify your purchase, details of the issue with the Goods and why you are seeking a refund, repair or exchange); or

(b)     in writing to (please include your name, contact details, sufficient details to identify your purchase, details of the issue with the Goods and why you are seeking a refund, repair or exchange):

Zarraffa’s Roastery Pty Ltd
Attention: Refunds Department
PO Box 1600
OXENFORD QLD 4210

You should not send your Goods to the above address unless previously requestedto do so by Zarraffa’s Roastery Pty Ltd.

(c)     in person at:

Zarraffa’s Roastery Pty Ltd
Unit 1-2/54 Siganto Drive
HELENSVALE QLD 4212.

6.1 How long do I have?

Your rights to a remedy under the ACL are not limited by a defined time. However, the ACL does recognise that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. This policy adopts the same approach. As you can appreciate, this type of remedy offered may also vary on how long it takes you to return the Goods to us – Zarraffa’s Roastery takes a fair and reasonable approach in this regard.

6.2 Proof of Purchase

(a)     The tax invoice, docket or receipt you received with the Goods at the time of purchase or receipt of the Goods is your best proof of your purchase (although it is not necessarily the only one). In some instances, Zarraffa’s Roastery may ask for more than one (1) type of proof of purchase.

Unfortunately, Zarraffa’s Roastery will not accept a bank or credit card statement unless the amount on that statement directly corresponds to the amount at which the Goods in question were purchased. Where multiple items were purchased in that transaction, it limits the ability to establish proof of purchase. Zarraffa’s Roastery cannot provide copies of receipts if lost or misplaced.

(b)     If Zarraffa’s Roastery cannot be satisfied that you purchased the Goods from it, then, under the law, Zarraffa’s Roastery is entitled to elect whether or not to accept your product for return and refund the purchase price.

Should Zarraffa’s Roastery elect to accept the Goods for return without proof of purchase, Zarraffa’s Roastery may elect to give you a refund of the purchase price in the form of a gift card or online store credit (which may be subject to further terms and conditions).

6.3 Exceptions to a refund, replacement or repair

(a)     Zarraffa’s Roastery is not obliged in all circumstances under the ACL to give you a refund, replacement or arrange for a repair. For example, a consumers use of the goods can affect their durability and the guarantee of acceptable quality will not apply if a consumer:

(i)    uses the goods abnormally;
(ii)    causes the quality of the goods to become unacceptable; or
(iii)    fails to take reasonable steps to avoid the quality becoming unacceptable.

Abnormal use is not specifically defined in the ACL, however, not using the goods in accordance with or contrary to the Manufacturer’s instructions would likely be considered as abnormal use.

(b)     Please choose carefully as refunds are not normally provided by Zarraffa’s Roastery in the following circumstances:

(i)     where a consumer has simply changed their mind about purchasing the goods, i.e a consumer decides that it does not like the purchase or have no use for the purchase;
(ii)     a consumer has discovered that it can buy the goods cheaper elsewhere; or
(iii)     a consumer has damaged the goods by using them in a way that was unreasonable or unintended (this may include washing the Goods in a manner other than as specifically prescribed by the manufacturer, or as noted on the goods, or as noted by Zarraffa’s Roastery at time of sale.

6.4 Procedure

(a)     Assessing.

(i)     Once Zarraffa’s Roastery has established satisfactory proof of purchase in accordance with this policy, an assessment of the goods will be required in order to determine the nature of the issue and what remedy can be provided – those being, refund, repair or exchange.

(ii)    In most circumstances, such as the goods being incorrectly labelled or if the fault is relatively simple to determine, an assessment of the goods can be carried out by Zarraffa’s Roastery.

(iii)    Where Zarraffa’s Roastery is unable to assess the goods and/or determine any issue with the goods, Zarraffa’s Roastery will send the goods to the manufacturer or their authorised repairer for assessment of any repair work required to be done and/or the nature of the goods problem.

(iv)     If you require, Zarraffa’s Roastery can forward your goods to the manufacturer or authorised repairer and liaise with them on your behalf to resolve the issue.

(v)    Any cost incurred by sending the goods back to Zarraffa’s Roastery and/or the manufacturer will be borne by the consumer.

(b)     Assessment Criteria.

(i)    When the goods are assessed by Zarraffa’s Roastery or you request Zarraffa’s Roastery to send the goods to the manufacturer or their authorised repairer agent for assessment, the goods will be assessed in accordance with the same scale which will determine what remedy or remedies are available to the consumer.

(ii)    The assessment will determine whether there:

(A)     is a Minor Fault with the goods;
(B)     is a Major Fault with the goods; or
(C)     has been damage to the goods through abnormal use.

(iii)    If the Goods are assessed as failing to meet one of the SCG’s under the ACL, repair work will be solely at Zarraffa’s Roastery and/or the manufacturer’s cost.

(iv)     Where:

(A)     there has been a Minor Fault and the goods can easily be repaired, a repair of the Goods will be carried out;
(B)     there has been a Major Fault to the goods, you may choose to receive a refund, replacement or repair to the goods; or
(C)     the goods have been damaged due to abnormal use, Zarraffa’s Roastery unfortunately cannot offer a refund or exchange.

(c)     Refund payment.

If there has been a Major Fault and you elect for a refund, subject to you having sufficient proof of purchase and meeting the other requirements of this policy, Zarraffa’s Roastery will provide you with a refund in the form of the previous payment method of payment used to make the original purchase of the goods.

(d)     Time Frame.

It is difficult to determine with precision the exact amount of time it may take for Zarraffa’s Roastery and/or the manufacturer to assess a product fault, undertake repair work and return the goods to you. A reasonable amount of time in the circumstances will depend on the goods that are to be repaired and the nature of the fault. It can often take six (6) weeks or more for the repair of goods to be completed.

(e)     Dealing directly with the manufacturer.

In some circumstances (or at your election), you may find it more convenient to liaise with the manufacturer of the goods directly. Should you wish to deal with the manufacturer or their authorised repairer directly, Zarraffa’s Roastery can provide you with the respective contact details.

In some circumstances, particularly if some time has passed since the date of your purchase of the goods or if the goods fault is unlikely to be a defect, Zarraffa’s Roastery may recommend or require that you speak to the manufacturer direct for repair or servicing work – this will make it easier for you to make arrangements for the repair or return of the goods to you if the goods are assessed as not to have failed to meet one of the SCG’sunder the ACL.

(f)     Repair Notice.

Where goods are to be repaired, those goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

(g)     Limitation of liability.

To the extent permitted by law (but only to the extent that such exclusion does not breach any provision of the ACL), Zarraffa’s Roastery expressly excludes any liability for any indirect or consequential loss (including for loss of revenue or loss of use) arising from or in any way relating to the purchase or use of the goods.

To the extent permitted by law (but only to the extent that such exclusion does not breach any provision of the ACL), Zarraffa’s Roastery will only be liable to a consumer for the cost of replacing the goods, having the goods repaired or obtaining equivalent goods (whichever is the lowest) where they are deemed as not being of acceptable quality or not matching the description given by Zarraffa’s Roastery.

(h)     Repair Facilities and Spare Parts.

Zarraffa’s Roastery gives notices that repair facilities and spare parts are unlikely to be available after 12 months from when the goods are purchased. Zarraffa’s Roastery notes this as, manufacturers for the products are likely to update, adapt or change the goods in each 12 month period.

6.5 Repair to goods outside of the SCG’s

(a)     Where you wish to have the goods you have purchased repaired or serviced in circumstances where the goods have not suffered a failure that would amount to a breach of one of the SCG’s under the ACL, Zarraffa’s Roastery will contact you to ask whether you would still like the repair or product servicing work to be carried out by the manufacturer or their authorised repairer at your own cost. Alternatively, Zarraffa’s Roastery can refer you directly to the manufacturer for repairs and/or service of the goods.

(b)     For example, you may require a repair due to:

(i)     the goods suffering from normal wear and tear;
(ii)    the goods having a problem that occurs after the expiry of the goods expected life (having regard to quality, price and other similar factors); or
(iii)    the goods having a problem that arises because of excessive use or failure to take reasonable care to maintain the goods in good working order and condition; or
(iv)    the goods not being used in accordance with any directions or instructions; or
(v)     the goods require repair due to abnormal use.

(c)     Zarraffa’s Roastery is not obliged to offer you a repair free of charge in the above circumstances or where the goods have not suffered a failure that would amount to a breach of one of the SCG’s under the ACL. You can however, choose to have repairs or product servicing performed on the goods at your own cost.

(d)     To assist you in doing so, the ACL provides that the manufacturer of goods should have, for a reasonable period of time and having regard to the expected life of the product, facilities to repair the goods and/or have adequate spare parts.

6.6 Services

Zarraffa’s Roastery does not provide any services in relation to the goods and therefore any consumer guarantees in relation to services under the ACL unlikely to apply. If for whatever reason a service is provided, this policy will adopt the requirements under the ACL with regard to services.

6.7 Use of Your Personal Information

(a)     Zarraffa’s Roastery may collect personal information during the assessment, repair, refund or exchange process in order to process your request for a repair, refund and/or exchange of goods. Without such information, Zarraffa’s Roastery may be unable to contact you should the goods be required to be sent to the manufacturer.

(b)    It is expressly noted that your personal information may be handled by employees, contractors and/or agents of Zarraffa’s Roastery as required to satisfactorily resolve the requirements under this policy, subject to at all times any person who handles the personal information being bound to confidentiality.

(c)    Zarraffa’s Roastery has policies and procedures in place to ensure that all personal information is handled in accordance with the National Privacy Principles.

(d)    If you wish to obtain further information on the Privacy Policy adopted by Zarraffa’s Roastery, you can find it at www.zarraffas.com/privacy-policy