Zarraffa’s Coffee Stores Refund Policy

1. Introduction

Each Zarraffa’s Coffee store is independently owned and operated (either as an authorised franchisee or a corporate store of Zarraffa’s Franchising Pty Ltd) that sells consumers:

(a)   items of merchandise branded with the Zarraffa’s Coffee logo and/or other trade dress; and
(b)   ready to consume beverage and foodstuffs.

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 Coffee to comply with the SCG’sunder 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.

At Zarraffa’s Coffee we constantly strive to seek the trust of our consumers across the entire group. While our core product is quick service retail whereby we provide ready to consume coffee and other products, some Zarraffa’s Coffee Stores may choose to sell branded merchandise.

2. Purpose

This policy has been drafted to clarify how Zarraffa’s Coffee Stores selling branded merchandise treats, refunds, repairs and exchanges those Goods sold to consumers.

3. Application

This policy will apply at the time of purchasing any Goods from a Zarraffa’s Coffee Store.

4. Definitions

Goods means the item or items of merchandise branded with the Zarraffa’s Coffee logo and/or other trade dress as sold in the Zarraffa’s Coffee Store(s) 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 Coffee means the collective group of independently owned and operated coffee shops under the brand Zarraffa’s Coffee, either as an authorised franchisee or as a corporately owned store of Zarraffa’s Franchising Pty Ltd.
Zarraffa’s Coffee Store means the Zarraffa’s Coffee store at which you purchased the Goods.

5. Legislative Framework

Competition and Consumer Act 2010 (Cth).

6. Policy

For all returns please see the franchisee, store manager or supervisor on shift of the Zarraffa’s Coffee Store the Goods were purchased from. If you are seeking a refund, repair or exchange, the franchisee, store manager or supervisor of a Zarraffa’s Coffee Store may ask for a reasonable explanation of why the refund, repair or exchange is requested.

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 Goodsto us – Zarraffa’s Coffee requires all Zarraffa’s Coffee Stores to take 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 of the Goods is your best proof of your purchase (although it is not necessarily the only one).In some instances, a Zarraffa’s Coffee Store may ask for more than one (1) type of proof of purchase.

Unfortunately, a Zarraffa’s Coffee Store 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. A Zarraffa’s Coffee Store cannot provide copies of receipts if lost or misplaced.

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

Should that Zarraffa’s Coffee Store elect to accept the Goods for return without proof of purchase, the Zarraffa’s Coffee Store will give you a refund of the purchase price in the form of a gift card or a complimentary drinks card (which may be subject to further terms and conditions).

6.3 Exceptions to a refund, replacement or repair

(a)     A Zarraffa’s Coffee Store is not obliged in all circumstances under the ACL to give you a refund, replacement or arrange for a repair. For example, your use of the Goods can affecttheir durability and the guarantee of acceptable quality will not apply if you:

(i)     use the Goods abnormally;
(ii)     cause the quality of the Goods to become unacceptable; or
(iii)     fail 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 a Zarraffa’s Coffee Store in the following circumstances:

(i)     Where you simply changed your mind about purchasing the Goods, i.e you decide that you do not like the purchase or have no use for the purchase;
(ii)     You have discovered that you can buy the Goods cheaper elsewhere; or
(iii)     You have 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 Coffee at time of sale.)

(c)     Zarraffa’s Coffee gift cards cannot be returned for a refund.

6.4 Procedure

(a)     Assessing.

(i)     Once the Zarraffa’s Coffee Store 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 the franchisee, store manager or supervisor at the relevant Zarraffa’s Coffee Store.

(iii)     Where the Zarraffa’s Coffee Store is unable to assess the Goods and/or determine any issue with the Goods, then the Zarraffa’s Coffee Store 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 Good’s problem.

(iv)     If you require, the Zarraffa’s Coffee Store 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 you in bringing the item back to the Zarraffa’s Coffee Store will be borne by you.

(b)     Assessment Criteria.

(i)     When the goods are assessed by the Zarraffa’s Coffee Store or you request the Zarraffa’s Coffee Store 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 you.

(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 the Zarraffa’s Coffee Store 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. Alternatively, you may request a gift card or complimentary cards to the equal or greater value of the Goods – if a gift card or complimentary card is requested, it willonly be available for use at the Zarraffa’s Coffee Store at which the Goods were purchased; 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, the Zarraffa’s Coffee Store 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 the Zarraffa’s Coffee Store 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.

(i)     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, the Zarraffa’s Coffee Store can provide you with the respective contact details.

(ii)     In some circumstances, particularly if some time has passed since the date of your purchase of the Goods and if the Goods fault is unlikely to be a defect, the Zarraffa’s Coffee Store may recommend that 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’s under 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), the Zarraffa’s Coffee Store 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), the Zarraffa’s Coffee Store will only be liable to you 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 the Zarraffa’s Coffee Store.

(h)     Repair Facilities and Spare Parts.

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

6.5 Expectations of staff

(a)     All Zarraffa’s Coffee staff covered by this policy are obligated to ensure that your statutory rights are not limited in any way. Limiting your rights may include:

(i)    informing you that the manufacturer is solely obligated to remedy your faulty product;
(ii)    refusing to refund a product that is faulty or became faulty through no fault of your own within a reasonable time frame; or
(iii)    failing to assist in a courteous and timely manner with a remedy that is in accordance with this policy.

(b)     Please note that a staff member may reasonably direct you to the Zarraffa’s Coffee Store at which the Goods were purchased in order to satisfy your enquiry and provide you with a remedy. This redirection may be required as a result of the Zarraffa’s Coffee Stores being independently owned and operated under a franchise model.

(c)     If at any time you feel that a Zarraffa’s Coffee Stores staff member’s conduct is not in accordance with this policy, then ask to speak to the franchisee, the store manager or supervisor.

6.6 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, the Zarraffa’s Coffee Store 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, the Zarraffa’s Coffee Store 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 require repair due to abnormal use.

(c)     The Zarraffa’s Coffee Store 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.

6.7 Services

Zarraffa’s Coffee do not provide any services in relation to the Goods and therefore any SCG’s 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.

6.8 Use of Your Personal Information

(a)     A Zarraffa’s Coffee Store 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, the Zarraffa’s Coffee Store may be unable to contact you should the Good 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 the Zarraffa’s Coffee Store as required by the Zarraffa’s Coffee Store to satisfactorily resolve the requirements under this policy, this may include Zarraffa’s Franchising Pty Ltd, subject to at all times any person who handles the personal information being bound to confidentiality. Where you choose to escalate a dispute in accordance with clause 6.10 of this policy, you expressly consent to Zarraffa’s Franchising Pty Ltd and its employees, contractors and agents to obtain your personal information from the relevant Zarraffa’s Coffee Store in order to deal with the issue as required.

(c)     Zarraffa’s Coffee have 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 Zarraffa’s Coffee Privacy Policy, you can find it at www.zarraffas.com.au/privacy

6.9 Dispute Resolution

If at any time you feel that your rights under the ACL or rights in accordance with this policy are not being satisfactorily observed by the relevant Zarraffa’s Coffee Store or the manufacturer then you may escalate your dispute:

(a)    by email to admin@zarraffas.com (please include your name, contact details, the Zarraffa’s Coffee Store name and details of the dispute); or

(b)    in writing to (please include your name, contact details, the Zarraffa’s Coffee Store name and details of the dispute):

Zarraffa’s Franchising Pty Ltd
Attention: Zarraffa’s Coffee Refunds Department
PO Box 1600
OXENFORD QLD 4210.

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

6.10 Contact Us

For further information on anything contained in this policy, please discuss with the franchisee or manager of the Zarraffa’s Coffee Store at which you purchased the Goods.

6.11 Version and right to amend

(a)     This policy is published as version 2.1 and released in May 2016.

(b)     Zarraffa’s Coffee reserves the right to amend and revise this policy at any time. In the event of a change, the policy that applied at the time of sale of the Goods will continue to apply. Any purchase of the Goods on or after the release date of this policy, as noted under this clause, will apply to that purchase.
A Zarraffa’s Coffee Store will have this policy (and any amendment) available at store. Zarraffa’s Franchising Pty Ltd may, but is not required to, make available a copy of this policy on its website.