Sony - Recycle-Receive Promotion
Summary
Customers who purchase 1 of 3 Sony headphones are then eligible after their purchase to trade in used headphones from selected major brands and receive a trade in cash back of up to $50.00 which will be paid to your nominated bank account.
Sony has partnered with The Activ Group Solutions Pty Ltd trading as Ecoactiv who will organise the recycling of the used headphones and arrange for the trade in cash back on Sony’s behalf.
The trade in cash back amount will be received 30 Business Days after your used headphones are received by Ecoactiv.
Customers must comply with these terms and conditions to be eligible for their trade in cash back.
See below for full terms and conditions.
Disclosure notice in accordance with section 47A of the Fair Trading Act 1987 (NSW)
These promotional terms are important, and you should read them fully. However, there are some specific terms we wanted to make you aware of. These are set out below:
• Promotion is subject to change or cancellation without prior notice (see clause 25): Where this occurs, it will not impact Eligible Purchases made prior to the change or cancellation coming into effect, and customers who have made these Eligible Purchases are still entitled to complete the process to obtain a trade in cash back of up to $50.00 in accordance with these terms and conditions.
• Sony’s limitation of liability (see clauses 28 and 29): To the extent permitted by applicable law and subject always to the Non-Excludable Guarantees, Sony will not be liable to you in any way for any cause in connection with this Promotion and our liability to you will be limited as set out in sections 28 and 29 of these terms and conditions).
Promoter
1. The Promotion is administered by Sony Australia Limited (ABN 59 001 215 354) of Level 3, 165 Walker Street, North Sydney NSW 2060 (Sony, Promoter, we, us or our).
Promotion
2. Instructions on how You can participate in the Sony Recycle-Receive Promotion (“Promotion”) and be eligible to receive a cash payment form part of these terms and conditions (“Terms”). Your participation in the Promotion is deemed acceptance of these Terms of Service.
3. Eligible Participants who:
(a) make an Eligible Purchase on or after the Commencement Date;
(b) initiate the recycling process of a Pre-Loved Product with Ecoactiv either at (i) the time of completing their Eligible Purchase or (ii) within 10 Business Days from the purchase date of the Eligible Purchase (if You do not do so when initially prompted on screen when prompted after making an Eligible Purchase); and
(c) do not return the Eligible Purchase between the Eligible Purchase Date and Redemption Date;
will be eligible to receive a trade in cash payment via electronic bank transfer from Ecoactiv subject to these Terms of Service (and in particular, the terms under the sections Cash Payment Amount and Trading in Your Pre-Loved Product with Ecoactiv).
4. The Promotion commences on the Commencement Date.
5. For the purposes of these Terms of Service:
(a) “Business Day” means any day that is not a Saturday, Sunday or public holiday in New South Wales.
(b) “Cash Payment Amount” means the amount You receive upon recycling a Pre-Loved Product with Ecoactiv, the amounts of which are set out at the Website and as updated or varied by Sony from time to time in accordance with clause 24.
(c) “Commencement Date” means 12:00 am 27 November 2024.
(d) “Ecoactiv” means The Activ Group Solutions Pty Ltd ABN 64 640 456 971 and its related bodies corporate and subsidiaries from time to time.
(e) “Eligible Participant” has the meaning given to this term in clause 6.
(f) “Eligible Purchase” means the purchase from Sony Online Store or a Sony Store of a product eligible for participation in the Promotion, as listed at the Website, and as updated or varied by Sony from time to time in accordance with clause 8.
(g) “Eligible Purchase Date” means the invoice and shipping date for Your Eligible Purchase.
(h) “Ineligible Product” means any electronic product that is not included as a Pre-Loved Product.
(i) “Pre-loved Product” means the electronic products, set out at the Website, and as updated or varied by Sony from time to time in accordance with clause 22, which are able to be recycled with Ecoactiv for Eligible Participants to receive a Cash Payment Amount after making an Eligible Purchase.
(j) “Promotion” means the Sony Recycle-Receive Promotion as set out in these Terms.
(k) “Redemption Date” means 30 Business Days after the date your Pre-Loved Product is received by Ecoactiv in accordance with clause 15(d).
(l) “Sony Online Store” means Sony’s online store located at https://store.sony.com.au.
(m) “Sony Store” means any of the physical Sony stores located in Castle Hill, Chatswood and Parramatta, New South Wales.
(n) “Terms” means these terms for the Promotion.
(o) “You or Your” is a reference to the person who participates in the Promotion as an Eligible Participant;
(p) “Website” means Sony’s website for the Promotion located at https://store.sony.com.au/trade-in-products.html.
(q) “$” is a reference to Australian Dollars (AUD); and
(r) the singular includes the plural and vice versa.
Eligibility to be an Eligible Participant
6. To be eligible to participate in the Promotion, You must, on or after the Commencement Date:
(a) be an Australian resident with an Australian residential address;
(b) be aged 18 years and older. If You are under 18 years old, You must have parental/guardian approval to participate in this Promotion and Your parent/guardian must read and consent to these Terms as the Cash Payment Amount can be used to purchase goods and services which are otherwise unlawful for purchase by persons under 18 years old. Parents/guardians may be required by Sony to enter into a further agreement, as reasonably requested by Sony, as evidence of consent to the minor participating in this Promotion. Employees (and their immediate families) of Sony are eligible to participate in this Promotion;
(c) make an Eligible Purchase from only:
(i) the Sony Online Store; or
(ii) a Sony Store,
(such person hereafter referred to as an “Eligible Participant”).
7. For clarity, an Eligible Purchase does not include any:
(a) purchase of Sony goods or services from:
(i) any other authorised dealer or distributor of Sony products in Australia;
(ii) Sony Australia’s official stores on ebay, Catch, Amazon or any other online marketplace platforms;
(iii) any lay-by or duty-free store, discounted or clearance eBay sales, parallel import stores or second-hand purchases/retailers,
OR
(b) any Sony branded parallel imported products purchased in Australia.
8. Sony reserves the right to update or vary the products that are included as an Eligible Purchase at its sole discretion and without prior notice to You by updates made on the Website. Where the products that are included as an Eligible Purchase are updated or varied, the changes will not apply to Eligible Purchases that have already occurred. It will only apply to Eligible Purchases made from the next Business Day after the change takes effect.
9. For clarity, the eligibility criteria contained in clause 6(c) (with respect to the Eligible Purchase) has been included into this Terms of Service as the Promotion is administered only by Sony.
10. You can only participate in the Promotion in your own name (or nickname if chosen). We reserve the right, at any time, to verify the validity of Your eligibility to participate in the Promotion (including an Eligible Recipient’s identity, age and place of residence) and reserves the right, acting reasonably in our sole discretion, to revoke Your eligibility if we have reason to believe that you have provided false or fraudulent information.
11. If there is a dispute as to the identity of an Eligible Participant, Sony reserves the right, in its sole discretion (acting reasonably), to determine the identity of the Eligible Participant.
12. Failure by Sony to enforce any of its rights at any stage does not constitute a waiver of those rights. Sony reserves its legal rights to recover damages or other compensation from such an offender.
Eligibility for You to qualify for receiving a Cash Payment Amount
13. Once You have made an Eligible Purchase, if you wish to participate in the Promotion, You will be directed to Ecoactiv’s webpage to process:
(a) recycling Your Pre-Loved Product by placing an order with Ecoactiv; and
(b) receiving Your Cash Payment Amount.
14. If you do not participate in the Promotion when prompted after completing your Eligible Purchase, but wish to do so later within 10 Business Days from the date of your Eligible Purchase, you may do so by contacting the Sony customer service team (https://web.sony-asia.com/au/contact-us/). Please have the email address you used to complete your Eligible Purchase and your Eligible Purchase Order number ready. The Sony customer service team will send you a link, and by following that link you will be able to commence the recycling of Your Pre-Loved Product with Ecoactiv. For clarity, you must commence the recycling of Your Pre-Loved Product with Ecoactiv within 10 Business Days from the date of your Eligible Purchase.
15. For You to qualify for receiving a Cash Payment Amount, you must meet the following requirements:
(a) You must not have returned the Eligible Purchase between the Eligible Purchase Date and the Redemption Date;
(b) You must commence the recycling of Your Pre-Loved Product by opening an account with Ecoactiv and placing an order for your Pre-Loved Product within 10 Business Days after the Eligible Purchase Date if you do not start the process when prompted with the option to do so after completing Your Eligible Purchase;
(c) You must only recycle a Pre-Loved Product with Ecoactiv and not an Ineligible Product, as set out in clause 21 (Trading in Your Pre-Loved Product with Ecoactiv);
(d) Your Pre-Loved Product must be received by Ecoactiv within 30 Business Days from the Eligible Purchase Date; and
(e) You have otherwise complied with the terms of the Promotion. Sony reserves the right to work with Ecoactiv to prevent You receiving a Cash Payment Amount where you have engaged in, or Sony reasonably suspects based on available evidence that you have engaged in, fraudulent or illegal activity relating to the Promotion. Any fraudulent or illegal activity may be subject to appropriate administrative and/or legal action by Sony, including providing Your personal information to law enforcement authorities where Sony is required to do so;
16. If you meet the requirements set out in clause 15 above, You will receive your Cash Payment Amount on or before the Redemption Date. You are limited to one Cash Payment Amount for each Eligible Purchase made.
17. The Cash Payment Amount You receive is subject to the type of product you purchased as your Eligible Purchase from Sony, as set out in clauses 23 to 24 (Cash Payment Amount).
18. For clarity, the eligibility criteria (and restrictions) contained in clause 15(a) (with respect to returning Your Eligible Purchase) has been included into the Terms of Service to limit the possibility of Eligible Participants exploiting Sony’s “30 day love it or your money back” guarantee which is provided to MySony Members.
19. As Your interactions with Ecoactiv are outside of Sony’s environment and control, Your interactions with Ecoactiv are governed by any terms and conditions between You and Ecoactiv. Accordingly, Sony will not be responsible or liable to You for any error, act or omission by You or Ecoactiv, including (but not limited to):
(a) if the Cash Payment Amount is issued to the wrong bank account or is otherwise unable to be issued to You for any reason outside of our control;
(b) any delays in the Cash Payment Amount being issued to You beyond the Redemption Date; or
(c) if You have been issued the incorrect Cash Payment Amount.
20. You are responsible for ensuring that the email address you register with Ecoactiv and any other personal information provided to EcoActiv is up to date and We are not responsible or liable to You if Your bank account details and any related personal information provided to EcoActiv are incorrect meaning you cannot receive the Cash Payment Amount. You agree that You will not bring a claim against Sony, its employees, directors, agents or contractors due to being unable to receive your Cash Payment Amount in accordance with this clause.
Trading in Your Pre-Loved Product with EcoActiv
21. As the Promotion is offered as a benefit to You and Sony cannot reasonably extend the Promotion to every type and kind of electronic product being recycled, You will not qualify for receiving a Cash Payment Amount if You recycle an Ineligible Product with EcoActiv.
22. Sony reserves the right to update or vary the Pre-Loved Products at its sole discretion and without prior notice to You by updates made on the Website. Where the Pre-Loved Products are updated or varied, the changes will not apply to Eligible Purchases that have already occurred at the time the change is made. It will only apply to Eligible Purchases made from the next Business Day after the change takes effect.
Cash Payment Amount
23. If You are eligible for a Cash Payment Amount, the amount You will receive is set out at the Website, and may depend on which product you purchased from Sony as your Eligible Purchase.
24. Sony reserves the right to alter the amounts for the Cash Payment Amount at its sole discretion and without prior notice to You by updates made on the Website. Where the Cash Payment Amount is altered, the changes will not apply to Eligible Purchases that have already occurred. It will only apply to Eligible Purchases made from the next Business Day after the change takes effect.
Termination, modification and suspension of the Promotion
25. Sony reserves the right to change or cancel this Promotion at its discretion without prior notice. Changes to or cancelling of this Promotion will not affect any Eligible Purchases made prior to the time of change or cancellation, and customers who have made these Eligible Purchases are still entitled to complete the process to obtain a Cash Payment Amount in accordance with these Terms.
26. In the event of:
(a) any factors outside Sony’s control which prevent this Promotion from running as planned;
(b) the Promotion is interfered with in any way outside of Sony’s control; or
(c) the Promotion is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Sony,
then Sony reserves the right to immediately cancel, terminate, modify or suspend the Promotion subject to any written directions from government or regulatory authorities. For the purposes of this clause such matters outside Sony’s control include but are not limited to pandemic, terrorism, state of emergency, computer virus or hacking, unauthorised intervention or fraud, or any other technical difficulties or equipment malfunction which adversely affects the administration, security, fairness or integrity of this Promotion.
General
27. Any costs associated with accessing any of the required websites set out in these Terms of Service remain the responsibility of each Eligible Participant and are dependent on the internet service provider used.
28. Nothing in these Terms of Service limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees set out in Schedule 2 - Australian Consumer Law of the Competition and Consumer Act 2010 (Cth) (“CCA”), as well as any other implied warranties under the Australian Securities and Investments Act 2001 (Cth) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). If the CCA or any other legislation implies a condition, warranty or term into the Terms of Service or provides statutory guarantees in connection with these Terms of Service, in respect of goods and services supplied (if any), Sony’s liability for breach of such condition, warranty, or other term or guarantee is limited to the extent it is able to do so: (a) in the case of supply of goods, Sony doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent goods; and/or (iv) paying the cost of having the goods repaired; or (b) in the case of supply of services, Sony doing either or both of the following: (i) supplying the services again; and/or (ii) paying the cost of having the services supplied again.
29. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Sony (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties; (b) any theft, unauthorised access or third party interference; (c) any tax liability incurred by a participant; or (d) taking / use of the Cash Amount.
30. Except in the case of the process for changes to the products included as an Eligible Purchase (clause 8), changes to the Pre-Loved Products (clause 22) or changes to the Cash Payment Amount (clause 24), Sony may vary these Terms from time to time in its discretion. Where this involves a material change and/or it will have a significant impact upon You, Sony will use its reasonable endeavours to provide You with prior reasonable notice of these changes at the Website. Sony may not be able to provide such notice where Sony needs to amend the Terms immediately. For example, where (a) Sony is required by law to do so; (b) due to unexpected or operational issues beyond Sony’s reasonable control or (c) where it is reasonably necessary to protect Sony’s infrastructure, systems, data, security or assets and/or your personal information (for example where the Website and/or the Promotion is subject to a cyber incident or other unauthorised access).
31. These Terms are governed by and will be construed in accordance with the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of NSW and the Commonwealth with respect to any action or other legal process with respect to any matter in connection with these Terms.
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