1. Agreement
These Terms of Service ("Terms") constitute a legally binding agreement between you and Cozie (ABN 80 241 124 181) ("we", "us", "our") and govern your access to and use of the website located at cozie.com.au (the "Site") and the purchase of any products or services from us.
By accessing or using the Site, or by placing an order with us, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Site.
2. Definitions
In these Terms, unless the context requires otherwise:
- "ACL" means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth);
- "Customer", "you" and "your" mean the person or entity placing an order with us;
- "Order" means a request to purchase Products from us submitted via the Site;
- "Pre-Order" means an Order placed before Products are available for immediate shipment;
- "Products" means the goods offered for sale by us on the Site; and
- "Site" means the website operated by us at cozie.com.au.
3. Capacity and eligibility
By placing an Order with us, you warrant that you are at least 18 years of age, have the legal capacity to enter into binding contracts, and are purchasing the Products for personal or business use and not for resale.
4. Orders and acceptance
The display of Products on the Site constitutes an invitation to treat and not an offer to sell. Your submission of an Order constitutes an offer by you to purchase Products on these Terms.
No Order will be deemed accepted by us until we issue you an order confirmation by email. We reserve the right to refuse or cancel any Order at our sole discretion, including without limitation where:
- the Product ordered is unavailable or has been discontinued;
- there is a pricing or product description error on the Site;
- we suspect fraudulent activity or breach of these Terms; or
- we are unable to verify your identity, payment or shipping details.
If we cancel an Order for any of the above reasons after payment has been processed, we will refund the full amount paid to your original payment method.
5. Pricing and payment
All prices are quoted in Australian Dollars (AUD) and are inclusive of any applicable taxes unless otherwise stated.
We advise that we are not currently registered for Goods and Services Tax (GST) and accordingly no GST is charged on our products. Should we become required to register for GST in the future, we will update our pricing and these Terms accordingly.
Payment must be made in full at the time the Order is placed using one of the payment methods made available on the Site. Title to the Products will only pass to you upon receipt of cleared funds. Risk in the Products passes to you upon delivery.
We use third-party payment processors (including Shopify Payments and PayPal) to process payments. Each payment processor is subject to its own terms and conditions, which you accept by selecting that processor at checkout.
6. Pre-Orders
Certain Products may be offered for sale on a Pre-Order basis. By placing a Pre-Order you acknowledge and agree that:
- delivery of the Pre-Ordered Products is anticipated within 4 to 6 weeks of the date your Order is placed, but is subject to manufacturing and shipping timelines which may change;
- we may revise expected delivery timelines, in which case we will notify you by email and you may elect to continue your Pre-Order or cancel for a full refund;
- you may cancel your Pre-Order at any time before it ships by contacting us at cozieau@gmail.com, and we will refund the full amount paid within 5 business days of cancellation; and
- if, for any reason, we are unable to fulfil your Pre-Order (including by reason of manufacturing failure, supplier insolvency, force majeure event or business closure), we will refund the full amount paid to you as soon as reasonably practicable.
The Pre-Order price displayed at the time you place your Order is locked in for that Order and will not be retroactively increased.
7. Shipping and delivery
Shipping and delivery is governed by our Shipping Policy, which forms part of these Terms.
Delivery timeframes are estimates only and we do not guarantee delivery by any particular date. We are not liable for delays caused by third-party carriers or other circumstances beyond our reasonable control.
8. Returns, refunds and the 30-day satisfaction guarantee
Returns and refunds are governed by our Returns and Refunds Policy, which forms part of these Terms. Nothing in these Terms limits your statutory rights under the ACL.
9. Warranty
Warranty terms are set out in our Warranty Policy, which forms part of these Terms. Our warranties are in addition to, and do not exclude or replace, any rights you may have under the ACL.
10. Consumer guarantees under the Australian Consumer Law
If you are a consumer for the purposes of the ACL, our Products come with guarantees that cannot be excluded under the ACL. These guarantees include that the Products will be of acceptable quality, fit for any disclosed purpose, match their description, and correspond to any sample or demonstration model.
You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also 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.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL that cannot lawfully be excluded, restricted or modified.
11. Intellectual property
All intellectual property rights in and to the Site (including its content, design, code, photographs, text, graphics and logos) and in and to the Products and their packaging are owned by or licensed to us. Nothing on the Site grants you any right, title or interest in or to any such intellectual property, except a limited right to access and use the Site for personal, non-commercial purposes.
You may not copy, reproduce, modify, distribute, publish, transmit, frame, scrape or otherwise exploit any content on the Site without our prior written consent.
12. User-generated content
If you submit any reviews, comments, photographs, videos or other content to us or to our public-facing channels (including social media), you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, reproduce, modify, adapt, publish and display that content for any purpose connected with our business (including marketing and promotional use).
You warrant that any content you submit is your own original work, does not infringe any third-party rights and does not contain anything unlawful, defamatory or offensive.
13. Acceptable use
You agree not to use the Site to:
- access, tamper with or use non-public areas of the Site or our systems;
- probe, scan or test the vulnerability of any of our systems or networks;
- circumvent any security or authentication measures;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
- interfere with or disrupt the access of any user, host or network, including by sending viruses, overloading, flooding or spamming;
- collect or harvest personal information from the Site without consent; or
- use the Site for any unlawful, harmful, harassing, threatening, defamatory or fraudulent purpose.
We may suspend or terminate your access to the Site for any breach of this clause.
14. Disclaimer of warranties
To the maximum extent permitted by law (and except for any non-excludable consumer guarantees under the ACL), the Site is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Site will be uninterrupted, error-free or free from harmful components.
15. Limitation of liability
To the maximum extent permitted by law, our total aggregate liability to you in connection with any Order, the Products or the Site is limited to the amount paid by you for the relevant Order.
We will not be liable for any indirect, incidental, consequential, special or punitive damages, including any loss of profits, revenue, data, goodwill, opportunity or anticipated savings, however arising and whether or not we were advised of the possibility of such damages.
Nothing in this clause excludes, restricts or modifies any liability of ours which cannot lawfully be excluded, restricted or modified, including liability under the ACL.
16. Indemnity
You agree to indemnify us, our officers, employees and agents against all claims, losses, damages, costs and expenses (including reasonable legal costs) arising from or in connection with your breach of these Terms, your misuse of the Site, or your infringement of any third-party rights.
17. Force majeure
We will not be liable for any failure to perform or delay in performing our obligations under these Terms to the extent such failure or delay is caused by an event beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemic, strikes, embargoes, supplier or carrier failures, or failures of the internet or telecommunications systems.
18. Privacy
Our collection and use of your personal information is governed by our Privacy Policy, which forms part of these Terms.
19. Severability
If any provision of these Terms is found to be invalid, unenforceable or void, that provision will be severed and the remaining provisions will continue in full force and effect.
20. Waiver
No failure or delay by us in exercising any right, power or remedy under these Terms will operate as a waiver of that right, power or remedy.
21. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without notice to you.
22. Entire agreement
These Terms, together with our Privacy Policy, Shipping Policy, Returns and Refunds Policy and Warranty Policy, constitute the entire agreement between you and us in relation to your use of the Site and the purchase of Products from us, and supersede all prior agreements, representations and understandings.
23. Governing law and jurisdiction
These Terms are governed by the laws of the State of Queensland, Australia. You and we submit to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia in connection with any dispute arising out of or in connection with these Terms.
24. Changes to these Terms
We reserve the right to amend these Terms at any time. The current version of these Terms will be published on the Site with the date of last revision. Your continued use of the Site or placement of any Order after any amendment constitutes your acceptance of the amended Terms.
25. Contact us
For any questions about these Terms, please contact us:
Cozie
ABN 80 241 124 181
Brisbane, QLD, Australia
Email: cozieau@gmail.com