1.1 These terms and conditions of sale (“sale terms”) apply to the order, supply, sale and delivery of products to you which are purchased on this site.This siteis owned and operated by Cocco Corporation Pty Ltd ACN 007 885 190 in its capacity as trustee for N D Treliving Family Trust ABN 44 682 103 598.
1.2 These sale terms do not apply to products you have purchased or acquired in any other manner (instore or otherwise). In particular, these sale termsdo not apply to commercial/wholesale purchases (which are governed by our separate wholesale terms and conditions).
1.3 These sale terms together with the website use terms form a legally binding agreement between you and us. The website use terms (as published on our site) apply to your access to, and use of, this site and the services available through this site.
1.5 In placing an order through this site, you acknowledge that you have read and understood and agree to be bound by these sale terms and the website use terms.
2. Privacy Collection Statement
3. Meaning of words
In these sale terms:
“agreement” means the agreement between you and us comprising the website use terms and, if you place an order through the sitefor products, these sale terms;
“applicable laws” means any and all statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time which pertains to any aspect of this agreement;
“harmful code” means any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorised access to or corruption of data;
“loss” means any loss or damage of any kind including, without limitation, any loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage, lost data, business interruption or liability to a third party;
“materials” means any content made available by us via the site (including but not limited to information, data, code, documents, images, photographs, graphics, audio, videos or webcasts);
“personal information” has the meaning given to such expression in the Privacy Act 1988 (Cth);
"products" means any products promoted on this site including any products made available for purchase from this site;
“saleterms” means these terms and conditions of sale, as varied by us from time to time;
"site" means any part of this website and any other web site operated by or on behalf of us;
“taxes” means all taxes, duties, levies and charges (other than GST) in connection with any products or any transaction under this agreement;
"use" includes access or use or attempted access or use of any part of the site and includes (without limitation) access to and use of site content, download of any content from the site, completion and submission of any online form available at or through the site, submission of any email to an email address identified at or through the site, participation in any online forum or similar facility available at or through the site and purchasing or ordering any products made available through the site;
"we", "us" and "our" means Cocco Corporation Pty Ltd (ACN 007 885 190) as trustee for the N D Treliving Family Trust of 33c Ingoldby Road, McLaren Flat SA 5171 Australia and any related corporations and their respective officers, employees, agents and contractors including (without limitation) site hosts, operators and developers and contributors of materials;
“websiteuseterms” means the website use terms made available on our site; and
"you" and "your" means any person or other entity who or which seeks to access and use the site.
4. Ordering products
4.1 Any order for products placed via the site is an offer by you to purchase those products for the price of those products (together with all applicable delivery fees and taxes) at the time you place your order. Confirmation by us of receipt of your order does not signify our acceptance of your order.
4.2 Unless otherwise specified on the site or agreed to by us (in our discretion), products may only be purchased by persons who are resident in Australia or New Zealand. If you are not resident in Australia or New Zealand, please contact us prior to placing your order to ensure that we are able to complete sale and delivery of your order.
4.3 We reserve the right, at any time after receipt of your order:
(a) to decline your order for any reason in our absolute discretion including, without limitation, where any products in the order are not available, if there is an error or omission in the price or description of the products on the site, payment in respect of the order is unable to be processed or you are ineligible to purchase the products due to age or location restrictions; and
(b) to supply less than the quantity you ordered of any productwithout prior notice to you (provided however that you will not be charged for the quantity we are unable to supply).
4.4 All orders placed must obtain pre-approval with a method of payment acceptable to us. We may require additional verification or information before accepting any order.
4.5 Orders must be placed online via the site. Phone orders will not be accepted. Retailers, distributors, exporters, wholesalers, or other persons who intend to resell the products, are not permitted to place orders for products via the site.
5. Price and payment terms
5.1 We will charge you, and you agree to pay, the price of each product ordered on the site together with all delivery fees, insurance fees (if we make insurance arrangements for you pursuant to this agreement) and taxes set out in these sale terms. Prices for products are shown on the siteat the time you place your order and are, unless otherwise stated, inclusive of GST. Prices for products are subject to change from time to time.
5.2 Subject to these sale terms, once we have accepted your order, we will not change any prices that apply to the products in that order (subject to any additional charges under these sales terms e.g. additional delivery charges – please see paragraph 6.7).
5.3 Unless otherwise specified, accessories shown in any product image are not included in the product price.
5.4 We may add any third party payment processing or credit card processing fees to the amount payable by you (e.g. a 1.5% fee, as varied from time to time, for credit card payments).
5.5 You must make all payments due to us under this agreementin Australian Dollars. If any amounts are shown on this sitein other currencies these are only indicative and may vary due to exchange rate variations at the actual time of a transaction.
5.6 We may utilise the services of third parties with respect to the processing of payments. Where applicable, you must comply with all relevant requirements of these third parties. We will not be responsible for any delays or deficiencies in the performance of such third parties.
5.8 Errors may occur in the description or pricing of products. We may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.
6. Delivery terms
Requirements for delivery address
6.1 Products will only be delivered to the delivery address specified in your order (subject to the requirements for delivery addresses below). We are not responsible for any incorrect or unclear delivery details. Each order may only be sent to one delivery address.
6.2 For delivery within Australia: The delivery address you provide must be a street address in Australia. Unless we advise you otherwise in relation to a particular order, we are not able to deliver to a PO Box.
6.3 For delivery outside Australia: If you specify a delivery address outside Australia, we will contact you prior to despatching your order to confirm whether we are able to deliver the products to you at that address and, if so, the applicable delivery charges.
Delivery is at your risk
6.4 Products are sent at your risk. We are not liable for any breakages or damage to the products during delivery. You may contact us prior to placing your order to discuss insuring bulky, valuable or fragile products at your cost. We may charge a fee for considering and/or making insurance arrangements at your request.
6.5 Where the mode of delivery requires that someone be at the delivery address to accept delivery, we accept no responsibility for failure to deliver if no-one is at your premises when delivery is attempted. We may require the person accepting delivery of the products to print and sign their name on the delivery invoice and show some form of photo identification for the purpose of identity verification. If the order is unable to be delivered, a card will be left at the delivery address. This card will advise the next steps required to obtain delivery of your order. We reserve the right to charge you an administration fee and additional delivery fees for redelivery of your order.
6.6 Where the mode of delivery allows for products to be left at the delivery address, we accept no responsibility for loss of or damage to products occurring after the products are left at the specified address.
Delivery times and fees
6.7 You are responsible for all delivery and shipping fees. Delivery fees provided at the time you place an order are estimates only and are provided for your convenience. In some instances additional delivery fees may be chargeable based on the delivery address you specify (i.e. for remote/isolated locations). We will confirm any additional delivery fees with you prior to despatching your order. If you do not agree to our additional delivery fees we will cancel and refund your order.
6.8 The delivery times we provide are estimates only. We cannot guarantee or provide a day of the week or time of day for delivery. Late delivery does not entitle you to cancel any purchase of products. We will not be held accountable for late deliveries or any loss incurred as a result of or incidental to any late deliveries.
6.9 In the event that multiple items are ordered, part deliveries may be made where all products are not available. If we are unable to supply a product you have ordered, we will offer you the option of purchasing an alternative product or providing you with a refund. All reasonable attempts to notify you will be made using the phone number or email address you have provided.
7. Australian Consumer Law guarantees
7.1 Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for 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.
7.2 Where a failure does not amount to a major failure, we are entitled to choose between providing you with a repair, replacement or other suitable remedy.
7.3 The above rights are subject to any other applicable terms of the Australian Consumer Law. There may be circumstances where you are not entitled to a remedy under the Australian Consumer Law (for instance, where you got what you asked for but simply changed your mind, found a product cheaper somewhere else, decided you did not like the purchase or had no use for the product).
7.4 If you return a productthat you consider is in breach of the Australian Consumer Law, it may be necessary for us to test and assess the product in order to determine if the productdoes not comply with the Australian Consumer Law prior to replacing, re-supplying or repairing the productor issuing a refund to you.
7.5 Please refer to the Australian Consumer Law website (http://consumerlaw.gov.au/) for further information.
8. Use of the products
8.1 Without limiting any other limitations and restrictions, you must only use products in accordance with any warnings and instructions provided by us with those products. You should not use any products if you have any concerns regarding the instructions or warnings or the suitability of the productfor you. Any warnings, instructions or recommendations provided by us in connection with any products are of a general nature only and do not take into account your personal circumstances (including any specific allergies or known adverse reactions you may have to particular ingredients). You should consider the suitability of a product for your own personal circumstances prior to ordering or using the product.
8.2 You must not make any representations, recommendations or statements about a productto any other person (including, without limitation, making a representation as to the product’ssafety, ingredients or suitability for use).
8.3 Except to the extent that we have expressly authorised another person in writing to make representations, statements or warranties on our behalf in connection with the products, we are not responsible for, and you must not rely upon, any representations, statements or warranties about the products made to you by any other person. If you are unsure whether a person has been authorised to make a representation, statement or warranty on our behalf, you should contact us prior to placing your order or using the relevant product.
9. Our liability arising from the products
9.1 To the maximum extent permitted by law, we exclude all warranties, express or implied, in relation to the products, and we shall not be liable for any losshowsoever caused (including through our negligence), suffered or incurred by you or any third party arising from or in connection with: (a) your access to, or use of, the services, the site, any materials, or any website linked to or from the site; (b) any decision or action taken by you in reliance on any materials; (c) any error or defect in the siteor any website linked to the site; (d) any error or defect in the services; or (e) any order for products. You acknowledge that we make no representation, warranty or undertaking to you in respect of products which are not acquired from us through the siteand which are not expressly contained in these sale terms.
9.2 The above disclaimer does not attempt or purport to exclude liability under any statute (including under the Australian Consumer Law) if, and to the extent, such liability cannot be lawfully excluded.
You indemnify us
You must indemnify each of us and keep each of us indemnified against all losses,claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of us arising from your breach of this agreement.
These sale termsand the sale and purchase of the productson this site and any disputes between you and us shall be governed by and construed in accordance with the laws of the State of South Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the sale and purchase of productsfrom this sitemust be commenced in the appropriate court in the State of South Australia.
If any provision of this agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Revision of these conditions
We may revise these sale terms at any time by updating this web page. Unless we state otherwise, any amendments shall be effective immediately upon publication on the site. The sale terms (as amended) will apply to any order placed on the site thereafter.