Terms of service
COSY ABODE TERMS OF BUSINESS & SERVICE
This is important information and you should read the details in full. They assume your acceptance of our terms of business. If you disagree with our terms, we suggest that you do not use our website.
Note: We may edit, change or add to these terms from time to time. However, the Terms that are current at the time you place your order will apply to that order.
About these Terms
These terms of business (hereinafter referred to as the terms) apply to the purchase and delivery of products or services from the Cosy Abode website, and are an agreement between you (the customer) and Cosy Abode P/L. By entering & using our website, you agree to and accept said terms.
Your Consumer Rights
Please see the dedicated section further down in this policy document.
Our Rights
We reserve the right to remove any products from our website at any time and/or remove or edit any materials or content on our website. Similarly, we reserve the right to update our prices at any time. However, such changes will apply from the time they are published on our website, and not impact any existing orders that have already been placed.
Order Process
Once you have placed an order and the payment has been successfully processed, we will issue an order confirmation, to the email address you have nominated in your customer details. This is a confirmation that we have received your order, but not a guarantee that the product/s you have ordered are immediately available, although in most cases they will be.
We reserve the right to reject or cancel your order for any reason at any time. This reason will be conveyed to you by email. This may include, but is not limited to, unavailability of a product (discontinued or out of stock), an error in our advertised price, image or product description, an error in your order, issues with your payment or address, fraud prevention, excessive returns or chargebacks by you, shipping or trade restrictions, shipping time constraints, product recalls or withdrawals, customisation issues, technical errors, force majeure, failure to meet minimum order requirements (if applicable), or a breach by you of our terms of business. If we cancel your order, we will give you the option of receiving a full refund or a store credit.
Prices, payment methods and taxes
All of the prices shown on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We do not accept international orders or currencies.
Our accepted payment methods include most credit cards, PayPal and payments through any other facilities that are offered on our checkout page.
Our separate information page on Shipping forms part of these terms. This document is also available to view on the Cosy Abode website.
Payment security
We use third party payment platforms to process your payments (Shopify ShopPay & PayPal). These 3rd parties will collect the information necessary to process your transaction with us, such as credit/debit card number, security/CVV code, and expiration date. Our payment platform providers may handle your payment information in accordance with their own privacy policy and terms of use. We do not permanently store or have access to your full payment information or credit card details. Refunds will be made via the same method of payment originally used. We do not make refunds in cash or by cheque. We simply credit the payment method that you originally used.
Liability for fraud
You agree that Cosy Abode does not take responsibility for, and is not liable to you for, any financial loss or damage (whether direct or indirect) caused to you if your card is used fraudulently by someone else.
In an effort to prevent fraudulent use of credit cards or other payment options, we reserve the right to conduct and implement fraud detection processes, under the instruction of our bank, or our 3rd party payment platforms, to check the legitimacy of the order and payment method used. This process may include us requesting proof of your identity, and a formal validation check on the credit card and account. Please note that we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. Orders undertaking a formal check will be placed on hold until we have received confirmation that the transaction is legitimate. If we are not satisfied that an order is legitimate, we reserve the right to cancel the order. This is as much for your protection as our own.
The information provided on our website regarding our products is accurate at the time of posting. However, it may occur on occasion that our suppliers change the specifications or design of the products we sell without informing us, or before we are able to update the information we provide. We reserve the right to update &/or correct any errors or inaccuracies at any time. We will endeavour to solve any such discrepancies to your satisfaction where it is reasonable.
In rare cases, the colour of the product you receive may be slightly different to the image you see displayed on our website because colours can appear slightly differently on different displays and screens. This is out of our control. The shade of colour from screen to screen is not a fault or error, nor sufficient cause to request a refund.
Communication
We will from time to time send you marketing emails, to the email address you have provided in earlier orders or by opting in for marketing activity on our website. You have the right at any time to unsubscribe from these emails. At that time your details will be removed from our marketing list, but not from our customer list. However you can also request this of us at any time.
.
Returns
Our separate information page on Returns forms part of these terms. This document is also available to view on the Cosy Abode website.
COSY ABODE WARRANTY
Note: We may change our warranty terms from time to time. However, the terms that were current at the time you placed your order will apply to that order.
We provide a warranty against defects, and/or structural failure, for 12 months from the date you purchased the product/s from us, or for the period specifically stated in the product’s description on our website.
This warranty only applies to products purchased from us where the description of the product on our website (at the time the product is purchased) expressly states that such a warranty applies to that product. The terms and conditions (including the details, exclusions and instructions on how to make a warranty claim) that apply to these warranties are set out below.
Cosy Abode Warranty Terms
This warranty will only apply to a product purchased from us where the description of the product on the Cosy Abode website (at the time the product is purchased) expressly states that this warranty applies to that product. The 12-month warranty will commence from the date of purchase of the product from us & expire 365 days from that date.
To make a warranty claim, please e-mail us FIRST with your order confirmation number &/or proof of purchase, and a description of the grounds for your claim. You must not send the product back to us before we have perused and made a decision about your claim. If we approve that you have a claim under our warranty, we will communicate this to you, including further instructions, using the email address you nominated in your original order.
Where we agree to process a warranty claim, we reserve the right to decide, depending on the situation, whether you will receive a refund, partial refund, or replacement of any parts we consider to be defective. By purchasing the products, & given that all our terms of business are available to view on our website, your decision to make a purchase infers that you accept this condition. To the extent permitted by law, you will be responsible for the reasonable costs and expenses associated with making a claim under this warranty, including your time & returning or transporting the defective product back to us. We will reimburse you for shipping once the product has been returned to us, inspected & your claim has been approved. Or, we will arrange transport ourselves if the issue is easily identified in an image you send us by email. If a claim is deceptive, false, misleading or frivolous, you will be responsible for the cost of shipping the product back to you. Products that have not been collected from us after 14 days will be considered as abandoned, and will be destroyed with no compensation paid by us.
Please note that you are NOT be entitled to make a claim under this warranty for:
- Products that show excessive wear and tear
- Damage or failure as a result of improper assembly, or due to modification
- Damage arising from abnormal use, misuse or abuse
- Damage arising from improper care, maintenance or cleaning (for e.g. fabrics, leather, or timber)
- Damage that only affects the external or product packaging, but not the product
- Damage occurring during your own handling and/or transportation of the product
- Insignificant minor variations in product dimensions, colour, grain or finish
- Insignificant minor imperfections or superficial blemishes
- Minor colour variations between the product and the image shown on our website, as different phones & monitor screens vary in contrast & light.
In addition to the Cosy Abode warranty listed above, you may have other rights under Australian Consumer Law. You are entitled to a replacement or refund for a product that exhibits a major failure in its operation or function, referred to hereafter as a “defective” product, due specifically to errant design, component failure or a manufacturing flaw. This right does not apply to damage or failure that is the result of misuse, excessive use or negligence by you. You are entitled to have a defective product repaired by us (at our discretion) or otherwise replaced, if the goods fail to be of acceptable quality and the failure is considered a major failure. You bear the responsibility to communicate with us in a timely manner and to provide a detailed description of the issue, and photographic or video evidence if requested.
CONSUMER RIGHTS
This document on consumer rights forms a part pf the Cosy Abode Terms of Business.
Under Australian Consumer Law, (ACL) you have rights as a consumer with regards to our goods & services that Cosy Abode cannot exclude from our general terms & policies of business. Nothing in our Terms of business is intended to limit or exclude your implied consumer rights under ACL.
Our liability to you
To the extent permitted by law (which includes the Australian Consumer Law), our liability is excluded or limited by these terms. Without limiting your legal consumer law rights, we:
- exclude all implied terms and warranties;
- are not liable to you for any indirect or consequential loss;
- are not liable to you for any loss, theft or damage to products that occurs after delivery to you or to an ATL (Authority To Leave) address;
- are not liable to you for any loss you suffer if your credit/debit card is used fraudulently by someone else, other than to the extent our acts or omissions caused the loss
Where we are liable to you under ACL terms for any losses you suffer, our liability will be:
- reduced or limited to the extent (if any) that you either caused or contributed to those losses; and
- limited to no more than the total dollar amount of the products purchased by you in relation to which your loss has arisen, other than if our acts or omissions have contributed to or caused those losses.
Other Policies
We reserve the right not to do business with a customer at any time . We may block access to our website and/or office contacts and take other steps we believe reasonably necessary, if a customer engages in conduct that we objectively consider to be unprofessional, inappropriate, bullying or abusive.
The Cosy Abode website, its logos, images and content are the exclusive property of Cosy Abode and any unauthorised reproduction, distribution or copying of this content is prohibited and subject to copyright & trademark infringement laws.
The Privacy Policy available on our website informs you of our practices regarding the collection, use and disclosure of any information we collect from or about you. Our Privacy Policy forms part of these Terms. We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate. In order to purchase through our website, , you will be asked to provide your , personal details, including your real name, billing address, shipping address, mobile phone number and email address . You will also be required to provide us with payment details so you can purchase products from us. By entering your payment details you warrant that you are the authorised holder and that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
These Terms have been written in accordance with the guidelines of the state of Victoria, and any legal claim is subject to the non-exclusive jurisdiction of the courts of Victoria. law.
If any clause or provision within the Cosy Abode Terms of Business is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability does not affect the validity &/or enforceability of the remainder of our Terms.
Force Majeure
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, Natural disasters, government actions or restrictions, strikes related to shipping, postal or other relevant transport methods, hacking of our website, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, epidemics, pandemics, quarantine requirements, acts of terrorism, fire, explosion, flood, an act or omission of a third party (including our delivery partners), inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website or social media platform (such as Facebook), or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.