TERMS & CONDITIONS
ELECTRONIC COMMUNICATIONS AND YOUR CONDUCT
When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TERMS & CONDITIONS
All contracts and dealings between COCOMAE Pty Ltd (ACN 169 417 912) and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘COCOMAE’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by COCOMAE to the Customer through the website cocomae.com.au (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).
By using the Website, the Customer agrees to be bound by these Terms, as may be amended by COCOMAE from time to time.
COCOMAE may restrict access to some parts or all of the Website without notice.
All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of COCOMAE.
The Customer is authorised to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of COCOMAE. Such consent may be withheld by COCOMAE at its absolute discretion.
The Customer must not remove any copyright or trade mark notices from the content found on the Website.
COCOMAE makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.
TERMS OF SALE
By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and COCOMAE with respect to the supply of the Goods in accordance with these Terms.
All Orders are subject to availability of the Goods and confirmation of the Order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays for which COCOMAE will not be responsible.
The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
In order to contract with COCOMAE the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to COCOMAE.
Customers are liable for any delivery costs if the Good is found not to be faulty.
Any period or date for delivery of Goods stated by COCOMAE is intended as an estimate only and is not a contractual commitment. COCOMAE will use its best endeavours to meet any estimate delivery dates but COCOMAE will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
COCOMAE reserves the right to amend delivery methods without notice.
All deliveries of Goods purchased by the Customer will be made by express post.
COCOMAE does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
The Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies COCOMAE against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless COCOMAE retakes possession of the Goods.
LINKING TO THIS WEBSITE
The Website may provide links to websites and access to content from third parties, including users and affiliates of COCOMAE.
The Customer agrees that COCOMAE is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
To the fullest extent permitted by law in no way will COCOMAE, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
GOVERNING LAW AND JURISDICTION
These Terms contained herein shall be governed by the laws of NSW, Australia and the Customer submits to the exclusive jurisdiction of the Courts of NSW to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.
The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.