SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Cocolea PTY LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cocolea PTY LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@cocolea.com.au

SECTION 21 – General Terms of trading with Cocolea and Purchaser

Delivery/Shipping We offer complementary shipping as part of our service. Use of  specialised transportation services for furniture handling are required for many pieces due to their size and weight. It can therefore take up to 14 business days for shipping to be arranged and your order to reach you once stock availability has been confirmed. It is expected that you will be available at the specified address to assist the driver with your delivery. It is your responsibility to communicate clearly with us and the freight company to ensure the following: Able-bodied and willing to take the order into your possession at the specified time. No access issues for the driver to take your item from the ground to your residence. Where access issues exist these are communicated clearly in when you place the order.Our delivery charge and responsibility is based on and limited to ground level only. Where there are stairs and other levels or access issues additional delivery charges may apply. Our responsibility and charges do not extend to unpacking or mantling the items together, this is your responsibility. Delivery dates are subject to change, and dates provided are only approximate. There are many variables and factors out of our control, which can alter the delivery time frame. We will be transparent and communicate with you as soon as your items are ready for delivery. If a delivery attempt has been made at the time you have specified and no one is present and able-bodied to receive the goods you will be responsible for payment and co-ordination of redelivery fees which can vary considerably depending on the type of freight service used and nature of the items. Our manufacture warranty does not cover the transit or delivery of your goods. By selecting shipping you are requesting Cocolea Furniture to ship your items to you and waiving any claim for damaged or implied damage liability to the specified premises.

Stock Availability If not in stock goods can take 90 days to arrive from day of payment processing/confirmation of your order which ever comes last. Due to circumstances beyond our control it can take longer, in all instances will make all possible attempts to communicate any anticipated delays in a timely manner and be transparent in our dealings with you.

Warranty

We offer a 24 month (residential use) manufactures warranty from date of purchase, however we do not cover any faults related to wear and tear (e.g. surface scratches, dents, chips, marks, accidental breakages) or deliberate and negligent damage. Additionally, you must be able to demonstrate that you have taken all reasonable measures to care for the items as outlined in our product care guidelines. Any deviations from our product care guidelines will void your warranty as this could compromise your item.Settling of product cushion/filling is an expected part of wear and tear for polyester fibers, leather and other upholstery. Damage of coverings and our products in any way due to improper use of use of chemicals and non-recommended products as well as discoloration due to sunlight, or transference of ingredients contained in body products, dyes, perspiration and pets is also excluded. Finally any repairs by you or anyone else not recommended by us to the goods are also exempt from our warranty. Product Care Guide Lines: refer to website, if breached then warranty will be voided.

Returns & Exchanges

We do not offer refunds or exchanges on cancellations or returns owing to “change of mind”. We may offer a store credit for up to 12 months at our own discretion. Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. In such circumstances you are liable and responsible for shipping the item back to us in the same condition that you received it prior to opening any of the packaging and mantling the piece. Take care when unpacking and mantling your item once received we are not liable for any damage incurred by you or delivery contractors in this process. Refunds will not be given if goods do not fit it is your responsibility to measure your room and make an appropriate decision on your goods selection.

Product Irregularities

Small irregularities and differences in shape, general dimensions, finishes and surfaces do exist with our items. These are hallmarks of unique craftsmanship of your piece and should not be considered as defects but as a sign of authenticity of the product and cherished as such. It is a condition of the sale that you inspect the product carefully and advise us in writing as instructed below if there are any issues with your item as refunds will not be given for ‘change of mind’ and exchanges will incur shipping and other costs to return the item back to us. Prior approval and arrangements must be obtained in writing from us before any returns can be made. Additionally, the product will only be accepted if returned in same conditions as it was out. Any claim on goods irrespective of the reason must be filed within 24 hours of receipt we are dedicated to resolving these in a fair and timely manner. Please email us at sales@cocolea.com.au with your details. If your claim is valid we will at our discretion repair or replace the defective product however no refunds are available. Where a third party delivery or collection of the goods by you from our warehouse or showroom locations is made, goods are deemed to be in correct condition and quantity and Cocolea Furniture holds no liability on products taken. By choosing this collection method you waive any right to make a claim on such goods and void product warranty where damage may be incurred from handling and transport by you, your contractor or representative.

Deposits/order cancellations

Should you decide to cancel your order after a deposit has been made you will be subject to a cancellation fee, which is 50{9203d10e69653b14209bb5a3c659e7c323b19e17d6f5737391c15d36002a89e0} of recommended retail price of the goods. Balances outstanding must be settled at least 5 business days before delivery of goods can be arranged including payments of cheques. Freight companies are unable to accept any outstanding payments.

Customised orders:

Requires 60{9203d10e69653b14209bb5a3c659e7c323b19e17d6f5737391c15d36002a89e0} deposit of the cost of the item. Our products are made to order therefore customisations are possible however these must be signed off and agreed to by the customer before the order is placed. Once signed off and your order is processed no changes are possible and you are liable for the item as it has been made specifically for you. Once an order has commenced any cancellation will result in forfeit of your deposit. Understandably customising furniture can inevitably be a time consuming process and in some instances may require new drawings, alteration of manufacture equipment and a trial product to be built to maintain quality and our high standards. We endeavour to have customised orders with you in 120 days however due to external circumstances beyond our control this period may be extended. PLEASE NOTE: Due to the handcrafted nature of our items each piece is unique and finishes and colours can vary slightly. We therefore allow for 20{9203d10e69653b14209bb5a3c659e7c323b19e17d6f5737391c15d36002a89e0} variance on custom order requests and from product to product. If there are any discrepancies with your customised order beyond the variance mentioned in previous statement we will rectify and build and new item or refund money paid.

SECTION 22: Interior Design Service

1. In-House interior Design Service – First hour complementary with any purchase over $3000 (local Vic customers) & $3500 (Other states and territories) ($200 cash back for the service after the service). Any travel arrnagments if required for our interior designer are the responsibility of the client and not included in this offer.