Terms and Conditions | Cosy Deals

Terms and Conditions

Cosy Deals Pty Ltd Terms and Conditions
Our terms and conditions apply if you use our website.


Definitions

Act: Competition and Consumer Act 2010
Company: Cosy Deals Pty Ltd, ABN 70641924718
Website: https://cosydeals.com.au and any derivative from that Website.
Recipient: A person who registers to use our Website and/or is allocated a discount coupon by the Company.
Discount Coupon: A value credited to the customers next order on the terms.
Value: The amount stated on a given coupon.
Distribution Centre: Address of our third-party warehouse, if available this.


Website

Ownership: Our Website is owned and operated by the Company.
Use of Website: Accessing and using our Website signifies that you have read, understood and agreed to our terms and conditions. The use of this Website is subject to the conditions listed below and any applicable laws. If you do not consent to these terms, you are not permitted to use or browse this Website. If you are under 18 years of age, in order to access this Website, you must first obtain consent from a parent or guardian. The Company does reserve the right to hold the parent or guardian of a minor accountable for orders placed, as well as loss or damage that the Company may suffer as result of a transaction entered into by a minor. This can include legal action or seeking compensation.
Modification to Terms: The Company reserves the right to modify, alter, or update the terms that are applicable to this Website periodically. If you are registered with the Company you will receive an email notification to your current email address provided advising you of the changes that have been made. By accessing and using this Website, you agree to check these terms and conditions and will be bound by the current terms at the time that you access this Website. The Company will provide a date of the terms at the bottom of each page in order to assist you in identifying possible changes in said terms.


Registration

Registration: When registering, you must do so with our Website (URL) in order to place an order.
Passwords: When registering with our Website, you will be asked to input your name, delivery address, email address and a password of your choice. As the username and password that you choose will allow you online access, we recommend that you keep your username and password secure and not share them with any other person. The Company will never ask you to disclose your password.
Password Security: The Company recommend that your password not relate to any other easily accessible personal data (i.e. your name, birth date, address, telephone number, driver’s license, license plate or passport). You should also refrain from using an obvious combination of letters and numbers, including but not limited to sequential or identical numbers or letters. You and you alone are responsible for maintaining and ensuring the security of your username and password as well as for any and all activity that occurs on or through your account – authorized or unauthorized. If an unauthorized party accesses your username and password, you should change your password and notify us immediately. The Company is not liable if you fail to comply with these obligations.


Orders

Ordering Products: Follow these easy steps to place an order on our Website:
Log onto our Website with your username and password. Use the “PRODUCTS” link in the top menu. Click "ADD TO CART" button in order to select both the product and quantity of the products that you wish to purchase at the displayed price. Push "CHECKOUT" button and enter your desired delivery address and confirm that we may charge your credit card with any additional delivery costs – or, if applicable, confirm that you will pick up your product from the Distribution Centre. When asked to confirm your order, enter your credit card information. Lastly, submit your order using the “PLACE ORDER” button on the Website to pre-order your product(s).
Irrevocable: You can cancel your purchase before the deal is closed. To do this, click “Cancel purchase” link at Account > Profile > Purchases. After closing the deal, all orders submitted through our Website are irrevocable and represent an offer to purchase the products selected for the displayed price.
Credit Card Details: As mentioned above, you will be asked to enter your credit card information to complete the ordering process. We will only charge your credit card at the time the order is accepted not at the time you enter your credit card information.
Minimum Number of Products to Trigger Acceptance: The Company reserves the right to change the minimum number of orders required for the order to be accepted without providing a notice to you (including after you have placed an order and before it is accepted).
Oder Acceptance/Rejection: An order is considered accepted when the minimum number of orders required has been met. The Company reserves the right to reject your order at any time at our discretion and is under no obligation to provide a reason for doing so.
Order Status: You will receive an automated electronic order upon acceptance/rejection of your order. You also have the option to log on at any time to our Website using your username and password to view the status of your order.
Payment: After the order is accepted, we will: Apply any applicable discount coupons to reduce the price of your order. Charge the credit card you provided in the amount of the price of the order.
Insufficient Funds: In the case that the credit card you provided is charged in accordance and is found to have insufficient funds, we will contact you and request an alternate form of payment (a different card) so that we can complete your order. If, however, we are unable to contact you or you fail to immediately provide an alternative credit card to charge, we reserve the right to cancel your order without notice.
Cancellation: Despite having already accepted your order, we reserve the right to cancel your order in either of the situations detailed below: If the credit card provided by you in the ordering process is found to have insufficient funds to cover the entire cost of your order; or for any other reason that is out of our control including but not limited to, a shortage of materials, which causes the manufacturer to be unable to produce the desired product, products that have been damaged or destroyed prior to delivery as well as unforeseen, significant delays in shipping or a failure by our manufacturers to supply the product ordered in accordance with our required quality standards.
Consequences of Cancelation: If your order has been cancelled by the Company we will immediately: Issue a refund to the credit card from which we initially charged the cost of the product(s); and/or re-issue any discount coupon that was credited to that order; and you should note that the Company is not liable to you or any other persons for losses or damages due to your failure to abide by our obligations.


Delivery

Delivery Date: By ordering products from our Website, you acknowledge that all products will be shipped to Australia. We will then endeavour to either make the product(s) available for you to collect from our distribution centre or deliver said product(s) to the address specified by you when placing the order as close as possible to the delivery date posted on our Website.
Notice: If, for some reason, the target delivery date of your product(s) changes, we will endeavour to give you notice of those changes. You may also log in to our Website at any time to check the real time status of your order as well as changes to the target delivery date.
Risk: All risk in regard to the product(s) pass to the Recipient: At the time we first attempt to deliver the product to the Recipient.
Ownership: If the product(s) are delivered to you, ownership will be passed to the Recipient at the time of delivery. If you have chosen to pick up your order at our Distribution Centre, ownership of the product transfers to the Recipient at the time that they collect the product.
Our Right to Cancel: The Company reserves the right to cancel your order without notice: If, for any reason, we are unable to deliver the ordered product(s) within 28 days after our initial delivery attempt; or if you opted for item pick up and you fail to collect your product(s) from our distribution centre within 28 days after being notified that your product is ready to be collected.
Your Cancellation Right: If, for any reason, we are unable to deliver your product(s) within one month of the target delivery date, you reserve the right to cancel the order.
Exclusion of Liability: The Company is not liable to you for any loss that may occur due to delay of delivery – whatever that may be.


Online Transactions

Price: All prices of our products are listed in Australian dollars, GST included.
Payment Services: In any instance where payment is required, the Company will use Stripe (www.stripe.com) to process said transaction. Stripe will process and store your personal data.
Data Storage: Although Stripe does collect and store some personal data (set out in their privacy policy), Stripe will not store raw magnetic strip data, card validation codes (CAV2, CID, CVC2, CVV2), or PIN data as the storage of this data is prohibited by the PCI DSS.
Security: Stripe employees various technologies and procedures to help ensure the protection of personal data from unauthorized users. Stripe has therefore also been set up with minimal access to outside networks. Stripe is a validated Level 1 PCI DSS Compliant Service Provider and is also a member of Visa’s Global Compliant Provider List as well as MasterCard’s SDP List.
PCI-DSS: PCI-DSS stands for the Payment Card Industry Data Security Standard and is a set of security requirements regarding the protection of card holder data. The standard is determined by the PCI Security Standards Council, which is an organisation put together by the majority of major card schemes, i.e., Visa, MasterCard, American Express, JCB and Discover. It is relevant for any entity that stores or transmits sensitive card holder data, generally things like the PAN (card number), security code, track data, and PIN. Version 1.2. is the current standard. Preceding PCI-DSS, each card scheme had their own standards; the VISA Account Information Security (AIS) standard formed the basis of most PCI-DSS requirements.


Exclusions and Limitations

When using the Website to acquire products, you agree: All warranties, conditions and terms in the Act are not a part of these terms to the maximum extent allowed by law. Parties further acknowledge and agree that it is fair and reasonable to be bound by this clause; Insofar as it is permitted by law, the Company is not liable in contract, tort or otherwise for consequential, indirect or pure economic losses suffered by the Recipient as a result of any defects in product(s), or any failure by the Company to preform our obligations under these terms, even if such a loss was, or should have been, within our contemplation; If the Act permits the Company to limit your fix for any breach in warranty, condition or other term implied by the Act that is not excluded in this clause and without limiting any other provision of these terms restricting our liability to you, any claim you may have against us, be it in contract, tort or otherwise as a direct result of a defect of the product(s) will be limited, at our discretion, to; Replacement of the product(s) or supplying an equivalent product. The repair of said product. A refund in the amount of the cost of replacing the product(s) or purchasing an equivalent product. Or, payment of the cost of having the product(s) repaired.


Discount Coupon

Issuance: The Company reserves the right to allocate, at any time, a person (Recipient) with a Discount Coupon for a specified value and under terms determined by the Company and specified on the Discount Coupon.
Terms: The Value of a Discount Coupon In accordance with these terms, a Discount Coupon may only be used to reduce the price of one order of (a) product(s). In the case where the value of the Discount Coupon is greater than that of the product(s), the remaining balance is forfeited and will not be refunded or redeemed. A Discount Coupon is not refundable in part or full and is also not legal tender. Discount Coupons cannot be exchanged for cash, nor can it be credited to an account. Discount Coupons expire 12 months after the date of issuance or on the date specified on the Discount Coupon, dependent on which of the two dates is earliest. Unredeemed value cannot be refunded or redeemed.


Electronic Messages

Consent to Receive Electronic Messages: By entering your email address into our Website, you automatically consent to receiving unsolicited information about the Company’s products and services electronically sent to the email specified.
Electronic Messages: Any email that you receive from the Company regarding our products or services will include the following: An option to unsubscribe option, which will result in us removing your email address from our database within 5 working days of receiving said request; and The employee’s information who authorised the email to be sent as well as their contact information.
Removal of your Email Address: You may, at any point in time, request that the Company remove your email from their database by contacting the Company either in writing, by email or by using the unsubscribe feature in your email as mentioned above.


Content

Copyright: All information provided on this Website is owned by or licenced to the Company. Every material on our Website including, but not limited to, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look and feel as well as any other information that is contained on or in our Website (referred to collectively as the Content) is subject to copyright, various intellectual property protections (both registered and unregistered) as well as other proprietary rights.
Restrictions: Without prior written permission from the Company you are not permitted to copy, reproduce, display, publish, upload, post, transmit, store (including electronically) or modify in whole or in part – whether in text, graphics, audio or video – any part of the Content of our Website. This includes uploading or republishing Content on any Internet, Intranet or Extranet site. You are also prohibited from incorporating said information in any other database or compilation. Any other use of the Company’s Content is strictly prohibited.
Trademarks: Trademarks, logos, model names, brands and service marks (collectively referred to as Marks) shown on our Website are either registered or unregistered Marks of the Company or have been licenced to us for use on our Website by a third party. The Company is therefore the owner or licencee of the Marks. Use of said Marks without prior written permission of the Company is prohibited.


Unauthorized Use or Interference

Interference with the Website: You are prohibited from: Attempting to gain any form of unauthorized access to the various features or sections of our Website as well as attempting to obtain any materials, information or documents by any means that the Company has not purposely made available including, but not limited to, hacking, password mining or otherwise gaining access to data without prior authorisation. Testing the vulnerability of our Website or any other network that may be connected to our Website. You are also prohibited from seeking to trace any information regarding another user of our Website. Uploading or using any software viruses or other computer code, files or programs designed specifically to interrupt, destroy or limit the functionality of the computer software, hardware or the Website. Using the Website in any sort of unlawful manner as well as in any manner that may serve to damage, disable, overburden or impair the Website. Collecting information from or otherwise interacting with the Website by using automated scripts. Impersonating any person or entity in addition, you are prohibited from falsely stating or otherwise misrepresenting yourself. Transmitting or using private information of any third party, including, but not limited to, names, addresses, phone numbers and email addresses.
Compliance with Laws: You, the user, agree to abide by all applicable laws as well as with the terms listed here at all times when using the Website.


Cookies

Use of Cookies: Small files temporarily installed on your hard drive are referred to as cookies. Our Website uses those specifically to retrieve collective information as well as to perform an analysis of characteristics and behaviours of all website users. Additionally, the information is used to make all necessary improvements to the site. These cookies allow the Company to keep track of our users’ preference, in turn allowing us to design a website that is best-suited to meet our customers’ needs. This information is not used as a way to help identify specific Website users. The information that we collect using cookies includes non-personal information like: The internet domain and IP address from which you access the Website. Both the browser and the operating system you run (i.e. Internet Explorer and Safari or Windows and Mac). The date and time that you access our site. Whether you arrived directly at the Company’s Website or if you arrived via a link from a different site (as well as the address of that site).
Consent: By using this Website, you automatically consent to the Company using and collecting various information from cookies. However, by selecting the appropriate settings on your browser, you can prevent cookies from being stored on your hard drive – follow your browser’s instructions to do so. Even after deactivating your cookies, you will still be able to access and use our Website; however, it could potentially prevent you from enjoying the entirety of offers that the Company supplies.


Information, Interactive Features and Services

Subject to Change: The Company may periodically make various information, interactive features and information available on our Website. The Company will always endeavour to ensure the accuracy of all information (including product features, models, illustrations, representations, specifications and prices) whether it is stand-alone information or part of an interactive feature or service on the Website. However, this information (product features, models, illustrations, representations, specifications and prices) is subject to change without notice. In addition, the Company does not commit to the information nor to the availability of any good or service.
Indicative Only: Any and all information (including product features, models, illustrations, representations, specifications and prices) whether it be stand-alone information or part of an interactive feature or service as well as any visual representations provided by the Company is intended exclusively for information purposes and should not be relied or acted upon for any specific purpose.


Warranty and Guarantee

We guarantee a 1-year warranty on all goods we offer. The warranty covers domestic use only (no commercial use).
In case the goods are faulty and cannot be repaired, you can choose from two options: exchange or a full refund. We will also be happy to help with any issues or replacement parts.
We are an Australian company, so the guarantees set out in the Competition and Consumer Act 2010 applies to us fully.
Delivery dates displayed above are estimates; you can use the tracking system anytime to check when your purchase is due to arrive.
Warranty Exclusions: Since these items are non-permanent, the warranty does not cover fading or damage incurred due to extreme weather exposure (including heavy rain, winds, exposure to high temperatures, e.g. from barbecue and heaters).
The warranty also does not cover damage caused by negligence, misuse, and accidents.
Please be aware that not following the instruction manual for installation will cause the warranty to be withdrawn.


Exclusions of Warranty and Liability

Website Availability: The Company does not guarantee that the information, services or materials that may be accessed from or through our Website will always be uninterrupted or free of error, defect, virus (or other harmful components). Nor do we guarantee that any problems that may be discovered in the course of using the Website will be corrected.
Website Functionality: The Company does not guarantee the functionality or condition of their Website, whether or not it is suitable for use, or that said usage will be error free and without interruption.
Website Content: The Company may choose to update information or materials on their Website periodically with no assurance or guarantee that the information or material provided is up-to-date, accurate, error-free or complete.
Links: References and links to third party websites may be included on our Website for convenience purposes only. The Company has not necessarily reviewed said content, nor do we endorse or assume responsibility for the content on third party websites, material posted there, or products and services offered there.
Transmitted Information: You acknowledge that unprotected communication over the internet is subject to interception, alteration or loss and recognize that the information or material you have provided to us electronically by access or usage of our Website is neither confidential nor proprietary. You also acknowledge that even if a website is stated to be secure, since internet activity is never completely private or secure, any messages or information sent to or through our Website may be intercepted or read by others. The Company is not liable for the interception or ‘hacking’ of data by unauthorised parties through our Website.
Overseas Use: Use of our Website or placing an order for delivery outside of Australia is prohibited.
Liability Excluded: The Company is not liable to any persons or entities for damages (direct or indirect, incidental, special or consequential) involved in accessing or using (or inability to use) our Website. The Company also does not assume liability for any mistakes or omissions in any of the content or services available on our Website. This includes any inaccuracies and non-compliance of any goods or services with representations, illustrations, specifications, product features, colour or other information provided on this Website, to the extent permitted by the Act. Our Website as well as all content, features, and services provided on this Website are provided “as is” and do not involve a warranty of any kind, whether express or implied, including but not limited to, implied warranties of whether a product is fit for a specific purpose or non-infringement.


General

Entire Agreement: The terms listed above constitute a complete agreement concerning the supply of products and usage of our Website. Representations, warranties, terms or conditions are only considered binding when included in these terms.
Governing Law: Parties submit to the exclusive jurisdiction of the courts of New South Wales courts, as these terms will be construed and effective as a contract produced in Australia, governed by the laws applicable in New South Wales law.
Right to Suspend, Alter or Cancel Service: The Company reserves the right to, at any point in time, without prior notice or liability, cancel or suspend any or all services provided through or by their Website and/or use alternative sources, which may or may not be transactional in nature.
Contact Details: If you have any other questions pertaining to these terms or our Website please contact us by email at:
ua.moc.slaedysoc@troppus