WEBSITE TERMS AND CONDITIONS OF USE
1.1 . Welcome to www.coeandcoe.com.au (the ‘Website ‘). The Website provides
you with an opportunity to browse and purchase various products that have been listed for salethrough the Website (the ‘Products ‘). The Website provides this service by way of grantingyou access to the content on the Website (the ‘Purchase Services ‘).
1.2 . The Website is operated by Coe & Coe Pty Ltd PTY. LTD. (ABN 47 142 045
821) . Access to and use of the Website, or any of its associated Products or Services, is providedby Coe & Coe Pty Ltd. Please read these terms and conditions (the ‘T erms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree tobe bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website,or any of Services, immediately.
1.3 . Coe & Coe Pty Ltd reserves the right to review and change any of the Terms
by updating this page at its sole discretion. When Coe & Coe Pty Ltd updates the Terms, it willuse reasonable endeavours to provide you with notice of updates to the Terms. Any changes tothe Terms take immediate effect from the date of their publication. Before you continue, werecommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept oragree to the Terms where this option is made available to you by Coe & Coe Pty Ltd in the user interface.
3.1 . In order to access the Purchase Services, you must first register as a user of
the Website. As part of the registration process, or as part of your continued use of the PurchaseServices, you may be required to provide personal information about yourself (such asidentification or contact details), including: (a) Email address
3.2 . You warrant that any information you give to Coe & Coe Pty Ltd in the course
of completing the registration process will always be accurate, correct and up to date.
3.3 . Once you have completed the registration process, you will be a registered member of theWebsite (‘Member ‘) and agree to be bound by the Terms. As a Member you will be grantedimmediate access to the Purchase Services.
3.4 . You may not use the Purchase Services and may not accept the Terms if:
4.1 . As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by: (a) the Terms;
5.1 . In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for the Product (the‘Purchase Price ‘).
5.2 . Payment of the Purchase Price may be made through Tyro (the ‘Payment GatewayProvider ‘)
5.3 . Following payment of the Purchase Price being confirmed by Coe & Coe Pty
Ltd, you will be issued with a receipt to confirm that the payment has been received and Coe &Coe Pty Ltd may record your purchase details for future use.
5.4 . Coe & Coe Pty Ltd may, at their sole discretion, provide a refund on the return
of the Products within 0 days where the Product packaging is unopened and remains in a saleablecondition. You acknowledge and agree that you are liable for any postage and shipping costsassociated with any refund pursuant to this clause.
6.1 . Coe & Coe Pty Ltd’s Products come with guarantees that cannot be excluded
under the Australian Consumer Law. You are entitled to a replacement or refund for a majorfailure of the Product and 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 ofacceptable quality and the failure does not amount to a major failure (the ‘Warranty ‘).
6.2 . You may make a claim under this clause (the ‘ Warranty Claim ‘) for material defects andworkmanship in the Products within 0 from the date of purchase (the ‘ Warranty Period ‘).
6.3 . In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to Coe & Coe Pty Ltd showing the date of purchase of the Products,provide a description of the Products and the price paid for the Products by sending written noticeto Coe & Coe Pty Ltd at 98 Hamilton Street, Yarraville, Melbourne, Victoria, 3013 or by email firstname.lastname@example.org.
6.4 . Where the Warranty Claim is accepted then Coe & Coe Pty Ltd will, at its sole
discretion, either repair or replace any defective Products or part thereof with a new orremanufactured equivalent during the Warranty Period at no charge to you for parts or labour. Youacknowledge and agree that you will be solely liable for any postage or shipping costs incurred infacilitating the Warranty Claim.
6.5 . The Warranty shall be the sole and exclusive warranty granted by Coe & Coe
Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights andunder a law in relation to the Products to which this warranty relates.
6.6 . All implied warranties including the warranties of merchantability and fitness for use are limited tothe Warranty Period.
6.7 . The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products where the exterior ofwhich has been damaged or defaced, which has been subjected to misuse, abnormal service orhandling, or which has been altered or modified in design or construction.
7.1 . The Website, the Purchase Services and all of the related products of Coe & Coe Pty Ltd aresubject to copyright. The material on the Website is protected by copyright under the laws ofAustralia and through international treaties. Unless otherwise indicated, all rights (includingcopyright) in the site content and compilation of the website (including text, graphics, logos, buttonicons, video images, audio clips and software) (the ‘Content ‘) are owned or controlled for thesepurposes, and are reserved by Coe & Coe Pty Ltd or its contributors.
7.2 . Coe & Coe Pty Ltd retains all rights, title and interest in and to the Website
and all related content. Nothing you do on or in relation to the Website will transfer to you:
7.3 . You may not, without the prior written permission of Coe & Coe Pty Ltd and th
the permission of any other relevant rights owners: broadcast, republish, up-load to a third party,transmit, post, distribute, show or play in public, adapt or change in any way the Content or thirdparty content for any purpose. This prohibition does not extend to materials on the Website, whichare freely available for re- use or are in the public domain.
9.1 . You acknowledge that Coe & Coe Pty Ltd does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding the Productsother than provided for pursuant to these Terms.
9.2 . Coe & Coe Pty Ltd will make every effort to ensure a Product is accurately
depicted on the Website, however, you acknowledge that sizes, colours and packaging maydiffer from what is displayed on the Website.
9.3 . Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian Consumer Law(or any liability under them) which by law may not be limited or excluded.
9.4 . Subject to this clause, and to the extent permitted by law:
9.5 . Use of the Website, the Purchase Services, and any of the products of Coe & Coe Pty Ltd is atyour own risk. Everything on the Website, the Purchase Services, and the Products of Coe & CoePty Ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition ofany kind. None of the affiliates, directors, officers, employees, agents, contributors, third partycontent providers or licensors of Coe & Coe Pty Ltd make any express or implied representationor warranty about its Content or any products or Purchase Services (including the products orPurchase Services of Coe & Coe Pty Ltd) referred to on the Website. This includes (but is notrestricted to) loss or damage you might suffer as a result of any of the following:
10.1 . Coe & Coe Pty Ltd’s total liability arising out of or in connection with the Purchase Services orthese Terms, however arising, including under contract, tort (including negligence), in equity,under statute or otherwise, will not exceed the most recent Purchase Price paid by you underthese Terms or where you have not paid the Purchase Price, then the total liability of Coe & CoePty Ltd is the resupply of information or Purchase Services to you.
10.2 . You expressly understand and agree that Coe & Coe Pty Ltd, its affiliates,
employees, agents, contributors, third party content providers and licensors shall not be liable toyou for any direct, indirect, incidental, special consequential or exemplary damages which may beincurred by you, however caused and under any theory of liability. This shall include, but is notlimited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or businessreputation and any other intangible loss.
10.3 . Coe & Coe Pty Ltd is not responsible or liable in any manner for any site
content (including the Content and Third Party Content) posted on the Website or in connectionwith the Purchase Services, whether posted or caused by users of the website of Coe & Coe PtyLtd, by third parties or by any of the Purchase Services offered by Coe & Coe Pty Ltd.
11.1 . The Terms will continue to apply until terminated by either you or by Coe & Coe Pty Ltd as set outbelow.
11.2 . If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Coe & Coe Pty Ltd via the ‘Contact Us’ link on ourhomepage.
11.3 . Coe & Coe Pty Ltd may at any time, terminate the Terms with you if:
11.4 . Subject to local applicable laws, Coe & Coe Pty Ltd reserves the right to
discontinue or cancel your membership to the Website at any time and may suspend or deny, in itssole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impactsCoe & Coe Pty Ltd’s name or reputation or violates the rights of those of another party.
11.5 . When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Coe & Coe Pty Ltd have benefited from, been subject to (or which haveaccrued over time whilst the Terms have been in force) or which are expressed to continueindefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continueto apply to such rights, obligations and liabilities indefinitely.
12.1 . You agree to indemnify Coe & Coe Pty Ltd, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
13.1 . Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal orCourt proceedings in relation to the dispute, unless the following clauses have been complied with(except where urgent interlocutory relief is sought).
13.2 . Notice:
A party to the Terms claiming a dispute (‘Dispute ‘) has arisen under the Terms, must givewritten notice to the other party detailing the nature of the dispute, the desired outcome andthe action required to settle the Dispute.
13.3 . Resolution:
On receipt of that notice (‘Notice ‘) by that other party, the parties to the Terms (‘Parties ‘) must:
13.4 . Confidential
All communications concerning negotiations made by the Parties arising out of and in connectionwith this dispute resolution clause are confidential and to the extent possible, must be treated as”without prejudice” negotiations for the purpose of applicable laws of evidence.
13.5 . Termination of Mediation:
If 7 days have elapsed after the start of a mediation of the Dispute and the Dispute has not beenresolved, either Party may ask the mediator to terminate the mediation and the mediator must doso.
The Purchase Services offered by Coe & Coe Pty Ltd is intended to be viewed by residents of Australia.In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venuefor resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim ofwhatever nature arising out of or in any way relating to the Terms and the rights created hereby shall begoverned, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, withoutreference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing lawclause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successorsand assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both partieshaving taken the opportunity to obtain independent legal advice and declare the Terms are not againstpublic policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that partshall be severed and the rest of the Terms shall remain in force.