TERMS AND CONDITIONS
Cacoon australia pty ltd (ACN608 925 855) of 3 inverleith street, south fremantle wa (The company)
These Terms and Conditions set out the rights and obligations of Cacoon Australia Pty Ltd and the Customer. The Terms and Conditions, the Order form and the Order confirmation of Cacoon Australia Pty Ltd constitute the sale contract between Cacoon Australia Pty Ltd and the Customer. The Customer acknowledges, prior to placing an Order that he has read and agreed to all the information aforementioned. Cacoon Australia Pty Ltd reserves the right to make alterations to these Terms and Conditions. Any Customer who does not wish the contractual relations to be governed by the new version of the applicable Terms and Conditions to any new Order must give notice of this and, from the date on which the new version becomes effective, the Customer must cease to order.
The terms and expressions beginning with a capital letter in these Terms and Conditions have the following meaning (whether used in the singular or the plural forms)
- : refers to the current document, that is the terms and conditions applying between the Customer and Cacoon Australia Pty Ltd
- : refers to the website available at www.cacoon.com.au or any other address having a different extension
- : refers to Cacoon Australia Pty Ltd.
- : refers to the items offered for sale available on the Website,
- : refers to a private person of full age using the Website to acquire one or more Product(s) for his personal needs, for which he accepted the Terms and Conditions.
- : refers to the sale order from the Customer on one or more Products while using the Website or the Customer Service.
- : refers to the Customer and The Company
The purpose of these Terms and Conditions is to define the rights and obligations of the Parties in the context of online selling of Products proposed in the Website by The Company. The Customer acknowledges, prior to placing the Order,that he has read and agreed to all information included in these Terms and Conditions. The Customer also declares that the purchase of said Product(s) is not in direct connection with his professional activity, such purchase being reserved for his personal use only. Being a consumer, the Customer has specific rights, which shall be questioned if the Products purchased through the Website would be actually purchased for his professional activity. Moreover, the Customer declares that he has the legal capacity to enter into this Agreement.
To place an Order on the Website, the Customer must create an account by completing a subscription form. The Customer hereby states that all personal information provided is complete and accurate in order to proceed to his precise identification in any situation. Any misleading or slanderous information is likely to result in immediate closing of the Customer’s account and cancellation of his Order(s) registered by the Website. While creating his account, the Customer shall choose a login and a password. The Customer must make sure not to disclose his login and his password at any time. The Customer’s account can be accessed by Him at any time by using his login and password, unless the Company executes maintenance operations. The Customer is responsible for all actions conducted on the Website while using his login and password. Any user, having subscribed to the Website, shall be liable for any Order placed while connected with his login and his password, subject to the Clause 9.3.
A Customer may place an Order, on the Website once logged with his member account, following Clause 3.
While browsing through the Website, the Customer may add a Product to his shopping basket by clicking on the ‘Add to cart’ button. At any time and until final Order confirmation, the Customer may change his mind, modify quantities or remove one or more selected Products. Customers may also ask for Product information by contacting the Company through the Contact form.
If necessary, the Customer has the right to request access to the personal data that we may hold or process about Him. The Customer has the right to require us to correct any inaccuracies free of charge. The Company may not be held responsible for any incorrect personal details entered by the Customer nor for the consequences related to any delays during the delivery process. As a result, all return costs would be at the Customer’s charge.
Following validation of the shopping cart, the Customer shall confirm his Order by:
- Completing all the requested information,
- Accepting the Terms and Conditions,
- Validating the payment,
Therefore, by clicking on the ‘Proceed to checkout’ buttons, the Order is an offer to The company to buy the goods on the Website.
Once the Order is confirmed by the Customer, following clause 4.4. , The Customer will receive an acknowledgement of receipt by e-mail to confirm the Order including all elements (such as the list of ordered Products, price, date of delivery, shipping costs…).
The contract shall only be effective upon The Company’s confirmation email, as stated in clause 5.1. and the Order will be established once the corresponding payment will be made by the Customer.
The Customer is guaranteed the price posted on the Website at the time of purchase, which can be updated daily. The Product offers proposed on the Website shall be valid as long as the Products related thereto are on line and while stock last. Promotional offers will be mentioned clearly onsite with period of effectiveness.
In case a Product would be unavailable, e.g. out of stock, The Company will inform the Customer by e-mail as soon as possible and will remove the Product from the Website or mention “Out of stock”. The Company will inform, if possible, for the new availabilities of the Product or may suggest an exchange with a similar Product. In case of refusal by the Customer of the new availability period, or of the exchange with a similar Product, the Customer will be refunded within (30) days from the confirmation of the refusal.
The Company reserves its right not to confirm the Order for any legitimate reason, in particular for any problem of Products procurement or any problem concerning the received Order.
Prices are indicated in AUD. The Company reserves the right to modify Product’s prices at any time without notice but the applicable price of the Order will be notified in the summary of the Order before payment. The price fixed at the time of purchase is firm and does not include the shipping costs, which are extra. Said costs will be indicated in the summary of the Order before payment. The prices include GST applicable at the date of the Order. Any variation of the GST applicable rate may affect the sale price of the Products.
In the event of delivery outside Australia, the Customer will have to pay for customs duties or GST or any other taxes due to the import of Products in the country of delivery. The Customer is also solely responsible for the formalities related thereto unless otherwise specified. The Customer is solely responsible for checking whether the Products ordered can be imported under domestic law in the country of delivery.
If the correct price of the goods is higher than the price stated on our Website, we may, if possible, reject the Order in our discretion, in which case we will notify the Customer of such rejection and the correct price for the goods.
The Customer undertakes to pay the total price of the Products and shipping costs as stipulated on the Website and also to pay for, or have someone pay for the customs duties or any other taxes due to the import of Products in the country of delivery, directly to the forwarding or customs agent.
Payments can be made by one of the following payment methods
- Credit Card (MasterCard, Visa)
- Bank transfer,
More information on payment methods is available in our Payment section.
When approving the Order form, the Customer warrants the Company that he has all authority needed and sufficient funds to use such a payment method. While paying by credit/debit card, the payment cannot be cancelled. The payment is irrevocable, without prejudice for the Customer to exercise his rights, such as described in Clause 9.3. The Customer account will be debited the working day following the Order confirmation. While paying by bank transfer, the bank details will be provided in the Order confirmation email. Failing receipt of the bank transfer within seven (7) days from the Order confirmation by The Company or in case of rejection by the bank, the Company is entitled to cancel the Order. In accordance with existing information protection regulations, the Company does not store members' bank details. Members should therefore save and print the payment document if they wish to have a copy of the transaction details. The Website has one of the most efficient current site security systems. Not only does it use SSL (Secure Socket Layer) encryption, it has also reinforced all of the various encryption processes in order to provide the most effective protection possible for all sensitive payment information.
The Company reserves its right to claim the return of the ordered Products in case of non-full payment. Under those circumstances, and upon the Company’s request, the Customer shall return any Product for which the payment has not been received. The Customer shall pay for any costs in connection therewith.
Products will be delivered to the address indicated by the Customer in the Order form, after confirmation of the Order. An email will be sent to the Customer as soon as the Product(s) are shipped.
Information displayed on the Website related to availability is subject to change without notice. The Company cannot guarantee permanent or continuous availability of all Products on the Website. All Orders are subject to availability at all times.
Deliveries will be made according to the information on the Product pages after confirmation of the Order, stated by “on stock” and “out of Stock”. If an Order contains Products “Out of stock”, the longest delivery period shall be the one to refer to. The Customer can contact the Customer service to know exactly the delivery period by using the appropriate contact form on the Website. However, the Customer may ask to receive each Product according to the possible delivery dates of each item, by contacting the Customer service. This service may involve higher delivery costs to the Customer, which will be indicated by the Customer Service.
Delivery shall be deemed to have been made when the Products are delivered to the Customer at the address indicated in the Order confirmation. The signature collected from the Customer by Fastway Courier, upon delivery will constitute evidence with regard to transport and delivery. When Australia Post is used, confirmation from the tracking number that parcel has been delivered constitutes evidence of delivery. In case of Australia Post, if signature required, the extra cost will be passed onto the customer and has to be requested before delivery. Conversely, if no signature is required by deliveries by Fastway Couriers then this must be requested before delivery.
In case of absence of the Customer during delivery, a notice should be left by the carrier. Products may therefore be collected following carrier’s instructions. In absence of Products’ collection by the Customer in the limited period fixed by the carrier, the Products will be returned to the Company. The Company will reserve the right to reimburse the Customer, while the delivery costs will remain at the Customer’s charge.
Transfer of risk intervenes on the delivery, at the address indicated on the Order confirmation or when the Customer collects the Product(s) from the carrier. The Customer shall check the content, the conformity and the condition of the Product(s) on delivery thereof. In the event of delays, damages, total or partial losses, or any problem whatsoever, the Customer shall express all reserves and complaints which would seem justified, even to refuse the parcel. Therefore, the Company advises the Customer to check the condition of the Products upon delivery and before signing the acknowledgement of receipt of the parcel. If the Customer notes any damage, he shall reject the Products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the Products. A copy shall be sent to the Company.
The information given on each Product page is as provided by the Company. This includes in particular pictures, technical specifications and descriptions. However, due to technical reasons (photographic and IT constraints), the actual Products may differ slightly from pictures provided on the Website.
The Company takes great care when putting information online with respect to the essential characteristics of the Company’s Products. In the event of non-conformity of any Product delivered to the Customer, the latter may return it to the Company’s following the procedure stated in clause 9.3.
The Company’s Products are subjected to 2-year warranty from the moment of the order confirmation date. The warranty does not cover damages, breaks or malfunctions from non-respect of precautionary measures.
If you place an order, and then decide you no longer want the product. Notify us as soon as possible. If we have already shipped product before we have received notification of cancellation, cost of delivery & return will be at customer’s expense. If we receive notification before dispatch, there will no cost and payment will refunded.
You can exercise your right to cancel by using the appropriate contact form on the Website. Any goods returned without prior notice and accordance by our Customer Service will not be accepted. The Company may claim refund to the Customer in case of damaged products or goods, which have been used and sent without applying reasonable care. The Customer will be refunded within (30) working days starting from the day we received cancellation request. Refunds are generally made by bank transfer so the Company may need the Customer’s bank details.
The goods should be returned to the following address:
The Customer is able to organize the return himself at his own expense to the address above. All goods must be dispatched by traceable post, including the reason for exchange or refund. Please note that any Order returned to any other address will not be accepted.
We remind the Customer that if he receives a Product damaged in transit and if the Customer has determined not to accept product - all return charges will be at the Company’s expense. If the Customer receives a faulty Product, return charges will be borne by the Company’s as well. If the Product is too heavy or too voluminous, we will organize the return by a carrier who will contact the Customer to pick up the goods, at our expense.
Prior to any Order and use of the Products, the Customer shall read all information available on the Website, and seek specifications, assembling guides and components of the Products and ensure that they are compatible with his private use.
The Customer undertakes to respect instructions of use given by the suppliers and available on the website as well as on the Product assembling guide and manual before use. For further information on the Product’s specifications, please contact our Customer Service.
Products offered on the Website are compliant with standards in Australia. Outside of Australia, the Customer is solely responsible for ensuring that applicable legislation in his country is complied with. And it is up to Him to investigate with the relevant local authorities any possible restrictions on the import, export or use of the Products.
The Company is solely responsible for the supply of Products in the conditions described in these Terms and Conditions. In no event shall the Company’s liability be engaged for advice, recommendations and Product conditions of use provided by other party than the Company through his Website.
The Company’s liability is limited to direct and predictable damages occurring to the Customer as a result of using the Website and the Products. The Company shall not be liable for damages caused by any failure from the Customer as a result of using the Website or the Products. The Company shall not be held liable if the non-execution or poor execution of its obligations is attributable to the Customer, or to the act, unforeseeable and unavoidable, of a third-party during the Products delivery, or due to a case of force majeure, unforeseeable, uncontrollable and external.
The Company shall not be held responsible for (i) content available on other sites or Internet sources accessible through hypertext links inserted on the Website (and in particular owing to advertisements, Products, services or any other information) neither (ii) for any damages of any kind resulting from visiting those sites. The Customer acknowledges the limits of the Internet and methods of electronic communication. Consequently, the Company shall not be held liable for non-availability of the Website or for any difficulties in connecting or for any interruptions in connection while visiting the Website or when placing an Order.
Unless otherwise provided, the Website is accessible at any place whatsoever, as long as the minimum technical conditions are respected, particularly in terms of access to the Internet network, to the mobile telephony network, and to the technical compatibilities of the equipment used. In view of the worldwide nature of the Internet network, the Customer agrees to comply with all rules of public policy concerning behaviour of the users of the Internet network and applicable in the country from which he uses the Website.
The Company does not pass on the Customer’s details to any third party unless the Customer has given permission to do so. The personal information requested from and related to the Customer is essential to process and ship his Order, to issue invoices and to draft warranty agreements, as the case may be or for the benefit of satisfaction’s questionnaires.
The Company will store the contract's content and will send you the details of your order. You can find the Terms and Conditions here at all times. The details about your recent orders can be found in your customer account."
The Customer may at any time terminate his subscription to the Website and close his member’s account. To this end, the Customer shall address his termination request to the Customer Service. In the event of any breach by the Customer of any of his obligations, in particular in case of payment incident, the Company reserves the right to suspend the Customer’s access to the Website or any services offered by the Company, or even terminate his Customer’s account depending on the degree of gravity. The Company reserves the right to refuse any Order from a Customer with whom there is a pre-existing dispute of any kind.
All elements on the Website, e.g. visual, pictures, audio, writings, animations, visual identity, database utility, software and other underlying technologies are protected by copyright, brand and patent law. They remain the exclusive property of The Company. The multiple Company’s trademarks, figurative or otherwise, and more generally all other trademarks, illustrations, images and logos included on Products, their accessories or packaging, registered or unregistered, are and shall remain the exclusive property of the Company. Any full or partial representation, modification, reproduction, distortion, of all or part of the Website or its contents, by any procedure whatsoever and in any medium whatsoever, without prior express permission of the Company is strictly forbidden. Any hypertext link to the Website is strictly forbidden without express agreement from The Company. A Customer willing to place a hypertext link on his personal site directly to the home page of the Website must ask express permission to The Company.
In the event that any one of the provisions of these Terms and Conditions should be deemed to be illegal or non-binding pursuant to a legal decision, the other provisions shall remain effective.
The acceptance by the Customer of these Terms and Conditions has the same probative force as a hard-copy written document between the Parties. Details such as time of receipt or of sending, along with the quality of the data received shall be deemed to be authentic, with priority given to the data recorded on the company’s IT systems, or as authenticated by the Company’s computer procedures, unless the Customer can prove otherwise in writing. The scope of the proof of the information delivered by the Company’s computer systems is that granted to an original in the sense of a written document on paper, signed by hand. Emails sent between the Company and the Customer shall be deemed to be the evidence of the communications, and if so of their commitments, in particular in case of Orders or payments.
The archiving of contractual documents is done on reliable and long lasting supports in order to provide a true and long lasting copy.
The fact that the Company or the Customer do not exercise any one of the rights under the Terms and Conditions shall not be deemed to be a waiver on its part of that right, such waiver being effective only where expressly declared.
The Company shall have no liability to the Customer for any failure to deliver goods he has ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
The terms and conditions are governed by the law of Western Australia and the applicable laws of the Commonwealth of Australia.