COZY LIVING TERMS AND CONDITIONS OF SALE

In the following terms we, our, us Cozy Living and similar expressions, refer to Cozy International Pty Ltd (ABN 60647004108). All sales either online or at our stores are subject to the following terms and conditions.

1. PLACING AN ORDER

Cozy Living reserves the right to accept or reject in its absolute discretion any order, or part of an order, which it may receive from you.

When a deposit is accepted by Cozy Living relating to your purchase of the Products, the order becomes immediately binding on Cozy Living and you agree to all of the terms and conditions set out in these Terms.

When placing an order and paying either the full payment or a deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects.

2. PRICE

The prices for Products are in Australian dollars and inclusive of GST.

Delivery and access check costs will be charged in addition to the price of Products and these are included in the total cost of the order at check out.

All additional costs payable by you pursuant to these Terms are payable to Cozy Living at such times as you are notified by Cozy Living from time to time.

If we discover an error in the price either on our website, on our social media platforms or as advised by our Store Consultant, or in your payment of any Products, which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

If, in these circumstances, the order is cancelled, and you have:

  • paid a deposit for the Products: we will provide you with a full refund of the amount of the deposit; or
  • paid the full price for the Products: we will provide you with a full refund of the amount of the price that you have paid.

We reserve the right to change the prices of products and any delivery, installation or other charges displayed on this website at any time without notice to you. The price displayed at the time that you placed your order will continue to apply to you even if the price changes before your order is fulfilled by us.

We reserve the right to modify, suspend or discontinue any part or content of this website at any time without notice to you.

3. PAYMENTS

A deposit is required at the time of placing the order

Full payment must be received by cleared funds into Cozy Living's bank account 14 business days before final delivery. The reference to 'full payment' means: the price of the Products together with all other charges payable by you pursuant to these Terms less the deposit paid. Upon receipt of your full payment, the deposit previously paid by you will be applied by us towards part payment of the price of the Products. Payment can be arranged by bank transfer (EFT), credit or debit card, finance (subject to approval) or cash. Company or personal cheques are not accepted for the purchase of any Products. Amex cards and Diners cards are not accepted.

You are responsible for any costs incurred in arranging payment for the Products, (including, without limitation, bank transfer fees and related charges).

At the time that you place your order and pay the deposit for that order, we will issue you with a document called a Sales Order that specifies the details of your order. The Sales Order becomes a proof of purchase after we receive your full payment.

4. DELIVERY & COLLECTION

Our premium delivery service includes despatch and assembly.

All dates of delivery, whether written or verbally provided are only estimates. All goods shall be accepted for delivery by the purchaser within 15 days after Cozy Living has given notice to the purchaser that the goods are available for collection. The purchaser will be liable for all costs and charges, including storage, arising from not accepting delivery within 15 days.

The following applies if the purchaser elects to collect or arrange their own collection and delivery.

  • Cozy Living will not accept claims for scratches, indentations, marks, missing colour, or any other visible damage once the goods have been collected from Cozy It is important to inspect the goods thoroughly before taking the goods and signing that the goods were received in good order.
  • Payment by cash or bank cheque must be made in full within 7 days before collection of Surcharges may apply. Credit card payment will not be accepted over the phone.
  • Upon collection of goods an original Sales Order and Payment Receipt must be Cozy Living will not be liable for any damage caused due to incorrect/unsafe loading or improper securing of all collected goods. Please be aware that some items are heavy and require two people to lift them.
  • Collection of goods must be made by appointment only.

5. OWNERSHIP OF THE GOODS

Ownership of the goods ordered remains with Cozy Living until full payment has been made for the goods including any applicable costs and charges.

6. HOW TO MAKE A CLAIM AGAINST WARRANTY DEFECTS

To claim under the Cozy Living Warranty against a defect, the purchaser:

  • must stop using the product immediately after the defect appears; and
  • must notify Cozy Living within 7 days of the defect appearing;
  • provide Cozy Living with a copy of the original Sales Order & delivery tax invoice. To make a claim, the purchaser can email service@cozyliving.com.au. or call 1300 217 79

Once a claim has been lodged with the Cozy Living Customer Service Department, Cozy Living will assess the purchaser's claim, and respond within 10 business days. The cost associated with the claim including any costs of freight, house calls, labour and other items, is borne by the purchaser. The costs are based on standard Cozy Living rates.

7. REMEDIES FOR WARRANTY AGAINST DEFECTS

If a part or product is confirmed by Cozy Living to have a manufacturing defect, Cozy Living will, at its sole discretion, determine whether to repair or replace the defective part or product. Cozy Living is not liable for any loss or damage of any kind arising in connection with the goods including, but not limited to, indirect and consequential loss, except as expressly stated in the warranty against defect, to the maximum extent permitted by law.

8. VARIATIONS

The description of all furniture as detailed in the Sales Order is accepted as correct by the purchaser. The purchaser acknowledges that colour swatches and samples are only approximate guides, as leather, fabric, timbers and any marble or ceramic product may vary in texture, colour and finish. Depending on the selected covering and finish, the furniture may differ in character and feel when compared with showroom furniture. Softness and creasing of the furniture may also vary from the showroom furniture.

9. SPECIFICATIONS

Cozy Living reserves the right to change the design, price, construction and dimensions of its products without notice. The sales staff of Cozy Living are available to assist with any queries regarding any products, but the final decision on any products including the suitability on a particular model, colour, finish or covering is entirely the purchaser's responsibility. The purchaser should choose carefully because Cozy Living does not refund or exchange if the purchaser has a change of mind.

10. STORAGE

A storage fee may apply if products are not collected or not able to be delivered within 15 days after Cozy Living has given notice to the purchaser that the goods are available for collection.

11. CANCELLATIONS

The purchaser may cancel this order within 3 days from the Date of Order with a cancellation fee of $95 to apply. All refunds will only be provided to the same method of payment as the payment received from the purchaser.

Cancellation after 3 days from the Date of Order will forfeit all deposit monies paid. This fee would cover any loss associated with and includes; loss of value, administration and processing, any inventory and distribution cost, and/or any other associated costs. If the purchaser wishes to cancel their purchase, a request is required to be made in writing stating the reasons for the cancellation request. Cozy Living does not provide a refund for change of mind. Cancellation requests must be sent to service@cozyliving.com.au.

12. DELAY IN THE DELIVERY OF YOUR FURNITURE

Cozy Living will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond our reasonable control.

We will use reasonable endeavours to meet the estimated Delivery Date. If we do not meet the estimated Delivery Date, Cozy Living's liability will be limited, at Cozy Living's option, to resupplying the Products at a different time.

If at any time after receiving an order from you, Cozy Living, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays Cozy Living from supplying some or all of the Products set out in an order by the estimated delivery date. Cozy Living may elect to extend the time for performance of the delivery or terminate the order  f the Force Majeure Event continues for a period of 14 days or more, w thou! any IiabIity to you.

In this paragraph:

  • 'Force Majeure Event' means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans, pandemics (whether or not known at any relevant time) including Covid-19 (and other coronaviruses), other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond Cozy Living's, its supplier's, subcontractor's, manufacturer's or any carrier's control and that could not reasonably have been expected to have known at the time Cozy Living receives an order from you; and
  • 'Insolvency Event' means any one or more of the following events:

            i. a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so;

            ii. a resolution that it be wound up is passed or proposed or process is filed in a court

seeking an order that it be wound up;

           iii. it resolves to enter into, or enters into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business;

           iv. anything having a substantially similar effect to any of the events specified in paragraphs

(i) to (iii), inclusive, of this definition happens to it under the law of any jurisdiction.

13. GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of Victoria State of Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those courts.

14. GENERAL

Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between Cozy Living and you for the purchase of the Products.

If any part of these Terms are found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.

15. CONTACT

For further information, please contact Cozy Living Customer Service:

For showroom, hotline: 1300 217 799 or email enquiries@cozyliving.com.au

For delivery, hotline: 1300 217 799 or email despatch@cozyliving.com.au

For warranty, hotline: 1300 217 799 or email service@cozyliving.com.au