Cozy Living Terms and Conditions of Sale for Clearance Products

Applies to: In-stores and website sales of Clearance Products 

1. Introduction

1.1 Scope of Application

These Clearance Product Terms and Conditions of Sale (the “Terms”) shall govern exclusively all purchases of any Clearance Product offered by Cozy Living Pty Ltd (ACN 647 004 108) (the “Company”).

1.2 Exclusion of Standard Terms

The Company’s standard Terms and Conditions of Sale shall not apply to any purchase of a Clearance Product. Instead, these Terms shall supersede and replace the standard Terms in their entirety with respect to such purchases.

1.3 Definitions

For the purposes of these Terms:

  • “Clearance Product” means any product offered for sale or sold by the Company which is: 
    • advertised on the Company’s website located at www.cozyliving.com.au; or
    • identified and promoted as a “Clearance” item or by a similar description; or
    • identified and promoted as a used, returned, or discontinued product; or
    • offered for sale during a “Clearance Sale” or a promotion with a similar title conducted by the Company.
  •  “Company” means Cozy Living Pty Ltd (ACN 647 004 108).
  • “Customer” means the individual or entity purchasing a Clearance Product from the Company.

2. Assessing the Quality of a Clearance Product

2.1 Product Condition

A Clearance Product may be, but is not limited to, a discontinued, defective, damaged, flawed, or substandard product.

2.2 Discounted Pricing

The reduced price of a Clearance Product reflects its condition, which may include, but is not limited to, discontinuation, defects, damage, soiling, flaws, or substandard quality.

2.3 Customer Inspection (In-Store Purchases)

Prior to purchasing a Clearance Product in-store, the Customer acknowledges that they have conducted a thorough inspection of the product and accepts it in its existing condition. The Customer expressly warrants that the product is suitable for their intended purpose and meets their requirements, notwithstanding any pre-existing defects, damage, soiling, flaws, or inoperability.

2.4 Website Sales

All products offered for sale on the Company’s website constitute Clearance Products and are subject to these Terms and Conditions.

2.5 Product Descriptions (Website Purchases)

When purchasing a Clearance Product from the Company’s website, the Customer acknowledges and agrees to the following:

  • Products offered for sale online are classified as Clearance Products and may not conform to the quality standards associated with new or full-priced merchandise.
  • The Company provides tiered product descriptions to inform Customers of the product’s condition.
  • The Customer understands that the product may exhibit defects, damage, soiling, or flaws and may not function as intended.
  • The Customer represents and warrants that the product is suitable for their intended purpose and meets their requirements, irrespective of any pre-existing defects, damage, soiling, flaws, or inoperability.

3. Purchasing

3.1 Order Acceptance

The Company retains the sole and unfettered discretion to accept or decline any order or portion thereof submitted by the Customer.

3.2 Payment Terms

Payment for the Clearance Product must be made in full at the time of purchase. No deposit payments are permitted. 

4. Payment

4.1 Full Payment

Payment in full for the Clearance Product, encompassing the purchase price and any ancillary charges (including, but not limited to, delivery fees), shall be remitted to the Company in cleared funds at the time of purchase.

At the time that you place your order and pay the price 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.

4.2 Acceptable Payment Methods

Payment for the Clearance Product can be made by bank transfer (EFT), credit or debit card via in-store EFTPOS machines or cash. Amex and Diner cards, company and personal cheques are not permissible forms of payment for Clearance Product. 

5. Risk and Title

5.1 Transfer of Risk

The risk of loss or damage to the Clearance Product shall pass to the Customer upon:

  • delivery of the product to the delivery address specified by the Customer; or
  • collection of the product by the Customer from the Company's warehouse or showroom.

5.2 Showroom Collections

The Company's retail staff shall not be obligated to assist with the loading of Clearance Products for customers opting for in-store collection.

5.3 Warehouse Collections

The exclusive responsibility for the transportation and loading of Clearance Products collected from the Company's warehouse rests with the Customer. The Customer shall independently arrange for and execute the collection, loading, and removal of the products. The Company's personnel are strictly prohibited from rendering any assistance in this regard, and the Company shall not incur liability for any loss or damage arising from such assistance.

5.4 Transfer of Title

Title to the Clearance Product shall vest in the Customer upon the Company's receipt of full payment in accordance with the terms of the Sales Order and these Terms.

6. Delivery or Collection

6.1 Delivery and Collection Requirements for Clearance Products

Unless you are purchasing a Clearance Product via our Website, you are required to collect the Product from the point of sale or arrange for delivery. Cozy may offer delivery services however delivery and access checking costs (if applicable) will be charged in addition to the price of Products and in all cases, this is at the discretion of Cozy.

6.2 Delivery Nomination

When you nominate delivery:

  (a) The estimated Delivery Date will be arranged with you in advance.

  (b) Any date quoted for delivery is an estimate only.

  (c) You must not defer the estimated Delivery Date without prior written consent from Cozy Living. (Refer to Storage Options, below)

6.3 Partial Deliveries and Associated Charges

We reserve the right, in our discretion, to make partial deliveries of any order, without imposing extra cost upon you. If we do not deliver all the Products in your order at the same time, that does not invalidate these Terms insofar as those partial deliveries are concerned. Despite this, if you request or cause Cozy Living to make partial deliveries of your Products, you will be charged the full delivery charge for each partial delivery

7. Short-Term Storage Options

7.1 Short-Term Storage

The Company shall not be obligated to provide short-term storage services. However, at its sole discretion and subject to the payment of additional fees, the Company may offer such services provided that:

  • The Customer's order is complete and ready for collection from the Company's premises; and
  • The Customer requests the storage option in advance and pays any applicable fees.

7.2 Storage Period

The Customer must collect or arrange for delivery of the Clearance Product before the expiration of the short-term storage period designated by the Company. 

8. The Delivery Period

8.1 Delivery Period

The Delivery Period shall commence fifteen (15) days after the products become available or as agreed upon in advance.

8.2 Failure to Accept Delivery

If the Customer fails to accept delivery or collect the Clearance Product within the specified Delivery Period, the Customer shall promptly arrange for the product's delivery to a storage facility of their choice upon the expiration of the Delivery Period. The Customer shall bear all costs associated with delivery, storage, and related charges. In the event that the Company delivers the product to the specified storage facility, the Company shall relinquish all liability for the product.

8.3 Rescission of Contract

Should the Customer fail to comply with the obligations outlined in clause 8.2, the Company may rescind the contract for sale of the Clearance Product by providing notice to the Customer. Such failure to accept delivery shall be deemed a cancellation of the original order by the Customer. In such circumstances, the Customer shall:

  • Forfeit the full purchase price paid for the Clearance Product;
  • Waive all claims to the Clearance Product; and
  • Permit the Company to dispose of the Clearance Product at its sole discretion without further notice. 

9. No Cancellations, Refunds, or Exchanges

9.1 Final Sale

All sales of Clearance Products are final. The Company does not offer refunds or exchanges for changes of mind or incorrect selections. Clearance Products are sold at discounted prices due to their condition, which may include defects, damage, soiling, or flaws. The Customer acknowledges and accepts the product's condition, including the possibility of inoperability, upon placing an order.

The Customer is advised to carefully select the Clearance Product as no cancellation, refunds or exchanges will be provided due to changes of mind or incorrect selections. The Company shall not be responsible for ensuring the product's suitability for a specific purpose unless expressly agreed to in writing.

9.2 Online Product Information

When purchasing a Clearance Product online, the Customer acknowledges that such products are not of premium quality and are categorized according to a condition rating system (Brand New; Like New; Minimal Wear) to inform the Customer of the product's condition.

9.3 No Replacements or Repairs

Each Clearance Product is unique, and the Company does not offer replacement products or repairs.

9.4 No Exchanges

Due to the unique condition of each Clearance Product resulting from defects, damage, flaws, or soiling, exchanges for products of similar quality are not possible.

10. Inspection and Condition Rating of Clearance Products 

10.1 Clearance Product Definition

The Customer acknowledges that they are purchasing a Clearance Product, as defined in clause 2.

10.2 In-Store Inspection

Unless purchased through the Company's website, the Customer is required to inspect the Clearance Product prior to purchase. By proceeding with the purchase, the Customer expressly accepts the product in its existing condition, including any defects, damage, flaws, soiling, or substandard quality.

10.3 Online Product Information

When purchasing a Clearance Product online, the Customer acknowledges that the product may not meet the quality standards of new or regular-priced merchandise. The Company provides detailed product descriptions, including a "Condition Rating" system, to assist the Customer in assessing the product's suitability for their intended purpose.

10.4 Warranty and Guarantees 

Duration of warranty against manufacturing defects:

- Sofas: 5 years for wooden frames and 1 year for leather/fabric upholstery.

- Dining tables, coffee tables, buffet and TV cabinets: 1 year for wooden parts.

10.5 Customer Responsibility for Damage

The Company shall not be liable for any refunds, returns, exchanges, or credits where the Clearance Product has been damaged directly or indirectly by the Customer or a third party while in their possession or control.

11. Products Damaged During Delivery

11.1 Pre-Existing Condition vs. Delivery Damage

The Customer acknowledges that Clearance Products are sold "as is" and may exhibit defects, damage, flaws, soiling, or inoperability. However, this does not apply to damage sustained during delivery or storage by the Company. The Customer is required to promptly notify the Company of any delivery-related damage or shortages. 

11.2 Partial Acceptance

The presence of a defect, damage, or non-conformity in a portion of the ordered products shall not entitle the Customer to reject the entire order, provided that the remaining products are free from such issues.

11.3 Claim-Related Costs

The Company will only cover freight charges, call-out fees, labor costs, and other expenses associated with a claim under this section if pre-approved in writing. The Customer must obtain such pre-approval before incurring these costs.