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 presented. 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

 

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.