WEBSITE TERMS AND CONDITIONS OF USE

 

  1. About the Website

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.

  1. Acceptance of the T erms

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.

 

  1. Registration to use the Purchase Services

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

  • Preferred username
  • Mailing address
  • Telephone number
  • Password

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:

  • you are not of legal age to form a binding contract with Coe & Coe Pty Ltd; or
  • you are a person barred from receiving the Purchase Services under the laws of Australia orother countries including the country in which you are resident or from which you use thePurchase.

 

  1. Your obligations as a Member

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;

  • any applicable law, regulation or generally accepted practices or guidelines in therelevant jurisdictions;
  • you have the sole responsibility for protecting the confidentiality of your password and/oremail Use of your password by any other person may result in the immediatecancellation of the Purchase Services;
  • any use of your registration information by any other person, or third parties, is strictly You agree to immediately notify Coe & Coe Pty Ltd of any unauthorised use ofyour password or email address or any breach of security of which you have become aware;
  • access and use of the Website is limited, non-transferable and allows for the sole use of theWebsite by you for the purposes of Coe & Coe Pty Ltd providing the Purchase Services;
  • you will not use the Purchase Services or Website for any illegal and/or unauthorised usewhich includes collecting email addresses of Members by electronic or other means for thepurpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may beremoved from the Website without notice and may result in termination of the Purchase Appropriate legal action will be taken by Coe & Coe Pty Ltd for any illegal orunauthorised use of the Website; and
  • you acknowledge and agree that any automated use of the Website or its Purchase Servicesis

 

  1. Purchase of Products and Returns Policy

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 )

In using the Purchase Services, you warrant that you have familiarised yourself with, and agree tobe bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legaldocumentation provided by the Payment Gateway Providers.

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.

 

  1. Warranty

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 atadmin@coeandcoe.com.au.

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.

 

  1. Copyright and Intellectual Property

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:

  • the business name, trading name, domain name, trade mark, industrial design, patent,registered design or copyright of Coe & Coe Pty Ltd; or
  • the right to use or exploit a business name, trading name, domain name, trade mark orindustrial design; or
  • a system or process that is the subject of a patent, registered design or copyright (or anadaptation or modification of such a system or process).

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.

 

  1. Privacy

Coe & Coe Pty Ltd takes your privacy seriously and any information provided through your use of theApplication and/or the Purchase Services are subject to Coe & Coe Pty Ltd’s Privacy Policy, which isavailable on the Application.

 

  1. General Disclaimer

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:

  • all terms, guarantees, warranties, representations or conditions which are not expresslystated in these Terms are excluded; and
  • Coe & Coe Pty Ltd will not be liable for any special, indirect or consequential loss or damage(unless such loss or damage is reasonably foreseeable resulting from our failure to meet anapplicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arisingout of or in connection with the Purchase Services or these Terms (including as a result of notbeing able to use the Purchase Services or the late supply of the Purchase Services),whether at common law, under contract, tort (including negligence), in equity, pursuant tostatute or

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:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects,delay in operation or transmission, computer virus or other harmful component, loss of data,communication line failure, unlawful third party conduct, or theft, destruction, alteration orunauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Purchase Service,or any of its Content related products (including third party material and advertisements onthe Website);
  • costs incurred as a result of you using the Website, the Purchase Services or any of theProducts;
  • the Content or operation in respect to links which are provided for the User’sconvenience;
  • any failure to complete a transaction, or any loss arising from e-commerce transacted on theWebsite; or
  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication ofany materials relating to or constituting such

 

  1. Limitation of Liability

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.

 

  1. T ermination of Contract

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:

  • notifying Coe & Coe Pty Ltd at any time; and
  • closing your accounts for all of the Purchase Services which you use, where Coe & CoePty Ltd has made this option available to

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:

  • you have breached any provision of the Terms or intend to breach any provision;
  • Coe & Coe Pty Ltd is required to do so by law;
  • the partner with whom Coe & Coe Pty Ltd offered the Purchase Services to you hasterminated its relationship with Coe & Coe Pty Ltd or ceased to offer the Purchase Servicesto you;
  • Coe & Coe Pty Ltd is transitioning to no longer providing the Purchase Services to Users inthe country in which you are resident or from which you use the service; or
  • the provision of the Purchase Services to you by Coe & Coe Pty Ltd is, in the opinion of Coe& Coe Pty Ltd, no longer commercially

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.

 

  1. Indemnity

12.1 . You agree to indemnify Coe & Coe Pty Ltd, its affiliates, employees, agents,

contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (includinglegal fees on a full indemnity basis) incurred, suffered or arising out of or in connection withany Content you post through the Website;
  • any direct or indirect consequences of you accessing, using or transacting on the Website orattempts to do so and any breach by you or your agents of these Terms; and/or
  • any breach of the

 

  1. Dispute Resolution

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:

  • Within 2 days of the Notice endeavour in good faith to resolve the Dispute expeditiously bynegotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not beenresolved, the Parties must either agree upon selection of a mediator or request that anappropriate mediator be appointed by the President of the Australian Mediation Associationor his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the costof the venue of the mediation and without limiting the foregoing undertake to pay anyamounts requested by the mediator as a pre-condition to the mediation TheParties must each pay their own costs associated with the mediation;
  • The mediation will be held in Melbourne Victoria,

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.

 

  1. Venue and Jurisdiction

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.

 

  1. Governing Law

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.

 

  1. Independent Legal Advice

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.

 

  1. Severance

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.