TERMS & CONDITIONS

WEBSITE TERMS OF USE

ACO Cottesloe (“we”, “us”, “website”) is the trading name and is registered in Australia, Perth. Our address is 26 Napoleon Street, Cottesloe, Western Australia 6011. Our Australian Business Number is 57 160 738 036.

Please take care and read these terms and conditions, as browsing or purchasing on this website means that you have agreed to these terms.

By using this website, you guarantee that you have read, understood and agreed that 1) you have the capacity to abide to this agreement and the authority to decide to this agreement, 2) you are bound to these terms and conditions, 3) you agree to comply with all local rules and laws.

ACO Cottesloe reserves the right to change terms and conditions at any time and without notice. These changes are effective immediately. It is your responsibility as the user to read and understand changes to the terms and conditions. The Terms and Conditions are relevant until terminated by

ACO Cottesloe reserves the right to terminate these terms at any time without notice. ACO Cottesloe reserves the right to terminate any part of the website, any users access, any products provided or the website as a whole. If you do not agree to be bound by these terms and conditions, you cannot use the ACO Cottesloe website.

 

RETURN POLICY

Please refer to our Return Policy page for detailed information.

 

WARRANTY AND LIMITATIONS

1. DISCLAIMER: ACO Cottesloe makes no warranties or representations about the accuracy or the completeness of this content, the content of any site linked to this site, contributors, information or any other items or sites linked to this site. We assume no liability or responsibility for:

• Errors or inaccuracies of content and materials;
• Personal injury or property damage of any nature whatsoever, resulting from your access to and use of the website;
• Any unauthorized access to or use of secure servers and any or all personal information stored therein;
• Any interruption or down-time on the website;
• Any bugs, viruses, trojan horses or the like that could be transmitted through the website;
• Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted or made available via the ACO Cottesloe website, social media or customer service team.

1. LIMITATION OF LIABILITY: In no event shall ACO Cottesloe be liable to any third party for any indirect, consequential, incidental, special or punitive damages, including a decrease in profit from your use of the website or social media, contributions or any branded items. ACO Cottesloe’s liability to you in respect of any loss or damage suffered by you and arising out of or in connection with this agreement whether in contract, tort or breach of statuary duty.
2. ACO Cottesloe makes no warranty with respect to any product sold other than what is stated on the ACO Cottesloe website. We do not give warranties expressed or implied with any kind of respect to any products sold on the website.

 

INDEMNITY

You agree to indemnify, defend and hold harmless ACO Cottesloe, its agents, distributors and affiliates. This includes all officers, directors and employees.

 

PRICE

Prices are all displayed and quoted in Australian Dollars. ACO Cottesloe reserves the right to do any and all fraud checks required. ACO Cottesloe reserves the right to change prices without notice. Products are only available while stock is available. Any orders placed on items with incorrect prices due to data entry error can be cancelled by ACO Cottesloe or refused. If payment has already been made you will be given the option to remedy the price or receive a refund.

 

INTELLECTUAL PROPERTY

ACO Cottesloe owns all content other than outlined content. This includes our website, database, content, images, logo, titles, names, illustrations, designs, marketing, graphics, text and images. You may not use this for any reason unless authorized in writing from Amy Beeck. Any use of any content is against copyright law.

You must not access acocottesloe.com.au to do anything for an illegal purpose. International users agree to this in their jurisdiction. You must not attempt to hack, modify or use the website illegally. You must not do anything that would harm users or ACO Cottesloe. You must not violate our trademark or copyright laws.

Any breach to any part of these terms and conditions terminates your agreement to use this page.

 

STOCK AVAILABILITY

ACO Cottesloe is responsible for updating the stock availability on the ACO Cottesloe website. In the unlikely event where you have purchased an item(s) (your card or PayPal account has been charged), and we no longer have the item(s) in stock, a staff member from ACO Cottesloe will be in contact with you to notify you of the occurrence. ACO Cottesloe will then refund you in full for the payment you have made.

 

FAULTY PRODUCTS

We warrant that:

• The Product will be delivered undamaged in the quantities ordered; and
• The Product will conform with the manufacturer’s advertised product as set out on the Site or in our Product material at the time of your Order.

We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.

In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:

• You specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
• You providing us with the order number and such other information as we reasonably require.

If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:

• Been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
• Been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
• Been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or
• Deteriorated through normal wear and tear,

After delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

 

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the ACO Cottesloe terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to ACO Cottesloe, whose applications are acceptable to ACO Cottesloe and who have authorized ACO Cottesloe to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, ACO Cottesloe reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where ACO Cottesloe feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions. 
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

 

CANCELLATION POLICY

Once an order has been placed and we have processed the order you are unable to cancel that order. If you wish to change the items purchased you will have to wait until receiving the goods when you can then complete a return as per the instructions outlined in our Returns Policy.

We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.

We will usually refund any money received from you using the same method originally used by you to pay for the Product.

 

VOUCHERS AND GIFT CARDS

You may use promotional vouchers and gift vouchers as payment for certain Products on the Site. Please note that, notwithstanding anything else in these Terms and Conditions, promotional vouchers and gift vouchers cannot be used as a form of payment on certain Products. Products, which cannot be purchased with promotional vouchers or gift vouchers will be identified as such in the written description given of those Products.

We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.

If you have a gift or promotional voucher, someone other than you can use that voucher and you can assign your rights to use that voucher.

In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.

We assume no liability for the loss, theft or illegibility of gift vouchers, promotional vouchers or gift cards.

Conditions for the redemption of promotional vouchers:

• From time to time we may release promotional vouchers that may be used on the Site. Promotional vouchers can only be redeemed on the Site.
• Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other offer (including, for the avoidance of doubt, sales, promotions and other vouchers). Individual brands may be excluded from voucher promotions.
• The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
• If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
• The credit of a promotional voucher does not accrue interest nor does it have a cash value.
• If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer). For the avoidance of doubt, gift cards are an acceptable form of payment in these circumstances.
• Please note that only one promotional voucher can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).

Conditions for the redemption of gift vouchers:

• You may purchase gift vouchers for use on the Site by you or other Customers. Gift vouchers will be sent by post as outlined in our shipping details.
• Gift vouchers and gift cards cannot be used to buy further gift vouchers or gift cards. Gift vouchers and gift cards may only be purchased through debit or credit card or PayPal.
• The credit of a gift voucher does not accrue interest nor does it have a cash value.
• If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer).
• Please note that only one gift voucher can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).

Note that vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple items are purchased using a voucher or gift card, and one or more items is returned, the discount is applied on a pro rata basis to each item for the purpose of establishing refund values. For the avoidance of doubt, gift vouchers, promotional vouchers cannot, under any circumstances, be redeemed for cash.