Cooper and Kids Terms and Conditions
You should read these Terms and Conditions carefully. In these Terms and Conditions the words ‘Cooper and Kids, “we”, “our” and “us” refer to Cooper and Kids and includes its directors, employees and agents; and “you” or “your” means the person who accepts these Terms and Conditions, by using the Website and associated software, networks and processes, including the purchase of goods or services through the Website.
These Terms and Conditions apply to you, the Website user and your usage of the Website and associated software, networks and processes, including the purchase of goods or services through the Website.
By browsing the Website, or placing an Order, you agree to these Terms and Conditions.
- “Agreement” or “Terms and Conditions” means these Terms and Conditions, including all the terms of any Order placed by you the user through the Website (if applicable).
- “Customer” means the person or legal entity identified in a Cooper and Kids invoice or sales document.
- “Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
- “Delivery Cost” means the costs associated with delivery as specified in an Order.
- “Goods” means the Products listed in an invoice or sales document.
- “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
- “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
- “Order” means an order for one or more Products placed by a Customer through the Cooper and Kids Website.
- “Products” means any items listed on the Website (for sale or otherwise).
- “Website” means the internet site located at the URL cooperandkids.com and operated by Cooper and Kids.
- “Content” means any material in any form published on this Website by us or any third party with our consent.
Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
- If you are under the age of 18 (eighteen), please consider a parent or guardian read these terms and conditions before becoming a member of purchasing a product from us.
- Cooper and Kids has the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
- You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
- You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Cooper and Kids takes no responsibility for any such damage which may arise in connection with your use of the Website.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- To purchase Goods on the Website you must provide your name, address, telephone number and a valid email address. If you do not provide accurate and complete details we may not be able to supply products to you. You agree to input your details correctly via the Website.
- The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Cooper and Kids will not be responsible for the content or privacy practices associated with linked websites.
- You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or the content.
- You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference, which may damage your computer system. Cooper and Kids takes no responsibility for any such damage, which may arise in connection with your use of the Website.
- All prices listed on the Website are in Australian Dollars unless otherwise specified.
- All prices displayed on the Website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
- Promotional discount codes may be given at the sole discretion of Cooper and Kids on terms and conditions notified at the time of the relevant offer.
- If a discount code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost.
- You agree to pay Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase.
- Cooper and Kids reserves the right to refuse a sale.
- Features and characteristics of Products described or depicted on the Website are subject to change without notice.
- Unless otherwise stated, any accessories, furnishings or animals shown in Product images on the Website are not included in the price or for sale.
- You may place an Order by filling in the Order Form on the Website and clicking the “confirm” button.
- Orders will be deemed to have been received by Cooper and Kids at the time we send an Order confirmation to your nominated e-mail address.
- You should take care when submitting an Order – Orders may not be cancelled once they have been received by Cooper and Kids.
- By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
- Cooper and Kids is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
- Each Order (once confirmed) represents a separate agreement.
- Cooper and Kids reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
- Cooper and Kids, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods.
- In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
- Cooper and Kids accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
- Where you have provided an incorrect or incomplete delivery address for your Order, we may charge a redelivery fee for each subsequent delivery attempt.
- You can pay for your Order by credit card on the electronic Order form on the Website.
- Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on pre-sale or backorder.
- You acknowledge that Cooper and Kids may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
- If your nominated payment method triggers Cooper and Kids internal suspect transaction protocols, Cooper and Kids may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
Delivery and ownership of the goods
- Cooper and Kids tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. Cooper and Kids does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
- The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Cooper and Kids and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order.
- Cooper and Kids will not dispatch Goods to PO box addresses.
- Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
- Cooper and Kids nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday).
- Cooper and Kids reserves the right to not ship to remote or rural locations.
- Cooper and Kids is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer’s responsibility to liaise with Cooper and Kid’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Cooper and Kids to a customer in relation to delivery will be from a third party, and as such Cooper and Kids not guarantee the accuracy of such information.
Refunds and Returns
- Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
- If Goods you purchased:
- are not of acceptable quality;
- are not fit for their purpose; or
- do not match their descriptions,
You may have rights under the Australian Consumer Law to have the Goods repaired or replaced or have the price you paid for the Goods refunded. Contact firstname.lastname@example.org within 7 days of receiving your purchase and provide your name, address and date of purchase, as well as a description of your concerns regarding the Goods.
- If Goods are damaged on delivery, then you should refuse to take receipt of those Goods and notify us immediately. If you notice damage to Goods after delivery, you should notify us immediately and we will arrange for return of the Goods in accordance with these Terms and Conditions.
- You must comply with directions from Cooper and Kids staff to facilitate a return.
- Returned Goods must be returned with proof of purchase in their original packaging, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law. If you are returning Goods due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Goods without their original packaging.
- It is the customer’s responsibility to ensure that returned items are returned safely. Cooper and Kids takes no responsibility for items lost in transit.
- Where you are returning Goods to us, we take no responsibility for Goods lost in transit.
- Refunds may take up to 10 business days to be processed.
Content and Intellectual Property
- We will defend the intellectual property rights in connection with our Goods and Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, handouts, resources, blog posts, and software).
- We also claim copyright in the designs and compilation of all Content of our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trade-marks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Linking to the Site
- You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
- We will do our best to maintain our Website so that you have constant use, but there will be times when your use may be interrupted.
- You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our Website.
- You may not use any software tool for the purpose of extracting data from our website.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
- You waive, release, discharge and relinquish any and all claims that you have now or may have against Cooper and Kids which are connected with, arise out of, relate to or are incidental to the use of the Website.
- You agree to indemnify and to keep indemnified Cooper and Kids and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Cooper and Kids arising out of or in connection with the your use of the Website, any breach by you of this Agreement or the use of Cooper and Kids Products outside the manufacturer’s specifications or other Product warnings or instructions (including labels) on the Website, accompanying the Products or otherwise notified to you from time to time.
- To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Cooper and Kids (in negligence or otherwise) is limited (at the option of Cooper and Kids) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Cooper and Kids shall not be held liable for any indirect or consequential loss.
- To the extent permitted by law, typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by Cooper and Kids will be subject to correction without any liability on our part.
- We gather personal information about our customers for the purposes of:
- marketing, supplying or delivering our products to you;
- carrying out repair work (both in and out of warranty repairs);
- improving and developing our products; and
- expanding our business.
- Cooper and Kids is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
- Further details about our practices relating to the collection, use, disclosure and storage of your personal information are available here.
- Cooper and Kids reserves the right to make changes to these Terms and Conditions without notice.
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
- If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- Any provision of this Agreement, which is void or unenforceable, may be severed from this Agreement without affecting the enforceability of other provisions.
- A failure or delay by Cooper and Kids to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Cooper and Kids does not preclude its future ability to exercise that or any other power or right.
- This Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.