Terms & Conditions

Welcome to the Coral & Co. We take great pride in our products and aim to provide our customers with a pleasant customer-focussed experience. Please take a few minutes to read the information below about the legal Terms and Conditions that apply to your use of this website and any products that you Order from us.

These Terms and Conditions of Sale (Terms) govern the sale and delivery of the Goods by Coral & Co Pty Ltd (in these Terms, Coral & Co, we, us or our refer to Coral & Co Pty Ltd) to its customers (in these Terms, Customers, you or your refer to Coral & Co Pty Ltd’s customers).

We reserve the right to amend any of these Terms at any time and your use of our website and your subsequent purchase/s will constitute your agreement to be bound by these Terms as amended.

CORAL & CO PTY LTD – STANDARD TERMS AND CONDITIONS OF SALE

By using the website http://www.CoralandCo.com.au (“website”), you agree to be bound by these Terms and Conditions, which form a legally binding contract between you and Coral & Co Pty Ltd, ABN 44 606 734 972  (“Coral & Co”, “we”, “us” or “our”) and its successors and assignees. Coral & Co Pty Ltd is an Australian registered company.

The name that will appear on your Pay Pal, bank or credit card statement will be Coral & Co Pty Ltd.

ACKNOWLEDGMENT AND ACCEPTANCE

These Terms and Conditions, our Privacy Policy, Shipping and Returns Policy are to be read together to form the whole of this agreement and will be collectively referred to as the ‘Terms’ and apply to all purchases made on our website. You accept the Terms by making a purchase from us.

Your purchase from the website indicates that you have had sufficient opportunity to access the Terms and contact us with any questions, that you have read, accepted and will comply with the Terms, and that you are eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or older. You must not order products or services from us if you are under eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18) years or older. If you do not agree to these Terms and Conditions, please do not use our website.

ONLINE SHOPPING

When placing information on our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, what you see will vary to the delivered product depending on your monitor and computer equipment. We cannot guarantee that the product images on our website are an exact representation of the actual products you receive. If you're unhappy with your delivered product, please review our Returns Policy.

PRICES

The prices charged for the Goods are determined by us in our sole discretion. All prices are quoted in Australian Dollars (AUD).

Prices for all Orders in Australia are inclusive of GST, such that the prices for all Orders (excluding delivery, storage and insurance) are as quoted on our website.

We endeavor to ensure that our pricing is accurate and current and we reserve the right to amend our prices at any time. However, if you have placed an Order to purchase one or more Goods from our website, we will fulfil your Order at the price(s) listed at the time you placed your Order.

TAXES & DUTIES

International Orders do not include any taxes or duties which may be applied by customs at the destination country and any duties or taxes incurred are the responsibility of the delivery recipient.

Please note that in accordance with Australian export regulations, we are required to declare the exact value of all items and identify the order as dutiable “merchandise”. We are also prohibited by law from identifying an order as a “gift” for export purposes, even if a customer has placed the order with the intention of delivery to a gift recipient.

For more information on taxes, duties and customs regulations please contact your local customs office directly.

PACKAGING AND POSTAGE CHARGES

All packaging in addition to our customary standard of packaging and postage charges are additional to the prices quoted for the Goods and will be calculated at the time of purchase in accordance with our Shipping and Returns Policy.

DELIVERY

Please refer to our Shipping and Returns Policy.

PAYMENT

You must pay for your products purchased on this website at the time of placing an order.

We only accept payment by MasterCard, Visa and PayPal and we reserve the right to vary our accepted payment methods at any time without notice. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

We will always act to protect the details of your payment and purchase however in the absence of negligence, we will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from our website.

ORDERS

We reserve the right to accept or reject an Order for any reason, including due to unavailability of product, an error in the price, image or the product description, error in your order or inability to adequately verify the purchaser details. We also reserve the right to terminate your Coral & Co account for any reason. A binding agreement will form between us once we confirm that we have accepted your Order.

PRODUCT AVAILABILITY

All Orders are made subject to availability. We will use our best endeavours to ensure that products ordered are available for delivery, and in most cases will notify you when a product is unavailable soon after you have completed your Order. In some cases immediate notification is not possible and we may need to reject an Order where later establish that it is unavailable for delivery. Alternatively we may contact you to advise you of a delay in restocking a particular product and delivery of your Order.

If your Order is cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. We cannot provide rainchecks for products ordered online, and reserve the right to limit the sale of products to reasonable or normal household quantities.

VARIATION OF PRODUCTS AND PRICE

You agree to pay the purchase price for the products as specified on the website from time to time plus any applicable delivery charges. Product availability and product prices may vary between our stockist stores and those found on this website.

COLORS

We have made every effort to display the colors of our products that appear on Coral & Co website as accurately as possible. However, as computer monitors, tablets and mobile devices vary, we cannot guarantee that your monitor's display of a color will be completely accurate.

TITLE

Title in the products will not pass to you until the later of delivery or until your payment has been processed or otherwise received by us. If your payment is declined or reversed for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

CANCELLING AN ORDER

Once you have made an Order you may not cancel that Order for any reason whatsoever. At your request, we are unable to cancel an Order or stop an Order from being dispatched. If you have incorrectly placed an Order please refer to our Returns Policy.

It is within our sole discretion to reject your Order and we are not required to provide reasons as to why we may have rejected your offer to purchase our Goods in accordance with your Order. We reserve the rights to cancel an Order where one or more Goods have been listed at an incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight. In that instance, we will immediately refund any amounts charged to you.

RETURNS AND AUSTRALIAN CONSUMER LAW

Please refer to our Returns Policy.

LIMITATION OF LIABILITY

Your use of the website is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to our products and services, this website and this agreement, including but not limited to:

  1. implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms or which cannot be excluded by law;
  2. the quality or fitness for purpose of our goods and services;
  3. the website or the products being unavailable; and
  4. any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the website, inability to access or use the website, the products, the services, the late supply of products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.


Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. Otherwise, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages.

USE OF THIS WEBSITE

You must only use this website for lawful purposes and agree not to use it in a way that violates our rights or the rights of any third party. You recognise and agree that the content contained within this website is only intended for your own personal, non-commercial use and that you may only download, print or use content for this purpose. You must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this website without our prior express written consent.

Your access to and all use of information on our website (www.coralandco.com.au), including in relation to purchasing any of Good(s), is provided subject to the following terms and conditions:

(a) we endeavor to ensure that the listings of the Good(s) on our website are current and accurate, however, we give no undertaking as to the availability of any Good(s) advertised on our website;

(b) our website may from time to time contain hyperlinks to other websites, however, such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website;

(c) the existence of any hyperlinks does not indicate or imply that we support or endorse that website, the information available on it or the operator of that website; and

(d) we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website and is caused by any virus or malware.

We do not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, or that the website will be uninterrupted or error free, or that any defects in the website will be corrected or that the website or the server that makes the website available are free of viruses or any other harmful components. Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.

This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from our website, you do so at your own risk.

LIMITATION OF LIABILITY

 

YOUR OBLIGATIONS

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website. You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity that will place an unreasonable burden on our systems. You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.

INTELLECTUAL PROPERTY:

All design and intellectual property featured on this website is owned by Coral & Co Pty Ltd. The copyright, trademarks and other intellectual property rights contained within this website, business, products and branding are owned by or licensed to us and are protected by Australian and international laws. Unless prior written permission from us has been is obtained, the use or misuse of any copyright, trademarks or intellectual property is forbidden.

All of our trademarks, service marks and trade name “Coral & Co” used herein are our trademarks or registered trademarks, unless stated otherwise.

This Website is owned by Coral & Co and subject to copyright. If you would like to use any of our images for promotional purposes please ask permission first - a simple email is fine.

Intellectual Property includes but is not limited to:

  1. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trademarks), patents, designs, copyright, imagery, any corresponding property rights under the laws of any jurisdiction;
  2. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
  3. all work product developed in whole or in part by us.

 

Except as may be otherwise indicated in specific areas within the website, you are authorised to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. Except as authorised under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the website. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from this website

 

In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the website , the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent. The use of our trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet website, is prohibited without our express written consent.

INDEMNITY

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

DISCLAIMER

The information contained on this website is provided by us in good faith. To the best of our knowledge, the information is accurate and current. However, we and our directors, officers, employees, consultants or agents do not make any representation or warranty as to the reliability, accuracy or completeness of the information.

DAMAGE TO COMPUTERS OR OTHER DEVICES

We take reasonable steps to ensure that our website is free from viruses or other malicious or dangerous content, however we cannot guarantee that use of this website will not cause damage to your computer or other devices. We will not be liable for any loss or damage caused by any such content that may infect your computer due to the use of this website or any website linked to it. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.
You must not misuse this website by introducing technologically harmful material, including but not limited to, viruses and trojans or by attempting or actually breaching the website’s security mechanisms.

THIRD PARTY WEBSITES – EXTERNAL LINKS

This website may contain links to third party websites. We are not responsible for the condition or content of those websites as they are not under our control. You access those websites and/or use the website's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by us of the websites or the products or services provided on the website.
We will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on an external website. Any concerns regarding an external link, should be directed to its responsible website administrator or webmaster.

PRIVACY

We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. Your privacy is very important to us and we will always act to protect your information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions, and can be viewed here.

 

SPAM

Under no circumstance will we deliberately send you an electronic message without your consent. If you receive an unsolicited email from us, please let us know.

COOKIES

A Cookie is a small data file that is stored by your web browser on your computer. For more information on our Online and Digital Service please see our Privacy Policy.

PROMOTIONS AND OFFERS

Please note that unless specifically mentioned, no promotions or offers may be used in conjunction with any other promotion or offer and cannot be used to purchase Gift Cards. We reserve the right to cancel and refund any Order placed online where a customer has used one or more promotion or offer to place an Order.

PASSWORD AND ACCOUNT SECURITY

It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer ensure that you logout of your account at the end of each session. If you believe that there has been a security breach or misuse of your password or account, please let us know immediately. We will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.

WEBSITE CHANGES

These Terms may be amended from time to time with notice, and we reserve the right to amend these Terms at our sole discretion, without prior notice and without incurring any liability to you. Your use of this website following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check these Terms prior to each use of the website.

WEBSITE UNAVAILABILITY

We will not accept responsibility if this website is unavailable to you as a result of computer downtime, malfunction or other factor/s beyond our control.

CORRECTION OF ERRORS

Occasionally there may be content on this website that contains typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. In this circumstance, we reserve the right to amend any typographical errors, inaccuracies or oversights and to correct or update content or cancel Orders at any time without prior notice. Please note that this also applies to Orders that have been submitted.

If you believe that there is a typographical error, inaccuracy or oversights on this website please contact us by email at info@coralandco.com.au

INDEMNITY

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

FORCE MAJEURE

We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.

WAIVER

Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

TERMINATION

If you breach these Terms and Conditions, we reserve the right to immediately suspend, terminate or limit your access to this website. A notice as outlined above will be sent to you.

ASSIGNMENT

You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.

SEVERABILITY

If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

GOVERNING LAW AND JURISDICTION

These Terms will be governed, construed, interpreted and enforced in accordance with the laws applicable in New South Wales (Australia) and not by any other foreign or international law, convention or treaty, including the provisions of the United Nations Convention on Contracts for the International Sale of Goods (1980), regardless of any choice of law or conflict of law provision or rule of any other jurisdiction that would cause the application of the laws of any other jurisdiction.

Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales (Australia), and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought at any time relating in any way to these Terms.

We operate this website from our offices in Australia; however this website may be accessed throughout Australia and overseas. We make no representations that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

ENTIRE AGREEMENTAND SEVERABILITY

These Terms constitute the entire agreement between us and you and supersedes any prior conduct, arrangement, agreement or understanding in relation to their subject matter. If a provision in these Terms is unenforceable or invalid in any jurisdiction, it will be ineffective in that jurisdiction to the extent that it is unenforceable or invalid. No provision in these Terms will otherwise be affected in any jurisdiction.

ACCRUED RIGHTS AND SURVIVAL

Termination of this agreement does not affect any accrued rights or remedies of a party.

 

 

 

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@carolineschnapp Owner