TERMS & CONDITIONS

1. This website is owned and operated by COOMO FURNISHINGS PTY LTD (ACN 620 555 875).

2. By using this website, you represent yourselves over the age of eighteen (18) years and agree to be bound by an agreement formed between you and Coomo Furnishings with the Terms herewith.

ACKNOWLEDGEMENT AND ACCEPTANCE

3. Your purchase of goods from www.coomo.com.au is subject to the Terms set out here.

4. If you do not accept the Terms, please do not use this Website and you must not make a purchase or use any information derived from this Website.

LEGAL CAPACITY

5. If you are a natural person, you represent that you are over the age of eighteen (18) years and agrees the Terms constitute a legally binding agreement between you and Coomo Furnishings and govern your use of our website.

6. Coomo Furnishings reserves the rights to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, and for any loss or damage Coomo Furnishings may suffer as a result of a transaction entered into by a minor.

7. If you are using this Website as a representative of a body corporate (e.g. a corporation), you represent and warrant that you have authority to accept the Terms on behalf of that body corporate. The Terms forms a legally binding agreement between your representing body corporate and Coomo Furnishings. You will be personally liable if you do not have the authority to act on behalf of that body corporate.

AMENDMENTS

8. Coomo Furnishings reserves its rights to amend the Terms, without notice, from time to time for legal or commercial reasons. However, we will notify you on this Website if we may any material changes to the Terms.

9. Your continued use of our services and this Website will amount to an acceptance of any amended

Terms. If you do not accept the amended Terms,you must not continue to access or use this Website.

ONLINE ORDERS

10. Your online order must be paid in full at the time of purchase.

11. Coomo Furnishings reserves the rights to decline or accept orders made through the Website, and from time to time, Coomo Furnishings may need to restrict the quantity of specific goods.

12. Any representations in this Website regarding the stock availabilities are subject to change. The delivery dates are estimates only based on the latest stock availabilities and are subject to changes. If Coomo Furnishings cannot supply the goods and unable to fulfill your order, Coomo Furnishings will either refund the price of the goods or provide a credit notes to be used in your next purchase.

13. The delivery and installation fees payable depends on the goods you order, your location to be delivered, the size and weight of your order, which will be calculated and listed in your order confirmation at the time of purchase.

14. The delivery address must be an address within Australia. It is your responsibility to ensure that you have provided a correct delivery address, contact number(s) and email address to Coomo Furnishing when you place your order online.

15. You must advise Coomo Furnishings of any possible issues, difficulties or specific requirements that may be involved in the delivery (e.g. stairs or narrow entries). You are responsible for ensuring that there is adequate access and entry to the delivery address (e.g. doorways or upstairs). If it is incapable to deliver the goods into your premises, the goods will be returned to our warehouse and we shall charge you for the costs of storage, transport and re-delivery.

16. You or your representative who is over eighteen (18) years must be present in the delivery address supplied by you at the time of delivery. We will charge you for the transportation and re-delivery costs if there is no one available to accept the delivery.

17. Coomo Furnishings reserves the rights to nominate the delivery date. We shall be deliver the goods within a mutually agreed timeframe and we use all reasonable endeavours to ensure the delivery occurs on time. However, we do not accept any liability for failure to deliver the goods within the specified time as a result of any unforeseeable circumstances that impact the delivery.

18. We will charge you a daily storage fee calculated at market rate if the goods have not been installed or collected within forty-five (45) days after the goods arrived at our warehouse.

19. Any cancellations of an order or change the delivery times within forty-eight (48) hours prior to the scheduled delivery time will incur a minimum cancellation fee of one hundred and ten dollars ($120.00) inclusive of GST.

20. The title and risk in the goods, such as loss and damage, passes to you on delivery or collection.

21. You must arrange your own delivery and insurances at your own costs if you want to deliver the goods to a regional area. You and your arranged carrier must coordinate with Coomo Furnishings with a minimum of forty-eight (48) hours’ notice in advance prior to the collection of goods from Coomo Furnishings. If you are arranging your own delivery then the title and risk in the goods passes to you immediately upon collection from our premises or warehouse.

22. All online purchases are subject to the refund policy of Coomo Furnishings.

PRICING

23. All prices shown on the Website are in Australian dollars and include GST where applicable, unless otherwise specified.

24. The prices of your order are secured once your order has been confirmed, and subsequent changes of price of the goods will not be retroactively applied to confirmed orders.

25. Delivery and installation costs will also be charged on the orders delivered to you. The delivery and installation fees payable depends on the goods you order, your location to be delivered, the size and weight of your order, which will be calculated and listed in your order confirmation at the time of purchase.

26. All prices on the Website are subject to change without notice.

27. Coomo Furnishings reserve its rights to amend any errors published on the Website at any time.

DISCLAIMER AND INDEMNITY

28. You use the Website at your own discretion and risk.

29. You are solely responsible for any damage to your devices or data losses from your devices as a result of obtain or download any material through the use of this Website.

30. To the extent permitted by law, each of Coomo Furnishings or its related bodies corporate, partners, representatives and associated agents excludes all liability from you or any third party for any loss or damages (either it is a direct, indirect, special, incidental or consequential damages) in connection with the use of this Website.

31. Each of Coomo Furnishings or its related bodies corporate, partners, representatives and associated agents does not make any representation or warrant that:

  1. a)  the quality or fitness for any purposes of the Website;

  2. b)  the accuracy of any information on the Website;

  3. c)  no interruption or cessation of transmission to or from the website;

  4. d)  no unauthorized access to or use of the Website;

  5. e)  defects in the operation or functionality of this Website will be corrected; and/or

  6. f)  the Website is fully secured and protected from any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through any third party websites.

32. Coomo Furnishings excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.

33. This provision is not intended to exclude or limit your rights under the Competition and Consumer Act 2010 (Cth).

Privacy and Personal Information

34. Coomo Furnishings always respects and is committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

35. In order to provide a full benefit of our goods and services, we may need to collect and use your personal information. Our Privacy Policy available on this Website explains how we collect and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

36. We use standard encryption to protect your personal information throughout the online payment process. We do not store your credit card details or bank information.

37. Coomo Furnishings will not be liable for any damages or losses you suffered if your membership card is fraudulently used by any person.

WARRANTY

38. Coomo Furnishings provides warranties having regard to the nature, design and features of the goods, subject to the conditions and limitations set out below.

39. The warranty is in addition to other rights and remedies you may have under the legislation in relation to the goods to which the warranty relates.

40. Any variations as a result of the nature of the goods will not be considered as defects under the warranty. These includes, but is not limited to, the natural materials that are used throughout the manufacturing process, handmade products, minor variations occurs from piece to piece, etc.

MANUFACTURER’S WARRANTIES

41. When you purchased goods from Coomo Furnishings, the warranties in the table below apply unless the description of the good or product specifies otherwise.

TABLE OF WARRANTY (1)

TYPE OF GOOD(S)

WARRANTY PERIOD (2)

Furniture

  • 5 years

  • 1 year for Ex-Rental Stock

Outdoor Use Furniture
*applies only if the item is specifically stated to be outdoor furniture.

  • 2 years

  • 1 year for Ex-Rental Stock

Lighting & Homewares *does not apply to light globe

  • 1year
  • 1 year for Ex-Rental Stock

Commercial Use Furniture (3)
*only certain range of goods is suitable for commercial use

  • 2 years
  • 1 year for Ex-Rental Stock




Upholstery Items (4)
*excludes change of mind for feather inserts


  • 1year
  • 1 year for Ex-Rental Stock



The following definitions applies to the table:

  • Commercial Use Furniture” means furniture for business, commercial, industrial, hospitality or any non-residential purpose or use.

  • Ex-Rental Stock” means certain goods which are second-hand, used or ex-rental. The same warranties and criteria in the table apply to the purchase of Ex-Rental Stock, however, the warranty for Ex-Rental Stock will be subject to implied guarantees as well as to the state of repair of the Ex-Rental Stock item at the time of sale. The purchaser also acknowledges he or she has seen or examined the Ex-Rental Stock prior to purchase or noted the description of the goods including the goods state of repair. Not all Ex-Rental Stock will come with an Ex-Rental Stock Warranty this will depend on the condition of each item.

  • Furniture” includes furniture used for personal, domestic or household use or consumption but excludes Commercial Use Furniture.



This table must be read together with the ‘EXCLUSIONS’ sections below. The warranties only limited to the frame or internal structure of a product (and excludes any surface, decoration, fabric, cracks or finish of a product), except for the Upholstery Items.
The Warranty Period commence from the date of your purchase that specified on the sale invoice.

You must inform Coomo Furnishing the purpose of your purchase at the time of purchase and must state in the relevant sales document that this Commercial Use Furniture warranty applies.

(4) This warranty covers the compression and expansion from polyurethane foam and feather inserts.

42. Coomo Furnishings will advise you the information when there is a separate or additional manufacturer’s warranty applies.

EXCLUSIONS

43. The warranty does not cover and Coomo Furnishings Pty Ltd (ACN 620 555 875) is not liable for damage or defects caused by or arising from or in any way attributable to:

  1. (a)  any failure by you to follow ours or manufacturer’s instructions or specifications;

  2. (b)  use of the goods that are not recommended by Coomo Furnishings; or

  3. (c)  the fabric or leather coverings of goods or furniture or cane/wicker furniture unless otherwise

    expressly specified in the sale contract; or

  1. (d)  a relocation of the goods from its original delivery location that is not approved by Coomo Furnishings or due to improper packaging and transporting throughout the relocation; or

  2. (e)  any work or installation carried out on the goods by a contractor or third party without prior

    written consent from Coomo Furnishings; or

  3. (f)  negligence, abuse or misuse, include but is not limited to inadequate or improper

    maintenance, exposure to water, direct sunlight, salt air, chemicals, accidents, efflorescence,

    normal wear and tear, growth of mould, mildew, fungi, bacteria or any undesignated use; or

  4. (g)  the Acts of God include but is not limited to earthquakes, cyclones, floods or other severe

    weather conditions or unusual climatic conditions; or

  1. (h)  defects in the goods that are sold “as is” basis and you have been informed of the defects; or

  2. (i)  extreme use of the goods, including but not limited to any damage caused by more than ‘normal wear and tear;’ or spills such as acid, solvents, dyes, or other corrosive materials, ink, paint or body fluids; moisture of any kind, improper cleaning techniques or placing furniture

    outdoors, in close proximity to heat or in direct sunlight.

REMEDIES

44. If, or to the extent that, it is not permitted at law to exclude, modify or restrict the liability arising from the breach of any such warranties, conditions, liabilities or obligations for the purchase of the good(s), then the liability of Coomo Furnishings Pty Ltd (ACN 620 555 875) is limited to the maximum extent permitted by law and shall be limited at its option to:

  1. (a)  the replacement of the good(s) or the supply of equivalent good(s);

  2. (b)  the repair of the good(s);

  3. (c)  the payment of the cost of replacing the good(s) or of acquiring equivalent good(s); or

  4. (d)  the payment of the cost of having the good(s) repaired.

MAKING A CLAIM UNDER THE WARRANTY

45. To make a claim under the warranty, a person must:

  1. (i)  stop using the product immediately if a defect or imperfection appear within the timeframe as specified in the table under the “MANUFACTURER’S WARRANTIES” above;

  2. (ii)  call the representative of Coomo Furnishings and notify the staffs of your claim;

  3. (iii)  must provide proof of purchase of the good(s) and make a written claim to Coomo

    Furnishings at the address set out below; and

(iv) must provide the details of the defect(s) or imperfection, and advise the circumstances in which the defect(s) appeared.

46. If the Australian Consumer Law applies to the purchase of the good(s) and Coomo Furnishings accepts that you raised a valid claim under the warranty, Coomo Furnishings will bear your reasonable costs of claiming under the warranty. You must notify Coomo Furnishings in writing of such costs when you first make a claim under the warranty, and forward all invoices reflecting such costs to Coomo Furnishing within seven (7) days.

47. However, you are liable for all the expenses incurred as a result of claiming under the warranty if Australian Consumer Law does not apply to the purchase of the good(s).

48. Coomo Furnishings will assess any claim you may make on the warranty, and inspect and determine whether the good(s) is defective. Coomo Furnishings will provide the remedies to you if we, in our reasonable opinion, agree the good(s) is defective and the warranty applies.

49. If you wish to make a claim under the warranty, please send an email to Coomo Furnishings via admin@coomo.com.au, or write to us at COOMO FURNISHINGS PTY LTD, Suite 107 to 110, 197 Young Street, Waterloo NSW 2017.

PURCHASER AS INTERIOR DESIGNER

50. This section applies if you purchase good(s) from Coomo Furnishings as an interior designer.

51. You warrant to Coomo Furnishings that you will not make any representation to your customer(s) as an agent of Coomo Furnishings Pty Ltd (ACN 620 555 875).

52. You must not offer any warranty to your customer(s) that is beyond the terms and conditions specified in your contract with Coomo Furnishings.

53. You are personally responsible for payment of the goods purchased from Coomo Furnishings, and must not assign the responsibility to your customer(s).

YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW

54. If you acquire goods in Coomo Furnishings Pty Ltd (ACN 620 555 875) as a consumeraccording to the Australian Consumer Law, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and

compensation for any other reasonably foreseeable loss or damage.

55. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

56. Pursuant to the Australian Consumer Law, your rights commence and continue for a ‘reasonable period’ from the date of purchase of the product that you have purchased. The ‘reasonable perioddepends upon all of the relevant circumstances, including the price, the uses to which it has been put, and the nature of the Product.

TRADE MARKS AND COPYRIGHT

57. All trade marks, service marks and logos (‘Trade Marks’) in relation to Coomo Furnishings (include a reference to all of its related entities, authorised licensees and agents) used in this Website belong to Coomo Furnishings Pty Ltd (ACN 620 555 875) or owned by an identified third party.

58. Coomo Furnishings owns and retains the copyright and all intellectual property rights in the content, design and artwork contained on or produced for the Website.

59. Except as stated on the website or as otherwise provided by the Copyright Act 1968 (Cth) or any other applicable law, you must not use, copy, reproduce, adapt, transmit the Trade Marks or any copyright content of this Website without our prior written consent.

COMMENTS AND OTHER CONTENT

60. We invite you to post reviews, suggestions, ideas, questions, comments or other information (‘Materials’) in our discussion and comments section(s). All Materials must not be illegal, misleading, obscene, offensive, sexual offensive, abusive, threatening, harassing, defamatory, infringing of any third-party rights or other intellectual property rights, and must not consist of software viruses, political campaigning, commercial solicitation or any spam messages. Coomo Furnishings reserves the rights to pre-screen, review, edit or remove any Materials from the Website.

61. If you post or upload Materials to the Websites, you agree and warrant that as at the date you posted the Materials:

  1. the content is accurate;

  2. it complies with all laws and regulations; and

  3. you own or otherwise obtain the rights to use the Materials and includes the attributions of the

    Materials.

You indemnify and continue indemnifying us against any loss, liability, damages, costs (including reasonable legal costs), expense or proceedings brought by a third party arising out of or in connection with the Materials.

62. When you post or upload Materials to the Websites, you agree to assign the copyright and all intellectual property rights in the Materials. Coomo Furnishings owns and retains the copyright and all intellectual property rights in the content, design and artwork contained on or produced for the Website.

63. If the Materials posted by you consist of photographs, audio or video recordings of yourself, you grant us the right to use, reproduce, modify, create derivative works from, distribute and display these Materials in whole or in part for publicity and broadcast purposes or the production of the Website.

THIRD PARTY WEBSITES

64. This Website may link to third party websites on the internet that are not owned or operated by Coomo Furnishings. You acknowledge and agree that we are not responsible for the privacy policy, copyright compliance, legality, accuracy or the content in these external websites. The inclusion of the link to these external websites in our Website does not imply endorsement of the website by us or any association with its operators.

65. We recommend you to investigate the terms and conditions of these external websites before continue browsing.

GOVERNING LAW

66. The Terms will be governed by and construed in accordance with the laws of the State of NEW SOUTH WALES, AUSTRALIA.

67. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, AUSTRALIA and courts of appeal from them.

68. If any provision of this Terms is found to be unenforceable or invalid, such provisions shall be read down and/or severed from this Terms and shall not affect the enforceability of any other provision or clause.

69. Coomo Furnishings makes no representations that the content of this Website complies with the laws of outside the State of NEW SOUTH WALES, AUSTRALIA.

ENQUIRIES

Should you have any queries about the progress of your order (e.g. order confirmation, delivery progress or product support matters), please do not hesitate to contact us at:

COOMO FURNISHINGS PTY LTD

By Post: By Phone: By Email:

Suite 107 to 110, 197 Young Street, Waterloo NSW 2017 (02) 96987003
info@coomo.com.au