TERMS AND CONDITIONS

COOLEEZ

 

COOLEEZ SUN PROTECTION HEADWEAR
ABN 29 005 415 912

Terms and conditions of sale

In these terms (Terms), “we” and “us” means Cooleez and “you” means you the customer or site visitor.

Access to and use of the COOLEEZ website (Website) and the products and services available through the Website are subject to the following Terms as may be updated by us from time to time.

  1. Your acceptance
  2. These are the terms on which COOLEEZ permits users to access and use the COOLEEZ website including using the services and functionality made available through the Website, viewing content provided by COOLEEZ, communicating with COOLEEZ, reviewing product information and placing an order for goods or services (Order) through the online store (Online Store).
  3. You agree to be bound by these Terms by:
    1. using, browsing or accessing any part of the Website; or
    2. placing an Order through the Online Store.
  4. COOLEEZ may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website or placing an Order, you agree to be bound by the most recent Terms despite any provisions to the contrary in the direction or any Order issued by you. It is your responsibility to check the Website regularly for updated versions of the Terms.
  5. The Website is subject to change at any time without notice and may contain errors.
  6. These are the only terms and conditions which are binding upon us with the exception of those otherwise agreed in writing by us which are imposed by a statute such as the Competition and Consumer Act 2010 (Cth) and which by law cannot be excluded.
  7. Orders for goods through the Online Store
  8. The purchase of goods or services from COOLEEZ via the Online Store is governed by these Terms and any relevant terms of third party websites that are involved in the sale of the goods or services (including privacy policies).
  9. COOLEEZ provides its Website visitors and members the opportunity to purchase goods from COOLEEZ. By placing an Order to purchase goods via the Online Store, you are offering to purchase a product on and subject to these Terms. All Orders are subject to availability and confirmation of the order price.
  10. To place an Order with COOLEEZ you must be over 18 years of age and have a registered PayPal account, valid credit card or debit card issued by a bank or credit union acceptable to us.
  11. By placing an Order via the Online Store you are making an offer and commitment to purchase the goods on these Terms. An Order is subject to acceptance or rejection by COOLEEZ in its discretion after receipt of the Order in Australia. Once you have placed an Order and the applicable payment is received by us, the Order cannot be cancelled by you.
  12. Once you have placed an Order, we will send you an acknowledgement email confirming receipt of your Order. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card, nominated bank account or PayPal account.
  13. We will send you a second email confirming the Order once full payment for the Order has been received by COOLEEZ and the Order has been dispatched. Once this has occurred, the sale contract has concluded and title in the goods passes to you as well as any risk of loss or damage.
  14. Pricing and availability
  15. All prices are shown and transactions are processed in Australian Dollars (AUD). Prices are inclusive of goods and services tax (GST). In all other respects the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.
  16. You should note that some countries have import restrictions on certain goods or services. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an Order. If you are outside Australia you will become the importer and may be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
  17. Whilst we try to ensure that all details, descriptions and prices which appear on the Website and Online Store are accurate, errors may occur. If there is a pricing error in any of the goods you have ordered we will notify you as soon as possible. You will have the option to proceed with your Order at the correct price or cancel your Order. The Order will be automatically cancelled if we are unable to contact you. If you cancel your Order and you have already paid for the goods, we will provide you with a full refund.
  18. COOLEEZ reserves the right to change the prices of goods in our Online Store from time to time as required. We reserve the right to change pricing and other information immediately without notice to you in the event of any errors. We also reserve the right to refuse to complete any Orders based on information on our Website or Online Store that is outdated or otherwise incorrect.
  19. Credit card fraud

In addition to our rights under these Terms, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

  1. Returns and refunds of an order

If you are not satisfied with the quality of the goods you have purchased or you change your mind, you may contact COOLEEZ using the details provided in the Order. Any refund or return will be at COOLEEZ’s discretion and in accordance with the returns policy noted below and applicable laws.

  1. Colours

Please note that colours of products will sometimes vary depending on the quality and make of the device or monitor they are being viewed on.

  1. Deliveries

Delivery and shipping of goods will be in accordance with our shipping policy noted below.

  1. Content
  2. COOLEEZ has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. COOLEEZ reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
  3. The Content on the Website is for general information purposes only. Furthermore, COOLEEZ does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of COOLEEZ materials or information by another person or organisation is at the user’s own risk.
  4. The Content on this Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, product or service.
  5. While care has been taken in preparing the Content on this Website, COOLEEZ and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
  6. You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website. You warrant and represent that any Content that you communicate or otherwise provide will not violate these Terms or the Privacy Policy.
  7. If you have a complaint regarding any Content, COOLEEZ’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
  8. Links
  9. The Website may contain links to other web sites. COOLEEZ provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.
  10. Other web sites which are linked to the Website are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. COOLEEZ is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. COOLEEZ is not responsible for and will not be liable in respect of any incorrect link to an external web site.
  11. You are not permitted to frame or link the Website without COOLEEZ’s express written permission.
  12. Intellectual Property
  13. All intellectual property rights, including copyright and patents, in the Website, COOLEEZ’s goods and services, and all components of them are owned or licensed by COOLEEZ or any of its related entities. You must not copy, modify or transmit any part of the Website.
  14. The Website and COOLEEZ’s goods and services contains trademarks, logos, service names and trade names of COOLEEZ or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other Content or copies of the Content appearing on the Website
  15. Viruses

COOLEEZ provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website (including placing Orders though the Online Store) you assume all risk in this regard and you release COOLEEZ from all applicable liability and responsibility.

  1. Disclaimer of warranties and limitation of liability
  2. To the full extent permitted by law, COOLEEZ excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services advertised or accessible on the Website.
  3. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) COOLEEZ excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
  4. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) and subject to clause 5, COOLEEZ excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.
  5. Indemnity

You agree to fully indemnify COOLEEZ, its directors, officers, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

  1. any breach of these Terms by you;
  2. your access or use of the Website; or
  3. your communications with COOLEEZ.
  4. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

  1. Vienna Sales Convention

To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) known as the Vienna Sales Convention does not apply to the contract comprised by these Terms and conditions nor do any of the terms and conditions express or implied by the Vienna Sales Convention form part of the contract.

  1. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

  1. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

  1. Entire Agreement

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and COOLEEZ. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of COOLEEZ.

Returns Policy

If you are not completely satisfied with your purchase, COOLEEZ will happily accept goods, in original, as sold, unworn and unwashed condition for an exchange or refund within 30 days of your purchase.

Please specify your required reason for return on the returns form (this was included in the parcel sent to you), and enclose the returns form and dispatch note with your merchandise in a parcel.

 

Please ensure your return parcel is securely packaged and both the sender’s address and the COOLEEZ Online Returns address are clearly visible on the outside of the parcel. To avoid delivery issues, we encourage you to send your parcel back by registered post.

COOLEEZ is not liable for the loss or destruction of any item that is in transit to our online warehouse.

Post your parcel to:

COOLEEZ Online Returns

PO Box 1175

Glen Iris

Victoria 3146

Australia

Please allow approximately two weeks from the day you return your package for us to assess and process your return.

All returns will be assessed and if accepted refunds will be processed using the original payment type.  Credit card refunds will be processed against the original card used to make the purchase.

Customers are responsible for shipping and handling charges for posting items back to us.

The cost of posting items back to the warehouse is at the expense of the customer, however, the cost of potage for the exchange item will be covered by COOLEEZ.  In the event where you are returning or exchanging a faulty, damaged or incorrect item, COOLEEZ will cover the postage cost.  We do not offer free delivery for ‘change of mind’ returns or exchanges, or other errors made by the customer.

 

Faulty Garments

If you believe your items have a manufacturing fault, we would like to hear from you.

Please contact our customer service team by email on cooleez.online.com.au to discuss your concerns and we will do our best find a suitable solution in either repairing or replacing the item.

PAYPAL RETURNS – PAYPAL HAS YOUR RETURN SHIPPING COSTS COVERED

*Up to 4 refunds per PayPal account on eligible purchases. A cap of $45 per refund request applies.

The Service is available at no additional cost to PayPal account holders who have registered for it at www.paypal.com.au/returns.

How do I make a Refund Request?

To submit a Refund Request, submit a claim within 14 days of returning the item and attach required documentation, available at www.paypal-returns.com/hc/en-au/requests/new.

If any document is missing, you’ll need to submit it within 7 days of your initial submission.

1.The completed online claim form submitted via www.paypal-returns.com/hc/en-au/requests/new;

2.The confirmation email for your PayPal transaction or a screenshot of your PayPal account showing that the entire price was paid using your PayPal account and displaying the PayPal transaction ID; and

3.A copy of your return shipment receipt that shows the amount you paid.

  • If you use a service that tracks shipment, the receipt should also show the seller’s address;
  • If you use regular post (with no shipment tracking), we also need a photo of the package showing the seller’s address.

4.If the return costs were deducted from the refund of your item, we also need a copy of the refund email from the seller or PayPal, showing the amount refunded to you.

Documents must be clearly legible and emailed to paypalaureturns@telusinternational.com. Please keep the original documents as you may be asked to provide new copies if the copies are not sufficiently legible.

How will I be refunded?

If your Refund Request is accepted, you will receive a refund directly to your PayPal account.

How will I know if my Refund Request is accepted?

PayPal will send you a:

  • confirmation of receipt of your Refund Request: Within 1 business day
  • notice of approval or rejection of your Refund Request: Within 5 business days from the receipt of your complete request
  • refund to your PayPal account: Within 5 business days from the notice of approval of your Refund Request

For more information on the PayPal Refunded Returns Service, see the General Conditions of Use.

Shipping policy

  1. International Delivery

[COOLEEZ currently only ships to Australia and New Zealand.]

  1. Free shipping on Australian orders

For all Australian orders, we provide free shipping.

  1. Free shipping on New ZEALAND orders over AUD$150 EX-GST

For all New Zealand orders under AUD$150, a flat rate of AUD$15 will be charged for postage and handling.

The estimated delivery time for New Zealand orders is 8-10 business days. Orders are trackable online.

The prices quoted on our website by default are inclusive of GST. Once the country ‘New Zealand’ has been selected as the shipping destination on the checkout screen, this tax will be removed and pricing will be displayed exclusive of GST.

In order to comply with Australian export regulations, we are required to declare the exact value of each order and to mark them as “dutiable merchandise”, as such orders may be subject to additional New Zealand custom duties and/or other taxes. If applicable, these are the responsibility of the customer. Please consult your local custom advisory website for more information.

*Please also note that all references to ‘free domestic shipping’ do not apply to New Zealand orders.

  1. Estimated shipping times*

Origin: Melbourne

LocationOrder Before
Metro CBD VIC, NSW, QLD, SA, ACT3-5 Business Days
Regional VIC, NSW, QLD, SA, ACT4-8 Business Days
Metro & Regional TAS, WA, NT5-10 Business Days
New Zealand7-10 Business Days
  1. TRACKING YOUR ORDER

After your order has been shipped from the warehouse, you’ll receive an email from Australia Post with your tracking number.

You can then track the delivery of your parcel by visiting the Australia Post website and entering your tracking number.

  1. AUTHORITY TO LEAVE VIA AUSTRALIA POST (SAFE DROP)

All our parcels require a signature however you now have the option to request Safe Drop directly through Australia Post. What this means is that if you’re not home, Australia Post will leave your parcel in a safe place, either specified by you or is a decision made by the driver. If there isn’t a safe place to leave it, the driver will leave a card and you will need to pop into your local Post Office to pick up the parcel.

In order to take advantage of Australia Post’s Safe Drop, you will need to make this request directly within your Australia MyPost account or via the tracking notification email that you receive from Australia Post. This cannot be requested via the COOLEEZ website and must be done through Australia Post. COOLEEZ will not be held responsible for any parcels that go missing after you have elected to use Australia Post’s Safe Drop service.

For more information, please read how it works on the Australia Post website.

Please note that by opting in for Australia Post Safe Drop you are agreeing to Australia Post’s Safe Drop Terms & Conditions .

  1. NEED MORE HELP?

If you have any questions or concerns please don’t hesitate to contact by email on cooleez.online.com.au

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