Terms and Conditions
APPLICATION OF THESE TERMS AND CONDITIONS
These Terms and Conditions apply to the supply, provision, re-supply and repeat provision of any products by Coco Blakk to a Customer during the course of any trade.
Please read these Terms and Conditions carefully before accessing or using Coco Blakk’s website. By accessing or using any part of Coco Blakk’s website, you agree to be bound by these Terms of Conditions. If the Customer does not unconditionally agree to all the Terms and Conditions of this agreement, then the Customer may not access Coco Blakk’s website or benefit from any of its products or services.If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
In these Terms and Conditions, unless the context otherwise requires:-
"Customer" or “You” means without limitation any entity, whether an individual, partnership, corporation or trustee jointly and severally if there is more than one (1) that is purchasing any product from Coco Blakk.
"Delivery" means when products are delivered to the customer.
"Products" means all goods, products, work, materials, items, labour and services agreed to be supplied by Coco Blakk to the customer under any contract, arrangement or understanding between Coco Blakk and the Customer.
"GST" means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).
"Intellectual Property" means all copyrights, patents, trademarks, designs, formulae, specifications, confidential information, manufacturing processes and or modifications, improvements and derivations (whether registrable or not) owned or licensed by Coco Blakk in respect of the goods and services.
"Coco Blakk”, “We”, “Us” means Coco Crescent Pty Ltd A.C.N. 639 425 264 trading as Coco Blakk.
“CCA” means the Competition and Consumer Act 2010 (Cth) (as amended).
ORDERS AND ORDER PROCESSES
The placing of an order with Coco Blakk is a full acceptance of these Terms and Conditions. Each order is a separate contract.
Coco Blakk shall be entitled to rely on the accuracy of all information provided by the Customer in relation to the Customer’s interactions with Coco Blakk’s website. The Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, Coco Blakk accepts no responsibility for any losses, damages or costs however resulting from our reliance upon the inaccurate Information.
Coco Blakk reserves the right to refuse any order the Customer places with Coco Blakk. Coco Blakk may, in Coco Blakk’s sole and unequivocal discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Coco Blakk makes a change to or cancel an order, Coco Blakk may attempt to notify the Customer via the contact information supplied to Coco Blakk. Coco Blakk reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Coco Blakk may vary the Terms and Conditions without notice and it is the responsibility of the Customer to review the Terms and Conditions at the time of each new transaction.
PRICING AND TERMS OF PAYMENT
Prices for the supply of products INCLUDE GST and all other taxes or duties imposed on Coco Blakk’s products. In addition to paying the price of products, the Customer must pay any GST plus any other taxes or duties that may be imposed on Coco Blakk's products.
We accept VISA, MasterCard, AMEX, Diners, ApplePay, PayPal, G-Pay and Shop pay on our online store.
Coco Blakk stands behind its brand and even though its products have passed vigorous testing and are manufactured to the highest standards, Coco Blakk offers a one hundred percent (100%) product guarantee.
The Customer hereby acknowledges that the Customer has not relied on any service(s) involving skill or judgement, or any advice, recommendation, information or assistance provided by Coco Blakk and/or its agents in relation to any of its products, or their use or application.
Coco Blakk warrants that its products will be of a merchantable quality, however any liability whether consequential or otherwise arising out of or in respect of the provision, supply, re-supply, use or re-use of its products, howsoever arising, including by virtue of representation, warranty, express or implied condition or term is hereby excluded.
Coco Blakk’s liability for breach of a condition or warranty contained in this Policy or implied into this Policy by any statutory provision is limited to any one (1) of the following as determined by Coco Blakk:-
-The replacement of its products or supply of equivalent products;
-The repair of its products or payment of the cost of having its products repaired;
-An offer to accept a rebate or reduction on the price paid by the Customer for its products; or
-A refund of the price paid by the Customer for its products.
Coco Blakk will not be liable for any special, indirect, or consequential loss or damage including but not limited to loss of anticipated profits arising in any manner, whether directly or indirectly, out of its products or the supply of its products to the Customer.
The Customer assumes all risk and liability for loss, damage or injury to persons or property of the Customer, or to others arising out of the use or possession of any of its products sold to the Customer, whether such products are used singularly, or in combination with other substances, or any process(es).
The Customer warrants to use Coco Blakk’s products in accordance with the following:-
a) Any instructions that may be specified by Coco Blakk from time to time;
b) All applicable legislation, regulations, rules and ordinances governing the storage, use, handling and maintenance of Coco Blakk’s products; and
c) All necessary and appropriate precautions and safety measures relating to the storage, use, handling and maintenance of Coco Blakk’s products.
All trademarks including logos and brand names, drawings, documents, photographs, videos, texts, information, look and feel images, music, sounds, audio, designs, data compilations and software, and other materials used on Coco Blakk’s website are or will be protected by trademark, copyright and intellectual property law in Australia.
Unless otherwise indicated, reproduction of any part of Coco Blakk’s website is unlawful. All of Coco Blakk trademarks, copyright material and other material protected by copyright may only be reproduced with Coco Blakk’s consent.
These Terms and Conditions form the entire agreement between Coco Blakk and the Customer for the supply of Coco Blakk’s products, and prevails over any conditions that may be contained in the Customer’s order. Any amendments to these Terms and Conditions will not be binding unless made in writing and signed by an officer duly authorised to sign on behalf of Coco Blakk.
Unless expressed in writing to the Customer, failure or delay by Coco Blakk to exercise any right, power or privilege available to Coco Blakk will not operate as a waiver thereof nor will the exercise by Coco Blakk of any other right, power or privilege prevent us from exercising any other rights, powers or privileges available to Coco Blakk.
Assignment and Novation
The Customer must not assign or novate these Terms and Conditions or otherwise deal with the benefit of it or a right under it, or purport to do so, without Coco Blakk’s prior written consent. A change in control of the Customer will be deemed an assignment for the purposes of these Terms and Conditions.
Failure by Coco Blakk to supply and/or provide its products by reason of any circumstances of whatever nature including but not limited to fire, flood, explosion, strike, lock-out or other industrial act or dispute, the break-down of or accident to plant and equipment, unavailability or shortage of raw material, labour, power supplies or transport facilities, a shortage of product, an act of God, or any order or direction of any local, state or federal government, or governmental authority or instrumentality shall not constitute a breach of these Terms and Conditions or result in any liability to Coco Blakk.
If any term, condition or part thereof, is held by a court of competent jurisdiction to be illegal, unenforceable or contrary to public policy, then that or those terms or conditions shall be read as if such terms or conditions or part thereof was not included herein leaving the remainder of those terms and conditions valid and enforceable.
These Terms and Conditions shall be governed by the laws of the Commonwealth of Australia or the State of Victoria notwithstanding the place in which Coco Blakk’s products or any part of them are to be delivered. The Customer submits to the exclusive jurisdiction of the courts of the Commonwealth of Australia or the State of Victoria.
Relationship of the Parties
Except as expressly provided in these Terms and Conditions, nothing herein is intended to constitute a fiduciary relationship or relationship of agency, partnership or trust, and no party has authority to bind any other party.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Any communication required by virtue of trade between us and the customer must be in writing and may be given to them by being:-
- Delivered personally; or
- Posted to their address in which case it will be treated as having been received on the second business day after posting; or
- Text Messaged to the mobile number of the party with acknowledgment of receipt received electronically by the sender, when it will be treated as received on the day of sending; or
- Sent by email to their email address, when it will be treated as received on that day.