Terms & Conditions
These Terms apply where Saveba Pty Ltd (ACN 002 728 985) trading as Coco Republic (Coco Republic) supplies Goods to a Customer.
1. DefinitionsIn these Terms:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts;
Customer means the person, entity, firm or corporation that acquires Goods from Coco Republic pursuant to these Terms, the details of which are set out in the relevant sales document and includes the Customer's permitted assigns, successors, employees, servants and agents;
Coco Republic Warehouse means the Coco Republic warehouse from which Goods may be collected by the Customer, if applicable, as specified under the relevant Order;
Consequential Loss means any loss, damage or costs incurred by a party or any other person that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity;
Consumer has the meaning given to it in section 3 of the Australian Consumer Law;
Consumer Guarantee means any right or statutory guarantee under Division 1 of Part 3-2 of the Australian Consumer Law;
Contract means the contract of purchase of Goods between the Customer and Coco Republic which comprises these Terms and all Orders for Goods placed by the Customer and accepted by Coco Republic;
Collected Order has the meaning given in clause 3.1;
Defective Goods means Goods that are defective in design, performance or workmanship;
Delivered Order has the meaning given in clause 3.1;
Dispatch Date has the meaning given in clause 3.2(a);
Gift Card has the meaning given in clause 12;
Goods means goods supplied by Coco Republic to the Customer;
GST Act means A New Tax System (Goods and Services Tax) Act 1999;
Loss means any losses, liabilities, damages, costs, interest, charges, fines, penalties or expenses (including lawyer's fees and expenses on a full indemnity basis) whether direct, indirect, special, consequential or otherwise;
Subject to any Non-Excludable Rights, Coco Republic and the Customer acknowledge and agree that these Terms take precedence over all other conditions of supply, and apply to the exclusion of all other documents, prior discussions, representations, understandings and arrangements (written or oral, express or implied) and other representations (contractual or otherwise), whether or not endorsed or delivered with or referred to in any Order or other documents delivered by the Customer to Coco Republic.
The Customer accepts these Terms, as amended from time to time in accordance with clause 2.5, by placing an Order for Goods, by performing an act that is done with the intention of adopting or accepting these Terms, including continuing to order Goods after receiving notification of an update by Coco Republic, or by oral acceptance. Once these Terms are accepted, a Contact is formed between the Customer and Coco Republic.
For the avoidance of doubt, once these Terms are accepted by the Customer, the Customer is bound by all of its obligations under the Contract even where it acquires the Goods under the Contract for the purpose of resupplying them to another person or providing them to another person in connection with the supply of goods or services, including where the Customer is an interior designer providing goods or services to its client. This clause applies despite any trade discount or trade account that Coco Republic has agreed to provide the Customer.
If the Customer expressly enters into these Terms on behalf of another entity in the relevant sales document, the Customer warrants and represents that the Customer has the authority of that entity to bind that entity to these Terms.
Coco Republic may update these Terms from time to time and the altered terms shall apply to Orders placed by the Customer after such notification and will supersede all previous terms and conditions imposed by Coco Republic regarding such Orders.It is the Customer's responsibility to check the applicable terms on the Website before placing an Order.
3. Order and delivery
The Customer may place an order for Goods with Coco Republic in any of the following ways:
(i) in-store or via the Website for delivery by Coco Republic, provided the required delivery location is within Coco Republic's Serviceable Area (Delivered Order); or
(ii) in-store or via the Website for collection by the Customer from the Coco Republic Warehouse or by a transport carrier engaged by the Customer (Carrier) to collect the Goods from Coco Republic and deliver them to the Customer (Collected Order).
(each an Order).
Each Order placed by the Customer will constitute an offer by the Customer to acquire the Goods from Coco Republic on and subject to these Terms and will form part of the Contract if accepted by Coco Republic.
Coco Republic reserves the right to accept or reject any Order, or any part of an Order, placed by the Customer at its sole discretion, including rejecting a Delivered Order where the required delivery location is outside of Coco Republic's Serviceable Area.
While Coco Republic endeavours to display accurate stock levels and lead times on the Website, these stock levels and lead times are estimates only and may be subject to change.
It is the Customer's responsibility to ensure that the Customer's information included in the Order (including the Customer's name, contact number and email address) is correct and to notify Coco Republic of any changes to such information.
Where the Customer's Order is comprised of multiple items, Coco Republic may deliver the Goods under that Order by separate instalments. Each separate instalment must be delivered or collected in accordance with this clause 3, and paid for in accordance with clause 5.
Delivery and collection
Coco Republic will contact the Customer when the Goods are ready for collection or delivery (and where applicable, installation) (Ready Date) to book in a date for collection or delivery (and where applicable, installation) (Dispatch Date). Coco Republic reserves the right to nominate the Dispatch Date, but will use all reasonable endeavours to nominate any preferred date that the Customer communicates to Coco Republic.
The Customer acknowledges and agrees that the Ready Date and/or Dispatch Date may be earlier than, or later than, any estimated delivery date provided to the Customer at the time of placing an Order, and the Customer will be bound by its obligations under this Agreement (including under clauses 3.2(a), and 5(e)) despite any such difference between the estimated delivery date and the Ready Date and/or Dispatch Date.
Coco Republic will use all commercially reasonably efforts to:
(i) deliver the Goods for which it has accepted a Delivered Order; or
(ii) make the Goods for which it has accepted a Collected Order available for collection,
by the Dispatch Date.
The failure of Coco Republic to deliver or arrange for collection of the Goods by the Dispatch Date does not entitle either party to treat an Order or the Contract as repudiated.
In relation to Delivered Orders accepted by Coco republic:
The Customer will be advised, at least 48 hours before the Dispatch Date, of the four-hour window (during business hours) on the Dispatch Date in which the Goods will be delivered.
The Customer must:
(i) ensure that the correct delivery address is provided in the Order;
(ii) inform Coco Republic of any issues, difficulties or specific requirements associated with the delivery of Goods at time of purchase, or where such issues, difficulties or specific requirements arise or become apparent after the time of purchase, as they arise or become apparent;
(iii) ensure that the Goods ordered are capable of effective and safe delivery, including that the Goods will fit through access areas such as doorways and stairs; and
(iv) ensure safe access for the delivery of Goods, including by ensuring that the delivery location does not require Coco Republic's delivery personnel to navigate hazardous terrain or active construction sites, or delivery Goods via fire stairs, inclinators or balcony lifts.
Coco Republic may accept or reject any request from the Customer to update the delivery address, and will notify the Customer of the updated delivery fee if such request is accepted.
The Customer acknowledges and agrees that unforeseeable circumstances (such as traffic congestion, weather events, delivery delays, and road closures) may impact Coco Republic's ability to deliver by the Dispatch Date, and that in such cases delivery may need to be rescheduled.
Delivery will only be made to a person authorised under the customer account, unless agreed otherwise with Coco Republic prior to delivery. Any person who accepts delivery of the goods at the delivery address must be 18 years or over and able to accept delivery.
The Customer acknowledges and agrees that, subject to any Non-Excludable Rights, if Coco Republic is unable to deliver the Goods due to the Customer's failure to comply with clause 3.3(a):
(i) Where possible, Coco Republic will leave the Goods at the Customer's premises (Drop Off) and:
(A) the Customer releases Coco Republic from any liability arising from the Drop Off; and
(B) the Customer will not be entitled to any refund or exchange in relation to the Goods, arising from the Drop Off.
(ii) In the event a Drop Off is not possible, the Goods will be returned to the Coco Republic Warehouse and the Customer will be charged for the pre-arranged delivery costs (if not already paid for prior to delivery), the cost of redelivery and an additional $50 administration fee.
The Customer may order Goods from Coco Republic provided the required delivery location is within Coco Republic's Serviceable Area. Coco Republic may from time to time, at its sole discretion, accept orders requiring delivery to locations outside of its Serviceable Area (however, for the avoidance of doubt, acceptance of such orders does not modify or extend the definition of Serviceable Area to apply to new locations).
The Customer must collect the Goods the subject of a Collected Order on the Dispatch Date.
In placing a Collected Order, the Customer acknowledges and agrees that:
(i) it is the Customer's responsibility to load the Goods into its vehicle, secure the Goods at the Coco Republic Warehouse and to provide all necessary labour and materials required for such purpose;
(ii) aside from placing the Goods in the loading dock or near the Customer's vehicle, Coco Republic is under no obligation to assist the Customer to load or secure the Goods;
(iii) the Customer must sign a proof of pick up document at the collection point and must permit Coco Republic to take photos of the Goods at handover; and
(iv) the Customer has had the opportunity to inspect the Goods upon collection and raise any obvious defects with Coco Republic at that time.
Collection by Carrier
Where the Customer has arranged for a Carrier to collect the Goods, the Customer:
(i) must arrange for the Carrier to collect the Goods on the Dispatch Date;
(ii) acknowledges and agrees that:
(A) it is the Customer's responsibility to pay all associated charges and insurances direct to the Customer's Carrier;
(B) the Customer must coordinate the collection of Goods with Coco Republic at least 48 hours in advance of the Dispatch Date;
(C) it is the Carrier's responsibility to load the Goods into its vehicle, secure the Goods at the Coco Republic Warehouse and to provide all labour and materials required for such purpose;
(D) aside from placing the Goods in the loading dock or nearthe Carrier's vehicle, Coco Republic is under no obligation to assist the Carrier to load or secure the Goods;
(E) the Carrier must provide written evidence of its authority to collect the Goods on behalf of the Customer to Coco Republic on pickup;
(F) the Carrier will be required to sign a proof of pick up document at the collection point and must permit Coco Republic to take photos of the Goods at handover; and
(G) the Carrier, on behalf of the Customer has had the opportunity to inspect the Goods upon collection and raise any obvious defects with Coco Republic at that time.
Changes to Dispatch Date
The Customer may not change or cancel the Dispatch Date without Coco Republic's prior written consent.
If Coco Republic consents to a change or cancellation of the Dispatch Date, but the Customer requested the change or cancellation less than two Business Days before the Dispatch Date, the Customer will be charged a $50 administration fee and, in the case of a Delivered Order, all pre-arranged delivery costs (if not already paid) and the cost of re-delivery.
Failure to accept delivery or collection of the Goods
If the Customer does not collect or accept delivery of the Goods within 21 days from the Ready Date, and provided that Coco Republic has since attempted to contact the Customer using the Customer's nominated contact details to arrange collection or delivery:
(i) where the Goods are stocked (non-customised) items, the Goods will be reallocated to another customer who has placed an order for the same goods or otherwise returned to Coco Republic's stock, and the Customer must contact Coco Republic to arrange for a time for collection or re-delivery (noting that this may create delays for the Customer where additional stock has to be ordered in); and
(ii) where the Goods are no longer able to be returned to stock (including clearance, ex-display and discontinued stock) or have been customised to the Customer's preferences, a storage fee of $500 (inclusive of GST) per week (and prorated for any part of a week) will be payable by the Customer until collection or delivery is arranged for the Goods. Storage fees will be incurred on a weekly basis until collection or delivery has been completed. The Customer's Order will not be made available for collection or redelivered until any storage fees are paid prior to final delivery.
If the Customer has not collected or accepted delivery of the Goods within 3 months after the Ready Date (Relevant Period) Coco Republic may sell or dispose of the Customer's Goods in any manner that Coco Republic deems appropriate, provided that Coco Republic:
(i) has first attempted to contact the Customer using the Customer's nominated contact details during the Relevant Period to arrange collection or delivery; and
(ii) has not caused the Customer to be unable to collect or accept delivery of the purchased Goods.
If, in accordance with clause 3.7(a), Coco Republic returns the Goods to stock or otherwise sells the Goods, Coco Republic will issue a Store Credit to the Customer for the following amounts:
(i) where the Goods are stocked (non-customised) items, the amount paid by the Customer to Coco Republic for the Goods less any outstanding storage fees and a 20% restocking fee to cover Coco Republic's administrative and handling costs; or
(ii) where the Goods are no longer able to be returned to stock (including clearance, ex-display and discontinued stock) or have been customised to the Customer's preferences, the amount paid by the Customer to Coco Republic for the Goods less any outstanding storage fees and a 55% restocking fee to cover Coco Republic's administrative and handling costs.
Coco Republic's liability
Subject to any Non-Excludable Rights:
If for any reason Coco Republic is unable to fulfil a Customer's Order or deliver the Goods to the Customer by the estimated delivery date or the Dispatch Date or at all (in the case of a Delivered Order), the Customer will be notified and may (at its discretion) cancel the Order and receive a refund of the price of the Goods, Store Credit, or a Coco Republic Gift Card for the value of the Goods;
in all other cases, Coco Republic will not be liable for any Loss incurred by the Customer where Goods (or any of them) are not made available for collection or delivered by the estimated delivery date, the Dispatch Date or at all.
4. Title and risk
Risk in the Goods passes to the Customer when the Goods are loaded at the Coco Republic Warehouse for delivery to, or collection by, the Customer (or the Carrier, where applicable).
Title to the Goods passes to the Customer on payment in full of the Price for the Goods, and all other amounts payable by the Customer to Coco Republic on any account whatsoever.
5. Pricing and payment
The price for the Goods will be as set out on the Website or otherwise quoted by Coco Republic to the Customer (Price).
All prices quoted or listed on the Website are in Australian dollars and include all applicable taxes, including GST, unless otherwise specified.
The prices listed on the Website are subject to change from time to time without notice. It is the Customer's responsibility to check Coco Republic's prices on the Website prior to placing an Order.
The Price for Goods ordered is fixed from the time that the Customer's Order is accepted by Coco Republic. Any subsequent price fluctuations will not be retroactively applied to confirmed Orders.
Except as otherwise stipulated in respect of a promotion, or as otherwise agreed between Coco Republic and the Customer, the Customer must pay the Price in the following instalments:
(i) a deposit at the time of purchase which will be equal to 55% of the total Price of the Goods purchased by the Customer (Deposit); and
(ii) the balance of the total Price of the Goods purchased by the Customer within 10 Business Days after the Ready Date, but no later than 1 Business Day before the Dispatch Date (Balance Payment Date).
The Customer acknowledges and agrees that it must pay the Price in full by the Balance Payment Date. Unless otherwise agreed in writing between the parties, Coco Republic may withhold collection or delivery of the Goods until the Customer has paid the Price in full.
If the Customer has not paid the balance of the Price by the Balance Payment Date and does not rectify this failure within 10 Business Days after receiving notice of the failure from Coco Republic, Coco Republic may cancel the Order and, subject to clause (h), the Customer shall forfeit the Deposit.
Despite clause (g):
(i) if Coco Republic returns the Goods to stock or otherwise sells the Goods Coco Republic will issue Store Credit to the Customer for the amount of the Deposit paid by the Customer to Coco Republic for the Goods less a restocking fee equal to 20% of the Price of the relevant Goods, to cover Coco Republic's administrative and handling costs; and
(ii)where the Goods are no longer able to be returned to stock (including clearance, ex-display and discontinuted stock) or have been customised to the Customer's preferences, the Deposit will be forfeited in full.
Subject to any Non-Excludable Rights:
Coco Republic may cancel an Order after it has been accepted where it is reasonably required to do so in response to a supply shortage
The Customer may not cancel an Order after it has been accepted without Coco Republic's consent, which consent will only be granted in extremely limited circumstances at its discretion;
Coco Republic will not under any circumstances consent to an Order cancellation or provide any refund or exchange in respect of:
(a) Goods that are ex-rental products, clearance products or floor stock products; or
(b) Goods that are customised to the Customer's preference or are otherwise non-stock or bespoke products.
If Coco Republic consents to an Order cancellation, the Customer acknowledges and agrees that if the Order contains Goods which are stocked (non-customised) items, the Customer will receive Store Credit for all amounts paid to Coco Republic towards those Goods, less a 20% restocking fee to cover Coco Republic's administrative costs and other expenses incurred in handling and cancelling the Order.
7. Returns and refundsSubject to any Non-Excudable Rights, all returns for Defective Goods will be dealt with in accordance with clause 8, and no refund or exchange will be provided to the Customer for any change of mind or an error in ordering the Goods, except in accordance with clause 6 (if applicable).
8.1 Subject to Australian Consumer Law (a)
The Australian Consumer Law provides Consumers with a number of Non-Excludable Rights. This clause 8 is therefore to be read as subject to such Non-Excludable Rights, and will not apply to the extent that it excludes, restricts or modifies those Non-Excludable Rights or is otherwise contrary to law.
The following specific mandatory text applies to Consumers:
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. 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
8.2 Defective Goods (a)
The Customer must, as soon as possible after collection or delivery of the Goods (as applicable), check whether the Goods are Defective Goods when delivered. If a defect is identified, the Customer must immediately stop using the Goods.
Coco Republic will not be liable for any Defective Goods unless the Customer notifies Coco Republic with full details and a description within the period from the time of collection or delivery (as applicable) within which it would be reasonable to expect the relevant defect to be identified or become apparent (Defect Notice), otherwise the Customer is deemed to have accepted the Goods.
Process for making a defect claim
Coco Republic will, upon receipt of a Defect Notice, contact the Customer to help determine, acting reasonably, whether the Goods are Defective Goods and, if they are, will inform the Customer how Coco Republic will remedy the relevant defect. Coco Republic may, at its discretion, request further information or assistance from the Customer for the purposes of making this determination, including arranging for a virtual and/or physical inspection of the Goods, and the Customer must promptly comply with all such requests.
If Coco Republic requires the return of the Goods for the purposes of assessing a Defect Notice or providing a remedy under this clause, Coco Republic will bear the reasonable delivery costs of any such return, provided however that if Coco Republic subsequently determines after receiving and inspecting the Goods (acting reasonably) that the Goods are not Defective Goods, the cost of return (and any re-delivery to the Customer) will be charged to the Customer.
Defective Goods claim may become void if the goods are located outside of Coco Republic's Serviceable Area.
Remedy for Defective Goods
If Coco Republic determines, acting reasonably, that the Goods are Defective Goods, Coco Republic will, in its sole discretion, provide the Customer with one of the following remedies: (a) a repair of the Goods; (b) a refund of the cost of the Goods; or (c)
a replacement of the Goods with goods that are at least equivalent to the original Goods in function and quality. When Goods or a component of the Goods are replaced, any replacement item becomes the property of the Customer and the replacement item becomes the property of Coco Republic.
9. Material Variation
Coco Republic uses natural materials in the production of Goods available for purchase by the Customer and as such colour, shade, tone, markings, texture and veining may vary between samples of the Goods and the Goods supplied. This may include, but is not limited to, materials such as timber,marble, stone, leather, fabric, velvet, cowhide and glassware (Materials). The Customer acknowledges that, due to the use of Materials, the Goods supplied may:
(a) exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time;
(b) expand, contract or distort as a result of exposure to heat, cold, weather;
(c) mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by impact or scratching.
Subject to clauses 8 and 14 of this Agreement, and any Non-Excludable Rights, while Coco Republic will make every effort to match samples of the Goods to the Goods supplied, Coco Republic accepts no liability whatsoever where the Goods supplied differ to samples of the Goods due to the Materials used to produce the Goods. For the purpose of this clause samples include items on display in any of Coco Republic’s showrooms or online on its website.
Any advice, recommendation, information, assistance or service provided by Coco Republic in relation to Goods supplied is given in good faith and, subject to any Non-Excludable Rights, shall be accepted without liability on the part of Coco Republic and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Goods.
10. Floor Stock
The Customer acknowledges and agrees that, subject to clause 8 and any Non-Excludable Rights, all Goods which are ex-rental and floor stock are purchased in the condition they are displayed in and the Customer will not be permitted to return such Goods or entitled to receive any refund or exchange for a change of mind or an error in ordering.
11. Goods and Services Tax (GST)
Words or expressions used in this clause that are defined in the GST Act have the same meaning given to them in that Act.
Unless otherwise stated, any amount specified in the Contract as the consideration payable for any taxable supply includes any GST payable in respect of that supply.
Each party agrees upon request to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with the Contract.
If an adjustment event arises in relation to a taxable supply made by a party under this Contract (supplier), the amount paid or payable by the party to whom the taxable supply is made (recipient) will be amended to reflect this and a payment will be made by the recipient to the supplier or by the supplier to the recipient, as the case may be.
12. Gift Cards
The terms and conditions set out in this clause 12 apply where a Customer purchases or makes payment using a Coco Republic gift card (Gift Card).
Purchase and activation of Gift Cards
(a) Gift Cards are available for purchase from any Coco Republic showroom.
(b) A Customer purchasing a Gift Card must nominate the amount that it wants to put on the Gift Card (which must be a minimum of $50.00) and pay that amount by any means other than by another Gift Card.
(d)Once payment has been accepted, the Gift Card will take 1-3 working days to be activated. Until activation, the Gift Card cannot be used for any transactions.
Using Gift Cards
(a) A Customer may redeem a Gift Card by presenting the Gift Card at the point of purchase at any Coco Republic showroom, or by entering in the relevant details on the Website.
(b) If a Customer's Gift Card exceeds the total amount of the Customer's Order, the remaining balance will be automatically updated on the Gift Card.
(c) If a Customer's Order exceeds the value of the Gift Card, the Customer must pay the remaining balance of the Order by an alternative form of payment (including by store credit).
(d) A Customer cannot exchange a Gift Card or any part of it for cash.
Cancellation and expiry of Gift Cards
(a) Unless otherwise indicated, Gift Cards are valid for thirty six (36) months after their date of purchase.
(b) Any balance remaining on a Gift Card after its expiry will be forfeited and will automatically become the property of Coco Republic.
(c) Gift Cards cannot be re-loaded or topped-up with additional credit. Once a Gift Card reaches a zero balance, that card will expire.
(d) Coco Republic may cancel a Gift Card for any reason, at any time without notice. If so, a refund or a replacement Gift Card of equivalent value will be provided.
(e) Gift Cards are the sole responsibility of the purchaser and recipient. Coco Republic is not responsible for lost, stolen or damaged cards or unauthorised use.
13. Store credit
13.1 The terms and conditions set out in this clause 13 apply where Coco Republic issues a Customer with store credit, which the Customer may use to purchase or make payment to Coco Republic for Goods (Store Credit). 13.2
Using Store Credit
(a) Store Credit may be used to purchase Goods at any Coco Republic showroom in Australia. At this time Store Credit cannot be used to purchase Goods on the Website.
(b) If a Customer's Store Credit exceeds the total amount of the Customer's Order, the remaining balance of the Store Credit will be automatically updated.
(c) If a Customer's Order exceeds the value of the Store Credit, the Customer must pay the remaining balance of the Order by an alternative form of payment.
(d) A Customer cannot exchange Store Credit or any part of it for cash.
Cancellation and expiry of Store Credit
(a) Store Credit is valid for thirty six (36) months after the date it is issued.
(b) Any balance remaining on the Store Credit after its expiry will be forfeited and will automatically become the property of Coco Republic.
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. 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.
In this clause 14:
Commercial Use Furniture means Goods acquired by the Customer for a business or commercial use, where the sales document provided to the Customer states that a Commercial Use Furniture Warranty applies;
Ex-Rental Stock means Goods which are second-hand, used or ex-rental, where the sales document provided to the Customer states that an Ex-Rental Stock Warranty applies;
Extreme Use means any damage caused to Goods which are outside of normal wear and tear, including spills from acids, solvents, dyes or other corrosive materials, ink, pant or bodily fluids, moisture of any kind, improper cleaning techniques or placing Goods outsides in close proximity to heat or in direct sunlight;
Factory Second Stock means Goods which contain a fault or imperfection (e.g. cosmetic issues like scratching or denting) or are ex-display models or floor stock and thus sold at a reduced price, where the sales document provided to the Customer states that a Factory Stock Warranty applies;
Furniture means Goods described as furniture acquired by the Customer, but excluding any Outdoor Furniture, Upholstered Furniture or Commercial Use Furniture;
Lighting & Homewares means Goods described as lighting or homewares acquired by the Customer, but excluding any light globes;
Outdoor Furniture means Goods described as outdoor furniture acquired by the Customer;
Structural Warranty means a warranty for defects in the frame or internal structure of Goods, and excludes any defects in the surface, decoration, fabric, cracks or finish of Goods; and
Upholstered Furniture means Goods described as upholstered furniture acquired by the Customer.
In addition to any rights the Customer may have under this agreement and the Australian Consumer Law, and subject to the exclusions set out in clause 14.4, Coco Republic provides the following limited warranties:
a Structural Warranty for Furniture for 5 years (or 1 year for Furniture Ex-Rental Stock or Furniture Factory Second Stock);
a Structural Warranty for Outdoor Furniture for 2 years (or 1 year for Outdoor Furniture Ex-Rental Stock or Outdoor Furniture Factory Second Stock)
a Structural Warranty for Commercial Use Furniture for 2 years (or 1 year for Commercial Use Furniture Ex-Rental Stock or Commercial Use Furniture Factory Second Stock)
a Structural Warranty for Lighting & Homewares for 1 year (including for Lighting & Homewares Ex-Rental Stock or Lighting & Homewares Factory Second Stock);
a Structural Warranty for Upholstered Furniture for 1 year (including for any Upholstered Furniture Ex-Rental Stock or Upholstered Furniture Factory Second Stock), which will apply to any compression or expansion from polyurethane foam and feather inserts, but will not apply to feather inserts;
Subject to any Non-Excludable Rights that may apply to the Customer, the warranties listed in clause 14.3 do not apply in relation to:
Goods that are located outslide of Coco Republic's Serviceable Area (apart from any Goods that Coco Republic agreed to deliver to a Customer outside of the Serviceable Area under clause 3.1(c), provided those Goods remain located at the original delivery location);
Goods which, by their nature or design, can be expected to exhibit minor flaws or variations, for example Goods which are designed to be of a rustic nature where surface details may vary from the imagery or display model;
defects or damage resulting from the Customer's negligence, abuse or misuse of the Goods, including inadequate or improper maintenance, exposure to water, direct sunlight, salt air, chemicals, accidents, any use for which the product was not designed or for any ordinary wear-and-tear;
the fabric or leather coverings of Goods, or Goods made up of cane or wicker, unless the sale document provided to the Customer expressly states that a warranty will apply;
any failure by the Customer to follow the Coco Republic Care Instructions (located here) or manufacturer’s instructions or specifications;
any damage caused by a transport carrier engaged by the Customer directly (except where pre-approved or expressly recommended by Coco Republic);
any Extreme Use; or
any damage caused by work carried out on or in respect of the Goods by a contractor or third party (except where pre-approved or expressly recommended by Coco Republic).
Claiming under this warranty
If a defect appears in Goods covered by this warranty during the relevant warranty period, the Customer must stop using the Goods immediately.
To make a claim under this warranty, the Customer must contact Coco Republic using the details set out in clause 20. Once the Customer's claim is received by Coco Republic, a representative of Coco Republic will help to determine, acting reasonably, whether the warranty claim is valid and, if it is, will inform the Customer how Coco Republic will honour it.
After the Customer lodges a warranty claim, Coco Republic may, before providing warranty service, require the Customer to provide proof of purchase details, to respond to questions designed to assist with determining potential defaults and to follow Coco Republic's procures for obtaining warranty service, which may include a physical or virtual inspection of the Goods. The Customer must respond to all requests promptly.
Subject to any Non-Excludable Rights that may apply to the Customer, Coco Republic will bear the reasonable delivery cost of any required returns under this clause, however if Coco Republic determines after receiving and inspecting the Goods that the the Customer does not have a valid warranty claim, the cost of return (and any re-delivery to the customer) will be charged to the Customer.
Subject to any Non-Excludable Rights that may apply to the Customer, if the Customer submits a valid claim under clause 14.5, Coco Republic will, at its option:
repair the Goods;
refund the cost of the Goods; or
replace the Goods with goods that are at least equivalent to the original Goods in function and quality. When Goods or a component of the Goods are replaced, any replacement item becomes the property of the Customer and the replaced item becomes the property of Coco Republic.
Separate or additional warranties
If a separate or additional manufacturer’s warranty applies to the Goods purchased by the Customer, Coco Republic will advise the Customer of its details and provide all further assistance and information that may be required to allow the Customer to claim under such warranty.
15. Claims and limitation of liability
The Australian Consumer Law provides Consumers with a number of Consumer Guarantees that cannot be excluded or limited. The limitations of liability set out in these Terms are therefore subject to, and will not apply to the extent that they limit or exclude such Consumer Guarantees.
Except only for those rights and remedies that the Customer has in respect of the Goods under the Australian Consumer Law which cannot be lawfully excluded, restricted or modified:
(a) Coco Republic excludes any liability for Consequential Loss;
(b) All conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to the Goods; and
(b) Coco Republic is not liable to the Customer for any Loss which the Customer suffers, incurs or is liable for in connection with supply of the Goods under the Contract except in accordance with this clause 15.
16. Force Majeure
In this clause 16, Force Majeure means an act of God, war, revolution or any other unlawful act against public order or authority, an industrial dispute including strike or other labour disturbances, a government order or restraint, pandemic and epidemic, a shortage or unavailability of raw materials, production capacity or transportation, and any other event not within the reasonable control of Coco Republic.
Where Force Majeure prevents or delays Coco Republic from performing any obligation under the Contract, the requirement to perform that obligation is suspended as long as the Force Majeure continues.
17. Your obligations when using the Coco Republic Website
17.1 Trade Marks and Copyright (a)
“Coco Republic”, “Coco Republic Furniture” and "Republic Furniture" are the trading names for Saveba Pty Ltd (ACN 002 728 985). All references to Coco Republic include a reference to all of its related entities, authorised licensees and agents.
“Coco Republic Trade Marks” means all trade marks (whether or not they are registered) and trading names belonging to Coco Republic.
Under Australian and international law, the material on our Website, including all pages, graphics and services, is subject to copyright. You must not:
(i) unlawfully use any of our copyright material;
(ii) pass off content from our site as your own - this includes the practice of 'framing' our site within another site as well as copying and re-using parts of the site or;
(iii) use the Coco Republic Trade Marks without our prior written consent.
17.2 Unacceptable content (a)
To ensure that using the Coco Republic websites is a pleasant experience for everyone, you are prohibited from posting or uploading any material on the website that:
(i) violates any laws or is false or misleading;
(ii) is threatening, abusive, defamatory, obscene or indecent;
(iii) infringes any third-party rights including copyright, trade marks or other intellectual property rights;
(iv) distributes viruses or any other technologies that may harm the Coco Republic websites, the interests or property of Coco Republic users;
(v) imposes an unreasonable load on our infrastructure or interferes with the proper working of the Websites;
(vi) copies, modifies, or distributes any other person's content without their consent;
(vii) uses any robot, spider, scraper or other automated means to access the Coco Republic websites and collect content for any purpose without our express written permission;
(viii) harvests or otherwise collects information about others, including email addresses, without their consent;
(ix) bypasses measures used to prevent or restrict access to the Websites.
Comments and content
Coco Republic invites you to engage in vibrant and lively discussions in our comments section(s). However, there are limits to acceptable communication and we require that discussion and comments posted by users on the Coco Republic websites are constructive and civilised. Coco Republic has the right (in its sole discretion) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Websites. If you find any content that is objectionable please contact the Coco Republic Privacy Officer, whose details are listed below.
User generated content
If you upload content, you agree to
(i) include attributions including the author and source where required by law to do so, and confirm that you have obtained the necessary rights to use the material in the way in which it is being used;
(ii) indemnify us against all liability claims or proceedings whatsoever arising from the publication of such Content in relation to defamation, breach of copyright, infringement of trade marks or names of publication titles, unfair competition, trade practices, royalties, violation of rights or privacy;
(iii) warrant that the Content complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities to us, our business partners and in particular that nothing included in relation to content posted on the Coco Republic websites is capable of a breach of the Australian Consumer Law.
(iv) If you post materials to or links from the Websites that infringe any third party rights, you will indemnify Coco Republic against any loss, liability, damage, cost (including Coco Republic’s reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Websites.
You agree to assign copyright in all original content that you post on the Websites to Coco Republic and its partners, and agree to formally record such assignments when required. Coco Republic and its partners retain the copyright on all content, design and artwork produced for the Websites.
If you upload photographs, audio or video recordings of yourself, you consent to give Coco Republic and our partners the right to use these photographs and recordings in the production of the Websites. You will further allow Coco Republic and our partners the right to use or reproduce your likeness in whole or in part for publicity or broadcast purposes as they reasonably see fit.
You acknowledge and agree that:
Neither Coco Republic nor its partners, representatives and associated agents are liable to you or any third party for any loss in connection with the use of the Websites. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers;
You use the Websites at your own risk;
Neither Coco Republic nor its related companies represent or warrant:
(i) that your use of the Coco Republic websites will meet your requirements;
(ii) that your use will be uninterrupted, timely, secure or free from error;
(iii) the accuracy of any information obtained by you as a result of your use of the Coco Republic websites, and
(iv) that defects in the operation or functionality of any part of the Coco Republic websites will be corrected.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
Subject to these Terms and any Non-Excludable Rights, Coco Republic excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.
Third party websites
Our websites may link to third party websites which are not owned or operated by Coco Republic. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites own terms and conditions.
Contacting our Privacy Officer
24-32 O'Riordan Street
Alexandria NSW 2015
Phone: 1300 000 220
The Contract is governed by and construed in accordance with the laws of the State of New South Wales, Australia. Coco Republic and the Customer submit to the non-exclusive jurisdiction of the courts of that State and courts entitled to hear appeals from those courts.
In these Terms, the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions do not limit what else is included and must be construed as if they are followed by the words 'without limitation' unless there is express wording to the contrary.
If a provision in these Terms is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Terms for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision of any other provision of these Terms.
The Customer and Coco Republic are not and are not taken to be in a partnership, joint venture, employment or fiduciary relationship. Nothing in this agreement gives a party authority to bind the other party in any way.
Last Updated on 1 July 2023.
For order placed before 1 July 2023, please see Terms and Conditions here.