Trade Member Purchase Terms & Conditions

These Trade Member Purchase Terms and Conditions (Terms) apply where Saveba Pty Ltd (ACN 002 728 985) trading as Coco Republic (Coco Republic) supplies Goods to a Trade Member under the Coco Republic Trade Program.

These Terms will apply to and govern your purchases of the Goods from us, in your capacity as a Trade Member, together with the Program Terms. Please read these terms carefully before ordering any Goods from us.

If you are a retail customer, these Terms DO NOT apply to your purchase. Your relationship with Coco Republic is governed by the Customer Terms and Conditions available at https://www.cocorepublic.com.au/terms-and-conditions/

1.Definitions

In these Terms:

(a)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;

(b)Coco Republic Warehouse means the Coco Republic warehouse from which Goods may be collected by the Trade Member, if applicable, as specified under the relevant Order;

(c)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;

(d)Consumer has the meaning given to it in section 3 of the Australian Consumer Law;

(e)Consumer Guarantee means any right or statutory guarantee under Division 1 of Part 3-2 of the Australian Consumer Law;

(f)Contract means the contract of purchase of Goods between the Trade Member and Coco Republic which comprises these Terms and all Orders for Goods placed by the Trade Member and accepted by Coco Republic;

(g)Collected Order has the meaning given in clause 3.1;

(h)Defective Goods means Goods that are defective in design, performance or workmanship;

(i)Delivered Order has the meaning given in clause 3.1;

(j)Dispatch Date has the meaning given in clause 3.2(a);

(k)Goods means goods supplied by Coco Republic to the Trade Member;

(l)GST Act means A New Tax System (Goods and Services Tax) Act 1999;

(m)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;

(n)Non-Excludable Rights means any statutory rights conferred on the Trade Member which Coco Republic is not capable of excluding, restricting or modifying, including Consumer Guarantees conferred on the Trade Member under the Australian Consumer Law;

(o)Order has the meaning given in clause 3.1;

(p)Price has the meaning given in clause 5(a);

(q)Program Terms means the terms and conditions set out in the Trade Member Program;

(r)Ready Date has the meaning given in clause 3.2(a);

(s)Serviceable Area means the specified locations to which Coco Republic ordinarily offers delivery for Goods;

(t)Store Credit has the meaning given in clause 12;

(u)Trade Member means an interior designer, architect, decorator, property stylist, builder, developer or other business approved by Coco Republic to participate in the Trade Member Program;

(v)Trade Member Program means the program available at https://www.cocorepublic.com.au/trade/

(w)Terms means these sale terms and conditions; and

(x)Website means https://www.cocorepublic.com.au.

2.Agreement

2.1Subject to any Non-Excludable Rights, Coco Republic and the Trade Member acknowledge and agree that these Terms and the Program Terms apply together. Broadly, these Terms govern the purchase and supply of Goods by Coco Republic to the Trade Member, including matter relating to Orders, pricing, payment, delivery, collection, title, risk and warranties. The Program Terms govern participation in the Program, Trade Member Accounts, Program benefits, discounts, rebates and related matters. If there is any inconsistency between these Terms and the Program Terms, these Terms prevail to the extent the inconsistency relates to the purchase or supply of Goods, and the Program Terms prevail to the extent the inconsistency relates to the participation in the Program or Program benefits.

2.2Except as expressly provided, prior discussions, representations, understandings and arrangements and agreements are excluded and have no effect.

2.3By placing an Order, the Trade Member agrees that the Order is subject to these Terms and the Program Terms. A Contract for the supply of Goods is formed when Coco Republic accepts the Order. The Trade Member 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 Contract is formed between the Trade Member and Coco Republic.

2.4For the avoidance of doubt, once these Terms are accepted by the Trade Member, the Trade Member 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 This clause applies despite any trade discount that Coco Republic has agreed to provide the Trade Member.

2.5Coco Republic may update these Terms from time to time and the altered terms shall apply to Orders placed by the Trade Member after such notification and will supersede all previous terms and conditions imposed by Coco Republic regarding such orders. It is the Member's responsibility to check the applicable terms on the Website before placing an Order.

3.Order and delivery

3.1Orders

(a)The Trade Member may place an order for Goods with Coco Republic as set out in the Program Terms.

(b)Each Order placed by the Trade Member will constitute an offer by the Trade Member to acquire the Goods from Coco Republic on and subject to these Terms and the Program Terms and, will form part of the Contract if accepted by Coco Republic.

(c)Coco Republic reserves the right to accept or reject any Order, or any part of an Order, placed by the Trade Member at its sole discretion, including rejecting a Delivered Order where the required delivery location is outside of Coco Republic's Serviceable Area.

(d)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.  

(e)It is the Trade Member's responsibility to ensure that the Trade Member's information included in the Order (including the Trade Member's name, contact number and email address) is correct and to notify Coco Republic of any changes to such information.

(f)Where the Trade Member'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.

3.2Delivery and Collection

(a)Coco Republic will contact the Trade Member 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 Trade Member communicates to Coco Republic.

(b)The Trade Member 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 Trade Member at the time of placing an Order, and that the Trade Member will be bound by its obligations under these Terms (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.

(c)Coco Republic will use all commercially reasonable 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.

(d)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.

3.3Delivered Orders

In relation to Delivered Orders accepted by Coco Republic:

(a)The Trade Member 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.

(b)The Trade Member must:

(i)ensure that the correct delivery address is provided;

(ii)inform Coco Republic of any issues, difficulties or specific requirements associated with the delivery of the 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 deliver Goods via fire stairs or balcony lifts.

(c)Coco Republic may accept or reject any request from the Trade Member to update the delivery address, and will notify the Trade Member of the updated delivery fee if such request is accepted.

(d)The Trade Member 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.

(e)Delivery will only be made to a person authorised by the Trade Member to accept delivery. Any person who accepts delivery of the Goods at the delivery address must be 18 years or over and able to accept delivery on the Trade Member’s behalf.

(f)The Trade Member acknowledges and agrees that, subject to any Non-Excludable Rights, if Coco Republic is unable to deliver the Goods due to the Trade Member's failure to comply with clause 3.3(b):

(i)Where possible, Coco Republic will leave the Goods at the Trade Member's premises (Drop Off) and:

(A)the Trade Member releases Coco Republic from any liability arising from the Drop Off; and

(B)the Trade Member 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 Trade Member 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.

(g)The Trade Member 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).

3.4Collected Order

(a)The Trade Member must collect the Goods the subject of a Collected Order on the Dispatch Date.

(b)In placing a Collected Order, the Trade Member acknowledges and agrees that:

(i)it is the Trade Member'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 Trade Member's vehicle, Coco Republic is under no obligation to assist the Trade Member to load or secure the Goods;

(iii)the Trade Member 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 Trade Member has had the opportunity to inspect the Goods upon collection and raise any obvious defects with Coco Republic at that time.

3.5Collection by Carrier

(a)Where the Trade Member has arranged for a Carrier to collect the Goods, the Trade Member:

(i)must arrange for the Carrier to collect the Goods on the Dispatch Date;

(ii)acknowledges and agrees that:

(A)it is the Trade Member's responsibility to pay all associated charges and insurances direct to the Trade Member's Carrier;

(B)the Trade Member 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 near the 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 Trade Member 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 Trade Member has had the opportunity to inspect the Goods upon collection and raise any obvious defects with Coco Republic at that time.

3.6Changes to Dispatch Date

(a)The Trade Member may not change or cancel the Dispatch Date without Coco Republic's prior written consent.

(b)If Coco Republic consents to a change or cancellation of the Dispatch Date, but the Trade Member requested the change or cancellation less than two Business Days before the Dispatch Date, the Trade Member 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.

3.7Failure to accept delivery or collection of the Goods

(a)If the Trade Member does not collect or accept delivery of the Goods within 7 business days from the Ready Date, and provided that Coco Republic has since attempted to contact the Trade Member using the Trade Member'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 Trade Member must contact Coco Republic to arrange for a time for collection or re-delivery (noting that this may create delays for the Trade Member 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 Trade Member'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 Trade Member 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 Trade Member's Order will not be made available for collection or redelivered until any storage fees are paid prior to final delivery.

(b)If the Trade Member 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 Trade Member's Goods in any manner that Coco Republic deems appropriate, provided that Coco Republic:

(i)has first attempted to contact the Trade Member using the Trade Member's nominated contact details during the Relevant Period to arrange collection or delivery; and

(ii)has not caused the Trade Member to be unable to collect or accept delivery of the purchased Goods.

(c)If, in accordance with clause 3.7(b), Coco Republic returns the Goods to stock or otherwise sells the Goods, Coco Republic will issue a Store Credit to the Trade Member for the following amounts:

(i)where the Goods are stocked (non-customised) items, the amount paid by the Trade Member 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 Trade Member's preferences, the amount paid by the Trade Member 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.

3.8Coco Republic's liability

Subject to any Non-Excludable Rights:

(a)if for any reason Coco Republic is unable to fulfil a Trade Member's Order or deliver the Goods to the Trade Member by the estimated delivery date or the Dispatch Date or at all (in the case of a Delivered Order), the Trade Member 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;

(b)in all other cases, Coco Republic will not be liable for any Loss incurred by the Trade Member where Goods (or any of them) are not made available for the collection or delivered by the estimated delivery date, the Dispatch Date or at all.

4.Title and risk

4.1Risk in the Goods passes to the Trade Member when the Goods are loaded at the Coco Republic Warehouse for delivery to address stipulated by the Trade Member, or collection by, the Trade Member (or the Carrier, where applicable).

4.2Title to the Goods passes to the Trade Member on payment in full of the Price for the Goods, and all other amounts payable by the Trade Member to Coco Republic on any account whatsoever.

5.Pricing and payment

(a)The price for the Goods will be as set out on the Website or otherwise quoted by Coco Republic to the Trade Member (Price).

(b)All prices quoted or listed on the Website are in Australian dollars and include all applicable taxes, including GST, unless otherwise specified.

(c)The prices listed on the Website are subject to change from time to time without notice. It is the Trade Member's responsibility to check Coco Republic's prices on the Website prior to placing an Order.

(d)The Price for Goods ordered is fixed from the time that the Trade Member's Order is accepted by Coco Republic. Any subsequent price fluctuations will not be retroactively applied to confirmed Orders. 

(e)Except as otherwise stipulated in respect of a promotion, or as otherwise agreed between Coco Republic and the Trade Member, the Trade Member 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 Trade Member (Deposit); and

(ii)the balance of the total Price of the Goods purchased by the Trade Member within 10 Business Days after the Ready Date, but no later than 1 Business Day before the Dispatch Date (Balance Payment Date).

(f)The Trade Member 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 Trade Member has paid the Price in full.

(g)If the Trade Member 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 Trade Member shall forfeit the Deposit.

(h)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 Trade Member for the amount of the Deposit paid by the Trade Member 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 discontinued stock) or have been customised to the Trade Member's preferences, the Deposit will be forfeited in full.

6.Cancellation

Subject to any Non-Excludable Rights:

6.1Coco Republic may cancel an Order after it has been accepted where it is reasonably required to do so in response to a supply shortage;

6.2The Trade Member 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;

6.3Coco 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 Trade Member's preference or are otherwise non-stock or bespoke products.

6.4If Coco Republic consents to an Order cancellation, the Trade Member acknowledges and agrees that if the Order contains Goods which are stocked (non-customised) items, the Trade Member 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 refunds

Subject to any Non-Excludable 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 Trade Member for any change of mind or an error in ordering the Goods, except in accordance with clause 6 (if applicable).

8.Defects

8.1Subject to Australian Consumer Law

(a)The Australian Consumer Law provides Trade Members 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.

(b)The following specific mandatory text applies to Trade Members:

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Where the Trade Member is deemed a Consumer under the ACL, 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.

8.2Defective Goods

(a)The Trade Member 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 Trade Member must immediately stop using the Goods.

(b)Coco Republic will not be liable for any Defective Goods unless the Trade Member notifies Coco Republic with full details and a description within the period from the time of collection or delivery (as appliable) within which it would be reasonable to expect the relevant defect to be identified or become apparent (Defect Notice), otherwise the Trade Member is deemed to have accepted the Goods.

8.3Process for making a defect claim

(a)All Defect Notices are to be given to the Coco Republic Concierge Care Team by calling 1300 000 220 or by email via productsupport@cocorepublic.com.au.

(b)Coco Republic will, upon receipt of a Defect Notice, contact the Trade Member to help determine, acting reasonably, whether the Goods are Defective Goods and, if they are, will inform the Trade Member how Coco Republic will remedy the relevant defect. Coco Republic may, at its discretion, request further information or assistance from the Trade Member for the purposes of making this determination, including arranging for a virtual and/or physical inspection of the Goods, and the Trade Member must promptly comply with all such requests.

(c)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 Trade Member) will be charged to the Trade Member.

(d)A Defective Goods claim may become void if the goods are relocated outside of Coco Republic's Serviceable Area.

8.4Remedy for Defective Goods

If Coco Republic determines, acting reasonably, that the Goods are Defective Goods, Coco Republic will, in its sole discretion, provide the Trade Member 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 Trade Member and the replaced item becomes the property of Coco Republic.

9.Material Variation

9.1Coco Republic uses natural materials in the production of Goods available for purchase by the Trade Member 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 Trade Member 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 or, weather;

(c)mark or stain if exposed to certain substances; and

(d)be damaged or disfigured by impact or scratching.

9.2Subject to clauses 8 and 13 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.

9.3Any 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 Trade Member to confirm the accuracy and reliability of the same in light of the use to which the Trade Member makes or intends to make of the Goods.

10.Floor Stock

The Trade Member 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 Trade Member 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)

11.1Words or expressions used in this clause that are defined in the GST Act have the same meaning given to them in that Act.

11.2Unless 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.

11.3Each 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.

11.4If 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.Store credit

12.1The terms and conditions set out in this clause 12 apply where Coco Republic issues a Trade Member with store credit, which the Trade Member may use to purchase or make payment to Coco Republic for Goods (Store Credit).

12.2Using 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 Trade Member's Store Credit exceeds the total amount of the Trade Member's Order, the remaining balance of the Store Credit will be automatically updated.

(c)If a Trade Member's Order exceeds the value of the Store Credit, the Trade Member must pay the remaining balance of the Order by an alternative form of payment.

(d)A Trade Member cannot exchange Store Credit or any part of it for cash.

12.3Cancellation 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.

13.Warranties

13.1Mandatory wording

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Where a Trade Member is deemed a Consumer under the ACL, 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.

13.2Definitions

In this clause 13:

(a)Case Goods means non-upholstered hard surfaced furniture acquired by the Trade Member.

(b)Commercial Use Furniture means Goods acquired by the Trade Member for a business or commercial use, where the sales document provided to the Trade Member states that a Commercial Use Furniture Warranty applies;

(c)Ex-Rental Stock means Goods which are second-hand, used or ex-rental, where the sales document provided to the Trade Member states that an Ex-Rental Stock Warranty applies;

(d)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, paint or bodily fluids, moisture of any kind, improper cleaning techniques or placing Goods outside in close proximity to heat or in direct sunlight;

(e)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 Trade Member states that a Factory Stock Warranty applies;

(f)Furniture means Goods described as furniture acquired by the Trade Member, but excluding any Outdoor Furniture, Upholstered Furniture or Commercial Use Furniture;

(g)Lighting & Homewares means Goods described as lighting or homewares acquired by the Trade Member, but excluding any light globes;

(h)Outdoor Furniture means Goods described as outdoor furniture acquired by the Trade Member;

(i)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

(j)Upholstered Furniture means Goods described as upholstered furniture acquired by the Trade Member.

13.3Limited warranty

In addition to any rights the Trade Member may have under this agreement and the Australian Consumer Law, and subject to the exclusions set out in clause 13.4, Coco Republic provides the following limited warranties:

(a)a Structural Warranty for Upholstered Furniture Frames- Sofas, Occasional Chairs, and Ottomans for Lifetime of the furniture (or 1 year for Furniture Ex-Rental Stock or Furniture Factory Second Stock);

(b)a Structural Warranty for Outdoor Furniture for 5 years (or 1 year for Outdoor Furniture Ex-Rental Stock or Outdoor Furniture Factory Second Stock);

(c)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)

(d)a Structural Warranty for Lighting & Homewares for 5 years (including for Lighting & Homewares Ex-Rental Stock or Lighting & Homewares Factory Second Stock);

(e)a Warranty for Upholstered Furniture for 5 years (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;

(f)a Warranty for Case Goods for 5 years (or 1 year for Ex-Rental Stock and Factory Second Stock).

13.4Exclusions

Subject to any Non-Excludable Rights that may apply to the Trade Member, the warranties listed in clause 13.3 do not apply in relation to:

(a)Goods that are located outside of Coco Republic's Serviceable Area (apart from any Goods that Coco Republic agreed to deliver to a Trade Member outside of the Serviceable Area under clause 3.3(g)), provided those Goods remain located at the original delivery location);

(b)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;

(c)defects or damage resulting from the Trade Member'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;

(d)the fabric or leather coverings of Goods, or Goods made up of cane or wicker, unless the sale document provided to the Trade Member expressly states that a warranty will apply;

(e)any failure by the Trade Member to follow the Coco Republic Care Instructions (located here) or manufacturer’s instructions or specifications;

(f)any damage caused by a transport carrier engaged by the Trade Member directly (except where pre-approved or expressly recommended by Coco Republic);

(g)any Extreme Use; or

(h)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).

13.5Claiming under this warranty

(a)If a defect appears in Goods covered by this warranty during the relevant warranty period, the Trade Member must stop using the Goods immediately.

(b)To make a claim under this warranty, the Trade Member must contact Coco Republic using the details set out in clause 19. Once the Trade Member'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 Trade Member how Coco Republic will honour it.

(c)After the Trade Member lodges a warranty claim, Coco Republic may, before providing warranty service, require the Trade Member to provide proof of purchase details, to respond to questions designed to assist with determining potential defaults and to follow Coco Republic's procedure for obtaining warranty service, which may include a physical or virtual inspection of the Goods. The Trade Member must respond to all requests promptly.

(d)Subject to any Non-Excludable Rights that may apply to the Trade Member, 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 Trade Member does not have a valid warranty claim, the cost of return (and any re-delivery to the Trade Member) will be charged to the Trade Member.

13.6Remedies

Subject to any Non-Excludable Rights that may apply to the Trade Member, if the Trade Member submits a valid claim under clause 13.5, Coco Republic will, at its option:

(a)repair the Goods;

(b)refund the cost of the Goods; or

(c)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 Trade Member and the replaced item becomes the property of Coco Republic.

13.7Separate or additional warranties

If a separate or additional manufacturer’s warranty applies to the Goods purchased by the Trade Member, Coco Republic will advise the Trade Member of its details and provide all further assistance and information that may be required to allow the Trade Member to claim under such warranty.

14.Claims and limitation of liability

14.1The 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.

14.2Except only for those rights and remedies that the Trade Member 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

(c)Coco Republic is not liable to the Trade Member for any Loss which the Trade Member suffers, incurs or is liable for in connection with supply of the Goods under the Contract except in accordance with this clause 14.

15.Force Majeure

15.1In this clause 15, 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.

15.2Where 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.

16.Your obligations when using the Coco Republic Website

16.1Trade Marks and Copyright

(a)“Coco Republic”, “Coco Republic Furniture” and "Republic Furniture" are the trading names for Saveba Pty Ltd. All references to Coco Republic include a reference to all of its related entities, authorised licensees and agents.

(b)“Coco Republic Trade Marks” means all trade marks (whether or not they are registered) and trading names belonging to Coco Republic.

(c)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.

16.2Unacceptable 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; and

(ix)bypasses measures used to prevent or restrict access to the Websites.

16.3Disclaimers

You acknowledge and agree that:

(a)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;

(b)You use the Websites at your own risk;

(c)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.

(d)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.

(e)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.

16.4Third 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.

17.Privacy

In order for you to receive the full benefit of our Goods, we will need to collect and use your personal information. Our policy regarding the collection, handling and use of personal information is set out in our Privacy Policy which you accept by using the Websites. To read our privacy policy https://www.cocorepublic.com.au/privacy-policy/

Contacting our Privacy Officer:
Privacy Officer
Coco Republic
24-32 O'Riordan Street
Alexandria NSW 2015
Phone: 1300 000 220
Email: privacyofficer@cocorepublic.com.au

18.General

18.1The Contract is governed by and construed in accordance with the laws of the State of New South Wales, Australia. Coco Republic and the Trade Member submit to the non-exclusive jurisdiction of the courts of that State and courts entitled to hear appeals from those courts.

18.2In 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.

18.3If 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.

18.4The Trade Member 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.

19.Enquiries

For all enquiries related to your order, including delivery, warranty or product support matters, please contact the concierge team as per below:

Coco Republic Concierge:
Phone: 1300 000 220
Email: concierge@cocorepublic.com.au
Post: 24-32 O'Riordan Street, Alexandria NSW 2015

Version Date: 22 September 2026