These terms and conditions govern your use of the Cotton & Co (we/us/our) website (“our Website”) and set out our privacy policy in relation to personal information which we collect from you ( you/your). These terms and conditions form an agreement between us. By visiting and/or using our Website and associated services, you agree to be bound by these terms and conditions. We may change these terms and conditions at any time without notice. Any change will be effective immediately. Your use of our Website after any change constitutes an agreement by you to comply with and be bound by the amended terms and conditions. Therefore, you should read these terms and conditions from time to time for changes.

Your Obligations

1. You must not interfere or attempt to interfere with our Website using any software program, routine or other activity.
2. You must not user block, obscure, overwrite or modify any content on our Website.
3. You must not copy, reproduce, modify, re-publish, upload to a third party, transmit, post or distribute the contents of our Website electronically or otherwise without our express authorisation. However, strictly on the condition that you keep all content intact and in the same form as presented on our Website, you may, using an industry-standard web browser, download and view the content for personal, non-commercial use only. Our Website must not be used in any unlawful manner or purpose or in any manner which violates the rights of any person or which is prohibited by these terms and conditions.
4. In addition, you must not, in connection with our Website, submit any content or information to us that may contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts or adversely affects the intended function of our Website including, viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming/software routines that may damage, modify, delete, interfere with, intercept or access any system, data or personal information without authority.

Our Website

1. We will endeavour to provide you with access to our Website 24 hours a day, 7 days a week, except for upgrades and maintenance times. However, we do not warrant that access to our Website or that the functions contained in any content or any public interface or user access to our Website will be uninterrupted or error-free, that any defects will be corrected or that our Website or the server which stores and transmits content to you are free of viruses or other harmful components. We do not guarantee continuous, uninterrupted or secure access to our services and operation of our Website may be interfered with by numerous factors outside our control.
2. The information contained on our Website is provided by us in good favour on an “as is” basis. However, we make no representation or warranty as to the reliability, accuracy or completeness of the information contained on our Website.
3. To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in connection with our Website and our Goods are expressly excluded.
4. In no event will we, including our agents, employees or contractors, be liable for any indirect or consequential loss or damages including without limit, loss of profits, loss of revenue, loss of business, loss of production, loss of data, loss of opportunity or goodwill, corruption of data or software, equipment failure or damage, security breach, network intrusion, network downtime or business interruption however caused in connection with our Website. 

Intellectual Property

1. We own all intellectual property rights in the content of our Website to the extent that such content has been prepared and posted to our Website by us, including without limitation, the copyright in all photographs of our Goods displayed on our Website and the copyright in the catalogues which are displayed on our Website. We also own the copyright and the source code and object code in the software supporting and operating our Website.
2. You are provided with access to our Website only for your personal and non-commercial use unless you are one of our registered member retailers who have completed and supplied to us an application form which has been accepted by us.  Other than for this permitted purpose, you may not in any form or by any means: (a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of our Website; or (b) commercialise any information or goods obtained from any part of our Website without our written permission.
3. You must not copy, reverse engineer, decompile or otherwise reproduce any part of our intellectual property by any means or in any form without our prior written consent.
4. Except as expressly permitted by these terms & conditions or by us in writing, you may not use or copy any trademark, tradename, servicemark, logo, symbol or other intellectual property rights owned by us without our prior written approval.
5. Nothing in these terms & conditions grants you any title, right or interest in our intellectual property.
6. If you are one of our registered retailer members and wish to use our Cotton & Co stock images on your Website, please email sales@cottonandco.com.au
7. If you are one of our registered retailer members and wish to use our catalogues in connection with your retail operations, please email sales@cottonandco.com.au
8. We take no responsibility for informing retail customers regarding availability of stock, price changes or deletions from the Cotton & Co range of Goods. 

General

1. These terms & conditions are incorporated by implication into all contracts between us and you and also in connection with your use of our Website.
2. If any part of these terms & conditions is held to be void or unlawful, these terms & conditions will be read and enforced as if the void or unlawful provision has been deleted.
3. If we sell our business and/or our intellectual property rights relating to our Website, you agree that we may transfer to the buyer your personal information.

Privacy & Personal Information

1. You may ask us to provide you with access to the personal information that we hold about you, unless there is an exception which applies under the Privacy Act. We will deal with any request from you to obtain access to your personal information within a reasonable time. If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal.
2. If you wish to gain access to your personal information or if you have any questions about how your personal information is collected or used, please contact us. Phone: +61 7 5451 1889; or email: hello@cottonandco.com.au
3. You may ask us to remove your personal information from our database by notice in writing to the contact details referred to above.
4. We will, in general, collect your personal information directly from you. For example, we may collect your personal information when you deal with us over the telephone, send us correspondence (including letters, faxes and emails) or when you register to become a registered retailer member. Generally, the type of personal information that we collect includes your name, mailing address, telephone number/s and email address and date of birth and other information as set out in our credit application form.
5. We use your personal information for the following purposes: (a) in order to process payments; and (b) the sale of our Goods; and (c) internal management purposes; and (d) marketing and promotional purposes.
6. You consent to us communicating with you (including by email) for the above purposes and in relation to sale of our Goods, registered retailer member account information, orders you place for our Goods and other information in connection with our Goods (eg: new ranges of goods and catalogues). We do not disclose your personal information we collect to third parties for the purpose of allowing them to direct market their products and services.
7. In addition to the above, our web server may log details about any computer used by you to access our Website. In addition, our Website may store cookies on the web browser of your computer in order to better serve you upon your subsequent visits to our Website.
8. We protect your personal information from unauthorised access, modification and disclosure. We store your personal information either in hard copy form or as electronic data in our IT systems. We maintain physical security over our hard copy and electronic data, such as locks and security systems. We also maintain computer and network security, for example, by using firewalls and other security systems such as user identifiers and passwords to control access to our computer system.

Definitions

Retailer Terms and Conditions

Supply of Goods

1. All supplies of Goods by us are subject to our Terms & Conditions of Sale which all retail customers need to sign and agree to on commencement of business with us. If you would like a copy of these Terms and Conditions please email sales@cottonandco.com.au. To the extent of any inconsistency our Terms & Conditions of Sale prevail.
2. All wholesale prices shown on our website are exclusive of GST and retail prices are inclusive of GST.
3. All prices are AUD.
4. Prices are current at time of initial display, but are subject to change without notice.
5. Where we show prices for our Goods on our Website as “RRP” it means recommended retail price. All prices shown as “RRP” are a recommended price only and there is no obligation to comply with the recommendation.

Retailer Registration

1. In order to access our “Retail Login” webpage, you must have first completed, to our satisfaction, our wholesale application form.
2. Upon acceptance of your credit application form, we will, in our discretion, provide you with a login username and password.
3. You must not disclose your password to anyone else. We will not be liable for any loss which you might suffer because you have disclosed your password to anyone else or if anyone else accesses your retailer account. You are responsible for maintaining control of your account and what occurs on your account.
4. You must not impersonate any other person or registered retailer member. It is your responsibility to email us immediately if you suspect or believe that there has been any unauthorised use of your member account or if someone else knows your password.
5. Your access to our Retail Login webpage is a privilege, not an entitlement and we may change our Goods and suspend, terminate or restrict your access if we believe that this is reasonably justified having regard to these terms & conditions and our Terms & Conditions of Sale, including because:
   (a) we are unable to verify or authenticate any information you provide to us;
   (b) we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our other registered retailer members, third parties or us;
   (c) you have, or we believe that you have breached these terms & conditions or our Terms & Conditions of Sale.
6. If that occurs, you may not be able to access our Website or purchase our Goods temporarily or permanently and you may be prohibited from applying for a new retailer member registration.

Your registration as a retailer member is not transferrable.

Consumer Terms and Conditions

Order and Payment

1. Each order placed by you via our Website is an offer to purchase the product(s) selected by you in your Website shopping cart for the price (including delivery and other charges and taxes) specified on our Website at the time you place your order.
2. Payment can be made by Credit card, or bank transfer only. If paying by Credit Card, we accept Visa and Mastercard and you warrant that you are an authorised user of the credit card or PayPal account used to complete payment.
3. For retail purchases, transaction fees charged by Visa and Mastercard are paid for by us, Cotton & Co. For wholesale orders, the 1.9% transaction fee will be added to your payment.
4. All orders placed through our Website will be confirmed by us by email. We reserve the right to reject your offer for any reason including, without limitation, the unavailability of any product, or an error in price or in your order, and to refund any payment made by you, at any time prior to dispatch.
5. We reserve the right to limit the quantity of products we agree to sell to you, in our absolute discretion. It is an essential term of this agreement that you do not resell our products to a third party. Customers wishing to be a stockist of Cotton & Co products should contact us directly for more information on how to become a Cotton & Co reseller.
6. Orders must be paid in full at the time of placing your order via our Website. All prices listed on our Website are in Australian Dollars (AUD) and must be paid in AUD. If you are ordering from outside Australia the charge to your card will be in AUD and your bank or credit card provider will determine the current exchange rate when you complete the transaction. We take no responsibility for the final amount charged to your credit card or PayPal account, including any bank fees charged. Contact your bank or credit card provider for details.

Prices

1. Prices displayed on the Website are inclusive of GST applied at the rate of 10%. 
2. Prices are current at the time of display on our Website, but may change at any time and all orders are subject to availability of products in stock.

Order Delays

If Products ordered are temporarily unavailable you will be contacted and advised of the delay. You may choose to have the Products placed on back order and delivered as soon as they are back in stock or alternatively choose to have a refund processed on your credit card.

Australia-wide Delivery

1. We offer FREE shipping Australia wide on all retail purchases over $99. A small shipping and handling fee is added to all wholesale orders, and we reserve the right to change this pricing without notice.
2. We know you’re eager to receive your purchase and our aim is to dispatch orders within 24 hours of receiving your order. All orders will be dispatched no later than 2 business days after you place your order.
3. All deliveries are sent via Australia Post using their e-parcel service. Australia Post next day deliveries are sent using their Express post service.* All orders can be tracked on line and need to be signed for at time of delivery.
4. For Express post orders, please keep in mind our maximum 2 day dispatch timeframe on all orders.
   *Deliveries by Australia Post next business day delivery are to most addresses within the Australia Post delivery network, however, are not guaranteed. For more information on delivery times outside of this network you can check online at http://auspost.com.au/personal/next-business-day-delivery-networks.html.
5. Please make sure someone is at the address provided during business hours to receive delivery. If there is no one at the address Australia Post will leave a collection card and your parcel will need to be collected from your local post office.

Order Confirmation and Tracking

1. After ordering online, you will receive an email confirmation containing your order details. A confirmation email will also be sent with a tracking number when your order is dispatched. Deliveries can be tracked online at http://auspost.com.au/track/for all deliveries.
2. Products will be sent to your address nominated by you as part of the check-out process on our Website. You are responsible for ensuring that your nominated address details are correct.
3. Deliveries may be totally or partially suspended during any period in which we or our carriers may be prevented or hindered from delivering by any circumstances outside of our reasonable control, including but not limited to strikes, lock-outs, stock shortages, accidents, breakdowns of plant or machinery, storms, adverse weather, pandemics or epidemics, acts of public authorities, floods and other acts of God.
4. The risk in Products purchased from us will pass to you upon dispatch to our nominated carriers. This means that you are responsible for insuring the products which you purchase from us during transit, if you so wish.

Minor discrepancies in Products

You acknowledge that:

1. our Products are manufactured overseas and the majority of them are manufactured by hand; and

2. as such, there may be minor discrepancies between:

   (a) the visual appearance of our Products as shown on our Website, our other promotional materials and as delivered to you; and
   (b) individual units comprising the same Product;(c) the size of our Products as ordered and the size of the Products as delivered (in particular ring sizes);
3. certain Products comprise components which are particularly delicate such as clasps and earring hooks and posts;
4. our Products require special care and storage in accordance with our Care Instructions published on our Website;
5. we do not re-size our rings and re-sizing is not recommended on electroformed rings or products containing set stones; and
6. all such minor discrepancies are not defects and you release us from all liability in relation to any such minor discrepancies and you further agree that you will make no claims against us in respect of any such minor discrepancies.

30 day money-back guarantee

1. If for any reason you are not completely satisfied with your product, we will refund the purchase price. This applies to all items excluding earrings for pierced ears.
2. Our 30 day money-back guarantee is only valid if we receive the product within 30 days of the purchase date and subject to the following:
   (a) Quote your order or invoice number in our order confirmation email as proof of purchase.
   (b) Post or courier your return back to Cotton & Co head office, to Cotton & Co, PO Box 262, Maroochydore QLD Australia 4558 in original packaging to avoid damage in transit.
3. Our 30 day money-back guarantee does not apply to Products which have been worn or used, damaged in transit or after delivery, or if any attempt has been made to alter the Product. All Products must be returned in their original condition. Cotton & Co will not be responsible for parcels lost or damaged in transit if you choose not to insure.
4. Refunds will be processed as soon as the Product is received by us, however, please allow up to 14 days of receipt of the goods for the credit to appear on your account.
5. All postage and insurance costs are to be paid by the buyer for change of mind purchases. For defective Products, we will provide you with instructions to post back the item free of charge when you contact us for your return authorisation number.
6. Refunds will be made through the same transaction method used to make the original purchase.
7. Please note we only accept returns for our jewellery products purchased via our Website. We do not accept returns or exchanges for products sold by one of our stockists.

12 Month Warranty against Defects

1. At Cotton & Co, we stand by the quality of our jewellery Products and offer a 12 month warranty on all of our jewellery Products.
2. We warrant that our jewellery Products will be free from defects in materials and workmanship for a period of 12 months from the date of original purchase of the Product.
3. Our 12 month warranty does not cover:
   (a) minor discrepancies which are not considered defects;
   (b) damage to Products caused by accident, misuse and failure to care and store the Products in accordance with our Care Instructions as listed on our Website and damage caused by abrasion, scratching or caused by coming into contact with other objects and materials, this includes plating wear on all products where plating is used;
   (c) fair wear and tear;
   (d) unauthorised repair or alteration to the Product;
   (e) damage in transit.
4. If a Product is defective, then we will, at our option, repair, replace or supply an equivalent Product or refund to you the purchase price of the Product
5. Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for 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.
6. To claim on this 12 month warranty, you must, within 12 months from the date of original purchase of the Product:
   (a) contact us at:
   Customer Service: Cotton & Co
   Suite 5, Level 4, 26 Duporth Avenue, Maroochydore Qld 4558
   T: +61 7 5451 1889
   E: hello@cottonandco.com.au
   and obtain a return authorisation number; and
   (b) post or courier the defective Product to the address above, clearly stating your Return Authorisation Number in original packaging or rigid box (to prevent further damage in transit) and including your original or legible copy of your purchase invoice showing the date of original purchase.
7. When you contact us for your return authorisation number, we will provide you with instructions to post or courier the Product back free of charge.
8. We will be responsible for the cost of delivering your repaired or replacement Product to you. Delivery will be effected in the same manner as stated in these terms and conditions.
9. This warranty is in addition to and does not exclude or modify in any way any non-excludable statutory rights you may have including rights under the ACL.
10. The details of the business giving this 12 month warranty are as set out above.

Promotional Codes

From time to time, Cotton & Co will have special offers that can be applied to your order using a promotional code that we provide you. You will be required to type the Discount or Coupon code on the shopping cart page. The value of the Discount or Coupon will automatically be applied to your order. Please note that only one promotional code can be used per transaction.

Free Gift Offer

This information relates to any free gift with purchase offered on the Cotton & Co online store only (www.cottonandco.com.au) that we run from time to time. The free gift is subject to availability and while stock lasts. If we cannot supply the gift advertised we will substitute it with a similar gift to the same retail value. Not available in conjunction with any other offer. If returning item/s from the original order and the value falls under the minimum amount required to spend that entitled you to the free gift, you will also need to return the free gift in order to receive a full refund, with a copy of the invoice/receipt. If the free gift is not returned the full retail value of that gift will be deducted from the value of the refund. The free gift cannot be exchanged for any other product.

Consumer Guarantees & Exclusion of Liability

As a consumer, you have the benefit of the consumer guarantees and other non-excludable rights set out in the ACL. Subject to those consumer guarantees and non-excludable rights, to the extent permitted by law, all representations, warranties and conditions of any kind, implied by statute, general law or custom relating to our products are excluded.

Capacity

The Products on our Website are only available for sale to individuals who can make legally binding contracts. Our Products are not available to persons under the age of 18 years or any other persons who are legally prohibited from entering into binding contracts.