COLD 1 TERMS AND CONDITIONS
Terms and Conditions
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.
1. About These Terms and Conditions
In these Terms and Conditions:
"We", and "Us" and “Cold 1” mean Coldone.com.au which is fully owned and operated by Adlingtons Australia Pty Ltd and "You" means you the customer.
“Products” means goods sold by Cold 1 on this website.
“Price” means the price at which the Products are sold on this web site.
“Order” means an order for Products on this web site.
“Recommended Retail Price” means a price for the Products for comparison purposes, as determined by clause 13 of these Terms and Conditions.
These Terms and Conditions, together with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act 2010 (Australian Consumer Law), constitute the entire Contract between Cold 1 and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. COLD 1
Coldone.com.au and ADLINGTONS AUSTRALIA Pty Ltd are part of the COLD 1 and by signing up as a member to Cold 1 the member acknowledges that they will become a member of the COLD 1 of companies and agrees that they may be contacted by any of its subsidiaries. This does not affect a member’s ability to unsubscribe from communications from these companies on an individual basis.
3. Australia Sales Only
We only sell and ship Products within Australia. We will not make deliveries outside of Australia.
4. Copyright/Trademark Information
This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2006-2008 Cold 1. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of Cold 1, ADLINGTONS AUSTRALIA Pty Ltd or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical or technical errors.
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
6. Correction of Errors and Inaccuracies; Limitations on Quantity Whilst Cold 1 makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the website at any time (including after you have submitted your order). If this affects an order you have placed we will contact you to advise of the change and give you the option of a refund or to proceed with the order as amended. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
7. Legal Capacity to Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Cold 1. Should Cold 1 suffer any damage or other losses as a result of a transaction entered into by a minor, Cold 1 reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Cold 1.
8. Placing Your Order
You may place an Order by adding items to ‘My Cart’ on the Cold 1 website and clicking the "Check Out" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Cold 1 website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products; however Cold 1 will make every effort to supply products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Cold 1 and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when your order status moves to dispatched in the My Account My Orders Section. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
9. Payment Methods and Processing
Cold 1 uses Braintree to provide a secure environment for the authorisation of credit card and charge card transactions. We also offer PayPal and MasterPass payment solutions. Confidential information including card details are encrypted using industry standard SSL 128-bit encryption technology.
Our payment page is also fully PCI DSS compliant please visit https://www.pcisecuritystandards.org/tech/ for more information.
In this clause:
“GST” means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth)
Subject to this clause, if GST is payable in respect of any supply made to you by Cold 1, an amount equal to the GST payable (at the current prevailing rate) will be included as part of the price at which the product is sold on this web site.
11. Direct Import Goods
In this clause:
“Direct Import Goods” means Products which are sourced directly from outside Australia and which are available through this web site and which are specifically labelled as Direct Import Goods.
“Nominated Delivery Agent” means Australia Post.
“Import Order” means an order for Direct Import Goods.
“Supplier” means a supplier located overseas which contracts with Cold 1 to provide the Direct Import Goods.
“Taxes” means value added taxes (including GST), all levies, imposts, charges and duties imposed by any authority and the cost of customs clearance in relation to Direct Import Goods.
The amount payable for Direct Import Goods is shown on the Cold 1 web site in Australian dollars (exclusive of Taxes).
Cold 1 will be using the Nominated Delivery Agent for all shipping and delivery requirements, on your behalf. The cost of shipping and delivery will be charged separately from the price of the Direct Import Goods, at the time an Import Order is made and will be payable at the same time and in the same manner as the consideration for the Direct Import Goods is to be provided.
By placing an Import Order for Direct Import Goods, you are deemed to accept these Terms and Conditions including the obligations contained in this clause.
Direct Import Goods are sold to you on a Ex Works basis, in accordance with the Incoterms® 2010 terms, whereby the risk of ownership and title in the goods passes to you on the date and time the Supplier places the Direct Import Goods at your disposal at the Supplier's premises or another named place not cleared for export and not loaded on any collecting vehicle.
You acknowledge and agree that you will be recorded as the importer of record and will be the responsible party for any Taxes associated with the importation of Direct Import Goods.
You acknowledge that Cold 1 is not liable for any loss, damage, cost or expense that you incur as a result of your obligation to act as the importer of record for the Direct Import Goods.
If your Import Order arrives in Australia and the customs value is greater than the ‘low value import threshold’ (currently A$1,000, subject to change at any time), you may be required to lodge a Customs Import Declaration and pay the relevant Taxes. For further information visit www.customs.gov.au
For Australian customs purposes, any number of Import Orders delivered by Cold 1 to you may be considered as the one consignment in which case the total value of the number of Import Orders will be taken into account in assessing whether the low value import threshold has been reached.
Cold 1 will use its best endeavours to list Products with the most competitive prices. Cold 1 reserves the right to change prices for Products displayed on the Cold 1 web site at any time.
13. Reference to Recommended Retail Prices on our website
Our Products are sourced from within Australia and international markets and as such some may not be available for sale in Australia. This means that there may be no Australian Recommended Retail Price for some Products. Where we have been able to establish that a Product is for sale in Australia, we have used the Recommended Retail Price provided by a manufacturer, wholesaler or other supplier from which Cold 1 has sourced the product in Australia. In other cases, a Recommended Retail Price has been established by converting the Recommended Retail Price provided by the manufacturer, wholesaler or other supplier from which Cold 1 has sourced the product in the market from which the goods were sourced into Australian dollars. The exchange rate used in conversion to Australian dollars is that which is applicable at the time the goods are first landed in Australia as published by our bank.
Each 'Cold 1 Voucher' is personal to the User receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each 'Cold 1 Voucher' has an expiry date which cannot be modified.
The use of a 'Cold 1 Voucher' requires the total value of the order (excluding shipping and handling costs) to be higher than the monetary value of the discount given by the 'Cold 1 Voucher'. Some discount 'Cold 1 Voucher's may specify a minimum spend in order to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spend.
Under no circumstances can the value of a discount 'Cold 1 Voucher' be deducted from an order if that 'Cold 1 Voucher' is defective or out of date: no replacement 'Cold 1 Voucher's will be issued.
When an order is placed using a discount 'Cold 1 Voucher' and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.
We reserve the right to modify or amend at any time these guidelines and the methods through which benefits are earned. We reserve the right to disqualify you at any time from participation in our Cold 1 Referral Program and remove any existing Cold 1 Vouchers from your account.
15. Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will confirm shipment via the My Account My Orders section including a tracking number for each parcel.
16. Delivery of Your Products
As we source products from around the World delivery times will vary. We will use our best efforts to ensure your order arrives as soon as possible after the end of the sale. Delivery will be made via a number of partners and the estimated delivery times will be indicated within each specific sale according to the dispatch location. We use the best possible estimated dates given the information we have been provided by our suppliers and partners, however many factors are outside of our control and we cannot guarantee delivery within this time frame. Individual order status can be tracked in the My Account, My Orders section. We charge shipping and handling for each sale you purchase from unless otherwise stated on the website. Due to the nature of our business, we may consolidate orders where possible from more than one sale. For these orders shipping and handling charges will remain unaltered. Title and risk of loss to all products will pass to you on delivery unless otherwise specified in the Direct Import Goods Clause.
For the avoidance of doubt, In the event that there is any ambiguity relating to the passing of risk and title to the goods, risk and title to the goods will pass to you on the first attempt at delivery irrespective of whether it was successful or not.
Unless outlined in the Site Information or Item Page, delivery of bulky goods (for example larger furniture or TV’s and whitegoods) assumes ground floor front door delivery.
17. Collection of goods
If your order is placed on a collection, when visiting any place where the goods are stored to inspect them or collect them you must comply with:
• Any law relating to occupational health and safety.
• Any directions or warnings that have been given about the goods or their location in the Site Information or Item Page; and
• Any directions given by us or anyone authorized by us when inspecting or removing any goods from any location.
• You acknowledge that you inspect or remove goods at any location at your own risk.
• If we are unable to deliver an item or you fail to collect an item you have selected to collect within 14 days of a sale we may charge a storage fee in accordance with our normal rates.
18. Authority To Leave
By selecting No and clicking Accept on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.
Cold 1 and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority To Leave delivery method. You agree to release Cold 1 from and against any and all claims, demands, liabilities, losses, costs and expenses if Authority To Leave is selected.
Should the courier be unable to leave the parcel or deem the location to be an unsafe area to leave the parcel or your instruction text is unclear, the courier may leave an attempted delivery card and return the parcel to their depot.
Risk and title to the goods transfers to you after the first attempt at delivery irrespective of whether it was successful or not.
19. Returns Policy
Our goods come with guarantees that cannot be excluded. 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.
Please see our Returns Policy on our website for further details.
20. Express Warranties
The Australian Consumer Law provides that items which we supply come with guarantees that cannot be excluded. In addition to the provisions under the Australian Consumer Law we warrant that the goods are of acceptable quality, are fit for the purpose for which the goods are ordinarily used and match the description on the site (other than minor differences) for a period of 12 months unless otherwise stated. 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.
For some items, manufacturers offer their own optional or additional warranties and these apply strictly in addition to your rights under the Australian Consumer Law. Please contact our customer service team who will assist you in obtaining a remedy for your product.
21. Computer Hardware
Where a product sold through Cold 1 fails to meet the consumer guarantees under the Australian Consumer Law, you are entitled to seek a remedy from either Cold 1 or the manufacturer. Where the fault constitutes a major failure, you are entitled to choose between a refund, repair or replacement of the item, and compensation for any other reasonably foreseeable loss or damage. Some products may contain a manufacturer’s warranty against defects, which may include damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products.
If an electronic or computing Product sold by Cold 1 requires repair, or in the case of a major failure if you elect to have the product repaired, you will be given a written Repair Notice, in accordance with the Australian Consumer Law, before Cold 1 can accept the return of the Product. During the process of repair, some or all of your stored data may be lost. Please ensure you have saved this data elsewhere prior to repair. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
22. Our Liability
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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law.
Without excluding, restricting or modifying the rights and remedies to which you may be entitles under the consumer guarantees provisions of the Australian Consumer law or our liabilities under those provisions:
To the extent permitted by law, we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products; and
We will not be liable to you for indirect and/or consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
Our liability to you for loss or damage of any kind arising out of this agreement or in connections with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability if in contract, tort (including negligence), under any statue or otherwise.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Cold 1. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Cold 1 reserves the right to change the Terms and Conditions of sale at any time. No Cold 1 employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Cold 1. These Terms and Conditions (including all of the policies and other Agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Cold 1 are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
25. Force Majeure
Cold 1 shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Cold 1, and Cold 1 shall be entitled to a reasonable extension of time for the performance of such obligations.
26. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.