Compacthings Pty Ltd (ACN 620 778 065) trading as Colouron Cotton (Colouron Cotton), owns, operates and maintains this website, www.colouroncotton.com.au and the content contained therein (Website), and asserts its copyright. Words and phrases highlighted like this are defined terms. These Terms and Conditions should be read in conjunction with our Privacy Policy.
1. Accessing this Website
1.1 By accessing this Website, any person accessing the Website (Users) agree to be bound by these Terms and Conditions of Use. If Users do not agree with any of these terms and conditions, Users are prohibited from using or accessing the Website. The materials contained in this website are protected by applicable intellectual property law.
1.2 User’s use of parts of the Website (including those parts of the Website which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
1.3 Colouron Cotton may in its sole and absolute discretion, for any reason or no reason, and without notice:
(a) alter or withdraw any functionality on the Website;
(b) withdraw or suspend access to all or any part of the Website and any account;
(c) monitor the use of the Website;
(d) subject to any applicable laws, treat any material that Users transmit or display as non-confidential and non-proprietary; and
(e) edit or remove any material that Users may have uploaded, posted, emailed or otherwise transmitted to the Website.
2. Goods sold by Colouron Cotton
2.1 The description of the goods sold by Colouron Cotton (Goods) are as displayed on the Website in a listing (Listing).
2.2 The colour of the Goods may vary slightly from the Listing description and photographs due to variations in the manufacturing processes and colour reproduction on the User’s device used to access the Website. Colouron Cotton gives no guarantee (expressed or implied) that Goods will exactly match the description or photographs.
2.3 All Goods can have minor imperfections, including cosmetic imperfections and the User acknowledges and accepts that such minor imperfections are acceptable, provided they meet the manufacturer’s standards.
2.4 All sizing of the Goods is approximate unless measurements are shown on the Listing. Where clothing is designed for children, approximate age ranges are displayed. Users should make enquiries directly with Colouron Cotton in relation to actual measurements.
3. Accounts
3.1 In order to buy Goods, a User must first register a personal, individual account by creating a username and a password and by providing such information as may be required by Colouron Cotton from time to time, including the User’s real name, contact telephone number, billing address, bank account details and a valid credit or debit card that we approve and accept (Account).
3.2 Colouron Cotton may, at its sole discretion and for any or no reason, refuse registration of, or cancel an Account.
3.3 Users are solely responsible for activity on the Account and shall be responsible for maintaining the confidentiality of the Account password. No sharing of Accounts is permitted.
4. Buying Goods
4.1 Users with a registered Account may purchase Goods via the Website.
4.2 Users should carefully read the full Listing details for each of the Goods before clicking to buy the Goods.
4.3 Users click the relevant button on the Website to buy the selected Goods. Upon clicking the button to confirm a purchase, the User is committing to a contractual obligation to buy the selected Goods for the Price, and to make such additional payments as may be required, as set out on the Website, Colouron Cotton’s payment partners and the User’s financial institution.
4.4 Goods prices displayed on a Listing are inclusive of all applicable GST. Shipping and any insurance charges will be separately shown, if selected.
4.5 If the Goods are being shipped to an address that is not in the same state or country as Colouron Cotton, the User or the addressee will be responsible for paying any other charge, tax or impost or levy imposed by any applicable government agency in the addressee’s state or country.
4.6 Users must make full payment for Goods via the methods offered by Colouron Cotton. Purchases are not confirmed until Colouron Cotton has confirmed receipt or verification of payment and has conducted fraud checks, as required. All payments must be made, and will be taken, in Australian dollars.
4.7 Upon receipt of purchased Goods, Users must inspect the Goods to ensure that it matches the description in the Listing. If the Goods does not match the description in the Listing, Colouron Cotton must be notified within 24 hours via such methods and using such forms as may be determined by Colouron Cotton.
4.8 Whilst the User has not paid for the Goods supplied in full at any time, the User agrees that property and title in the goods shall not pass to the User and Colouron Cotton retains the legal and equitable title in those Goods supplied.
4.9 Risk in relation to any Goods passes to the User at the point the Goods are handed to the delivery carrier.
4.10 Nothing in this clause 4 is intended to limit, or limits, any rights Users may have under the Competition and Consumer Act 2010 (Cth) (including under the Australian Consumer Law set out in Schedule 2 of that Act) or any other applicable consumer law.
5. Cancellation of orders
5.1 Colouron Cotton may cancel an order that it has already accepted if it suspects that the User is acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
5.2 While Colouron Cotton endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and Colouron Cotton may also cancel an order that it has accepted in such circumstances.
5.3 Unforeseen supply problems or unexpected demand may occasionally result in Goods being unavailable. If there is a delay in shipping the User’s order Colouron Cotton will contact the User by email as soon as possible to advise the User of the reason for the delay. If this occurs, the User may cancel the order at any time prior to when Colouron Cotton ships the Goods to the User.
5.4 Users may also cancel an order if Colouron Cotton is in breach of these terms.
6. Delivery
6.1 Colouron Cotton will usually ship the Goods within 2 Business Days of Colouron Cotton’s receipt of the User’s order and payment, unless otherwise noted in the Goods description. Any delivery times displayed on the Website are estimates only, based on the information provided to Colouron Cotton by the shipping company.
6.2 Colouron Cotton will deliver the Goods to the place of delivery the User specifies when making the order.
7. Returns
7.1 Colouron Cotton can return or exchange any Goods, for any reason, within 14 days of receipt, excluding the following Goods:
(a) gift vouchers;
(b) personalised items;
(c) perishable items;
(d) Goods where Colouron Cotton reasonably believes there to be a health or safety concern
and provided that the Goods are in original condition and packaging and not affected by being used in an abnormal way, or reduced in value by delay on the User’s part.
7.2 If the Goods the User wishes to return is faulty, Colouron Cotton will require photographic proof of the faulty item. The User will then be offered a replacement or repair of the faulty item or a full refund by Colouron Cotton. Colouron Cotton may also offer store credit at our discretion. Any refunds will be transferred back to the original payment method.
7.3 If the User changes his or her mind on purchased Goods, the User will be given a store credit to the same value once the item has been received by Colouron Cotton in good saleable condition, and unless otherwise agreed, any shipping costs incurred will not be refunded. The User must use a trackable or signed-for delivery service such as registered post, as Colouron Cotton cannot credit the User’s account until the Goods returned have been received by the Seller.
7.4 If a User wishes to return Goods in accordance with this clause 7, the User should first contact Colouron Cotton at help@colouroncotton, provide the order number and details about the Goods and the reason for return.
7.5 Returned Goods should be returned (at the User’s cost unless otherwise agreed) to Colouron Cotton 69 Nijong Drive Pemulwuy 2145 NSW Australia or such other address notified to the User by Colouron Cotton. The User remains liable for the loss or damage of Goods in transit to Colouron Cotton.
8. User License
8.1 Permission to access the Website is a grant of a license, not a transfer of title, and under this license Users may not:
(a) modify or copy and content, images or other materials (Materials);
(b) use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any software contained on the Website;
(d) remove any copyright or other proprietary notations from the Materials; or
(e) transfer the materials to another person or "mirror" the Materials on any other server.
8.2 A User’s license under this clause shall automatically terminate if that User breaches any of these Terms and Conditions of Use. In addition, Colouron Cotton may at its discretion, terminate the licence. Upon termination of the licence, that User will have no right to view the Website or any of the content therein and that User must destroy any downloaded materials in that User’s possession or control, whether in electronic or printed format.
9. Use of the Website
9.1 Users must not, in connection with the use of the Website, act in a manner which:
(a) is contrary to any law or any third party’s rights, or which may encourage a person to act in a way which is contrary to any law or any third party’s rights;
(b) may result in damage to the Website or any property or equipment of Colouron Cotton, its directors, employees, contractors or agents;
(c) may restrict, disrupt or inhibit any other user from using or enjoying the Website;
(d) endangers the health or safety of any person;
(e) may cause an interference to any business conducted by Colouron Cotton;
(f) upload, post, email or otherwise transmit any of the following to, or through, the Website:
(i) confidential material;
(ii) misleading or deceptive material;
(iii) material which the User does not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
(iv) material which contains a virus, or other harmful or potentially harmful code;
(g) alter, damage or delete any material on the Website;
(h) hold yourself out as having any authority to act on behalf of us; or
(i) collect or store personal information about other users in a manner which is inconsistent with these Terms and Conditions of Use.
9.2 Users must obey any lawful instruction of Colouron Cotton in using the Website.
9.3 Users consent to Colouron Cotton’s use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website.
10. Users’ Intellectual Property
All material and content posted or submitted by a User on the Website, including Listings are the intellectual property of that User. However, each user grants a free and irrevocable licence in perpetuity to Colouron Cotton and its assigns and successors to use any part or the whole of any intellectual property, in any form, for any purpose it deems fit, including for advertising and marketing of the Website or any other Goods and services offered by Colouron Cotton, its related bodies corporate, partners, advertisers, suppliers or contractors.
11. No warranties and limitation of liability
11.1 To the extent permitted by law, Colouron Cotton excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Colouron Cotton is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth), Colouron Cotton’s liability is limited (to the extent permitted by law) at its option to the following:
(a) in the case of goods supplied or offered by it:
(i) to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or
(b) in the case of services supplied or offered by it:
(i) to the supply of the services again; or
(ii) to the payment of the cost of having services supplied again.
11.2 Colouron Cotton, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
(a) a User’s use of or inability to use the Website,
(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website;
(c) any information available on or through the Website or on or through any website to which there is a link from the Website; or
(d) Colouron Cotton’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.
11.3 Without limiting 11.1 or 11.2, Colouron Cotton’s total liability shall be limited to the amount paid by a User in respect of a disputed transaction.
11.4 Users indemnify Colouron Cotton, its related bodies corporate, their officers and employees, and service providers from and against all:
(a) liability to any third party;
(b) damage to property; and
(c) other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to your negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.
12. Revisions and Errata
The materials appearing on Colouron Cotton’s Website could include technical, typographical, or photographic errors. Colouron Cotton does not warrant that any of the materials on its Website are accurate, complete, or current. Colouron Cotton may make changes to the materials contained on its Website at any time without notice. Colouron Cotton does not, however, make any commitment to update the materials.
13. Links and Advertising
Colouron Cotton has not reviewed the sites linked to or from the Website or third-party advertising. All links and advertising provided are for Users’ convenience only, and Colouron Cotton is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by Colouron Cotton of the site. Use of any such linked website or advertising is at the User's own risk.
14. Website Terms of Use Modifications
Colouron Cotton may revise these Terms and Conditions of Use for its Website at any time without notice. By using this Website, Users are agreeing to be bound by the then current version of these Terms and Conditions of Use.
15. Governing Law
Any claim relating to these Terms and Conditions of Use or the use of the Website or Services shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions, and Users agree to submit to the jurisdiction of the Courts of that State.