Terms and Conditions

COSPLAY OZANIMART TERMS & CONDITIONS

These Terms and Conditions constitute an agreement between the customer (“you”, “your”) and Cosplay Ozanimart Pty Ltd, Level 1, 311 Elizabeth Street, Melbourne, Victoria 3000 (“Cosplay Ozanimart”, “us”, “we”, “our”). These Terms and Conditions apply to the ordering, purchase, fulfilment and delivery of Products from Cosplay Ozanimart whether orders are made via our Website, in person at one of our shop locations (details of which are on our Website), by telephone or by email. Please read these Terms and Conditions carefully before placing your Order with Cosplay Ozanimart. If you do not understand these Terms and Conditions or if you have any questions, please contact Cosplay Ozanimart Customer Service on (03) 9640 0351.

1.Definitions

  1. Delivery Agent means any third party engaged by Cosplay Ozanimart on your behalf to deliver an Order to you.

  2. GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

  3. Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or determination recognised to have binding force or effect.

  4. Order means a request by you to purchase a Product from the Website in accordance with these Terms and Conditions.

  5. Product means each good that is offered for sale on the Website.

  6. Terms and Conditions means these terms and conditions as amended from time to time.

  7. Website means http://www.ozanimart.com.au

2.Compliance

  1. You agree to be bound by and comply with these Terms and Conditions and all relevant Law when using the Website and placing an Order.

  2. Each Order you place constitutes a separate and binding agreement between you and Cosplay Ozanimart.

3.Placing an Order for a Product

  1. You may place an Order for a Product by selecting a Product and submitting an Order on the Website.

  2. Any Order submitted on the Website is an offer by you to purchase Product for the price specified (including delivery and other charges, fees and taxes) at the time you submit the Order.

  3. When submitting the Order you agree to provide us with complete and accurate contact details to enable us to process and deliver your Order. We may require you to provide additional details or confirm your details to enable processing and delivery of your Order.

  4. Cosplay Ozanimart will not be liable for any loss for a delay or failure to process or deliver a Product to you (or your nominated recipient) due to your Order containing incomplete or inaccurate details.

4.Acceptance and Rejection of Orders

  1. Cosplay Ozanimart reserves the right to accept or reject an Order for any reason at any time.

  2. Each Order accepted by us constitutes a separate and binding agreement between Cosplay Ozanimart and you, for Cosplay Ozanimart to supply the selected Product to you in accordance with the Order and the Terms and Conditions.

  3. If we reject an Order we will notify you of that rejection within a reasonable period of time and where your payment for the Product has already been processed we will refund such payment to you within a reasonable period of time. Cosplay Ozanimart will not be liable for any loss, damage, cost, or expense incurred due to the rejection of an Order or as a result of any delay in processing a refund.

5.Delivery of Products

  1. Cosplay Ozanimart will only deliver to addresses and post office boxes in Australia.

  2. You agree to be responsible for all delivery fees.

  3. Cosplay Ozanimart will only arrange delivery the Product ordered upon receipt of payment of the price and all delivery fees.

  4. The delivery fees for an Order depend on the type of Product, in particular, the size and weight of the Product.

  5. All Orders are delivered via trackable freight by a Delivery Agent we engage on your behalf.

  6. Cosplay Ozanimart cannot guarantee delivery time frames and will not be liable for any loss, damage, cost or expense incurred due to a delay in delivery.

  7. You or your appointed representative must be present to accept delivery of your Order. The Delivery Agent may require proof of identity to be provided.

  8. You acknowledge and agree that any person at the delivery address who accepts delivery of your Order is:

  1. authorised by you to receive your Order; and

  2. over the age of 16 years and capable of receiving delivery on your behalf.

    1. You may be liable for re-delivery fees in the event that the Order cannot be delivered due to there being no person present and willing to accept delivery at the delivery address, no proof of identity being provided or if the delivery address cannot be accessed. In these circumstances you may need to collect the Product from the Delivery Agent’s local depot or agent. You must follow the Delivery Agent’s instructions for collection and pay any additional delivery fees.

    2. Before accepting delivery of the Order, you or the person accepting delivery should inspect the Product to ensure that it matches your Order and that it has not been damaged in transit.

    3. Title in the Product passes to you on the later of the date and time that you make payment of the price in respect to the Product or the date and time that you (or the person accepting delivery) accept delivery of the Product to the delivery address.

    4. In the event that payment for the Product is not received by the time you accept delivery of the Product, you agree to hold the Product as bailee for Cosplay Ozanimart until such time as payment of the price (and any other monies due under these Terms and Conditions in relation to the Product) is made or until they are returned to Cosplay Ozanimart on demand.

    5. Cosplay Ozanimart will not be liable if the Order is lost in transit or for any damage caused to the Product in transit. We strongly recommend that you select the freight option that includes insurance when placing your Order. If you choose the standard option with no insurance you agree to assume the risk of the Product being lost or damaged in transit.

6.Order Cancellation and Returns

  1. Once an Order is placed it cannot be changed or cancelled.

  2. Products purchased from Cosplay Ozanimart cannot be returned or exchanged unless required by Law.

7.Price and Payment

  1. The price in respect of a Product is specified on the Website.

  2. Once an Order is submitted we will charge you, and you agree to pay the price of the Product ordered (including delivery and other charges, fees and taxes).

  3. All prices, delivery and other charges and fees include GST where applicable.

  4. Payment of an Order can be made by:

  1. Direct Bank Deposit or Internal Transfer to the following account:

Bank: Commonwealth Bank of Australia

BSB: 063 014

Acc/No: 1015 5987

  1. Credit card however credit card purchases will incur a surcharge to be determined by us from time to time. Once an Order is submitted, you authorise Cosplay Ozanimart to debit the amount payable from your nominated credit card.

  2. Money order cheque sent to Cosplay Ozanimart at Level 1, 311 Elizabeth Street Melbourne, VIC, 3000.

    1. Cosplay Ozanimart reserves the right to change or alter prices of Products on the Website without notice to you, unless you have already submitted an Order, in which case there will be no change or alteration in pricing.

    2. You agree not to pay, or attempt to pay, for a Product through any fraudulent or unlawful means.

    3. You will receive a tax invoice at the time of delivery which specifies the total fees and charges for the Order.

    4. The payment of the price and any fees and charges due under these Terms and Conditions with respect to any Product ordered must be received by us no later than 14 days after the Order has been made. You agree to pay interest on any monies due but not paid within this timeframe where the rate of such interest shall accrue at a rate of 4% above the prevailing rate of interest from time to time fixed by the Penalty Interest Rates Act 1983.

8.Warranty

  1. Cosplay Ozanimart warrants that your Product, will be free from defects in materials or workmanship, under normal home use, for a period of one year from the date of purchase (warranty period) unless the defect is caused by accident, misuse, negligence (including tampering), abuse, damage in transit, or use for commercial purposes. This warranty does not cover damage incurred due to servicing at a servicing centre not approved by Cosplay Ozanimart or damage caused by anything other than a manufacturing defect. This warranty excludes any relief for incidental or consequential damages. If you require further information about your warranty, please call Cosplay Ozanimart Customer Service on (03) 9640 0351.

  2. Should a defect appear in your Product within the warranty period, we will repair it or replace it at our option.

  3. To entitle you to claim the warranty you must:

  1. Call Cosplay Ozanimart Customer Service on (03) 9640 0351and tell us about your problem.

  2. If we instruct you to send us all or part of the Product for repair or replacement, pack it carefully in the original carton (if possible) to prevent damage. Any damage caused sending the product is not covered by the warranty.

  3. Print your name and address on the carton/packaging.

  4. Write a letter to us explaining the problem. Include the following: your name, address and a copy of the original tax invoice as proof of purchase.

  5. Attach the sealed envelope containing the letter to the carton/packaging. Insure the carton/package for the value of the product and send prepaid to:

Cosplay Ozanimart Pty Ltd

Level 1, 311 Elizabeth Street

Melbourne, Victoria, 3000, Australia

  1. If the Product is defective within the warranty period we will honour our warranty by repairing or replacing the Product at our option.

    1. Cosplay Ozanimart will not be liable for any expenses associated with a warranty claim.

    2. In order to assist handling of your warranty and to facilitate verification of the date of purchase, we recommend that you complete and return to us the warranty registration card enclosed with the Product.

    3. The benefits provided to you by this warranty are in addition to other rights and remedies available to you under Australian Consumer Law. 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 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.

    4. Without excluding, restricting or modifying the rights and remedies to which you may be entitled to pursuant to this clause 8 and the Australian Consumer Law:

  2. you acknowledge that the Website and its contents are provided on an “as is” basis and we do not make any warranty or representation as to its accuracy or reliability or as to the suitability of the Website or a Product for any purpose;

  3. Cosplay Ozanimart excludes to the fullest extent possible under Law, all other implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions; and

  4. Cosplay Ozanimart will not be liable to you for indirect and consequential loss arising from or connected to these Terms and Conditions in contract, tort, under any statute or otherwise.

    1. Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent that you cause or contribute to the loss or damage.

9.Termination

  1. Cosplay Ozanimart reserves the right, at its discretion, to immediately terminate these Terms and Conditions and suspend, terminate or limit your access to and use of the Website if:

  1. Cosplay Ozanimart reasonably believes that you have breached these Terms and Conditions and such breach is not capable of remedy; or

  2. You have been provided with notice of a breach of these Terms and Conditions and you have failed to remedy such breach within 14 days (where the breach is capable of being remedied).

10.Privacy Policy

  1. Cosplay Ozanimart supports and complies with the National Privacy Principles that provide the benchmark for the collection, access, storage and handling of personal information we obtain in our business.

  2. We only collect personal information if it is reasonable to do so. When personal information is collected we have procedures in place to ensure that your personal information is not accessed by unauthorised persons, lost, unduly disclosed, amended or misused. When the information is no longer required we will take measures to destroy it.

  3. You do not have to provide us with any personal information. However, if you choose not to provide us with the personal information we request we may not be able to supply you with any Product the supply of which depends upon the collection of the personal information.

  4. The personal information we obtain is generally used to enable us to supply Product to you. We may also use your personal information to investigate ways to enhance our services to you (eg to advise you of new Product). You can tell us at any time that you do not want us to send information to you other than for the main purpose we obtained the information from you. If we disclose any personal information to other organizations (eg researches and others we deal with in our business) we try to ensure that we do so in such a way that does not enable individuals to be identified.

  5. We will provide you with access to any of your personal information we hold except in some situations identified by the Law. If you require your personal information please advise us by email. We may require proof of your identity before giving the requested access. Your information will generally be provided free of charge but we reserve the right to charge a reasonable fee if your request requires more than usual efforts.

11.General

  1. If the whole or any part of a provision of this agreement is invalid, unenforceable or illegal then that provision is severed from this agreement to the extent of the unenforceability or illegality. Such severance does not affect the validity or enforceability of the remainder of this agreement which has full force and effect.

  2. This agreement is governed by the laws of Victoria, Australia and must be construed in accordance with the laws in force in the State of Victoria. Each party submits to the exclusive jurisdiction of the courts of Victoria. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these Terms and Conditions and this provision does not apply to any claim you may have under the Australian Consumer Law.

  3. Cosplay Ozanimart reserves the right to change these Terms and Conditions from time to time. The Terms and Conditions that will apply to any Order are the Terms and Conditions that applied at the time the Order was submitted.

  4. Any notices required to be given pursuant to these Terms and Conditions may be given to you by electronic mail and to Cosplay Ozanimart by electronic mail to wholesale@ozanimart.com.au.

  5. Any failure or delay by Cosplay Ozanimart in exercising any power or right conferred on Cosplay Ozanimart by these Terms and Conditions will not constitute a waiver of that power or right.