Shipping Disclaimer
All goods are shipped using a method requiring a signature upon delivery. Should you choose to organise your own shipping method requiring collection from our office (local pickup), it is your sole responsibility to ensure the safe and complete delivery of your order. Coolsan® Australia will accept no liability for your order not delivered in full, on time or damaged. See clause 7 for full terms regarding delivery.
Terms & Conditions
This agreement is a contract between the customer (you) and Coolsan® Australia Pty Ltd ABN 85 154 799 765, 263 Waymouth Street, Adelaide, South Australia 5000 (Coolsan Australia). These terms apply to the ordering, purchase and delivery of Goods from coolsan.com.au and form a contract between you and Coolsan Australia (Terms) as amended from time to time.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitations of liability.
If you have any questions, please contact Coolsan Australia on 1300 390 811 or contact us via this email and we will be happy to assist you.
1. Definitions
The following definitions apply to these Terms.
Business Day means a week day in which trading banks are open for the transaction of banking business in Adelaide, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on your Order.
Delivery Agent means a nominated third party delivery or shipping company for Coolsan Australia.
Delivery Fee means the fee charged by the Delivery Agent for the delivery of Goods under clause 7.
Freighted Goods means Goods whose order total weighs more than the specified weight of 22kg for delivery by Australia Post, and is therefore required to be sent via freight to you.
Goods means the items offered for sale described or displayed on the Website.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Coolsan Australia under these Terms.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (including GST).
Privacy Policy means the Coolsan Privacy Policy found on the Website. View the Coolsan Privacy Policy here.
Website means the site available from http://coolsan.com.au/.
Website Terms means the terms governing your use of the Website, in addition to these Terms.
We, Us, Our and Coolsan Australia means Coolsan® Australia Pty Ltd (ABN 85 154 799 765).
You and Your means you as the purchaser of Goods from Coolsan Australia pursuant to these Terms.
2. Compliance with Terms and Conditions
2.1 You will be bound by these Terms when you submit an Order via the Website, telephone or email. Each Order you place will be a separate contract between you and Coolsan Australia for the supply of Goods, under these Terms.
3. Placing Orders for Goods
3.1 An Order submitted by you is an offer by you to purchase Goods for the Price (plus any Delivery Fee and GST) as specified at the time you submit your Order.
3.2 In completing the Order form, you agree to provide complete and accurate details to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to deliver your Order.
3.3 Coolsan Australia will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you due to inaccurate or incomplete details provided in an Order by you.
3.4 You may Order from Coolsan Australia if you have a registered account with Coolsan® Australia Pty Ltd.
3.5 To create a registered account with coolsan.com.au you must contact us at info@coolsan.com.au with your name and contact details.
3.6 When your account registration is complete with coolsan.com.au you will be able to purchase Goods from the website and be registered to receive regular Coolsan® Australia newsletters.
3.7 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless by agreement with Coolsan Australia or otherwise under these Terms). You should check your Order carefully before submitting your Order. For terms on cancellations refer to clause 9.
3.8 Where you place consecutive or separate Orders, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order - see clause 7.
3.9 Single orders cannot be split for delivery to different locations.
3.10 You will be provided with an Order number when you submit your Order. The Order number is required when contacting Coolsan Australia about your Order.
4. Acceptance and Rejection of Orders
4.1 Coolsan Australia reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it constitutes an agreement by Coolsan Australia to supply the Goods under these Terms.
4.3 If we reject an Order, we will notify you of the reason for rejection via email within 5 Business Days.
4.4 Coolsan Australia will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.5 If we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order under clause 6.
4.6 If we cannot contact you about your Order using the contact details you provide in the Order, after having made reasonable attempts to contact you, we will reject the Order under clause 4.1 and notify you of that rejection via phone or email within 5 Business Days.
5. Price and Payment
5.1 The Price in respect of a Good is specified on the Website or by Agreement with Coolsan Australia Pty Ltd.
5.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, exclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms also exclude GST where applicable.
5.3 Coolsan Australia reserves the right to change or alter Prices of Goods on the Website without notice to you. If you have already submitted an Order at a particular Price, there will be no change or alteration to that Price.
5.4 For each Order, we will charge you and you agree to pay:
(a) the Price (which is the Price at the time the Order is submitted); and
(b) the Delivery Fee.
5.5 You can pay for your Goods by any of the methods specified on the Order form on the Website, including direct deposit or Pay Pal.
5.6 Any payment for an Order must be cleared by Coolsan Australia before Goods are despatched. If your payment cannot be processed, your Order will be rejected under clause 4 and you will be notified of this via email.
5.7 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
5.8 You will receive an Order confirmation by email once payment has been processed.
5.9 Legal ownership, or title, to the goods will not pass to the buyer until the buyer has paid for the goods in full.
5.10 Coolsan Australia reserves title in all goods supplied to the buyer, until the buyer has settled all outstanding invoices to the seller.
Credit Application
5.11 For goods purchased via 30 Day Term Invoice, a Coolsan Australia Pty Ltd Credit Application Form must be completed by the purchaser and submitted to Coolsan Australia Pty Ltd for approval. You may Order from Coolsan Australia upon approval of your Credit Application.
5.12 For credit limits exceeding $30,000.00 per month, Coolsan Australia Pty Ltd requires a Directors Guarantee and Indemnity Form be completed by the purchaser and submitted to Coolsan Australia Pty Ltd.
6. Return Goods
6.1 Return of goods is only available if the Products delivered are faulty or damaged.
6.2 Return Goods must be initiated by phone or email. However telephone contact is preferred, this being the most timely and efficient method for both parties. Contact Coolsan Australia on 1300 390 811 or contact us via email.
6.3 Goods the subject of a return must not be returned to Coolsan Australia without prior agreement and Authorisation.
6.4 The cost of delivery or freight for the Return Goods is at your cost.
6.5 If Coolsan Australia processes a refund under these Terms, it will use reasonable endeavours to process the refund within 30 Business Days of receipt of the Return Goods. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Coolsan Australia is not liable for any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
7. Delivery
7.1 Coolsan Australia uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 We are unable to deliver to PO Box addresses.
Delivery Areas
7.3 Subject to clauses 7.4 and 7.5, delivery is available within Australia in our pre-defined delivery areas for all Goods.
7.4 For orders requiring freight, delivery may be limited to metropolitan regions within Adelaide, Brisbane, Melbourne, Perth, Sydney, Hobart and Darwin, unless otherwise agreed between Coolsan Australia and you and confirmed in writing.
Delivery Fees
7.5 The Delivery Fees for Coolsan Australia Orders are dependent on the total weight of the order. The Delivery Fees are presented to you on the Checkout page of the Website or via email.
7.6 The delivery options available to the Customer, for orders under 22kg, are:
(a) Local Pickup (For South Australian customers only)
(b) Parcel Post with Signature
(c) Express Post with Signature
(d) Freight
7.7 Orders that have a total weight exceeding 22kg will be required to be delivered via freight.
7.8 We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order, and we will refund any payment made under clause 6.
Delivery Times
7.9 Subject to clause 7.10. Coolsan Australia aims to achieve the delivery time frames set out below.
(a) all Orders below 22kg - Australia wide (including capital cities and suburbs, and most regional areas): 4-7 Business Days; and
(b) Freighted Goods – 3-10 Business Days, or on a date agreed by you and Coolsan Australia.
7.10 Notwithstanding the delivery times in clause 7.9:
(a) Coolsan Australia cannot guarantee that delivery will occur in the delivery time frames; and
(b) Coolsan Australia is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.11 During promotional periods Orders may experience delivery delays. Coolsan Australia will provide notification on the Website of such delays.
General Terms For Delivery
7.12 Delivery of Goods will take place at the Delivery Address specified by you in the Order.
7.13 If you are not personally available to accept delivery, you may appoint a representative to accept delivery in your place. Subject to clause 7.14, the representative must be over 16 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative's instructions as if they were your own.
7.14 On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as photo ID. Coolsan Australia may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity.
7.15 To ensure delivery can take place, you agree to give us as much detail as possible about particular features of the Delivery Address in advance by calling Coolsan Australia on 1300 390 811 after placing your Order. This includes, without limitation:
(a) restricted access or parking for our truck;
(b) restricted or limited access to the premises; or
(c) if you have narrow doors, spiral staircase or tight corners.
7.16 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery or for any other reason delivery cannot take place, a calling card will be left for you to collect the Goods (except Freight Goods) from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.
7.17 You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay additional Delivery Fees.
7.18 Where you do not collect your Goods (excluding Freight Goods) from the Australia Post office within 10 days of a failed delivery, you must call Coolsan Australia on 1300 390 811 or contact us via this email address for further information about claiming your Order. If Goods are required to be redelivered, you may be required to pay additional Delivery Fees.
7.19 Once delivered, you must inspect the Goods and ensure the Goods delivered match your Order. You must let us know about any damaged, missing and incorrect Goods as soon as possible by contacting Coolsan Australia on 1300 390 811 or email us at info@coolsan.com.au.
7.20 If you wish to have your goods shipped via an option that is not Registered Post, or Signature on Delivery, or if you wish to organize your own courier when selecting local pick up, then it is your sole responsibility to ensure that the goods have been collected and delivered to the nominated address.
Freight Delivery Terms
7.21 For Freight Goods, you must ensure you will be available to accept delivery at the Delivery Address on the delivery date as agreed between you and Coolsan Australia’s Delivery Agent. If you are not available and redelivery is required, a calling card will be left for you to arrange redelivery. Where redelivery is required because you were not available at the agreed time, you consent to paying additional Delivery Fees as required by the Delivery Agent.
7.22 Delivery via freight does not include insurance on goods.
7.23 You will, upon receipt of the goods, inspect the order and lodge any complaint in accordance with clause 6.
8. Risk and Title
8.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent, excluding orders which are local pick up.
8.2 For orders that are local pick up, risk and title in the Goods passes to you on the date and time of order pick up from Coolsan Australia offices.
9. Order Cancellations
9.1 Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address. You should carefully check that your Order is accurate before you submit it to us.
9.2 Goods can only be returned under these Terms (in particular, this clause 6).
10. Promotions and Discounts
10.1 You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping on coolsan.com.au. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. We cannot apply the Code after you have submitted your Order. Separate terms may apply to the use of the Code. Please read these carefully to make sure they apply to your purchase from Coolsan Australia. Any Code is non-transferable and may not be used in conjunction with other offers.
10.2 All references to times in promotions are based on the local time in Adelaide, Australia unless stated otherwise.
11. Privacy
11.1 Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order under Coolsan Australia’s Privacy Policy. See Coolsan Australia's Privacy Policy for further information on how to access or update any records of Personal Information.
12. Website Terms
12.1 See Coolsan Australia's Website Terms of Use for further information on trademarks, copyright and other applicable terms.
13. Warranties You Make to Coolsan Australia
13.1 You represent and warrant to Coolsan Australia that Coolsan Australia will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
13.2 Subject to any rights you have under any consumer protection law, Coolsan Australia excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. You are entitled to certain rights under consumer protection law that cannot be excluded.
13.3 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 (if any) that you cause or contribute to the loss or damage.
14. Termination
14.1 Coolsan Australia reserves the right to, at its discretion, terminate the agreement for the supply of Goods to you and your use of the Website:
(a) for convenience, at any time, upon provision of notice to you;
(b) immediately if Coolsan Australia reasonably believes that you have breached these Terms and:
(i) that breach is not capable of remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
15. Use of Our Name
15.1 You will not use the name of Coolsan Australia or its logo in advertising, stationery, business cards or literature without the prior approval of Coolsan Australia other than in the case of material supplied by Coolsan Australia to you.
16. General
16.1 Coolsan Australia reserves the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time of Order are those that govern your relationship with Coolsan Australia with respect to that Order.
16.2 Coolsan Australia may give notice to you by electronic mail. You may give notice to Coolsan Australia by electronic mail via info@coolsan.com.au
16.3 Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
16.4 A failure or delay by Coolsan Australia to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Coolsan Australia does not preclude its future exercise or the exercise of any power or right.
16.5 A reference to a clause is a reference to a clause of these Terms.
16.6 The laws of South Australia, Australia govern this agreement. Your transaction is deemed to have taken place in Adelaide, South Australia.