Terms and Conditions
Terms of Service
Welcome to Cozy Nest Comfort, operated by Hope Heaven Pty Ltd (ABN: 99 671 497 144), PO Box 267, Taigum QLD 4018, Australia. By accessing or using our website at www.cozynestcomfort.com, you agree to be bound by these Terms of Service. Please read them carefully before placing an order or using our site.
We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of our website after changes are published constitutes your acceptance of the revised terms.
Topics Covered in These Terms of Service
- 1. Overview
- 2. Eligibility
- 3. Products, Pricing and GST
- 4. Product Images and Descriptions
- 5. Stock Availability
- 6. Pricing Errors
- 7. Orders and Payment
- 8. Our Right to Cancel or Refuse Orders
- 9. Shipping
- 10. Returns and Refunds
- 11. Australian Consumer Law
- 12. Warranty Disclaimer
- 13. Intellectual Property
- 14. Prohibited Activities
- 15. Limitation of Liability
- 16. Indemnification
- 17. Force Majeure
- 18. Account Suspension and Termination
- 19. Third-Party Links
- 20. Governing Law
- 21. Contact Us
1. Overview
Cozy Nest Comfort is an online retail store selling a range of products including handbags, beauty products, pet supplies, and gadgets. Our website is built and hosted on the Shopify platform.
Products sold through our store are sourced from international suppliers and may be dispatched from locations outside Australia, including from warehouses in China and other countries, as well as from third-party logistics providers with Australian distribution facilities. By placing an order, you acknowledge and accept this fulfilment model.
2. Eligibility
By using our website and placing an order, you confirm that:
- You are at least 18 years of age
- You are located in Australia
- You are providing accurate, current, and complete information
- You have the legal authority to enter into a binding agreement
3. Products, Pricing and GST
All prices displayed on our website are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST) where applicable. Shipping costs are shown separately at checkout.
We reserve the right to modify product prices at any time without prior notice. Price changes will not affect orders that have already been confirmed.
4. Product Images and Descriptions
We make every effort to ensure that product descriptions, images, and specifications are accurate. However, we do not warrant that all product descriptions, images, pricing, or other content on our website is complete, accurate, reliable, current, or error-free.
Product images are for illustrative purposes only. Due to differences in photographic lighting, camera settings, and individual monitor or screen display settings, the actual colour, shade, texture, or finish of a product may vary slightly from what is shown on our website. We do not offer refunds or returns based solely on minor colour or appearance variations of this nature.
Product dimensions and weights are approximate. Minor variations may occur due to manufacturing tolerances.
5. Stock Availability
Product availability is subject to change without notice. While we endeavour to keep our website up to date, some items may become unavailable after your order is placed due to supplier stock limitations.
If an item you have ordered becomes unavailable, we will notify you as soon as possible by email and offer you either:
- A full refund to your original payment method, or
- A substitute product of equal or greater value (at your discretion)
We are not liable for any loss or inconvenience caused by an item being out of stock after an order has been placed.
6. Pricing Errors
In the event that a product is listed at an incorrect price due to a typographical error, system error, or other mistake, we reserve the right to cancel any orders placed at the incorrect price, even after an order confirmation has been sent. We will notify you promptly and issue a full refund if payment has already been processed. We are not obligated to honour any order placed at an erroneously listed price.
7. Orders and Payment
When you place an order, you are making an offer to purchase the product at the listed price. We reserve the right to accept or decline any order at our discretion. An order is only confirmed when you receive an order confirmation email from us.
Payment must be made in full at the time of checkout. We accept major credit cards and other payment methods as displayed at checkout. All transactions are processed securely by our PCI-compliant third-party payment providers. We never store your full credit card details.
By submitting an order, you represent that the payment information you provide is accurate and that you are authorised to use the payment method submitted.
8. Our Right to Cancel or Refuse Orders
We reserve the right to refuse or cancel any order at any time for reasons including but not limited to:
- Product unavailability or supplier fulfilment issues
- Errors in product description or pricing
- Suspected fraudulent, unauthorised, or suspicious activity
- Failure to meet eligibility requirements
- Inability to verify payment or delivery information
If we cancel your order after payment has been processed, we will issue a full refund to your original payment method. We are not liable for any loss, inconvenience, or damage resulting from a cancelled order.
9. Shipping
We ship to Australian addresses only. Shipping costs, estimated delivery timeframes, and other shipping information are detailed in our Shipping Policy.
Delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs authorities, supplier dispatch times, or other circumstances outside our direct control. We will not be liable for any loss or damage resulting from delayed delivery.
10. Returns and Refunds
Our returns and refund practices are outlined in our Return & Refund Policy. We accept refund requests within 14 days of the date of receipt, subject to the conditions described in that policy. We do not offer exchanges or change of mind returns.
11. Australian Consumer Law
Our products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). 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 goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms limits your rights under the ACL.
12. Warranty Disclaimer
To the maximum extent permitted by applicable law and except as required under the Australian Consumer Law, our website and products are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.
13. Intellectual Property
All content on this website — including but not limited to text, product descriptions, images, logos, graphics, and page layouts — is the property of Hope Heaven Pty Ltd or its content suppliers and is protected by Australian and international copyright and intellectual property laws.
You may not reproduce, distribute, republish, upload, post, transmit, or otherwise use any content from this website without our express written permission. You may not use any automated tools, bots, scrapers, or data extraction methods to collect information from our website.
14. Prohibited Activities
By using our website, you agree not to:
- Use our website for any unlawful, fraudulent, or malicious purpose
- Submit false, inaccurate, or misleading information
- Attempt to gain unauthorised access to any part of our website or systems
- Use automated tools, bots, or scrapers to access or collect data from our website
- Interfere with or disrupt the operation of our website or servers
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Engage in any activity that could harm, disable, or overburden our website infrastructure
- Use our website to transmit spam, unsolicited communications, or malware
- Violate any applicable Australian or international laws or regulations
We reserve the right to terminate your access to our website immediately and without notice if we believe you have violated any of these prohibitions.
15. Limitation of Liability
To the maximum extent permitted by law, Cozy Nest Comfort and Hope Heaven Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website, products, or services, including but not limited to loss of profit, loss of data, loss of goodwill, or business interruption.
We are not liable for any delays, failures, or errors caused by third-party suppliers, logistics providers, carriers, customs authorities, or payment processors.
Our total liability to you for any claim arising out of or in connection with these Terms or your purchase shall not exceed the amount paid by you for the product(s) in question.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
16. Indemnification
You agree to indemnify, defend, and hold harmless Hope Heaven Pty Ltd, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:
- Your use of or access to our website
- Your breach of these Terms of Service
- Your violation of any applicable law or the rights of any third party
- Any content you submit or transmit through our website
17. Force Majeure
We will not be held liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:
- Natural disasters, floods, fires, earthquakes, or severe weather events
- Pandemics, epidemics, or public health emergencies
- Industrial disputes, strikes, or labour shortages
- Customs delays, import restrictions, or government actions
- Supplier or carrier failures outside our control
- Internet outages, cyberattacks, or technical failures beyond our reasonable control
In such circumstances, we will notify you as soon as practicable and take reasonable steps to minimise the impact on your order.
18. Account Suspension and Termination
We reserve the right to suspend or terminate your account and access to our website at any time, with or without notice, for any reason including but not limited to breach of these Terms, fraudulent activity, or behaviour that we determine to be harmful to our business, other customers, or third parties.
Upon termination, your right to use our website ceases immediately. Any outstanding orders at the time of termination will be assessed on a case-by-case basis. We are not liable to you or any third party for any termination of your access.
19. Third-Party Links
Our website may contain links to third-party websites provided solely for your convenience. These links do not constitute endorsement of those websites or their content. We have no control over third-party websites and accept no responsibility for their content, practices, or privacy policies. Your use of any third-party website is at your own risk.
20. Governing Law
These Terms of Service are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland for the resolution of any disputes arising from these Terms or your use of our website, except where the Australian Consumer Law provides otherwise.
21. Contact Us
If you have any questions about these Terms of Service, please contact us:
- Email: contact@cozynestcomfort.com
- Phone: 0414 340 167
- Postal address: PO Box 267, Taigum QLD 4018, Australia
- Business: Hope Heaven Pty Ltd (ABN: 99 671 497 144) trading as Cozy Nest Comfort
