About us

Welcome to Cool Stuff 2 Buy – the place to buy fun, interesting, exciting and yes maybe useless COOL stuff!

We are an Australian owned company specializing in unique, interesting and cool stuff to buy! Our products are sourced carefully from Australian suppliers and we ensure they are of high quality and affordable in price as well as being backed by Australian warranties.

Our products make great presents for all your friends and family, there is something here for everyone, young and old. We try to bring in new types of products all the time so keep checking back every now and then to see what’s the latest and greatest.

We understand the importance of providing excellent customer service so you can trust us to provide premium customer satisfaction. If you have any questions, please do not hesitate to contact us.

Shipping guide

Shipping Guide

Orders are generally shipped from our distribution centre, which is located in Melbourne, the next day after full payment is received.

CoolStuff2Buy is working with three couriers to provide the most efficient delivery service with the most reasonable price and quickest service.

Australia post

 Item that weighs 22 kg or less will be dispatched with eParcel that is Australia Post’s Internet enabled freight system.

Each parcel will carry a barcoded address label and you will be able to view the location of
your item at various points in the delivery process via Australia Post’s online tracking tool.

When your order is dispatched, you will be given a consignment number.
You can use the number to track your order at the Australia Post’s website.

The below table is for your reference to Australia Post’s expected delivery time.

Sending parcels within the same state
Service Posted for delivery Delivery by (business day after posting)
Regular parcel Within metropolitan areas of capital cities,
or within the same city or town or environs
3-4 days
Between a metropolitan area of a capital city and
country locations
3-4 days
Between country locations 4-5 days
Sending parcels to other states
Service Posted for delivery Delivery by (business day after posting)
Regular parcel Between Melbourne / Sydney;
Melbourne / Canberra;
Melbourne / Adelaide
3-5 days
(between metropolitanareas)
Melbourne / Brisbane;
Melbourne / Tasmania;
4-8 days
(between metropolitan areas)
To other interstate locations Please ask at your local

Please visit http://auspostcom.au/track/ and use the tracking number given to track your item.

fastway couriers

For item that weighs below 22kg with a lower cost than eParcel, the item will be dispatched with Fastway. You will receive an email confirmation of your order including a tracking number, as soon as your orders are dispatched. Fastway provides reliable courier distribution service across Australia. Their comprehensive fleet and professional team will ensure items delivered safely to your door.

Parcels dispatched with Fastway are collected from our premises on a daily basis. Each parcel will carry a barcoded address label and you will be able to view the location of your item at various points in the delivery process via Fastway’s website.

A non- PO Box address is required for Fastway’s delivery. If you fail to provide the correct information, your parcel will not be dispatched until the accurate information is received by our customer service team.

To track item that is dispatched width Fastway,please visit http://www.fastway.com.au and use the given tracking number.

allied express

Parcel that weighs over 22 kg will be dispatched with Allied Express. Allied Express is the biggest and independently owned courier company in Australia with offices in all major mainland capitals.

Each parcel will carry a barcoded address label and you will be able to track you items through the Allied Express website. Allied Express will contact you prior to delivery via SMS or phone number.

Allied Express requires consignment note and the postcode of the destination to track item at http://alliedexpress.com.au/ or call 131373 for more queries.

Toll

Parcel with weigh less than 30kg can be dispatched with Toll. Toll is a major integrated logistics provider with an Asia Pacific focus. They provide safe, secure transport services.

Each parcel will carry a barcoded address label and you will be able to track you items through the Toll website.

A non- PO Box address is required for Toll’s delivery. If you fail to provide the correct information, your parcel will not be dispatched until the accurate information is received by our customer service team.

If the delivery is missed, you should receive a card with instructions on how to find your parcel. You can visit Toll website to arrange a re-delivery.

With the tracking number, you can track the parcel anytime at https://www.tollgroup.com/tools/mytoll

Undeliverable Packages

In the unlikely event that your parcel is returned to us, our customer service representative will contact you via email.

Inaccurate address

If there are any address discrepancies with your order the product is returned us, a customer care team
member will be in touch.A re-delivery cost will occur for any products that are returned to us.

Unsuccessful Delivery Attempt

If no one is present when the order arrives and it is being delivered by Australia Post, a notification will be left in the mail box for you to pick
up your parcel in your local Post Office. If your item is delivered by Fastway or Allied Express, arrangement will be made in advance to ensure
your item to arrive at your door at your convenience. A re-delivery cost will occur if you are not home at the arranged time.

Rejected by Receiver

If your item is a gift, please ensure the receiver knows about it to avoid parcel rejection. A re-delivery cost will occur if parcel has to be resent.

The expected time delivery given by each courier is for reference only. Delivery might take longer than expected due to various
reasons. If you do not receive your item within 10 business days, please contact our customer service team.

Pick up or arranging your own courier is not available at our warehouse to ensure our distribution centre can dispatch all goods efficiently at all times.

Undeliverable Postcodes

Due to the limited access of our carriers, there are certain postcodes that we are unable to deliver to. Please refer to the list below for more details.

We try our best to include all the undeliverable postcodes on the list, however, there are still a few postcodes that are undeliverable for some SKUs. Orders with no shipment service will be cancelled and refunded automatically.

Please kindly contact our customer service for more information if you need the item to be delivered to the remote areas to ensure your order could be processed successfully.

All items
State Postcode Suburb
SA 5701 WOOLUNDUNGA
WA 6740 DRYSDALE RIVER
WA 6740 MITCHELL PLATEAU
WA 6740 OOMBULGURRI
WA 6740 KALUMBURU
WA 6740 PRINCE REGENT RIVER
WA 6740 WYNDHAM
WA 6743 WARMUN
WA 6743 CAMBRIDGE GULF
WA 6743 LAKE ARGYLE
WA 6743 DURACK
WA 6743 GIBB
WA 6743 KUNUNURRA
TAS 7151 HEARD ISLAND
TAS 7151 DAVIS
TAS 7151 MAWSON
TAS 7151 MACQUARIE ISLAND
TAS 7151 MCDONALD ISLANDS
TAS 7151 CASEY
Bulky items
State Postcode
NT 0800-0999
NSW 2641,2717, 2831, 2898, 2899
QLD 4184, 4421,4450-4499, 4680, 4700-4805, 9920-9959
QLD 4806-4899, 4900-4999, 9960-9999
SA 5701
WA 6055
TAS 7151
WA 6215-6699
WA 6700-6799
warranty & returns

Refunds & Exchanges

Unfortunately we do not provide refunds or exchanges for change of mind. We may be able to offer refunds in certain cases on a case-by-case basis depending on the individual case and circumstance at the time. If you don’t wish to keep a purchase, you may want to try selling it on eBay or a classifieds site for profit. Many of our buyers are reporting great success with buying items and then reselling for profit. Please do not attempt to return anything to us without contacting us first as a refund will not be provided unless approved by us.

Warranty

Cool Stuff 2 Buy generally offers a 12 month warranty to all products, unless stated otherwise. Some products will be provided with extended warranty for your peace of mind. Please refer to the product listing for warranty period. In order to claim your warranty your must have a copy of your proof of purchase email or any kind of proof showing that the item from purchased from us

Damaged Items

You are required to notify Cool Stuff 2 Buy within 7 working days in the unlikely event that the item arrives damaged or faulty. In addition to a detailed description, you are required to provide images (or a short video clip if more appropriate) of the damage in order to proceed with the warranty process. Once assessed and approved by our customer service team, you will be contacted to proceed with the replacement process. Please do not attempt to return the item without our approval.

To make a claim, you must provide us with a copy of your proof of purchase email or any kind of proof showing that you purchased the item from us. You need to also describe the problem precisely and provide evidence to support your claim, and we will work with you to resolve by offering either a replacement or a repair.

A replacement will not be provided if products are being misused, mishandled or mistakenly installed. Customers are responsible for following the instructions and advice given by the manufacturers.

Incorrect Orders

We process your orders as soon as they are received to ensure you get your orders as soon as possible. So in the event that you have made an order in error or have had a change of mind and wish to cancel, we cannot guarantee that we can cancel the order in time as it may have already gone out for delivery. What will then happen is that you can choose to reject the delivery once it comes and have it sent back to our warehouse, then once the item is safely back in our warehouse we will refund you for the item minus a restocking fee (TBC depending on item).

Incorrect Details On Order

In the event that you’ve put the wrong name or address on your name we are unable to assist you once it leaves the warehouse so please let us know as soon as possible if you realise your mistake. Once it leaves our warehouse, we will advise you of the courier and it is then your responsibility to contact the courier regarding the incorrect name or address and discuss with them a way forward with them. We do not take any responsibility for lost or missing items due to incorrect address or names you have provided on your original order.

Terms & Conditions

Your use of the website constitutes your agreement to follow and be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use the website.

PICTURES: Colours of products may appear slightly different via this website than actual item due to computer picture resolution and individual monitor settings. Also certain items made from natural materials such as wood cannot be exactly the same colours and patterns as the website because every item is made with a different tree.

1. DEFINITIONS

1.1 In these Terms and Conditions the following terms shall have the meanings set out below:

ACL means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Amount Payable means at any time all amounts payable to Cool Stuff 2 Buy, whether or not those amounts have become due for payment under these Terms and Conditions, in connection with the Goods or the Contract, including without limitation any invoiced amounts, interest, fees, costs or expenses.

Contract means the Terms and Conditions and for a Purchase Order, the relevant Purchase Order Acknowledgement.

Customer means the customer specified in the Purchase Order, the person placing the Order or on whose behalf the Order is placed with Cool Stuff 2 Buy.

Cool Stuff 2 Buy means New Cool Stuff 2 Buy ABN 34 297 542 192 and any related body corporates (within the meaning of section 50 of the Corporations Act 2001 (Cth)) as specified in the Purchase Order.

Goods means any goods, products, services or materials supplied or to be supplied by New Aum at any time and from time to time, including without limitation any goods specified in a Purchase Order, Purchase Order Acknowledgement or invoice.

GST means any goods and services tax imposed on the Supply pursuant to the GST Law.

GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

PPSA means the Personal Property Securities Act 2009 (Cth).

Purchase Order means an order or offer to purchase Goods.

Purchase Order Acknowledgement is defined under clause 2.1(a).

Terms and Conditions means the terms and conditions set out in this documents, as modified or amended in relation to a particular Purchase Order.
2. BINDING TERMS AND CONDITIONS

2.1 Purchase Order, Purchase Order Acknowledgement and Terms and Conditions
(a) A Purchase Order or an offer to purchase can be made by the Customer from time to time, however the Purchase Order shall be deemed accepted when the Customer receives an acknowledgement of the Order from Cool Stuff 2 Buy or delivery of the relevant Goods, whichever first occurs (“Purchase Order Acknowledgement”).
(b) The Terms and Conditions apply to every Purchase Order, unless otherwise agreed in writing by Cool Stuff 2 Buy.
(c) The Customer acknowledges that the Terms and Conditions constitute a security agreement and that Cool Stuff 2 Buy may register a financing statement in respect of the security interests provided for under these Terms and Conditions.
(d) By submitting a Purchase Order to the Company, the Customer hereby agrees and acknowledges that it accepts and ratifies the Terms and Condition apply and are being binding on the Customer.

2.2 Contract
(a) The Contract shall comprise of the following documents, in order of precedence:
(i) Purchase Order and Purchase Order Acknowledgements;
(ii) These Terms and Conditions; and
(iii) Any other document which is attached to, or incorporated by reference in, the Purchase Order or these Terms and Conditions.
(b) The Contract constitutes the entire agreement between Cool Stuff 2 Buy and the Customer with respect to the Purchase Order. Any and all prior negotiations, proposals, previous dealings, correspondence, trade custom and/or trade usage are superseded by and will not affect the interpretation of the Contract.
(c) If at any time in relation to a Purchase Order, the Customer provides, refers to, submits or otherwise uses terms and conditions other than the Terms and Conditions, such terms and conditions will not form part of or be incorporated into the Contract.

2.3 Entire Agreement
(a) The Contract contains the entire agreement between Cool Stuff 2 Buy and the Customer with respect to its subject matter and supersedes all prior communications and negotiations between Cool Stuff 2 Buy and the Customer in this regard, save where such communications expressly form part of the Contract.
(b) A Purchase Order is accepted by the Customer to the exclusion of any terms stated on any of the Customers documents including its terms and conditions, quotations, proposal, offer, acknowledgement, confirmation, invoice or any other written instrument, unless specifically expressly agreed to in writing signed by a duly authorised representative of both parties.
(c) The Customer and/or a person duly authorized to sign for and on behalf of the Customer and whom is capable of binding the Customer to the agreements herein must sign the Terms and Conditions where indicated.
(d) By signing the bottom of these Terms and Conditions, the Customer warrants to Cool Stuff 2 Buy that:
(i) they have read and understood these Terms and Conditions; and
(ii) if and where they deem necessary or required obtained independent legal and/or accounting advice (or at least availed themselves the opportunity to do so).

3. GOODS

3.1 Fitness for Purpose
(a) Except as expressly provided to the contrary in the Contract, all representations, warranties, guarantees and implied terms or conditions in relation to the Goods (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
(b) The Customer agrees that if it is aware (or should be aware) that the Goods, the subject of a Purchase Order, are for a particular purpose or are required to possess special or uniform characteristics, the Customer will clearly specify that purpose or those characteristics in any such Purchase Order to assist Cool Stuff 2 Buy in providing guidance as to the type of Goods the Customer is to purchase.
(c) Notwithstanding any other provision contained herein, the Customer agrees that, unless expressly agreed by Cool Stuff 2 Buy in writing, it has made its own enquiries in relation to the suitability of the Goods and does not rely on representations
Terms and Conditions of Supply of Goods Version: July 2014
by Cool Stuff 2 Buy in relation to their suitability for a particular purpose or any steps may need to be taken in relation to their use.

3.2 Representations
Subject to clause 3.3 Cool Stuff 2 Buy will use its reasonable endeavours to:
(a) supply Goods having the grade of material specified in the Purchase Order and/or Purchase Order Acknowledgment (if applicable); and
(b) ensure that any grade of material as specified in the Purchase Order Acknowledgment will, unless otherwise agreed, be in accordance with applicable Australian Standards and/or as detailed in any current, relevant price schedules, product handbooks or other product literature of Cool Stuff 2 Buy, including manufacturer warranties.

3.3 Standard Grade
Unless otherwise agreed in writing:
(a) all Goods will be supplied and delivered in accordance with Cool Stuff 2 Buy’s standard practice and shall be subject to Cool Stuff 2 Buy’s normal tolerances, limitations and variations of the following: dimension, weight, shape, composition, mechanical properties, structure, quality and service conditions;
(b) any statements made by Cool Stuff 2 Buy as to weight, length, quantity or other characteristics of Goods are approximate and Cool Stuff 2 Buy may supply Goods on an actual or calculated basis (calculated in accordance with applicable Australian standards); and
(c) Cool Stuff 2 Buy’s statements as to weight, length, quantity or other characteristics are final (in the absence of manifest error) and will not be contested by the Customer unless the Customer has given Cool Stuff 2 Buy written notice of any error within 14 days of delivery and a reasonable opportunity to examine and re-test the Goods before they are used or dealt with.

4. PRICE

4.1 Purchase Price
(a) Unless otherwise agreed in writing, the purchase price charged for the Goods shall be the prevailing price listed by Cool Stuff 2 Buy as at the date on which the Purchase Order is submitted by the Customer (“Purchase Price”).
(b) Cool Stuff 2 Buy may at liberty vary the Purchase Price of the Goods from time to time, without further notice to the Customer. It is the Customer’s obligation to ensure they are aware of the prevailing price at the time of their Purchase Order.

4.2 GST
(a) Unless where otherwise stated or agreed in writing, the Purchase Price shall include GST, if applicable, as well as any identified or new transaction taxes that come into existence after the effective date of the Terms and Conditions.
(b) Where GST is payable on a Purchase Order, the Customer must pay to Cool Stuff 2 Buy an additional amount equal to the GST, on or around the date on which the Purchase Order was submitted.

5. PAYMENT TERMS

5.1 Method of Payment
Unless where otherwise provided in the Contract, all payments made to Cool Stuff 2 Buy by the Customer in relation to the performance of the Supply must be made in Australian currency.

5.2 Invoices
(a) Cool Stuff 2 Buy shall render an invoice to the Company in relation to the provision of the Supply upon submission of the Customer’s Purchase Order (“Invoice”).
(b) Each Invoice must be in an acceptable form and must contain the following information:
(i) the number of the Purchase Order to which the Invoice relates;
(ii) a brief description of the Supply including description of Goods, quantities, unit prices, GST payable; and
(iii) the costs of delivery and transportation of the Goods to the nominated destination pursuant to the Purchase Order, including the costs of any taxes, customs, charges and/or duty fees on the import or export of the Goods under the laws of the relevant delivery destination.
(c) Subject to the terms of the Contract, the Customer must pay the outstanding balance of the Invoice upon making a Purchase Order and/or within the stipulated payment terms contained therein.
(d) It is acknowledged that due and punctual payment is not of the essence, however where the Invoice relating to the Supply remains outstanding:
(i) Cool Stuff 2 Buy may not provide a Purchase Order Acknowledgement; and
(ii) Cool Stuff 2 Buy will not commence dispatch and delivery of the Goods pursuant to a Purchase Order, until payment is actually received.

5.3 Disputed Invoice
Where there is a dispute of any amount shown on the Invoice or the Customer discovers any errors or exceptions relating to its invoicing of the Supply, the parties agree to cooperate in good faith to resolve the dispute or error.

6. DELIVERY, TITLE AND RISK

6.1 Delivery
(a) Cool Stuff 2 Buy will make all reasonable efforts to have the Goods delivered to the Customer or its designated agent as agreed between the parties pursuant to the Purchase Order on or before the estimated delivery date but Cool Stuff 2 Buy shall not be liable for:
(i) any failure to deliver; or
(ii) delay in delivery for any reason; or
(iii) any damage or loss due to unloading or packaging; or except to the extent that such damage was caused by the negligent act or omission of Cool Stuff 2 Buy, including such damage to property caused upon entering premises to deliver the Goods.
(b) The parties acknowledge that any delivery date prescribed under the Purchase Order or Purchase Order Acknowledgement is an estimate of the expected delivery time and in any interpretation is not a guaranteed delivery time.
(c) Cool Stuff 2 Buy (and or its agents) shall provide updates to the Customer with respect to the delivery time, dispatch dates and/or expected arrival dates, if and where reasonably possible to do so.
(d) Any costs incurred by Cool Stuff 2 Buy due to any failure by the Customer to accept the Goods at time of delivery will be reimbursed by the Customer to Cool Stuff 2 Buy.
(e) Except as required by law, Cool Stuff 2 Buy will be under no obligation to accept Goods returned for any reason.

6.2 Title
Full unencumbered title to each Good shall pass to Cool Stuff 2 Buy upon the earlier of the Customer making payment in full to Cool Stuff 2 Buy for the Goods.

6.3 Risk
Risk in the Goods shall remain with the Customer on and from the date of receiving a Purchase Order Acknowledgement.

7. PACKAGING, DESPATCH AND TRANSPORT

7.1 Customer Responsible
(a) Unless otherwise agreed in writing between the parties, Cool Stuff 2 Buy shall be responsible for packing and transporting the Goods to the delivery destination set out in Purchase Order, at the cost and expense of the Customer.
(b) Where the Goods are shipped, carried or transport in the course of delivery by the Customer or a third party by road, rail, sea or air (“Shipment”), each Shipment must contain a packing list stating the contents and the Purchase Order number. Where no packing list is included with the Goods, Cool Stuff 2 Buy’s count of the Goods shall be conclusive evidence of the Goods actually shipped.

7.2 Preparation for transport
Cool Stuff 2 Buy must pack and protect all Goods ready for dispatch in accordance with best practice having regard to methods of carriage and handling and to the weather conditions through which the Goods will pass whilst being transported, and, in a manner to secure the lowest transportation cost.

7.3 Shortages
(a) The Customer will inspect and check all Goods received as soon as practicable upon unloading.
(b) No claim by the Customer for shortages of Goods may be made unless such claim is notified to Cool Stuff 2 Buy with in48 hours of such inspection.
(c) Cool Stuff 2 Buy will endeavour to rectify any shortages as soon as practicable after receiving notice but will not be liable for or in respect of such rectification.

8. DUTIES AND OBLIGATIONS OF THE CUSTOMER

8.1 Role of the Customer
The parties agree and acknowledge that the Customer may only purchase the Goods for the sole and exclusive purpose of wholesale or retail sale and distribution to a third party.

8.2 Recommended Retail Price
(a) In consideration of the Good markets of the Goods and each of the Customer’s and Cool Stuff 2 Buy’s ability to be competitive in such markets, Cool Stuff 2 Buy have provided each Customer with a list of recommended retail prices (“RRP”) of each Good, indicating the minimum floor price Cool Stuff 2 Buy recommends the Customer to resell the Goods.
(b) The parties agree and acknowledge that the RRP list is a mere recommendation of the resale price of the Goods. Under no interpretation can the provision of the RRP list to each of the Customers be construed as an enforceable undertaking against each Customer to resell the Goods at the RRP list price.

8.3 Positive undertakings
In entering into this Contract and making or submitting Purchase Orders for the Supply of Goods, the Customer undertakes to Cool Stuff 2 Buy that it will:
(a) act as the Customer of the Goods dutifully and in good faith and in the best interests of maintaining the goodwill of the Goods;
(b) act diligently to promote and protect the interests of Cool Stuff 2 Buy concerning the Supply of the Goods and the profile of the Goods generally;
(c) conduct business in a manner that reflects favourably at all times on the Goods;
(d) avoid deceptive, misleading, or unethical practices that are or might be detrimental or disparaging of or to the Goods, members of the public, Cool Stuff 2 Buy and any of its related entities or authorized dealers;
(e) not knowingly make a false or misleading representations with regard to Cool Stuff 2 Buy or the Goods;
(f) refrain from knowingly publishing or employing any misleading or deceptive advertising material;
(g) refrain from knowingly making any false or unauthorized representations, warranties, or guarantees with respect to the specifications, features, or capabilities of the Goods;
(h) comply with any reasonable directives or instructions given by Cool Stuff 2 Buy in relation to any promotional activities concerning the nature, type, quality, characteristics, fitness for purpose, suitability, use and description of the Goods;
(i) communicate promptly to Cool Stuff 2 Buy:
(ii) any third party complaints made to the Customer concerning the Goods;
(iii) any material market intelligence gathered by or known to the Customer concerning the Good, competitors of Cool Stuff 2 Buy, the competing goods or services supplied in the Territory and the economic conditions prevailing in the Territory;
(j) comply with the laws in force in the country of domicile of the Customer relating to marketing and the distribution of the Goods including without limitation, the laws concerning product registration, fair trading, consumer protection, product liability, and product and safety standards;
(k) subject to clause 8.2 comply with the overall pricing objectives of Cool Stuff 2 Buy and not undermine the integrity or otherwise of such pricing objectives by employing either inflated or deflated Product prices;
(l) maintain at its own expense all appropriate forms of insurance cover for the sale and application of the Goods;
(m) promptly remit to Cool Stuff 2 Buy any moneys of Cool Stuff 2 Buy or owing to Cool Stuff 2 Buy and secure any approval, authority or permit from any competent authority for any such remittance. Nothing prevents the Customer from depositing those moneys in any bank account nominated by Cool Stuff 2 Buy (whether in the Territory or in another place); and
(n) do all things necessary and required with respect to the Goods upon the reasonable direction of Cool Stuff 2 Buy from time to time.

8.4 Negative Undertakings
The Customer undertakes to Cool Stuff 2 Buy that it will not:
(a) represent itself as the agent of Cool Stuff 2 Buy for the Supply of the Goods or of any other goods or services (unless Cool Stuff 2 Buy consents to this);
(b) pledge the credit of Cool Stuff 2 Buy for any purpose;
(c) retain any moneys of Cool Stuff 2 Buy except on a trustee or fiduciary basis;
(d) knowingly and intentionally make any false or misleading statement to any supplier or service provider to the Customer or its business about the Goods or the liability of Cool Stuff 2 Buy for the cost of any goods or services supplied to the Customer or its business; and
(e) incur any liability or assume any obligation on behalf of Cool Stuff 2 Buy.

9. LIMITATION OF LIABILITY

9.1 Limitation of Liability
(a) Cool Stuff 2 Buy’s liability to the Customer (and any party claiming through the Customer against Cool Stuff 2 Buy) for any claim for loss or damages (including legal expenses) made in connection with the Contract (including the supply of Goods described in the Contract) whether in contract, tort (including negligence), under statute, in equity or otherwise shall be strictly limited as follows (except to the extent that the law prohibits such a limitation):
(i) for any liability arising from Goods not meeting the specification or which are said to be otherwise defective or deficient, Cool Stuff 2 Buy’s liability is limited to the cost of replacement of those Goods as soon as reasonably practicable, or the repair of those Goods or the repayment (or allowance) of the Purchase Price of those Goods (at the option of Cool Stuff 2 Buy);
(ii) for any liability arising from the services forming part of the Goods not meeting the scope

9.2 Consequential Loss
(a) Cool Stuff 2 Buy may hold the Customer liable, to the maximum extent permitted by law, for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods it supplies, where “indirect, special or consequential loss or damage” includes:
(i) any loss of income, profit, production, contract, customers, business opportunity or business;
(ii) any loss of goodwill or reputation;
(iii) any loss or damage resulting from the loss or damage to goods other than the Goods.

9.3 Defective Goods
(a) Any claim by the Customer in respect of defective, non-conforming or damaged Goods must be made in writing within 14 days of the delivery of the Goods, unless a longer period is expressly agreed to by Cool Stuff 2 Buy in writing.
(b) Despite any other provision of the Contract, Cool Stuff 2 Buy is not liable, to the maximum extent permitted by law, for:
(i) the cost of removal of Goods not meeting the specification or which are said to be otherwise defective or deficient, whether installed or otherwise;
(ii) the cost of installation of replacements for Goods not meeting the specification or which are said to be otherwise defective or deficient;
(iii) defects or deficiencies in Goods caused by improper installation or maintenance of Goods or related components or normal wear and tear and damage.

10. CONFIDENTIALITY

The Customer undertakes and agrees to hold in the strictest confidence all confidential information and not to disclose or permit or cause the confidential information to be disclosed to any person other than any of its personnel who require the Confidential Information for the purposes of providing the Supply, unless such information:
(a) becomes generally available to the public other than as a result of the breach of this clause 9; or
(b) is required to be disclosed in order to comply with relevant laws or legally binding order of a court or government agency.

11. PPS LAW

11.1 Definitions
Unless otherwise defined, capitalised words in this clause 8 have the same meaning as given to them in the Personal Properties Securities Act (2009) Cth (“PPSA”) where applicable.

11.2 Security Agreement
(a) The acceptance of a Purchase Order for the performance of the Supply, constitutes an act giving rise to a Security Agreement under the PPSA, whereby the Customer grants to and for the benefit of Cool Stuff 2 Buy a Security Interest in the due and punctual performance of such Security Agreements to the following extent and nature:
(i) a Security Interest over all the Customer’s present and after-acquired property in which the Customer can be a Grantor of a Security Interest including property in which the Customer has or may have in the future have, rights or the power to transfer rights, proceeds and any   retention of title property (“PPSA Personal Property”); and
(ii) a fixed charge over all present and after acquired property of the Customer that is not PPSA Personal Property;
(b) In granting the Security Interest pursuant to clause 11.2(a), the Customer acknowledges and confirms that:
(i) Cool Stuff 2 Buy has given value for the Security Interest in the PPSA Personal Property as Collateral, including by its promises under this Contract;
(ii) nothing in this Contract is intended as an agreement by the Parties that a Security Interest Attaches at a later time than the time specified in section 19(2) of the PPSA; and
(iii) it has not made any other agreement with Cool Stuff 2 Buy to vary the time of Attachment of a Security Interest except in any express written agreement between Parties.
(c) The Customer must upon request by Cool Stuff 2 Buy do anything (including but not limited to obtaining consents or executing a new Security Agreement) for the purposes of ensuring that any Security Interest granted under the Contract shall be enforceable, perfected, maintained and otherwise effective.

11.3 Waiver of Notice
On and from the date of these Terms, the Customer waives its right to receive:
(a) a copy of, or notice of, any Verification Statement confirming Registration of a Financing Statement or a Financing Change Statement relating to any Security Interest under or provided for by this clause; and
(b) a notice of Cool Stuff 2 Buy’s proposal to retain PPSA Personal Property under section 135 of the PPSA.

12. FORCE MAJEURE
Neither party shall be liable for delays or defaults due to acts of God, acts of governmental war, fire, flood, strikes, or other causes beyond its control, provided that in any event Cool Stuff 2 Buy may terminate this Contract as to all or any outstanding portion of the Supply.

13. INSURANCE
If the Customer believes reasonably and necessary, the Customer will, may obtain insurance for and in respect of the Goods, including without limitation public liability insurance and professional indemnity insurance. Cool Stuff 2 Buy, at its option, shall be named as an additional insured under all such coverages other than workers’ compensation insurance.

14. INDEMNITY

14.1 Customer to indemnify Cool Stuff 2 Buy
The Customer agrees to indemnify and hold harmless Cool Stuff 2 Buy and its Personnel from any costs, expenses, losses, damages, claims, actions or liabilities (“Liabilities”) that Cool Stuff 2 Buy may directly or indirectly suffer, sustain or incur, arising from any one or more the following:
(a) the breach by the Customer of any of the Customer’s obligations, including any warranty, under the Contract;
(b) any negligent act or omission or wilful misconduct by the Customer arising out of the performance of the Contract;
(c) any claim made against Cool Stuff 2 Buy by any third person arising out of or alleged to arise out of the Supply, including claims relating to the use of any Goods by the Customer or third persons; and
(d) all claims, expenses, and judgments based upon any actual or alleged infringement of any patent, trademark, or copyright relating to any Goods unless such claim arises out of non-compliance by the Customer of Cool Stuff 2 Buy’s specifications.

14.2 Continuing Indemnity
Each indemnity in the Contract is a continuing obligation separate and independent from the Customer’s other obligations and survives the termination of the Contract.

15. NO FAULT TERMINATION

(a) Cool Stuff 2 Buy may at any time, without cause, terminate the Contract or any part of it by giving the Customer thirty (30) days’ prior written notice of its intention to do so (“Termination Notice”).
(b) Upon receipt of a Termination Notice, the Customer must:
(i) immediately pay any outstanding amounts due and payable to Cool Stuff 2 Buy from time to time;
(ii) return all Confidential Information belonging to Cool Stuff 2 Buy issued to the Customer, including copies of its Contracts; and
(iii) take any necessary action as Cool Stuff 2 Buy may reasonably require.

16. CUSTOMER DEFAULT

16.1 Event of Default
An event of default includes:
(a) a breach by the Customer of any term or provision of this Contract;
(b) any voluntary or involuntary administration of the Customer including but not limited to entering into Deed of Company Arrangement or being issued insolvency proceedings by or against the Customer;
(c) the inability of the Customer to meet its obligations as they become due; or
(d) the appointment of a receiver for the Customer by any court of competent jurisdiction.

16.2 Default Notice
If the Customer commits an event of default described in clause 16.1, Cool Stuff 2 Buy may serve a notice of default (“Default Notice”) on the Customer requiring that:
(a) if the breach is capable of being remedied, for such breach to be remedied within fifteen (15) days of the date of the Default Notice; and
(b) if the breach is incapable of being remedied, then state that the Contract is wholly or partly terminated and without limiting its other rights, to cancel and terminate its Contract with the Customer as to any unfitted or unperformed portion thereof, without any liability to the Customer of any kind.

16.3 Rights on Default
Cool Stuff 2 Buy shall be entitled to take such action as it deems necessary and required to cure the default, whereby the cost of such action so taken by Cool Stuff 2 Buy shall be recoverable from the Customer as a debt due to Cool Stuff 2 Buy, including:
(a) treating a Purchase Order Acknowledgement or the whole of the Contract as repudiated and sue for breach of contract; and/or
(b) refuse or cease to supply any Goods to the Customer at all; and/or
(c) claim the return of any Goods in the Customer’s possession where title has not passed to the Customer or exercise any other right or remedy available to it under the Contract, the PPSA or any other applicable law, including to enforce the security interests created by the Contract; and/or
(d) by notice to the Customer declare all monies owing by the Customer to Cool Stuff 2 Buy on any account immediately due and payable (including the Amount Payable).

17. MISCELLANEOUS

17.1 Waiver
Except as expressly set out in the Terms and Conditions, a party waives a right under the Contract only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.

17.2 Severance
If any provision of this Contract shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

17.3 Further Assurances
Each of the Parties will sign, execute, deliver and do and will procure that each of its officers, employees and agents signs, executes, delivers and executes, all deeds, documents, instruments and acts reasonably required of it or them by notice from another party to effectively carry out and give full effect to this Contract and the rights and obligations of the Parties under it.

17.4 Assignment
No right or interest in this order shall be assigned, nor any obligation delegated by the Customer without Cool Stuff 2 Buy’s prior written permission.

17.5 Jurisdiction and Governing Law
All dealings between Cool Stuff 2 Buy and Customer shall be subject to the State of Victoria in the Commonwealth of Australia and the Customer agrees to submit to the non-exclusive jurisdiction of the Courts of Victoria in the Commonwealth of Australia.

17.6 Interpretation
In this Contract, unless the context otherwise requires:
(a) clause and subclause headings are for reference purposes only;
(b) the singular includes the plural and vice versa;
(c) a reference to a monetary amount is in Australian Dollars (AUD);
(d) words denoting any gender include all genders;
(e) reference to a person includes any other entity recognised by law and vice versa;
(f) where a word or phrase is defined its other grammatical forms have corresponding meaning;
(g) any reference to any agreement or document includes that agreement or document as amended at any time; and
(h) the use of the word includes or including is not to be taken as limiting the meaning of the words preceding.

17.7 No Joint or Several Liability
If a party is made up of more than one person, or a term is used in this document to refer to more than one party:
(a) an obligation of those persons is joint and several;
(b) a right of those persons is held by each of them severally; and
(c) any other reference to that party or term is a reference to each of those persons separately, so that (for example) a representation, warranty or undertaking is given by each of them separately.

security & privacy

The National Privacy Principles

coolstuff2buy.com.au is bound by and comply with the Australian Privacy Principles, as laid down under the Commonwealth Privacy Act 1988.

General

We understand and respect your privacy. And to show our commitment to uphold the privacy of all your information on coolstuff2buy.com.au, we have formulated this Privacy Policy (“this Policy”). This Policy will let you know you about the ways in which we use and protect your personal information. We urge all the users to read and agree to this Policy before transacting on coolstuff2buy.com.au. If you still have any concerns or would like more information, feel free to Contact Us.

Commitment to Online Security

We have incorporated the state-of-the-art security measures to protect the sensitive data on our website. coolstuff2buy.com.au is a GeoTrust protected, SSL Certified secured website that utilises high-level 128-bit SSL encryption. This high-level tool encrypts all the personal and payment information before transmitting over the Internet. This is done to protect you from interference with or the unauthorized use of your personal information that is transmitted to servers. This website is registered with site identification authorities to enable your browser to confirm our security identity before any transmission is sent. Security at all levels – Physical, electronic and managerial – is employed to safeguard the security and integrity of personal information.

Collection of Personal Information

coolstuff2buy.com.au collects only so much personal information that is required and absolutely necessary to serve you better. This information is taken at the time of placing your order for the purchase of a Product from us. This personal information includes your name, postal and email addresses, phone numbers and other billing information.

To serve you better, we may also collect personal information about individuals who are not the customers of our business, but whose personal information is given to us upon referral basis or otherwise.

Please be advised that your use of the information and services available through our website will determine the type of information that we collect about you.

Please also be aware that we will record your email address if you contact us or send us an email.

Usage and Disclosure of Personal Information

All the personal information so collected by coolstuff2buy.com.au will be used and disclosed so that we may provide you with the services that you have requested, or to enable us to carry out our business as suppliers of goods that have been purchased.

Your personal information will only be used to process your order and to communicate with you. As per our Terms and Conditions of sale, we reserve the right to email our special offers, promotions etc. that we believe will be of interest to you. Once you have placed your order, you may opt not to receive any information about such offers and we will simply stop sending any promotional emails. We will stop sending the newsletter to all such email addresses who have opted-out or unsubscribed from receiving the newsletter.

coolstuff2buy.com.au is bound to keep your information private. We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

We will not disclose any personal information unless the disclosure is required or authorised by law, or you have consented to our disclosing your personal information, or for other purposes (related to the primary purpose of collecting that information) that is reasonably expected.

However, we may reveal general statistical information about our Web site and visitors, such as number of visitors, number and type of goods and services purchased, etc.

We may also use your personal information to provide you with information about other services offered by us.

Access To Personal Information

You are free to access your personal information that we hold. All such requests will be processed according to the provisions and guidelines as incorporated under the Australian Privacy Principles.

All such requests for access can be addressed to the Privacy Officer through Contact Us.

The time taken for processing of all such requests depends on the volume of information requested, and the date-wise disposal of the requests. In rare cases, the processing may incur an accessing fee if coolstuff2buy.com.au incurs some expenditure in order to make the requested information available.

coolstuff2buy.com.au reserves the right to refuse access to this personal information under rare situations where we feel it be justified and reasonable. For instance, if it is unlawful, or would prejudice an investigation, or would contribute to an unlawful activity, etc.

Overseas Disclosures

We may disclose personal information to an overseas entity in the usual course of business. Such disclosures will only occur to the extent necessary to enable us to carry out the primary purpose of providing you with the goods and services you have requested. We will not disclose any financial information such as credit card or bank account details to any overseas entity.

We may also store personal information on servers which are located overseas or in the cloud.

We will take all care to ensure any overseas recipients of your personal information will handle your information securely. However, by accepting the terms of this Privacy Policy you consent to us disclosing information to overseas entities in the ordinary course of business. By providing your consent, you acknowledge that we will not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act for any overseas disclosures of your personal information. If you do not consent to such disclosures, please email [email protected]

Newsletter Subscription

You may, at any time, opt-out or unsubscribe from the coolstuff2buy.com.au newsletter, if you have subscribed to it. We will stop sending the newsletter to all such email addresses who have opted-out or unsubscribed from receiving the newsletter.

Computer Tracking and Cookies

coolstuff2buy.com.au is not set up to track, collect or distribute personal information not entered by visitors. Our site logs do generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used solely for internal purposes by technical support staff to provide better services to the public and may also be provided to others, but again, the statistics do not contain personal information and cannot be used to gather such information.

Destroying and De-identifying Personal Information

We will take reasonable steps to destroy or de-identify unsolicited personal information we hold if we no longer need that information for any purpose for which it may be used or disclosed under the Privacy Act. The requirement to take reasonable steps to destroy or de-identify does not apply if personal information is contained in a Commonwealth record, or if an Australian law or court/tribunal requires it to be retained.

Complaints and Enquiries

If you would like further information about the way we manage personal information or wish to complain that you believe we have breached the Australian Privacy Principles, please contact [email protected]

Changes To Our Privacy Policy

Please be advised that if coolstuff2buy.com.au decides to change our Privacy Policy, we will post those changes on this page.

For further information about the Privacy Act 1988 and the Australian Privacy Principles, please visit the Office of the Australian Privacy Commissioner’s website.