Terms & Conditions

CGA means the Consumer Guarantees Act 1993;

Customer means the person, entity, firm or corporation that acquires Goods from Coco Republic pursuant to these Terms, the details of which are set out in the relevant sales document and includes the Customer's permitted assigns, successors, employees, servants and agents;

Coco Republic Warehouse means the Coco Republic warehouse from which Goods may be collected by the Customer, if applicable, as specified under the relevant Order;

Consequential Loss means any loss, damage or costs incurred by a party or any other person that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity;

Consumer has the meaning given to it in the CGA;

Consumer Guarantee means any right or statutory guarantee CGA;

Contract means the contract of purchase of Goods between the Customer and Coco Republic which comprises these Terms and all Orders for Goods placed by the Customer and accepted by Coco Republic;

Collected Order has the meaning given in clause 3.1;

Defective Goods means Goods that are defective in design, performance or workmanship;

Delivered Order has the meaning given in clause 3.1;

Dispatch Date has the meaning given in clause 3.2(a);

Gift Card has the meaning given in clause 12;

Goods means goods supplied by Coco Republic to the Customer;

GST Act means Goods and Services Tax Act 1995;

Loss means any losses, liabilities, damages, costs, interest, charges, fines, penalties or expenses (including lawyer's fees and expenses on a full indemnity basis) whether direct, indirect, special, consequential or otherwise;

New Zealand Consumer Law means the CGA and the Fair Trading Act 1986;

Non-Excludable Rights means any statutory rights conferred on the Customer which Coco Republic is not capable of excluding, restricting or modifying, including Consumer Guarantees conferred on the Customer under the New Zealand Consumer Law;

Order has the meaning given in clause 3.1;

Price has the meaning given in clause 5(a);

Ready Date has the meaning given in clause 3.2(a);

Serviceable Area means the specified locations to which Coco Republic ordinarily offers delivery for Goods;

Store Credit has the meaning given in clause 13;

Terms means the sale terms and conditions; and

Website means https://www.cocorepublic.co.nz 

Subject to any Non-Excludable Rights that might apply to the Customer, Coco Republic and the Customer acknowledge and agree that these Terms take precedence over all other conditions of supply, and apply to the exclusion of all other documents, prior discussions, representations, understandings and arrangements (written or oral, express or implied) and other representations (contractual or otherwise), whether or not endorsed or delivered with or referred to in any Order or other documents delivered by the Customer to Coco Republic. 

The Customer accepts these Terms, as amended from time to time in accordance with clause 2.5, by placing an Order for Goods, by performing an act that is done with the intention of adopting or accepting these Terms, including continuing to order Goods after receiving notification of an update by Coco Republic, or by oral acceptance. Once these Terms are accepted, a Contact is formed between the Customer and Coco Republic. 

For the avoidance of doubt, once these Terms are accepted by the Customer, the Customer is bound by all of its obligations under the Contract even where it acquires the Goods under the Contract for the purpose of resupplying them to another person or providing them to another person in connection with the supply of goods or services, including where the Customer is an interior designer providing goods or services to its client. This clause applies despite any trade discount or trade account that Coco Republic has agreed to provide the Customer. 

If the Customer expressly enters into these Terms on behalf of another entity in the relevant sales document, the Customer warrants and represents that the Customer has the authority of that entity to bind that entity to these Terms. 

Coco Republic may update these Terms from time to time and the altered terms shall apply to Orders placed by the Customer after such notification and will supersede all previous terms and conditions imposed by Coco Republic regarding such orders. It is the Customer's responsibility to check the applicable terms on the Website before placing an Order. 

Orders

The Customer may place an order for Goods with Coco Republic in any of the following ways:

(i) in-store or via the Website for delivery by Coco Republic, provided the required delivery location is within Coco Republic's Serviceable Area (Delivered Order); or

(ii) in-store or via the Website for collection by the Customer from the Coco Republic Warehouse or by a transport carrier engaged by the Customer (Carrier) to collect the Goods from Coco Republic and deliver them to the Customer (Collected Order).

(each an Order).

Each Order placed by the Customer will constitute an offer by the Customer to acquire the Goods from Coco Republic on and subject to these Terms and will form part of the Contract if accepted by Coco Republic. 

Coco Republic reserves the right to accept or reject any Order, or any part of an Order, placed by the Customer at its sole discretion, including rejecting a Delivered Order where the required delivery location is outside of Coco Republic's Serviceable Area. 

While Coco Republic endeavours to display accurate stock levels and lead times on the Website, these stock levels and lead times are estimates only and may be subject to change. 

It is the Customer's responsibility to ensure that the Customer's information included in the Order (including the Customer's name, contact number and email address) is correct and to notify Coco Republic of any changes to such information.

Where the Customer's Order is comprised of multiple items, the Customer acknowledges and agrees that Coco Republic may deliver the Goods under that Order by separate instalments  and the Goods will be paid for in accordance with clause 5. Each separate instalment must be delivered or collected in accordance with this clause 3.

Delivery and collection

Coco Republic will contact the Customer when the Goods are ready for collection or delivery (and where applicable, installation) (Ready Date) to book in a date for collection or delivery (and where applicable, installation) (Dispatch Date). Coco Republic reserves the right to nominate the Dispatch Date but will use all reasonable endeavours to nominate any preferred date that the Customer communicates to Coco Republic.

The Customer acknowledges and agrees that the Ready Date and/or Dispatch Date may be earlier than, or later than, any estimated delivery date provided to the Customer at the time of placing an Order, and that the Customer will be bound by its obligations under this Agreement (including under clauses 3.2(a) and 5(e) despite any such difference between the estimated delivery date and the Ready Date and/or Dispatch Date. 

Coco Republic will use all commercially reasonable efforts to: 

(i) deliver the Goods for which it has accepted a Delivered Order; or

(ii) make the Goods for which it has accepted a Collected Order available for collection,

by the Dispatch Date.

The failure of Coco Republic to deliver or arrange for collection of the Goods by the Dispatch Date or to deliver a particular instalment of Goods pursuant to an Order does not entitle either party to treat an Order or the Contract as repudiated. 

Delivered Orders

In relation to Delivered Orders accepted by Coco republic:

The Customer will be advised, at least 48 hours before the Dispatch Date, of the four-hour window (during business hours) on the Dispatch Date in which the Goods will be delivered.

The Customer must:

(i) ensure that the correct delivery address is provided in the Order;

(ii) inform Coco Republic of any issues, difficulties or specific requirements associated with the delivery of Goods at time of purchase, or where such issues, difficulties or specific requirements arise or become apparent after the time of purchase, as they arise or become apparent;

(iii) ensure that the Goods ordered are capable of effective and safe delivery, including that the Goods will fit through access areas such as doorways and stairs; and

(iv) ensure safe access for the delivery of Goods, including by ensuring that the delivery location does not require Coco Republic's delivery personnel to navigate hazardous terrain or active construction sites, or delivery Goods via fire stairs, inclinators or balcony lifts.

Coco Republic may accept or reject any request from the Customer to update the delivery address, and will notify the Customer of the updated delivery fee if such request is accepted.

The Customer acknowledges and agrees that unforeseeable circumstances (such as traffic congestion, weather events, delivery delays, and road closures) may impact Coco Republic's ability to deliver by the Dispatch Date, and that in such cases delivery may need to be rescheduled.

Delivery will only be made to a person authorised under the customer account, unless agreed otherwise with Coco Republic prior to delivery. Any person who accepts delivery of the goods at the delivery address must be 18 years or over and able to accept delivery.

The Customer acknowledges and agrees that, subject to any Non-Excludable Rights, if Coco Republic is unable to deliver the Goods due to the Customer's failure to comply with clause 3.3(a):

(i) Where possible, Coco Republic will leave the Goods at the Customer's premises (Drop Off) and:

(A) the Customer releases Coco Republic from any liability arising from the Drop Off; and

(B) the Customer will not be entitled to any refund or exchange in relation to the Goods, arising from the Drop Off.

(ii) In the event a Drop Off is not possible, the Goods will be returned to the Coco Republic Warehouse and the Customer will be charged for the pre-arranged delivery costs (if not already paid for prior to delivery), the cost of redelivery and an additional $50 administration fee.

The Customer may order Goods from Coco Republic provided the required delivery location is within Coco Republic's Serviceable Area. Coco Republic may from time to time, at its sole discretion, accept orders requiring delivery to locations outside of its Serviceable Area (however, for the avoidance of doubt, acceptance of such orders does not modify or extend the definition of Serviceable Area to apply to new locations).

Collected Order

The Customer must collect the Goods the subject of a Collected Order on the Dispatch Date.

In placing a Collected Order, the Customer acknowledges and agrees that:

(i) it is the Customer's responsibility to load the Goods into its vehicle, secure the Goods at the Coco Republic Warehouse and to provide all necessary labour and materials required for such purpose;

(ii) aside from placing the Goods in the loading dock or near the Customer's vehicle, Coco Republic is under no obligation to assist the Customer to load or secure the Goods;

(iii) the Customer must sign a proof of pick up document at the collection point and must permit Coco Republic to take photos of the Goods at handover; and

(iv) the Customer has had the opportunity to inspect the Goods upon collection and raise any obvious defects with Coco Republic at that time.

Collection by Carrier

Where the Customer has arranged for a Carrier to collect the Goods, the Customer:

(i) must arrange for the Carrier to collect the Goods on the Dispatch Date;

(ii) acknowledges and agrees that:

(A) it is the Customer's responsibility to pay all associated charges and insurances direct to the Customer's Carrier;

(B) the Customer must coordinate the collection of Goods with Coco Republic at least 48 hours in advance of the Dispatch Date;

(C) it is the Carrier's responsibility to load the Goods into its vehicle, secure the Goods at the Coco Republic Warehouse and to provide all labour and materials required for such purpose;

(D) aside from placing the Goods in the loading dock or near the Carrier's vehicle, Coco Republic is under no obligation to assist the Carrier to load or secure the Goods;

(E) the Carrier must provide written evidence of its authority to collect the Goods on behalf of the Customer to Coco Republic on pickup;

(F) the Carrier will be required to sign a proof of pick up document at the collection point and must permit Coco Republic to take photos of the Goods at handover; and

(G) the Carrier, on behalf of the Customer has had the opportunity to inspect the Goods upon collection and raise any obvious defects with Coco Republic at that time.

Changes to Dispatch Date

The Customer may not change or cancel the Dispatch Date without Coco Republic's prior written consent.

If Coco Republic consents to a change or cancellation of the Dispatch Date, but the Customer requested the change or cancellation less than two Business Days before the Dispatch Date, the Customer will be charged a $50 administration fee and, in the case of a Delivered Order, all pre-arranged delivery costs (if not already paid) and the cost of re-delivery.

Failure to accept delivery or collection of the Goods

If the Customer does not collect or accept delivery of the Goods within 21 days from the Ready Date, and provided that Coco Republic has since attempted to contact the Customer using the Customer's nominated contact details to arrange collection or delivery:

(i) where the Goods are stocked (non-customised) items, the Goods will be reallocated to another customer who has placed an order for the same goods or otherwise returned to Coco Republic's stock, and the Customer must contact Coco Republic to arrange for a time for collection or re-delivery (noting that this may create delays for the Customer where additional stock has to be ordered in); and

(ii) where the Goods are no longer able to be returned to stock (including clearance, ex-display and discontinued stock) or have been customised to the Customer's preferences, a storage fee of $500 (inclusive of GST) per week (and prorated for any part of a week) will be payable by the Customer until collection or delivery is arranged for the Goods. Storage fees will be incurred on a weekly basis until collection or delivery has been completed. The Customer's Order will not be made available for collection or redelivered until any storage fees are paid prior to final delivery.

If the Customer has not collected or accepted delivery of the Goods within 3 months after the Ready Date (Relevant Period) Coco Republic may sell or dispose of the Customer's Goods in any manner that Coco Republic deems appropriate, provided that Coco Republic:

(i) has first attempted to contact the Customer using the Customer's nominated contact details during the Relevant Period to arrange collection or delivery; and

(ii) has not caused the Customer to be unable to collect or accept delivery of the purchased Goods.

If, in accordance with clause 3.7(b), Coco Republic returns the Goods to stock or otherwise sells the Goods, Coco Republic will issue a Store Credit to the Customer for the following amounts:

(i) where the Goods are stocked (non-customised) items, the amount paid by the Customer to Coco Republic for the Goods less any outstanding storage fees and a 20% restocking fee to cover Coco Republic's administrative and handling costs; or

(ii) where the Goods are no longer able to be returned to stock (including clearance, ex-display and discontinued stock) or have been customised to the Customer's preferences, the amount paid by the Customer to Coco Republic for the Goods less any outstanding storage fees and a 55% restocking fee to cover Coco Republic's administrative and handling costs.

Coco Republic's liability

Subject to any Non-Excludable Rights that may apply to the Customer:

if for any reason Coco Republic is unable to fulfil a Customer's Order or subject to clause 3.3 (b) deliver the Goods to the Customer by the estimated delivery date or the Dispatch Date or at all (in the case of a Delivered Order), the Customer will be notified and may (at its discretion) cancel the Order and receive a refund of the price of the Goods, Store Credit or a Coco Republic Gift Card for the value of the Goods.  Where the Customer's Order is comprised of multiple items the refund of the price of the Goods, Store Credit or  Coco Republic Gift Card will not include the value of the Goods already received by the Customer pursuant to the Order. 

in all other cases, Coco Republic will not be liable for any Loss incurred by the Customer where Goods (or any of them) are not made available for the collection or delivered by the estimated delivery date, the Dispatch Date or at all. 

Risk in the Goods passes to the Customer when the Goods are loaded at the Coco Republic Warehouse for delivery to, or collection by, the Customer (or the Carrier, where applicable).

Title to the Goods passes to the Customer on payment in full of the Price for the Goods, and all other amounts payable by the Customer to Coco Republic on any account whatsoever. 

The price for the Goods will be as set out on the Website or otherwise quoted by Coco Republic to the Customer (Price).

All prices quoted or listed on the Website are in New Zealand dollars and include all applicable taxes, including GST, unless otherwise specified.

The prices listed on the Website are subject to change from time to time without notice. It is the Customer's responsibility to check Coco Republic's prices on the Website prior to placing an Order.

The Price for Goods ordered is fixed from the tiem that the Customer's Order is accepted by Coco Republic. Any subsequent price fluctuations will not be retroactively applied to confirmed Orders.

Except as otherwise stipulated in respect of a promotion, or as otherwise agreed between Coco Republic and the Customer, the Customer must pay the Price in the following instalments:

(i) a deposit at the time of purchase which will be equal to 55% of the total Price of the Goods purchased by the Customer (Deposit); and

(ii) the balance of the total Price of the Goods purchased by the Customer within 10 Business Days after the Ready Date, but no later than 1 Business Day before the Dispatch Date (Balance Payment Date). If the Goods under the Order are to be delivered in instalments the Balance Payment Date for the purposes of this clause will be the Business Day prior to the Dispatch Date of the first instalment of the Goods.

The Customer acknowledges and agrees that it must pay the Price in full by the Balance Payment Date. Unless otherwise agreed in writing between the parties, Coco Republic may withold collection or delivery of the Goods until the Customer has the Price in full.

If the Customer has not paid the balance of the Price by the Balance Payment Date and does not rectify this failure within 10 Business Days after receiving notice of the failure from Coco Republic, Coco Republic may cancel the Order and subject to clause (h), the Customer shall forfeit the Deposit.

Despite clause (g)

(i) if Coco Republic returns the Goods to stock or otherwise sells the Goods Coco Republic will issue Store Credit to the Customer for the amount of the Deposit paid by the Customer to Coco Republic for the Goods less a restocking fee equal to 20% of the Price of the relevant Goods, to cover Coco Republic's administrative and handling costs; and

(ii) where the Goods are no longer able to be returned to stock (including clearance, ex-display and discontinued stock) or have been customised to the Customer's preferences, the Deposit will be forfeited in full.

Coco Republic may cancel an Order or part of an Order if it is an Order that is part of an order comprised of multiple Goods, after it has been accepted where it is reasonably required to do so in response to a supply shortage.

The Customer may not cancel an Order after it has been accepted without Coco Republic's consent, which consent will only be granted in extremely limited circumstances and at its discretion;

Coco Republic will not consent to an Order cancellation or provide any refund or exchange in respect of:

(a) Goods that are ex-rental products, clearance products or floor stock products; or

(b) Goods that are customised to the Customer's preference or are otherwise non-stock or bespoke products.

If Coco Republic consents to an Order cancellation by the Customer, the Customer acknowledges and agrees that if the Order contains Goods which are stocked (non-customised) items, the Customer will receive a Store Credit for all amounts paid to Coco Republic towards those Goods, less a 20% restocking fee to cover Coco Republic's administrative costs and other expenses incurred in the handling and cancelling the Order.

Subject to New Zealand Consumer Law

If you are a consumer under New Zealand Consumer Law, you have certain rights. Nothing in these Terms & Conditions limits or excludes any rights that you have as a consumer that cannot be lawfully limited or excluded. Information about New Zealand Consumer Law is available from the website of the New Zealand Commerce Commission.

Consumer Guarantees

Our goods come with guarantees that cannot be excluded under the CGA. You are entitled to a replacement or a refund for a failure of substancial character and for compensation for any other reasonably foreseeable loss. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a damage to a failure of substancial character.

Consumer Guarantee Remedies

CGA provides that if there is a failure of substancial character with the Goods the Customer is entitled to:

reject the Goods and get a refund;

keep the Goods and obtain compensation from Coco Republic for the drop in value of the Goods caused by the failure of substancial character.

If there is a minor failure with the Goods, the Customer is entitled, at the election of Coco Republic to:

a refund of the cost of the product;

have the product repaired within a reasonable time.

Defective Goods

The Customer must, as soon as possible after collection or delivery of the Goods (as applicable), check whether the Goods are Defective Goods when delivered. If a defect is identified, the Customer must immediately stop using the Goods. 

Subject to any Non-Excludable Rights Coco Republic will not be liable for any Defective Goods unless the Customer notifies Coco Republic with full details and a description within the period from the time of collection or delivery (as appliable) within which it would be reasonable to expect the relevant defect to be identified or become apparent (Defect Notice), otherwise the Customer is deemed to have accepted the Goods. 

Process for making a defect claim

All Defect Notices are to be given to the Coco Republic Concierge Care Team by calling 0800 262 673 or by email via productsupport@cocorepublic.com.au

Coco Republic will, upon receipt of a Defect Notice, contact the Customer to help determine, acting reasonably, whether the Goods are Defective Goods and, if they are, will inform the Customer how Coco Republic will remedy the relevant defect. Coco Republic may, at its discretion, request further information or assistance from the Customer for the purposes of making this determination, including arranging for a virtual and/or physical inspection of the Goods, and the Customer must promptly comply with all such requests. 

If Coco Republic requires the return of the Goods for the purposes of assessing a Defect Notice or providing a remedy under this clause, Coco Republic will bear the reasonable delivery costs of any such return, provided however that if Coco Republic subsequently determines after receiving and inspecting the Goods (acting reasonably) that the Goods are not Defective Goods, the cost of return (and any re-delivery to the Customer) will be charged to the Customer. 

Subject to any Non-Excludable Rights , a Defective Goods claim may become void if the goods are relocated outside of Coco Republic's Serviceable Area.

Remedy for Defective Goods

If Coco Republic determines, acting reasonably, that the Goods are Defective Goods, Coco Republic will, in its sole discretion, provide the Customer with one of the following remedies:

a repair of the Goods;

a refund of the cost of the Goods; or 

a replacement of the Goods with goods that are at least equivalent to the original Goods in function and quality. When Goods or a component of the Goods are replaced, any replacement item becomes the property of the Customer and the replacement item becomes the property of Coco Republic.

Coco Republic uses natural materials in the production of Goods available for purchase by the Customer and as such colour, shade, tone, markings, texture and veining may vary between samples of the Goods and the Goods supplied. This may include, but is not limited to, materials such as timber, marble, stone, leather, fabric, velvet, cowhide and glassware (Materials). The Customer acknowledges that, due to the use of Materials, the Goods supplied may:

exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time;

expand, contract or distort as a result of exposure to heat, cold, weather;

mark or stain if exposed to certain substances; and

be damaged or disfigured by impact or scratching.

Subject to any Non-Excludable Rights and clauses 8 and 14 of this Agreement, while Coco Republic will make every effort to match samples of the Goods to the Goods supplied, Coco Republic accepts no liability whatsoever where the Goods supplied differ to samples of the Goods due to the  Materials used to produce the Goods. For the purpose of this clause samples include items on display in any of Coco Republic’s showrooms or online on its website.