Terms of Service
This website is operated by Cotopaxi Australasia (Australia, New Zealand and the Pacific Islands). Throughout the site, the terms “we”, “us” and “our” refer to Cotopaxi Australasia. Cotopaxi Australasia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms of service (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy of Product Information
We have taken every measure to provide accurate product images for each product for sale on the site. However, individual differences between, e.g, Internet browsers or monitor colour contrasts are outside our control and we cannot be held responsible or liable for any differences in colour between the image and the actual product.
We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lockouts, riots, civil commotion, malicious damage, explosion, governmental actions, and any other similar events.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
We do not accept liability for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products, and services at any time and without notice.
Section 4 - Modifications to the Service & Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 - Gift Cards
This e-gift card is redeemable only at cotopaxi.com.au in Australia and cotopaxi.co.nz in New Zealand. If not used, the code will expire one year after the date of purchase. Except for in accordance with your legal rights, the card is non-returnable, non-refundable, cannot be exchanged for cash and cannot be used towards the purchase of another e-gift card. Your e-gift card is redeemable as full or part payment against any purchase at cotopaxi.com.au and cotopaxi.co.nz.
Section 6 - Accuracy of Billing & Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made online. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7 - Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 8 - User Comments, Feedback & Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Section 9 - Use of our Website
You agree that in using our site, you confirm to us that:
- You are legally capable of entering into a binding contract in respect of the product(s) you are ordering.
- All information and details provided to us (including on your registration and order) are true, accurate and up to date in all respects and at all times.
- You will comply with your obligations on your use of the website as set out in these terms and conditions below.
You agree that in using our website you will not:
- Use the website for any unlawful purpose.
- Use the website in any way that interrupts, damages, impairs, or renders the website less efficient.
- Transfer files that contain viruses, trojans or other unlawful programs.
- Access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the website's security measures.
- Email or otherwise disseminate any content which is defamatory, obscene or may have the effect of being harassing, threatening or abusive to an individual or group of individuals based on religion, gender, sexual orientation, race, age, disability or otherwise.
- Advertise or promote third party or your own products or services including by way of the distribution of "spam" email.
- Use the website for any purpose other than your personal use.
We reserve the right to suspend, restrict or terminate your access to our website at any time without notice if we have reasonable grounds to believe that you have breached any of these terms and conditions. This will not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
Section 10 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 11 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 12 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia and New Zealand.
Section 13 - Changes to terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 14 - Use of Social Media & User Generated Content
You own all content and information you post or share that uses the hashtag #DoGood
By using this #, You allow Cotopaxi Australia and New Zealand and Sports Factory Pacific Ltd (collectively referred to as “Cotopaxi”, “we”, or “us”) permission to use your User Content as follows:
you grant to us a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other Cotopaxi global digital marketing purposes including, without limitation, in Cotopaxi websites, social media accounts, email and other customer communications, and other media whether now known or developed in the future.
You agree that we may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Cotopaxi Australia or the Site.
You grant us a license to your User Content that is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.
You also grant us a license to your User Content that is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.
We may exercise these rights to your User Content anywhere in the world. Finally, our license is irrevocable and perpetual, meaning that the license you grant us to your User Content cannot be revoked and lasts for an indefinite period.
You promise, warrant, and represent that:
- You own all rights to your User Content or, alternatively, that you have the right to give Cotopaxi the rights described above.
- You have permission to use the name and likeness of any other person shown in the User Content.
- You have paid and will pay in full any fees or other payments that may be related to the use of your User Content.
- Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
- You will indemnify, defend, and hold Cotopaxi, its directors, employees, parent and agents against any losses, liabilities, claims expenses (including solicitors fees) arising out of your breach of any representation or warranty as stated above, any third-party claim regarding the use by Cotopaxi of your User Content, or any action taken by you that is inconsistent with the rights granted as described above.
- We may refuse to accept or transmit User Content for any reason.
- We may remove User Content from the Site for any reason.
- We are under no circumstances required to use or obligated to use your User Content.
- We respect the intellectual property rights of others. Please notify us in writing, by email, if you believe that a user of the Site or Cotopaxi has infringed your intellectual property rights.
- To be effective, the notification should include:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf your physical or electronic signature.
- You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Site without liability.
Section 15 - Entry Into Competitions
By entering any Cotopaxi promotion, entrants agree to opt-in and receive electronic marketing from the Promoter. Entrants may unsubscribe from the Promoter's electronic marketing at any time by clicking the "Unsubscribe" link in the footer of any email sent by the Promoter or by contacting the Promoter's Customer Service Team.
Social Media Competitions
- By participating in a com.au (Australia) and cotopaxi.co.nz (New Zealand) Competition, you fully agree and accept the Cotopaxi Standard social media competition T&Cs as well as any individual terms and conditions of the specific competition.
com.au (Australia) and cotopaxi.co.nz(New Zealand) competitions are open to residents of the Australia and New Zealand only, excluding associates of Sports Factory Pacific, Cotopaxi or associates of companies involved in the competition/prize draw and their associated, affiliated, or subsidiary companies, their families, agents, or anyone connected with the competition/prize draw.
- To enter, entrants must have access to the internet and have a genuine social media account. Entrants must follow Cotopaxi official social channels.
- Winners will be drawn at random from all eligible entries received during the competition. Entries are only valid if the entry is completed correctly in accordance with the specific competition Terms and Conditions. Cotopaxi will conduct the draw, and our decision in all matters relating to the competition are final.
- No purchase is necessary, unless otherwise stated.
- The competition closes when stated for the individual giveaway. Entries received after closure will not be counted.
- Potential winners will be notified via email they have provided.
- All prizes are non-refundable and non-transferrable, and No cash alternative will be offered for any prizes.
- Cotopaxi will not be liable for any delays in the receipt of entries and does not accept responsibility for entries which are not received or delivered.
Section 16 - Terms & Conditions on Offers
Sign up to receive emails for our latest exclusives and enjoy 10% off your first order of full price lines.
- One code per customer, one use only.
- Offer excludes purchases of gift cards.
- The code issued is valid online at com.au and cotopaxi.co.nz only.
- Code valid for 1 month from sign up.
- Code is valid on full price lines only.
- In the event of a return of goods purchased using the promotion code, refunds will be credited for the original amount paid and to the original method of payment.
- Any promotional discount applies to the original purchase only and if returned, is not valid for any subsequent purchases.
- This offer is not applicable to your delivery.
- This offer is not exchangeable for cash and cannot be used in conjunction with any other offer, discount, or promotion.
- Cotopaxi Australia and New Zealand reserves the right to amend the terms and conditions of this promotion at any time and to take the appropriate action including cancellation of the offer if it deems such action necessary.
- You can unsubscribe from our marketing emails at any time. For details on how to do this please see the bottom of your email.
Section 17 - Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or email@example.com