Terms & Conditions
These are the Terms and Conditions ("Terms") entered into by and between you ("you", "user", "your," or any applicable variant thereof) and COSTWAY WHOLESALE PTY.LIMITED("Costway AU," "Costway," "our," "we," or "us"). The following Terms, together with any documents they expressly incorporate by reference and any other policies posted by Costway on the website, govern your access to and use of the Costway website, au.costway.com ("Website") as a user of this website. Please read these Terms carefully prior to your access to or use of the website, submission of any information to Costway, or the acquisition of any product or service through the website.
1. General Conditions of Acceptance
1.1 A "user" is any person who accesses or uses the website for any purpose, regardless of whether the user has a registered account, including any legal entity that a user under actual or apparent authority may represent. By accessing the website or obtaining products or services, you are a "user" of the website.
1.2 By accessing or using any part of the website, you at this moment agree to accept and be bound by the Terms set forth in this agreement as a user.
1.3 If you do not accept all of the Terms set forth in this agreement, you may not access or use the website. The Terms of this agreement may not be modified except in writing by an authorized officer.
1.4 The headings used in these Terms are included for convenience and will not limit or otherwise affect these Terms.
2. General Conditions of Use
2.1 You may only access or use the website for lawful, personal or legitimate business purposes pursuant to these Terms.
2.2 Your website use may periodically be interrupted due to circumstances including, but not limited to, equipment malfunction, scheduled updates, or website maintenance. We reserve the right to modify, suspend or discontinue your access to the website, or any part of the website, at any time, for any reason at our discretion and without prior notice. We will not be liable if, for any reason, all or any part of the website is unavailable for any period or at any time.
3. Your Representations and Warranties to COSTWAY WHOLESALE PTY.LIMITED
3.1 By accessing or using the website, you warrant and represent to Costway AU that you are legally old enough to agree to these Terms. You also agree to comply with all applicable laws, rules, and regulations governing your Internet use and our website. We reserve the right to evaluate your website usage to ensure you comply with our Terms.
4. Restrictions on Use
4.1 You agree not to access or use the website or its contents for any unlawful purpose, violate any international, federal, provincial, or state laws, rules, or local ordinances, or solicit others to perform or participate in any unlawful acts. This includes, without limitation, any laws regarding exporting data or software to and from Australia or other countries.
4.2 You agree not to use the website or its contents to harass, harm, abuse, insult, disparage, slander, intimidate, or discriminate based on gender, sexual orientation, race, ethnicity, age, national origin, or disability.
4.3 You cannot use any Website content without our express, prior written permission. You agree not to copy, reproduce, download, or store any Website content to sell or re-distributing it, operate a competing business, or for any other purpose that commercially exploits Website content.
4.4 Use of any search engine, software, robot, crawler, scraper, or any other device or process to access, copy, observe, monitor, or retrieve information from the website to create or amass, either directly or indirectly, any database, compilation, or collection without written permission from Costway AU is prohibited.
4.5 You must not upload or transmit to the website any destructive or malicious computer code that will or can be used in any way that will affect the operation or functionality of the Website, other websites, or the Internet. You also agree that you shall not breach, interfere with, or circumvent any security features of the website, test the strength or vulnerability of the website or its associated networks, undertake any plan or action to compromise the integrity of the computer systems or networks used by Costway AU, or otherwise alter or interfere or attempt to alter or interfere with the website.
4.6 You agree not to submit false, misrepresented, or to mislead information to the website.
4.7 You agree that you will not access or use the website or its contents for any obscene or immoral purpose.
4.8 You agree not to use the website or its content in the transmittal of any advertising or promotional material without our prior written consent, including any "junk mail," "spam," or other solicitation.
4.9 Your access to or use of the website does not give you ownership rights in any content, code, data or other materials used therein.
4.10 Costway AU expressly reserves all rights not granted to you in these Terms. We have the right to take appropriate legal action, including, without limitation, referral to law enforcement for any unlawful or unauthorized website use.
5. Products or Services Obtained Through the Website
5.1 Costway AU tries to display product colours and images accurately. Still, we cannot guarantee that any device you use to access or display an image of any product will be accurate.
5.2 Costway AU reserves the right to limit the access to or sales of products or services through the website to any person, geographic region or jurisdiction. All descriptions and pricing for products or services are subject to change without prior notice. Costway AU also reserves the right to discontinue any product or service and refuse any order you place through the website. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of a product or service.
5.3 If Costway AU changes or cancels an order, we may attempt to notify you by contacting you based on the personal information you provided at the time of your order. You agree to provide current, complete, and accurate contact information for all purchases made through the website. You agree to promptly update your information, including your email address, credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed. For more detail on returns, please review our Return Policy.
5.4 Expected or estimated delivery dates are estimates only. Costway AU is not responsible for any delay or failure to deliver products by an estimated delivery schedule if circumstances outside of Costway's control wholly or partly caused the delay.
6. Intellectual Property
6.1 The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, the design, selection, and arrangement thereof) are owned by Costway AU, its licensees, or other providers are protected by Australia and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You shall not access or use the website or its contents to infringe upon or violate any intellectual property rights, including, but not limited to, the reproduction, modification, distribution, or sale of any Website content. You shall not access or use the website to create any derivative works. Costway AU reserves the right to terminate access to or use of the website to users who infringe on intellectual property rights using the website.
6.2 Costway AU and all related names, logos, product and service names, designs, and slogans are trademarks of Costway AU or its affiliates or licensees. You will not use these marks without the prior written permission of Costway AU. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
We reserve the right to update, change, or replace any part of these. Terms at any time, without notice, by posting updates or changes to the website. These changes are immediately effective once posted. You are responsible for checking the Terms for updates, and your continued access to or use of the website following any changes to the Terms constitutes acceptance of those changes.
8. Typographical Errors, Omissions, or Inaccuracies
8.1 If any information on the website contains typographical errors, inaccuracies, or omissions, including, but not limited to, errors related to product descriptions, pricing, promotions, shipping costs, delivery schedules, or product availability, Costway AU reserves the right to correct any such errors, and to subsequently update information or cancel orders at any time based on those corrections or changes without prior notice, including after you have submitted your order.
8.2 Costway AU undertakes no obligation to update, amend, or clarify information on the website or in its contents, including, but not limited to, pricing information, except as is required by law.
9. Notices or Communications from COSTWAY WHOLESALE PTY.LIMITED
Using this website or submitting information, you consent to receive electronic communications from COSTWAY WHOLESALE PTY.LIMITED. You agree that all agreements, notices, disclosures, and other communications we send to you electronically satisfy any legal requirement that such communications be in writing.
10. User Comments and Submissions
10.1 If you submit comments, suggestions, proposals, plans, or other materials (collectively, "user comments"), whether online, by email or postal mail, or otherwise, you agree that we may, without restriction, edit, copy, publish, distribute, and otherwise use any of your user comments. Costway AU is not and will never be under any obligation to keep your user comments confidential, compensate you for your comments, or respond to your user comments.
10.2 You agree that your user comments will not contain libellous, unlawful, abusive or obscene material. Costway AU has the right to remove or refuse to post user comments for any or no reason in our sole discretion. We may, but have no obligation to, track, edit, or remove content that we determine to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms. We take no responsibility and assume no liability for any user comments posted by you or any third party.
10.3 Subject to these Terms, you represent and warrant that you own or control all rights in and to the user comments and have the right to grant the following rights to us. You assign to Costway AU all of your rights, title, and interest in and to all of your user comments, including, but not limited to, all intellectual property rights relating to your user comments. At the request and expense of Costway AU, you will execute all appropriate documents and take reasonable actions to help Costway AU acquire and maintain these intellectual property rights.
11. Third-Party Relationships Content
11.1 Certain content, products, and services available through access to or using the website may include materials or information from third parties. Third-party links on the website may direct you to websites not affiliated with Costway AU. The inclusion of links to third-party websites does not constitute an endorsement of those websites nor of the products or services promoted or offered through them. Costway AU advises our users to review the Terms and conditions of any third-party website they visit. Costway AU will not have any liability or responsibility for third-party materials, websites, products or services of third parties.
11.2 Costway AU is not liable for any harm or damages related to the purchase or use of goods, services, content, or other transactions with third-party websites. Complaints, claims, concerns, or questions regarding third-party products or websites should be directed to the third party.
12. Registered Users
12.1 You are not required to register for an account ("Account") on the website to access or use the website. However, suppose you fill out an online registration on the website by providing the specified information (such as name, address, telephone number, email address, etc.). In that case, you will be considered a registered user of au.costway.com (a "Registered User"). Costway AU will establish an account ("Account") for you as a Registered User, and you will have a username and password to access the account.
12.2 You are solely responsible for maintaining your username and password's confidentiality and proper use. You are responsible for any activities conducted through your account and for ensuring that all persons who access or use the website through your account are aware of and comply with these Terms. You are also responsible for cancelling your account. You may cancel your account at any time pursuant to these Terms.
12.3 You agree not to disclose, sell, assign, or transfer, or offer to sell, assign, or transfer any usernames or passwords to third parties or to let a third party use your username, password, or account without prior written consent from Costway AU. Costway AU is not liable for any damages that may arise from your failure to maintain the confidentiality of your username and password.
12.4 We may suspend or terminate your account at any time, including, but not limited to, if you breach any Terms, if we have a reasonable suspicion that you provided inaccurate or incomplete information in creating your account, or if we believe that your actions may cause financial loss or legal liability to you, other Registered Users, or Costway AU.
12.5 Costway AU may refuse registration and deny an account's issuance to any user for any reason.
12.6 You agree not to register to use the website if you are a competitor of Costway AU or intend to register to monitor the website's functionality or for any other competitive purpose.
12.7 You agree to notify us immediately of any unauthorized access to or use of your username, password, account, or any other security breach.
13. Copyright Policy
We evaluate alleged copyright infringement under the Digital Millennium Copyright Act. If you believe that your work has been infringed, please forward the following information to the address below:
Your mailing address, phone number, and email address.
A description of the allegedly infringing work.
A description of where the alleged infringing material is located.
A statement by you verifying that you have a good faith belief that you do not authorize the use in question, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A statement by you, made under penalty of perjury, that the provided information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Please send the requested information to the following:
If you fail to comply with all of the requirements of this section, your notice may not be valid.
Suppose you believe that content that was removed from the website or to which access is restricted is not infringing or that you have authorization from the copyright owner, their agent, or pursuant to the law to post and use such content. In that case, you may submit a counter-notice to the address listed above containing the following information:
Your physical or electronic signature;
Identification of the content that was removed from the website or to which access is restricted and where the content appeared before it was removed or restricted;
A statement by you verifying that you have a good faith belief that the content was removed or restricted as a result of a mistake or a misidentification;
Your name, mailing address, phone number, and email address, a statement that you consent to the jurisdiction of the federal court in Australia, and a statement that you will accept service of process from the person who notified of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who submitted the original copyright infringement notice. Please be aware that when we forward the counter-notification, it includes your personal information, and you consent to have your information sent in this manner to the original submitting party.
After we send out the counter-notification, the original submitting party must notify us within 10 days that they have filed an action seeking a court order to restrain you from infringing activity relating to the removed content or disabled. If we receive such a notification, we cannot reinstate the content. If we do not receive such information, we may reinstate the content.
14. Disclaimer of Warranty, Limitation of Liability
We do not guarantee, represent, or warrant that your access to or use of our website will be uninterrupted, timely, secure, or error-free.
You expressly agree that we may remove or cancel the website or your access to or use of the website at any time without notice.
We have the right to cooperate fully with any law enforcement authority or court order requesting or directing us to disclose the identity or other personal information of any user accessing or using the website. You expressly agree to waive and hold harmless Costway AU or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensing from any claims resulting from any action taken by Costway AU during or as a consequence of, investigations by either Costway AU or law enforcement authorities.
You expressly agree that your use of the website, or your inability to use the website, is at your sole risk. These risks include but are not limited to misrepresentation of products and services, your subjective dissatisfaction with the website or products or services obtained through the website, defective products, delay or default in delivery or payment, and errors in price. The website and all products or services delivered to you through the website are provided 'as is and 'as available', without any representations, warranties, or conditions of any kind, either express or implied, including, but not limited to, all warranties or conditions of, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances shall Costway AU or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensing be liable for any injury, loss, claim, or direct, indirect, incidental, special, consequential or exemplary damages of any kind (even if Costway AU has been advised of the possibility of such damages), resulting from any aspect of your access to or use of the website or any product or service obtained through the website. Costway's cumulative liability to you for all claims that arise, directly or indirectly, out of your access to or use of the website, inability to use the website or any products or services obtained through the website shall not exceed the lesser of the purchase price received by Costway for the affected product or $100.00. Under no circumstances shall Costway AU be liable to you for the cost of a replacement product. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted, so some of the preceding limitations may not apply to you.
15. Dispute Resolution
15.1 You must contact our customer service department at [email protected] before you file any legal claim for relief arising from a dispute between you and Costway AU. Suppose you cannot resolve your concern within 10 business days of contacting the customer service department. In that case, either party may file a claim to resolve the dispute under these Terms.
15.2 At Costway's sole discretion, we may require you to submit any disputes arising from your access to or use of the website or the website's contents, or the Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of CAA(Commercial Arbitration Act).
15.3 Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to access to or using the Website or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.
15.4 You acknowledge that Costway AU may be irreparably damaged if you breach these Terms, and in such instance, damages at law would be an inadequate remedy. Suppose you breach or threaten to breach any of these Terms. In that case, we shall be entitled, in addition to all other rights and remedies, to an injunction restraining such breach or threatened breach without being required to show any actual damage, to post an injunction bond, or to a decree for specific performance of these Terms.
16. Governing Law
These Terms shall be governed by and construed by the laws of Australia. For any cause of action or claim arising out of or related to your access to or use of the Website or these Terms, the parties at this moment expressly consent to the jurisdiction and venue of Australia. Each party expressly waives any objection to this venue, including, but not limited to, objections based on forum non-conveniens.
You agree to indemnify, defend, and hold harmless Costway AU and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your access to or use of the website or its contents or breach of these Terms, including, but not limited to, your failure to provide accurate, complete and current information when accessing or using the website, your misuse of this website, your user comments, or your violation of any law or the rights of a third party.
18.1 The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
18.2 These Terms are practical unless and until terminated by either you or Costway AU. If you wish to terminate these Terms, you may do so at any time by notifying Costway AU that you no longer want to access or use the website. You may also terminate at any time by ceasing the use of the website.
18.3 Any breach or violation of these Terms will result in the termination of your access to or use of the website. If, in our sole discretion, you fail or we suspect you have been unable to comply with any Term, we may terminate your use or access at any time without notice. If such termination occurs, you will remain liable for all amounts due up to and including the termination date.
19.1 If any Term is held to be invalid or unenforceable, such Term shall be severed from the Terms and Conditions. It shall not affect the validity or enforceability of the remaining Terms.
19.2 Failure of Costway AU to exercise or enforce any Term shall not constitute a waiver of that Term.
19.3 No waiver by Costway AU of any Term shall be deemed a further or continuing waiver of that Term or any other Term.
20. Geographic Restrictions
Costway AU provides this website for use only by persons located in Australia. We make no claims that the website or its content is accessible or appropriate outside of Australia. You are responsible for compliance with local laws if you access the website.
21. Coupon Policy
Costway (au.costway.com) encourages customers to use coupon codes in our online store to save more. We sometimes send coupon codes to our newsletter subscribers and are pleased to find more customers joining our email list. You can sign up to receive our emails to get the newest coupons or sales notifications.
We accept coupons by the guidelines below to ensure all customers have the opportunity to purchase products at great prices. Please note that Costway AU reserves the right to refuse or alter any coupon or promotion at its sole discretion and at any time without prior notice.
Your redemption of Costway coupons indicates your acceptance and compliance with this policy:
a. Costway coupons can only be used when purchasing items on au.costway.com.
b. To enjoy a discount, your purchase must meet these conditions: minimum order value, selected items, amount of items, etc. The GST is calculated according to the value paid; the GST will not be counted as a part of the order value if coupons have minimum order value restrictions for usage.
c. Expired coupons are not accepted; vouchers expire at 11:59:59 p.m. on the expiration date of Pacific Standard Time.
d. Coupon codes have no cash values. We will only refund you the money you paid if you initiate a return.
e. Please make sure the discount is effective before placing an order. The validation of the order and its payment means that you, the customer, agree with the indicated price and cannot apply for reimbursement of the in-deducted discount code after payment.
f. Coupon codes are not retroactive, and price adjustments will not be issued to orders placed before the start of any promotion.
g. Coupon codes will not be given back in any form once used unless your payment failed caused by the system or your refund is for quality reasons. If these conditions occur, please get in touch with our customer service team at [email protected] for help.
h. Generally, only one coupon code is allowed to be used per order.
i. Generally, each acquired coupon code can be used only once per account.
j. We regularly deactivate coupon codes, while third-party coupon sites may not update our discount information in time. Please notice all discounts are subject to our final confirmation.
k. Coupon codes are not allowed to be used together with reward points in the same transaction.
For any questions concerning this policy or payment inquiries, please email our customer service department at [email protected].
22. Price Adjustment Policy on au.costway.com Orders
Value at Costway AU is about feeling satisfied that you paid the right price without sacrificing experience, quality or style. We remain focused on simplifying the shopping experience to provide exciting product selection at unbeatable, low prices. When and where our guests want to shop.
Au.costway.com will issue a one-time credit for the difference between the price you paid and the adjusted price if your purchase was made online at au.costway.com within 7 days before the price change and the purchase was made.
Price adjustments can only be made within 7 days of your purchase.
Au.costway.com does not price match with other retailers and any platforms outside au.costway.com.
The price adjustment policy is not applicable for purchases made by third-party sellers.
Items purchased using a promotion code or additional discount aren't eligible for a price adjustment.
"Clearance" items do not qualify for a price adjustment.
Due to customer privacy and security concerns, au.costway.com does not accept price adjustment requests submitted via applications or third parties. Only requests submitted directly by a customer will be accepted.
How can I get a price adjustment?
As soon as you find an identical product at a lower price than yours on au.costway.com.
Contact the Customer Service Team at [email protected] along with your au.costway.com order number# to confirm the price adjustment of that particular product. We'll respond within 48 hours.
23. Entire Agreement
These Terms, in conjunction with any other policies posted by Costway.com, Inc. on the website, constitute the entire agreement between you and Costway AU and govern your access to and use of the website. These Terms supersede any prior or contemporaneous agreements or any other communications, oral or written, between you and Costway AU.