Terms and Conditions

  1. About the Website

1.1. Welcome to cockatoocoins.com.au (the 'Website'). The Website offers you the opportunity to browse and purchase various numismatic products listed for sale through the Website (the 'Products'). By granting you access to the Website's content, the Website provides the Purchase Services.

1.2. The Website is operated by Sovereign Numismatics Pty Ltd (ABN 73647710503). Accessing and using the Website, as well as any associated Products or Purchase Services, are subject to the following terms and conditions (the 'Terms'). Please carefully read and understand the Terms before using, browsing, or reading the Website. By using the Website, you signify that you have read, understood, and agreed to be bound by the Terms. If you do not agree with the Terms, you must immediately cease usage of the Website and its Purchase Services.

1.3. Sovereign Numismatics reserves the right to review and change the Terms at its sole discretion. Any updates to the Terms will be published on this page, and reasonable efforts will be made to provide notice of such updates. The updated Terms become effective immediately upon publication. We recommend that you keep a copy of the Terms for your records.

  1. Acceptance of the Terms

By continuing to use the Website, you accept and agree to be bound by the Terms. Alternatively, you may click to accept or agree to the Terms where such an option is provided in the user interface.

  1. Registration to Use the Purchase Services

3.1. To access the Purchase Services, you must first register as a user on the Website. During the registration process or while using the Purchase Services, you may be required to provide personal information, including but not limited to: (a) Email address (b) Mailing address (c) Telephone number (d) Password

3.2. You warrant that all information provided to Sovereign Numismatics during the registration process is accurate, correct, and up to date.

3.3. Upon completing the registration process, you will become a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member, you will have immediate access to the Purchase Services.

3.4. You may not use the Purchase Services or accept the Terms if: (a) You are not of legal age to enter into a binding contract with Sovereign Numismatics, or (b) You are prohibited by law from receiving the Purchase Services in Australia or in the country where you reside or use the Purchase Services.

  1. Your Obligations as a Member

4.1. As a Member, you agree to comply with the following: (a) Use the Purchase Services only for purposes permitted by: (i) The Terms, (ii) Any applicable laws, regulations, or generally accepted practices or guidelines in relevant jurisdictions. (b) Assume sole responsibility for protecting the confidentiality of your password and/or email address. Sharing your password with any other person may result in immediate cancellation of the Purchase Services. (c) Prohibit any unauthorized use of your registration information by third parties. You agree to notify Sovereign Numismatics immediately of any unauthorized use of your password, email address, or any breach of security. (d) Understand that access and use of the Website is limited, non-transferable, and solely for your personal use of the Purchase Services. (e) Refrain from using the Purchase Services or Website for any illegal or unauthorized activities, including the collection of Members' email addresses for unsolicited emails or unauthorized framing or linking to the Website. (f) Acknowledge that commercial advertisements, affiliate links, and solicitation forms may be removed from the Website without notice and may lead to termination of the Purchase Services. Sovereign Numismatics reserves the right to take appropriate legal action against any illegal or unauthorized use of the Website. (g) Acknowledge that any automated use of the Website or Purchase Services is strictly prohibited.

  1. Purchase of Products and Returns Policy

5.1. By using the Purchase Services on the Website, you agree to pay the purchase price listed for the Product (the 'Purchase Price').

5.2. Payment of the Purchase Price may be made through one of the following  providers: (a) Bank Deposit (b) Commonwealth Bank Payment Services

When using the Purchase Services, you warrant that you have read and agreed to the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers.

5.3. After confirming payment of the Purchase Price, Sovereign Numismatics will issue a receipt to confirm the payment. Your purchase details may be recorded for future reference.

5.4. Sovereign Numismatics may, at its sole discretion, provide a refund within 30 days for returned Products in unopened and saleable condition. You acknowledge that you are responsible for any postage and shipping costs associated with such refunds.

  1. Warranty

6.1. Sovereign Numismatics's Products are subject to guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement, refund, repair, or compensation for a major failure of the Product. You may also be entitled to have the Products repaired or replaced if they fail to meet acceptable quality standards (the 'Warranty').

6.2. You may make a Warranty Claim within 12 months from the date of purchase by providing proof of purchase, a description of the Products, and the price paid. Send written notice to Sovereign Numismatics at PO BOX 431, Temora NSW 2666 Australia or email sales@sovereignnumismatics.com.au.

6.3. If the Warranty Claim is accepted, Sovereign Numismatics may, at its discretion, repair or replace the defective Products or parts during the Warranty Period. You will be responsible for any postage or shipping costs incurred for the Warranty Claim.

6.4. The Warranty is the sole and exclusive warranty granted by Sovereign Numismatics and the sole remedy available to you under applicable law regarding the Products covered by this warranty.

6.5. All implied warranties, including merchantability and fitness for use, are limited to the Warranty Period.

6.6. The Warranty does not apply to the appearance of the Products or any excluded items specified below. It also does not cover Products with damaged exteriors, those subjected to misuse, abnormal service or handling, or those altered or modified in design or construction.

  1. Delivery

7.1. The Purchase Services offered by Sovereign Numismatics include delivery ('Delivery Services') facilitated through third-party delivery companies ('Delivery Service Providers').

7.2. While providing the Purchase Services, Sovereign Numismatics may offer various delivery and insurance options through the Delivery Services. You acknowledge that Sovereign Numismatics does not provide these delivery and insurance options directly but facilitates your interaction with the Delivery Service Providers for the Delivery Services.

7.3. In case of loss or damage to items during the Delivery Services, please: (a) Contact the Delivery Service Provider directly to request a refund or claim any available insurance options. (b) Contact Sovereign Numismatics at sales@sovereignnumismatics.com.au to report any damaged Products during transit. This information will help assess whether the Delivery Service Provider should be removed from the Purchase Services.

  1. Copyright and Intellectual Property

8.1. The Website, Purchase Services, and all related products of Sovereign Numismatics are subject to copyright. The material on the Website is protected under Australian laws and international treaties. Unless indicated otherwise, all rights (including copyright) in the site content and compilation (including text, graphics, logos, video images, audio clips, and software) are owned or controlled by Sovereign Numismatics or its contributors.

8.2. Sovereign Numismatics retains all rights, title, and interest in the Website and its related content. No action on the Website will transfer to you: (a) The business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Sovereign Numismatics, or (b) The right to use or exploit any business name, trading name, domain name, trademark, or industrial design, or (c) Any system or process subject to a patent, registered design, or copyright.

8.3. Without prior written permission from Sovereign Numismatics and relevant rights owners, you may not broadcast, republish, upload to a third party, transmit, post, distribute, show, or play the Content or third-party content for any purpose. This prohibition does not apply to materials freely available for re-use or in the public domain.

  1. Privacy

9.1. Sovereign Numismatics values your privacy, and any information provided through your use of the Website and Purchase Services is subject to Sovereign Numismatics's Privacy Policy, available on the Website.

  1. General Disclaimer

10.1. You acknowledge that Sovereign Numismatics does not provide any guarantees, warranties, representations, or conditions regarding the Products, except as provided under these Terms.

10.2. Sovereign Numismatics makes reasonable efforts to accurately depict Products on the Website, but sizes, colours, and packaging may differ from what is displayed.

10.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law, which may not be limited or excluded by law.

10.4. Subject to applicable laws, Sovereign Numismatics will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising from the Purchase Services or these Terms. This limitation applies to common law, contract, tort (including negligence), equity, statute, or any other legal basis.

10.5. Your use of the Website, Purchase Services, and any related Products is at your own risk. Everything on the Website, Purchase Services, and Products is provided on an "as is" and "as available" basis, without warranty or condition of any kind. Sovereign Numismatics, its affiliates, employees, agents, contributors, third-party content providers, or licensors make no express or implied representation or warranty about the Content or any Products or Purchase Services referred to on the Website. Sovereign Numismatics is not responsible for any loss or damage resulting from: (a) Performance failure, error, omission, interruption, deletion, defect, delay, computer virus, or other harmful components. (b) Accuracy, suitability, or currency of any information on the Website, Purchase Services, or related content, including third-party materials and advertisements. (c) Costs incurred from using the Website, Purchase Services, or Products. (d) Content or operation of links provided for user convenience. (e) Failure to complete a transaction or loss arising from e-commerce conducted on the Website. (f) Defamatory, threatening, offensive, or unlawful conduct by third parties or publication of related materials.

  1. Limitation of Liability

11.1. Sovereign Numismatics's total liability arising from or related to the Purchase Services or these Terms, however arising, will not exceed the most recent Purchase Price paid by you under these Terms. If you haven't paid the Purchase Price, Sovereign Numismatics's liability is limited to the resupply of information or Purchase Services to you.

11.2. Sovereign Numismatics, its affiliates, employees, agents, contributors, third-party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages incurred, regardless of the theory of liability.

11.3. Sovereign Numismatics is not responsible or liable for any site content (including Content and Third-Party Content) posted on the Website or related to the Purchase Services. This includes content posted by users, third parties, or any content resulting from the Purchase Services.

  1. Termination of Contract

12.1. The Terms will remain in effect until terminated by you or Sovereign Numismatics.

12.2. To terminate the Terms, you may: (a) Notify Sovereign Numismatics at any time, and (b) Close your accounts for all Purchase Services used if such an option is available.

Notice of termination should be sent in writing to Sovereign Numismatics via the 'Contact Us' link on the homepage.

12.3. Sovereign Numismatics may terminate the Terms with you if: (a) You have breached any provision of the Terms or intend to breach any provision. (b) Sovereign Numismatics is required to do so by law. (c) The partner with whom Sovereign Numismatics offered the Purchase Services terminates its relationship or ceases to offer the Purchase Services. (d) Sovereign Numismatics no longer finds the provision of Purchase Services commercially viable. (e) The provision of Purchase Services becomes unfeasible due to changes in applicable laws or regulations.

12.4. Sovereign Numismatics reserves the right to discontinue or cancel your membership and may suspend or deny your access to the Website or Purchase Services without notice if you breach the Terms or applicable laws or if your conduct affects Sovereign Numismatics's reputation or violates the rights of others.

12.5. Termination of the Terms does not affect the rights, obligations, and liabilities accrued under the Terms, which will continue to apply indefinitely.

  1. Indemnity

13.1. You agree to indemnify Sovereign Numismatics, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against: (a) Actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) arising from Content you post on the Website. (b) Consequences resulting from accessing, using, or transacting on the Website, or any breach of the Terms by you or your agents. (c) Any breach of the Terms.

  1. Dispute Resolution

14.1. Compulsory: If a dispute arises from the Terms, neither party may commence any legal proceedings, including Tribunal or Court proceedings, unless the following clauses have been fulfilled (except for cases where urgent interlocutory relief is sought).

14.2. Notice: The party claiming a dispute ('Dispute') under the Terms must provide written notice to the other party, including the nature of the dispute, desired outcome, and required action to resolve it.

14.3. Resolution: Upon receiving the notice ('Notice'), the Parties must: (a) Make a good faith effort to resolve the Dispute through negotiation or mutually agreed means within 7 days. (b) If the Dispute remains unresolved after 14 days from the Notice, either Party may request a mediator's appointment through the President of NSW Fair Trading or their nominee. (c) The Parties shall share the mediator's fees, reasonable expenses, and venue costs associated with the mediation. Each Party will cover its own costs. (d) The mediation will take place in New South Wales, Australia. (e) All communications, negotiations, and settlement discussions in connection with the Dispute shall be confidential and without prejudice.

14.4. Confidentiality: All communications regarding negotiations made by the Parties under this clause are confidential and shall not be disclosed to any third party except as required by law.

14.5. Termination of Mediation: If the Dispute is not resolved within 60 days of the mediator's appointment, or either Party fails to attend the mediation, the mediation may be terminated by the mediator or by written notice given by either Party to the other.

  1. Venue and Jurisdiction

15.1. The Purchase Services and these Terms will be governed by and construed in accordance with the laws of New South Wales, Australia.

15.2. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

  1. Contact Details

16.1. For any inquiries, questions, or concerns regarding the Website, Purchase Services, or these Terms, please contact Sovereign Numismatics at sales@sovereignnumismatics.com.au or via mail at Sovereign Numismatics Pty Ltd, PO Box 431, Temora NSW 2666 Australia.

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