Terms of service

Terms and Conditions

Last updated: 12 July 2026

Australian Consumer Law: These Terms are subject to the Australian Consumer Law (ACL — Schedule 2 of the Competition and Consumer Act 2010). Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies conferred by ACL where they apply to your purchase. Where these Terms conflict with ACL consumer guarantees, ACL prevails.

Article 1 – Definitions

  • Withdrawal period: The period during which the consumer may exercise their right of withdrawal.
  • Consumer: A natural person not acting in the course of a business or profession who enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Fixed-term contract: A distance contract concerning a series of products or services, the supply and/or purchase obligation of which is spread over a specified period.
  • Durable data carrier: Any medium that allows the consumer or entrepreneur to store information addressed to them in a way that permits future access and unchanged reproduction.
  • Right of withdrawal: The consumer's right to withdraw from the distance contract within the cooling-off period.
  • Entrepreneur: The legal entity offering products and/or services to consumers at a distance — in this case, Cole & Ruby Melbourne.
  • Distance contract: A contract concluded within the framework of an organised system for distance selling, where one or more means of distance communication are exclusively used.
  • Means of distance communication: Any technology that enables a contract to be concluded without the consumer and entrepreneur being simultaneously present.
  • General terms and conditions: These Terms and Conditions of Cole & Ruby Melbourne.

Article 2 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the start of the withdrawal period referred to in Article 6(1). In the case of a service agreement, this period starts once the consumer receives confirmation of the agreement.

The consumer must immediately report any inaccuracies in provided payment details to the entrepreneur.

In the event of non-payment, Cole & Ruby Melbourne is entitled to charge reasonable costs, provided these were communicated in advance.

Article 3 – Applicability

These Terms apply to every offer from Cole & Ruby Melbourne, and to every distance contract and order between Cole & Ruby Melbourne and the consumer.

Before concluding a distance contract, the text of these Terms will be made available. If this is not reasonably possible, the consumer will be informed how to access them electronically or request a copy free of charge.

If the contract is concluded electronically, the Terms will be made available in such a way that the consumer can store them on a durable data carrier.

If specific product or service conditions apply in addition, the most favourable provision for the consumer prevails in case of conflict.

If any provision is invalid or void, the remaining Terms remain effective, and the invalid provision will be replaced by one that most closely reflects the original intent.

Article 4 – The Offer

If an offer has a limited validity period or specific conditions, this will be clearly stated.

Cole & Ruby Melbourne reserves the right to change or update offers. All descriptions and images aim to represent products truthfully, but minor variations (e.g., colour differences) do not entitle the consumer to compensation or contract cancellation (subject to ACL consumer guarantees).

Each offer clearly states the consumer's rights and obligations, including:

  • The total price (excluding import duties or taxes, which are the consumer's responsibility)
  • Any shipping costs
  • The method of payment, delivery, and execution
  • Whether the right of withdrawal applies
  • The acceptance period of the offer
  • Any applicable additional fees or communication costs

Article 5 – The Contract

The contract is concluded when the consumer accepts the offer and meets the stated conditions.

If the offer is accepted electronically, Cole & Ruby Melbourne will confirm receipt without delay. Until confirmation is received, the consumer may dissolve the contract.

Cole & Ruby Melbourne will take all appropriate technical and organisational measures to ensure safe electronic transactions.

If legally permitted, Cole & Ruby Melbourne may obtain information about the consumer's ability to fulfil payment obligations. Orders may be refused or subject to conditions if justified.

All orders are subject to product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 30 days without providing a reason. This period starts the day after receiving the product.

During this time, the consumer must handle the product with care and only inspect it as necessary to assess suitability.

If the right of withdrawal is exercised, the product must be returned in its original packaging, including all accessories, in unused condition, following Cole & Ruby Melbourne's instructions.

This Article 6 withdrawal right is in addition to (and does not limit) any ACL consumer guarantee rights you may have for defective or non-conforming goods.

Article 7 – Costs in Case of Withdrawal

Return shipping costs are borne by the consumer for change-of-mind withdrawals. Where an ACL major failure applies, return shipping may be claimed back.

Refunds will be processed within 14 days of cancellation, provided the returned product or proof of shipment is received.

Article 8 – Exclusion of Right of Withdrawal

The Article 6 right of withdrawal cannot be exercised for:

  • Custom-made or personalised products
  • Perishable or hygiene-sensitive items
  • Opened audio, video, or software items
  • Services already performed with consumer consent before the withdrawal period ends

(ACL consumer guarantees remain unaffected for defective or non-conforming goods within these categories.)

Article 9 – Price

Prices will not be increased during the validity of an offer, except for changes in tax or legal obligations.

Variable prices may apply to products influenced by market fluctuations. In such cases, consumers may cancel the agreement if a price increase occurs after three months.

Article 10 – Conformity and Warranty

Cole & Ruby Melbourne guarantees that products meet the contract specifications and reasonable expectations of usability and quality. This is in addition to (and does not limit) the statutory consumer guarantees imposed by Australian Consumer Law.

Defective or incorrectly delivered items must be reported within 14 days of receipt. Where ACL applies, statutory consumer guarantee remedies are available regardless of this 14-day reporting window.

The warranty does not apply if the item was altered, used abnormally, or damaged by misuse (subject to ACL).

Article 11 – Delivery and Execution

Cole & Ruby Melbourne will take the utmost care in receiving and processing orders. Deliveries will occur within 30 days, unless otherwise stated.

If delays occur, the consumer will be notified and may cancel the order for a full refund.

The risk of damage or loss remains with Cole & Ruby Melbourne until delivery to the consumer.

Article 12 – Duration, Termination, and Renewal

Consumers may terminate indefinite contracts with one month's notice. Fixed-term contracts can be cancelled at the end of the term with one month's notice.

Automatic renewals are not permitted unless explicitly agreed upon.

Article 13 – Entrepreneur Identity

Cole & Ruby Melbourne
Customer Service: helpdeks.webshop@gmail.com
Website: coleandrubymelbourne.com
Australia

Company Name: CS ecom (operating under the trading name "Cole & Ruby Melbourne")
Registration Number: 42108334
Address: Amsterdam, Netherlands

Article 14 – Complaints Procedure

Complaints must be submitted clearly and fully described within 7 days of discovery. They will be responded to within 14 days. If additional time is needed, the consumer will be informed accordingly.

If the complaint cannot be resolved, it may be submitted for dispute resolution. Australian consumers may also lodge complaints with the Australian Competition and Consumer Commission (ACCC) at https://www.accc.gov.au.

Article 15 – Disputes

Australian law applies exclusively to contracts and disputes involving Cole & Ruby Melbourne, even if the consumer resides abroad. Australian Consumer Law remedies remain available to Australian consumers regardless of where CS ecom (operating under the trading name "Cole & Ruby Melbourne") is registered.

Article 16 – CESOP

Under 2024 EU legislation regarding the Central Electronic Payment Information System (CESOP), payment service providers may record certain transaction data within the European CESOP system. This applies if your payment flow involves EU-located payment service providers; if your entire payment flow is non-EU, this Article may not apply.