1. Acceptance of These Terms 

These Terms of Sale (Terms) govern all quotations, orders, purchases, deliveries andcollections of Goods supplied by Dreamdwell Consulting Pty Ltd trading as Kozy Nest (Kozy Nest, we, our or us). 

By requesting a quotation, placing an order, paying a deposit, making payment, or accepting delivery or collection of the Goods, the Customer acknowledges that theyhave read, understood and agree to be bound by these Terms. 

These Terms should be read together with Kozy Nests: 

* Shipping & Delivery Policy; 

* Refund & Return Policy; and 

* Warranty & Care Guide, 

each of which forms part of these Terms. 

Where there is any inconsistency between these Terms and another Kozy Nest policy, these Terms prevail to the extent of the inconsistency, unless otherwise requiredbylaw. 

2. Definitions 

For the purposes of these Terms: 

Australian Consumer Law (ACL) means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any applicable State or Territory consumer protection legislation. 

Customer means the individual, company or other legal entity purchasing Goods fromKozy Nest. 

Goods means all furniture, natural stone products and related items supplied by KozyNest. 

Custom Order means Goods manufactured, modified or finished to the Customers

requested specifications, including customised dimensions, finishes, edge profiles or Customer-approved stone slabs. 

Made-to-Order Goods means Goods manufactured specifically after an order hasbeen placed. 

Pre-order Goods means Goods ordered before arrival into Australia and suppliedoncestock becomes available. 

Manufacturing Defect means a fault arising solely from the manufacturingor workmanship of the Goods and does not include: 

* natural stone characteristics; 

* manufacturing tolerances; 

* accidental damage; 

* misuse or abuse; 

* improper installation; 

* incorrect handling; 

* failure to follow the Warranty & Care Guide; 

* normal wear and tear; or 

* damage occurring after delivery or collection. 

3. Australian Consumer Law 

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law. 

Where the Australian Consumer Law applies, Customers are entitled to the applicableconsumer guarantees. 

Any limitation contained in these Terms applies only to the extent permitted by law.

 

 4. Products 

Kozy Nest products are handcrafted from natural stone. Natural stone is inherently unique, and no two pieces are identical. 

Variations in colour, veining, movement, texture, mineral composition, crystal formation, fossils, pores, tonal variation and other naturally occurring characteristics

are normal features of natural stone and are not regarded as defects. 

Natural stone may also contain filled areas, mineral deposits, surface pits, resin-filledveins or other naturally occurring features that are widely accepted within the natural stone industry and do not constitute defects. 

Product photographs, showroom displays, samples, digital renderings and marketingmaterials are provided as a general guide only. 

Unless the Customer has specifically selected and approved an individual stone slab, the finished Goods may differ from any sample, photograph, rendering or display piece. 

Due to the handcrafted nature of the manufacturing process, minor variationsbetween products are to be expected and contribute to the individuality of each piece. 

 

5. Manufacturing Tolerances 

All dimensions provided by Kozy Nest are approximate and subject to normal manufacturing tolerances. 

Dimensions shown on quotations, drawings, product specifications or marketingmaterials are nominal dimensions unless otherwise stated. 

Minor variations in dimensions, thickness, weight, edge detailing, polishing, finish, flatness, alignment and other characteristics resulting from the manufacturing processor handcrafted production are considered acceptable and do not constituteaManufacturing Defect. 

Minor variations that do not materially affect the intended use, structural integrity or overall appearance of the Goods are not grounds for rejection, return or refund. 

Customers acknowledge that handcrafted natural stone furniture cannot bemanufactured to absolute precision and that reasonable manufacturing tolerances arean accepted industry standard. 

 

6. Quotations & Pricing 

Unless otherwise stated in writing, quotations issued by Kozy Nest remain validfor fourteen (14) days from the date of issue. 

All prices are quoted in Australian Dollars (AUD) and include Goods and Services Tax(GST), where applicable, unless otherwise stated.

Quoted prices apply only to the Goods and services specifically identified inthequotation. 

Delivery, installation, rubbish removal, storage, lifting equipment, additional labour and any other optional services are charged separately unless expressly includedinthe quotation. 

Kozy Nest reserves the right to amend pricing prior to order confirmation wherepricing errors, supplier price changes, currency fluctuations or unforeseen cost increases occur. 

 

7. Orders & Payment 

An order is confirmed only after acceptance by Kozy Nest and receipt of any requireddeposit. 

Production will not commence until the required deposit has been received. 

Unless otherwise agreed in writing, the remaining balance must be paid in full beforedispatch, collection or delivery. 

Ownership of the Goods remains with Kozy Nest until full payment has been received. 

If payment is not received within the agreed timeframe, Kozy Nest may postponeproduction, delay delivery, place the order on hold or cancel the order upon writtennotice to the Customer. 

Kozy Nest reserves the right to suspend production, withhold dispatch or refusedelivery where payment has not been received. 

 

8. Custom Orders 

Custom Orders are manufactured specifically for the Customer based onthespecifications approved by the Customer. 

Once production has commenced, a Custom Order cannot be cancelled, exchangedor refunded except where required under the Australian Consumer Law. 

Requests to amend dimensions, finishes, edge profiles, stone selections or other

specifications after production has commenced may not be possible. Where Kozy Nest agrees to such changes, additional costs and revised lead times may apply. 

Where a Customer requests production to commence before approving final drawings, dimensions, finishes or other specifications, the Customer accepts full responsibility for any resulting changes, additional costs or delays. 

Minor variations resulting from natural stone characteristics or normal manufacturingtolerances do not constitute a Manufacturing Defect. 

 

9. Customer Approval 

Where drawings, dimensions, finishes, edge profiles, stone selections or other specifications require Customer approval, the Customer is responsible for carefullyreviewing all details before providing approval. 

Approval may be provided in writing, by email, electronic message or any other method accepted by Kozy Nest. 

Once approval has been provided and production has commenced, the approvedspecifications become final. 

Kozy Nest is not responsible for errors, omissions or changes that have been reviewedand approved by the Customer. 

 

10. Design Changes 

Where the Customer requests changes after production has commenced, Kozy Nest reserves the right to refuse the requested changes. 

Where Kozy Nest agrees to the requested changes, the Customer is responsiblefor any additional manufacturing, material, labour, freight or administrative costsreasonably incurred as a result of those changes. 

Any approved design changes may result in revised production schedules andextended lead times. 

 

11. Stone Slab Selection

Where the Customer has selected and approved a specific natural stone slab, that approved slab will be used for manufacture wherever reasonably practicable. 

The Customer acknowledges that natural stone is a unique material and that variationsin colour, veining, movement, mineral composition and other naturally occurringcharacteristics are inherent features of the selected slab. 

Where the Customer has not selected a specific slab, Kozy Nest will select anappropriate slab from available stock or supply using its professional judgement. 

The Customer acknowledges that the finished Goods may differ fromproduct photographs, showroom displays, samples or digital renderings where no individual slab has been selected. 

Natural variation within the same stone type does not constitute a ManufacturingDefect and is not grounds for rejection, return or refund. 

 

12. Production & Lead Times 

Estimated production and delivery timeframes are provided as a guide only andarenot guaranteed. 

Unless otherwise stated in writing: 

* Custom Orders generally require 10–16 weeks. 

* Pre-order Goods generally require 5–8 weeks. 

Lead times commence once the order has been confirmed and any required deposit has been received. 

Estimated lead times may be affected by manufacturing schedules, material availability, supplier delays, international shipping, customs clearance, port congestion, freight providers, weather events, public holidays and other circumstances beyondKozyNests reasonable control. 

Kozy Nest will use reasonable efforts to keep Customers informed of any significant changes to estimated lead times. 

A delay, of itself, does not entitle the Customer to cancel an order, reject the Goods, claim compensation or request a refund, unless otherwise required under theAustralian Consumer Law.

Kozy Nest may, at its sole discretion, provide revised estimated delivery dates duringproduction. Any revised estimate is provided in good faith and does not constituteaguaranteed delivery date. 

 

13. Delivery & Collection 

Delivery and collection of the Goods are governed by Kozy Nests Shipping &DeliveryPolicy, which forms part of these Terms. 

The Customer is responsible for ensuring that the delivery address, access conditionsand contact details provided to Kozy Nest are accurate and complete. 

Where delivery cannot be completed due to incorrect information, restricted access, the absence of the Customer or any other circumstance outside Kozy Nestsreasonable control, any additional costs charged by third-party freight providers will be the responsibility of the Customer. 

Where collection has been arranged, the Customer must collect the Goods withintheagreed timeframe. 

 

14. Risk & Title 

Risk in the Goods passes to the Customer immediately upon: 

* delivery of the Goods to the nominated delivery address; or 

* collection of the Goods by the Customer or the Customers authorised representative, whichever occurs first. 

Title and ownership of the Goods remain with Kozy Nest until the Goods have beenpaid for in full. 

Nothing in this clause excludes or limits any rights or remedies available under theAustralian Consumer Law. 

 

15. Inspection 

The Customer must inspect the Goods within twenty-four (24) hours of delivery or collection.

Any claim relating to transit damage, a Manufacturing Defect or incorrect Goods must be submitted in accordance with Kozy Nests Refund & Return Policy. 

Where reasonably requested by Kozy Nest, the Customer must provide photographs, videos or other information reasonably required to assist Kozy Nest in assessingtheclaim. 

Where reasonably practicable, the Customer should retain the original packaginguntil the reported issue has been assessed and resolved. 

Failure to notify Kozy Nest within the inspection period may affect the handling of theclaim, to the extent permitted by law. 

 

16. Customer Responsibilities 

The Customer is responsible for: 

* confirming that all dimensions are suitable for the intended location before placingan order; 

* ensuring safe and adequate access for delivery and installation; 

* ensuring that flooring, supporting structures and installation locations are capableof supporting the weight of natural stone furniture; 

* obtaining any building approvals, lift bookings or access permissions requiredfor delivery; 

* following the recommendations contained in Kozy Nests Warranty & Care Guide; * using the Goods in a reasonable manner consistent with their intended purpose; and* inspecting the Goods within the required inspection period. 

Kozy Nest is not responsible for loss, damage or additional costs arising fromincorrect measurements, unsuitable access conditions or the Customers failure to comply withthese responsibilities. 

 

17. Returns 

Returns are governed by Kozy Nests Refund & Return Policy, which forms part of these Terms. 

Except where required under the Australian Consumer Law, Goods may only bereturned with Kozy Nests prior written approval.

Approved returns must comply with the Refund & Return Policy, includinganyapplicable conditions relating to return timeframes, transport, collection andinspection. 

Where Kozy Nest agrees to arrange collection of approved returned Goods, anyapplicable collection or transport charges will be confirmed to the Customer beforecollection. 

 

18. Warranty & Natural Stone Care 

Warranty coverage is governed by Kozy Nests Warranty & Care Guide, which formspart of these Terms. 

Natural stone is a natural material that requires appropriate care and ongoingmaintenance. 

The Customer is responsible for following the care, cleaning and maintenancerecommendations contained in the Warranty & Care Guide. 

Failure to follow the recommended care instructions may affect warranty coverage, tothe extent permitted by law. 

 

19. Storage 

Storage arrangements are subject to availability and must be agreed with Kozy Nest inadvance. 

For deliveries within the Sydney metropolitan area, Kozy Nest may providecomplimentary storage for up to seven (7) calendar days from the date the Goodsbecome available for collection or delivery. 

For deliveries outside the Sydney metropolitan area, including interstate orders, storage is not available, unless otherwise agreed in writing by Kozy Nest. 

Where storage is approved beyond the complimentary storage period, or wherespecial storage arrangements are agreed, reasonable storage fees may apply andmust be paid before delivery or collection. 

 

20. Abandoned Goods 

If the Customer fails to arrange collection of the Goods, accept delivery of the Goods, or otherwise fails to respond to Kozy Nest within a reasonable period after writtennotice, Kozy Nest may charge reasonable storage fees in accordance with these Terms. 

If the Customer continues to fail to respond after reasonable written notice, Kozy Nest may, to the extent permitted by law, take reasonable steps to deal with the Goods, including arranging resale, disposal or any other lawful method of dealing withtheGoods. 

Where Goods are resold, Kozy Nest may apply the sale proceeds towards anyoutstanding amounts owing by the Customer, including reasonable storage, transport and administrative costs. Any remaining balance will be dealt with in accordance withapplicable law. 

Nothing in this clause limits or excludes any rights or remedies available to either partyunder the Australian Consumer Law. 

 

21. Goodwill 

Any goodwill gesture offered by Kozy Nest, including discounts, complimentaryservices, replacement Goods, waived fees, approved returns or any other accommodation, is provided entirely at Kozy Nests discretion. 

A goodwill gesture does not constitute an admission of liability, create any ongoingobligation or establish a precedent. 

 

22. Force Majeure 

Kozy Nest is not liable for any delay or failure to perform its obligations where suchdelay or failure results from circumstances beyond its reasonable control. 

Such circumstances may include, but are not limited to: 

* natural disasters; 

* severe weather events; 

* pandemics or public health emergencies; 

* industrial disputes; 

* supplier or material shortages; 

* manufacturing delays;

* customs delays; 

* shipping or freight disruptions; 

* government actions; or 

* any other event beyond Kozy Nests reasonable control. 

Kozy Nest will use reasonable efforts to minimise the effects of any such event andkeep the Customer informed where reasonably practicable. 

 

23. No Waiver 

A failure or delay by Kozy Nest in exercising any right under these Terms does not constitute a waiver of that right. 

Any waiver by Kozy Nest is effective only if made in writing and applies only tothespecific circumstance for which it is given. 

A single or partial exercise of any right does not prevent Kozy Nest fromexercisingthat or any other right in the future. 

 

24. Entire Agreement 

These Terms, together with Kozy Nests Shipping & Delivery Policy, Refund &ReturnPolicy and Warranty & Care Guide, constitute the entire agreement between Kozy Nest and the Customer in relation to the supply of the Goods. 

They supersede all previous discussions, negotiations, representations, understandings and agreements relating to the same subject matter, except whereexpressly agreed in writing. 

 

25. Variation 

Kozy Nest may amend these Terms from time to time. 

Any revised Terms apply only to orders placed after the revised Terms becomeeffective, unless otherwise agreed in writing. 

No variation requested by the Customer is binding unless expressly agreed by KozyNest in writing.

 

26. Severability 

If any provision of these Terms is found by a court or other competent authority tobeinvalid, illegal or unenforceable, that provision will be severed only to the extent necessary. 

The remaining provisions will continue in full force and effect.

 

27. Limitation of Liability 

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law. 

Subject to the Australian Consumer Law and to the extent permitted by law, KozyNests liability is limited to the remedies required by law or, where permitted, torepairing, replacing or refunding the affected Goods, at Kozy Nests discretion. 

To the extent permitted by law, Kozy Nest is not liable for any indirect, incidental, consequential or economic loss, including loss of profit, loss of business opportunity, loss of use or delay-related costs arising from the supply, delivery or use of the Goods, except where such liability cannot lawfully be excluded. 

 

28. Governing Law 

These Terms are governed by the laws of New South Wales, Australia. 

The parties submit to the non-exclusive jurisdiction of the courts of NewSouth Walesand any courts entitled to hear appeals from those courts. 

 

29. Interpretation 

In these Terms, unless the context otherwise requires: 

* headings are for convenience only and do not affect interpretation; * the singular includes the plural and vice versa;

* a reference to legislation includes any amendment, consolidation or replacement of that legislation; and 

* a reference to a person includes an individual, company, partnership, trust or other legal entity.