Terms & Conditions
MANNING CARTELL TERMS & CONDITIONS
Last updated 15/07/2021.
Welcome to MANNING CARTELL, owned and operated by MANNING CARTELL Pty Ltd (ABN 68 113 994 675) (MANNING CARTELL, we, us, our). This website (manningcartell.com.au) (website) operates as an ecommerce store for our products and also as a platform where we provide you with information about our products and our business generally.
1.Terms and Conditions
- By using the website, each visitor (you, your) agrees to be bound by these terms and conditions (Terms and Conditions). Please read them carefully. Your use of the site indicates your acceptance of these Terms and Conditions, as does your purchase of any of our products via the website.
- We may vary these Terms and Conditions from time to time and we will publish the varied terms on the website. It is your responsibility to check the website periodically for changes. Your continued use of our website and/or purchase of our products following any changes indicates your acceptance of the changes. The date of the latest revision will be set out above.
- We reserve the right to prohibit anyone from using the website for any reason.
- You must use the website and our products for lawful purposes and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of the website and/or our products.
- You can browse the website without creating an account, however, sometimes we may require you to create one to place an order and/or access certain functions of the website, including purchasing our products (Account).
- Where you create an Account, you are responsible for maintaining the confidentiality of your password and registration attached to your Account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
- If you would like to delete your Account for any reason, please contact us using the contact form on our website.
- You agree to provide current, complete, and accurate order and account information for all purchases made at our store, including when registering an Account. You agree to promptly update your Account and/or any other necessary information, including your email address, delivery address and payment methods (including expiration dates), so that we can complete your orders and contact you as needed.
4. Prices and GST
- Prices on our website are:
- in the currency displayed on the website;
- displayed as inclusive of any applicable taxes, including GST (or similar);
- exclusive of any shipping and delivery costs (which are displayed and added at checkout); and
- are subject to change without notice in our sole discretion, unless expressly stated otherwise.
- We reserve the right at any time to modify or discontinue all or part of our products without notice at any time.
- Payment for all Products and Services must be by credit or debit card, or any other payment method listed on the checkout page of the website (including, for example, Apple Pay, PayPal, AfterPay, Google Pay, etc). Your payment method will be billed as soon as your order is placed.
- All online debit/credit card transactions performed on the website are through secured payment gateways. All payment information is collected and stored by the third-party operators of the secured payment gateways, to be processed as required. We never permanently store complete debit/credit card details.
- Complete debit/credit card details cannot be viewed by us or any outside party.
6. Refunds and replacements under law
- We will provide a refund, repair, or replacement where we are required to do so by law and in accordance with any applicable laws.
- Where you contact us regarding a refund, repair, replacement, we reserve the right to request photographs or other reasonable evidence from you of, or in relation to, any products in question.
- All refunds (including in accordance with this clause and the clause below) will be issued based on the original form of payment. If you paid via bank transfer, you need to give this information to our customer service team when you initiate the return so that we can refund the money directly to your account.
7. Other refund information
- In addition to your rights under any applicable laws, for purchases:
- made online, we will provide refunds and returns in accordance with our e-boutique returns policy available on the website,; and
- made in-store, we will provide refunds and returns in accordance with our in-store returns policy which is available in-store, each of which is incorporated into and forms part of these terms.
8. Gift Cards, store credits, discounts and other offers and promotions
- Sometimes we’ll offer certain discounts, offers and promotions, which will be subject to the below conditions and/or any other specific conditions communicated to you with the applicable offer or promotion.
- Discount codes. MANNING CARTELL may offer discount codes in relation to certain promotions. Discount codes cannot be used in conjunction with any other discount or promotion unless specified otherwise.
- 10% Welcome Sign Up Offer. MANNING CARTELL’s welcome offer extends only to new customers who have not previously subscribed to MANNING CARTELL marketing. The offer is valid for 10% off a total order and valid on full price items only. The unique code is valid for 14 days from sign-up and cannot be used in conjunction with any other offer. To redeem customers must use the email they signed up with and enter unique code at checkout. Offer valid for E-Boutique only. MANNING CARTELL is not responsible for codes that are lost, stolen, destroyed or used without permission.
- VIP Member Loyalty Program. MANNING CARTELL VIP & loyalty discounts apply only on full price products only, this discount is not valid with any other promotion unless stated otherwise.
- FINAL SALE. Final sale items will not be exchanged or refunded if you have simply changed your mind. Please choose carefully when purchasing final sale items.
- The following terms and conditions apply to all types of gift cards and store credits.
- Gift cards/Store credits are non-transferable and cannot be returned or redeemed for cash.
- If you order total is less than the value of the gift card, the remaining balance will be credited to your gift card and can be redeemed at your next purchase.
- If your order total exceeds the value of the gift card, the remaining balance must be paid by you using the payment methods available on the website at the point of order.
- Subject to clause 6 and to the extent permitted by law, an item purchased using a gift card cannot be returned for a refund and can only be returned for a gift card re-issue.
- MANNING CARTELL is not responsible if a gift card is lost, stolen, destroyed or used without permission.
- Promotion codes cannot be applied to the purchase of gift cards unless otherwise stated.
- The following sets out the gift card and store credit options that MANNING CARTELL offers
- Online gift card. Gift cards purchased online from the website are valid for 3 years from date of purchase and accepted online only. Online gift cards may not be redeemed in store.
- Online store credit. These are given when a sale item purchased online is returned online; an online store credit is valid for 3 months from when your return is processed. This can only be used online. This will be emailed to you upon processing your return.
- In store credit. To the extent permitted by law, and in accordance with our refunds and returns policy, refunds are not given for in store purchases. Instead, an in store credit may given when an item is purchased in store and returned to store. This in store credit can only be used in store.
- In store gift card. Gift cards purchased in store can only be redeemed in store, they are valid for 3 years from date of purchase.
- If you have a gift card within three years of the date of purchase which has expired, please contact us to have the card reissued with a three year expiry from your original purchase date.
9. Ordering, errors and product availability
- MANNING CARTELL reserves the right to not accept an order for the purchase of any products on the website for any reason, in its sole discretion.
- Whilst we try to ensure that all details, descriptions and prices which appear on the site are accurate however, we can’t guarantee that will be the case and errors may occur.
- We reserve the right to correct any errors or inaccuracies and to update information at any time without any notice. If we discover an error in the price of any goods that you have ordered, we will notify you immediately and offer you the option to reconfirm your order at the correct price or to cancel your order. In the case that we cannot get in contact with you, we will cancel the order and refund you in full.
- We do not guarantee the availability of an item until the order has been dispatched and we may have to cancel an order if an item is unavailable, in this case you will receive a full refund. If for any other reason we are unable to dispatch your order, we will notify you within 2 business days. MANNING CARTELL reserves the right to cancel suspected fraudulent orders without notice and in such instance they will be automatically refunded in full and emailed with the reason for cancellation.
10. Lost items
- Subject to clause 10.2, where an order from MANNING CARTELL to you is not delivered due to fault of the courier company, we will either (in our discretion, to the extent permitted by law) replace the item, refund you in full or issue a Gift card for the full amount.
- Where a return from the you to MANNING CARTELL is not delivered, it is your responsibility to wear any losses as a result of the lost package. So, it is essential that all returns are sent back to MANNING CARTELL via registered post with tracking facilities. Information on how to process a return can be found on the website.
- Delivery costs are charged in addition to the order total and will be clearly marked at checkout. Delivery costs will not be refunded or credited unless required under any applicable law.
- We will send any purchased products to you using third party freight and delivery companies (such as Australia Post and/or other courier services). If we make any representation in relation to time of delivery, such representation is an estimate only and, to the extent permitted by law, we are not liable to you for any delay in delivery.
- We are also not liable to you, to the extent permitted by law, in relation to any lost, incomplete or erroneous deliveries where you have failed to provide us with accurate details and/or failed to update your details (including your name, email and/or delivery address). Information on shipping and deliveries can be found on the website.
12. International orders, customs charges, duties and fees
Orders shipped internationally may be subject to Customs and import duty fees in the destination country. MANNING CARTELL is not responsible for duties and taxes on international orders. Please contact your local customs office to confirm fees and information regarding import taxes prior to placing an order. If you have any questions regarding international orders, please contact firstname.lastname@example.org. Please note, online orders are not processed on Australian Public Holidays or over the weekends.
13. Warranties and Liability
- Nothing in this clause operates to exclude any rights you have, or obligations we have, under any applicable laws, including consumer laws.
- We do not provide warranties of any kind in relation to the website or our products. To the fullest extent permitted by law, and except where otherwise set out in these Terms and Conditions:
- we expressly disclaim all warranties, express or implied, of any kind with respect to the website and our products, including without limitation that the website will be uninterrupted or error-free or with regard to the results that may be obtained from the use of the website, or use of the information, content, service, or products provided through the website; and
- we, our directors, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the website and/or our products.
- To the extent permitted by law the website and our products are provided "as is" and "as available" for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement.
14. Acceptable use
You must not:
- copy, modify, or create derivative works based on the content available on the website;
- infringe the intellectual property rights, privacy or confidentiality of any third party;
- engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or
- post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening.
15. Intellectual Property
- We own, or are the licensee of, the intellectual property rights in the content available on the website, including text, graphics, photographs, logos, icons, sound recordings and software. These Terms and Conditions do not transfer any intellectual property rights from us to you or any third parties.
- You must not (without our consent):
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the content or material downloaded from the website; or
- use our name, logo, graphics, and logos which appear on the website.
16. Third party products and linked websites
- We may use third party products and services in our provision of this website and our Products and Services to you (Third Party Products). You acknowledge that:
- your use of, and access to, such Third Party Products may be subject to additional fees and separate terms issued by the supplier of such Third Party Products (Third Party Supplier), which will form a separate agreement between you and the relevant Third Party Supplier;
- we make no representations or warranties in relation to, and do not accept liability for, any such Third Party Products; and
- we may suspend your use of, or access to, the Third Party Products at any time, including on request from the Third Party Supplier.
- The website and our Products and Services may contain links to third-party websites, products, and services. We do not make any representations or warranties in relation to, and we exclude all liability from, such third party websites, products and services.
For the purposes of contacting and/or providing notices to MANNING CARTELL under these Terms and Conditions, or for any questions, you can do so on: +61 (02) 9557 7277 or email@example.com.
We may at any time and without notice, modify, suspend or terminate the operation of, or access to the website, or any part of, for any reason, to interrupt the operation of the website, or any part of, as necessary to perform maintenance, error correction or other changes.
- Nothing in these Terms and Conditions will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
- These Terms and Conditions contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.
- Any failure by us at any time to enforce these Terms and Conditions or any rights will not be a waiver of such rights or affect the validity of these Terms and Conditions.
- If any provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
- These Terms and Conditions are governed by, and construed in accordance with, the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms and Conditions.