Terms & Conditions
1. OWNERSHIP
Company Name: Megapolis Brand Pty Ltd
ABN: 16 644 717 377
Address: Armadale, VIC 3143
Email: [email protected]
Phone (03) 85037106
2. DEFINITIONS
ACL means the Australian Consumer Law found in the Competition and Consumer Act 2010 (Cth). Business Day means a weekday in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Binding Contract means a mutual agreement between you and us in which a court can impose penalties if either you or us fail to adhere to the agreement.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Fee means a fee for the delivery of Goods.
Goods mean the items offered for sale on the Website.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
The law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Us under these T&C’s.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website.
Privacy Act means the Privacy Act 1988 (Cth).
T&C’s means Terms and Conditions.
Website means the site https://megapolisbrand.com
Website Terms means the terms governing your use of the Website, in addition to these T&C’s. View the Website T&C’s here.
We, Us, Our means Megapolis Brand Pty Ltd (ABN 16 644 717 377) trading as Megapolis Brand.
You and Your means you as the purchaser of Goods from Us pursuant to these T&C’s.
3. GENERAL
3.1. By visiting our site and/or purchasing something from us, indicates your acceptance of the following T&C’s. It is important that you carefully read through these T&C’s before using or engaging in a purchase on our website. If, for any reason, you do not wish to agree to these T&C’s you should cease using our website.
3.2. We reserve the right to refuse or reject any order you place for any reason.
4. PRIVACY
4.1. We collect personal information about you in order to respond to your enquiry or process your orders and for purposes otherwise set out in our Privacy Policy.
4.2. We may at times disclose this information to third parties (including information technology suppliers, communication suppliers and our business partners) to help us deliver our services or as required by law. Such third parties may be located outside of Australia.
4.3. If you do not provide this information we may not be able to provide all of our services and products to you.
4.4. Our policy explains, among other things, how we store and use your personal information, how to gain access to or correct your information and how the complaints process is conducted.
4.5. By providing your personal information to us you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and in this collection notice.
4.6. Your privacy is very important to us and we treat the information disclosed by you seriously. Please read the Privacy Policy for further information.
5. ACCURACY AND COMPLETENESS OF INFORMATION
5.1. The information contained on our Website is not comprehensive and intended only to provide a summary of our products and services. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
5.2. We are not liable to you or anyone else if inference with or damage to your computer systems occurs in connection with the use of this Website or a linked website.
5.3. We reserve the right to amend/change (without any notice to you) the;
5.3.1. T & C’s; and/or
5.3.2. Price of a product.
5.4. If the prices of products on this website are incorrect for any reason, such as human error, computer malfunction or any other reason we will reject that part of the order and provide you with a full refund.
6. LINKED SITES
6.1. Our website may contain links to third-party sites. These links are provided to you for your convenience and may not remain on the site or updated. Unless expressly stated otherwise, we are not responsible for the content on those linked sites and have no control over or rights in those sites.
7. ORDERS
7.1. When you submit an order with us you consent to these T&C’s, each order that you place will be a separate and binding contract between you and us.
7.2. By initiating an order on our website, you represent and warrant that you;
7.2.1. are of legal age to enter into a binding contract with us;
7.2.2. intend to create an offer of purchase; and
7.2.3. understand we reserve the right to request verification of your personal or financial information prior to the completion of the transaction.
8. UNACCEPTABLE ACTIVITY
8.1. It is important you note that use of this Website and the use of its contents is for lawful use only and therefore is strictly prohibited to use for any unlawful reason/purpose. If for any reason you unlawfully use this Website, we reserve the right to prohibit and terminate your use. This includes acts such as:
8.1.1. any act that would constitute a breach of our Website policies;
8.1.2. using this Website to defame or libel us, our employees or other individuals;
8.1.3. uploading files that contain viruses that may cause damage to our property or the property of other individuals; and
8.1.4. posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
8.2. If at any time we allow you to post any information on our Website, we are entitled to take the information down without notice to you.
8.3. We expressly prohibit purchases off our Website and in-store items for resale and/or reselling any of our products as part of any business (including an online business) unless agreed in writing by us.
9. AVAILABILITY OF GOODS
9.1. Sale items are subject to availability of stock and the discount only applies whilst stock lasts.
10. DELIVERY OF GOODS, RETURNS AND EXCHANGES
10.1. Please find information regarding delivery, returns and exchanges on the following links; Returns, Exchanges & Delivery
11. PRICES
11.1. We reserve the right to change the prices of our products without notice with you, however if you have placed an order at a particular price we will supply you with that product at that price (subject to Clause 5).
11.2. If your payment cannot be processed, your order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your order.
12. WEBSITE PROMOTIONS/DISCOUNTS
12.1. We conduct all of our promotions in good faith.
12.2. Any promotion or discount that results in a $0.00 order is deemed invalid.
12.3. All promotions and discounts are subject to Clause 9.
12.4. Subject to Clause 11 a westie promotion does not guarantee you a discount.
13. ACL GUARANTEES
13.1. These T & C’s do not exclude any rights that you may have under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. For further information on Consumer rights and obligations click on the following link.
https://www.accc.gov.au/consumers/consumer-rights-guarantees
[IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.]
14. GOVERNING LAW
14.1. This website is governed by Australian Law and any other applicable State/Territory laws.
15. OUR CONTACT DETAILS
15.1. If you have any questions about the T & C’s, please do not hesitate to contact us.