Terms & Conditions
Thank you for purchasing a beautiful item from Melani The Label. Please note that by using this website, you (Customer or you) agree to be bound by the following terms and conditions between you and Melani & Co Pty Ltd ACN 659 061 015 (Melani The Label, we, or us):
In this Agreement, unless the contrary intention appears:
(a) headings are for ease of reference and do not affect the interpretation of this Agreement;
(b) the singular includes the plural and vice versa;
(c) other grammatical forms of defined words have corresponding meanings;
(d) a reference to a clause is to a clause of this Agreement;
(e) a reference to this Agreement or any other document includes a reference to it as novated, altered or replaced;
(f) a reference to a party includes a reference to that party's heirs, executors, administrators, successors and assigns;
(g) words importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies;
(h) an agreement, representation or warranty in favour of two or more persons is in favour of them jointly and severally;
(i) an agreement, representation or warranty made by two or more persons binds them jointly and severally;
(j) a provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Agreement or the inclusion of the provision in the Agreement;
(k) the background to this Agreement forms part of this Agreement and has effect as if set out in full in this Agreement;
(l) each and every provision of this Agreement shall be read and construed as a separate and severable provision so that if any provision shall be void or otherwise unenforceable then such provision shall not only be severed but the remainder shall be read and construed as if the severed provision was omitted therefrom; and
(m) where the consent or approval of a party to this Agreement is required hereunder to any act matter or thing such requirement shall in the absence of any express stipulation to the contrary mean the prior written consent or approval in the absolute discretion of such party.
2 SALE OF GOODS
2.1 We will sell and transfer and you will buy and acquire the products ordered from us pursuant to the terms of this Agreement (‘Goods’).
2.2 The list of Goods that we offer to sell is as attached to this Agreement and/or as available on our website and/or as otherwise advised to you from time to time. The list of products is subject to change without notice.
3 DESCRIPTION OF GOODS
A description of the Goods is mentioned on our website. Whilst we attempt to ensure that there are no changes to the Goods to be supplied, it is possible that there might be some minor variations to the look, description and/or specification of the Goods.
4 PAYMENT TERMS
4.1 We also accept payment via Credit Card through Shopify, AfterPay or PayPal. Please see the relevant website for their user agreement, including privacy policies and security arrangements.
4.2 When paying by credit card, you authorise Shopify, AfterPay or PayPal to debit your nominated card at the time of the order.
5.1 All prices are in Australian dollars and, where applicable, are inclusive of GST. Online prices may be subject to change without notice, and may differ from prices available elsewhere.
5.2 International duties, taxes or charges levied on the goods on arrival in your country, or any other fees or charges you may incur in relation to a foreign transaction, are your responsibility. If you require further information about your country’s taxes and duties, please contact your local customs or other relevant authority directly.
6 TITLE TO GOODS
6.1 Ownership of the Goods shall not pass to you until you pay us all monies owing in respect of such Goods.
6.2 Until property in the Goods passes from us to you, it is agreed that:
(a) You shall retain the Goods in such manner that they are readily identifiable as our property;
(b) The Goods supplied shall nevertheless be at your risk;
(c) You shall not in any way deal with, or part with possession of, the Goods, or any part thereof, or attempt to do so;
(d) You shall return the Goods to us should we request you to do so;
(e) You shall hold the Goods as our bailee and shall hold any proceeds from the sale or disposition of Goods on trust for us.
7 PERSONAL PROPERTY SECURITIES ACT
7.1 Upon assenting to this Agreement, you agree that this Agreement constitutes a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) ('PPSA').
7.2 To secure payment of Goods and/or the performance by you of your obligations under this Agreement and any other contract to which this Agreement applies or may in the future apply, you grant to us a security interest (within the meaning of the PPSA) in:
(a) all Goods previously supplied by us to you (if any); and
(b) all Goods that will be supplied in the future by us to you.7.3 You will perform such acts and provide such information as in our opinion is necessary or desirable to enable us to perfect our security interest under the PPSA (including by registering the security interest on the Personal Property Securities Register).
7.4 It is agreed that:
(a) You shall indemnify and reimburse to us on demand any costs and expenses incurred in registering a financing statement and/or a financing change statement and/or in releasing any Goods to which the security interest applies or did apply;
(b) You waive your right to receive a verification statement in accordance with section 157 of the PPSA;
(c) You waive your right to receive notices in accordance with section 144, 95, 118, 121, 130,132 and 135 of the PPSA; and
(d) You waive your right to receive information about interested persons relating to our security interest and neither are you required to provide this in accordance with section 275 of the PPSA.
8.1 We ship via the carrier specified in the Shipping Policy. We will strive to meet the requirements of your requested delivery date. However, we will not be liable for any losses you suffer as a result of a delay or failure to deliver the Goods.
8.2 All Goods will be quality controlled and placed in sealed packaging before dispatch. Goods will be at your risk once we hand them over to the carrier. We are not liable for any damage to or tampering with the Goods during delivery.
9 RETURNS AND CANCELLATIONS
9.1 It is your responsibility to inspect the Goods on delivery and advise us as soon as possible and within the period provided in our Refund Policy, of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. You will afford us a reasonable opportunity to inspect the Goods following delivery if you believe the Goods are defective in any way. Should you fail to strictly comply with this clause, the Goods shall be presumed to be free of any defect or damage. Non-delivery must be reported immediately.
9.2 All orders are final and cannot be cancelled once the order has been confirmed and the final invoice has been generated. Unless otherwise provided in our Refund Policy, we do not accept returns for unsold Goods and change of mind.
9.3 Our pieces may be shipped to you with care instructions. It is important you follow these instructions for the maintenance of your goods. We do not offer refunds, replacement or free repair for goods that you damage by misuse, including by failure to follow care and maintenance instructions.
9.4 In all other respects, our Refund Policy will apply as a part of this Agreement.
10.1 To the full extent permitted by law, and except as set out in our warranty terms for each good, we make no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use or suitability for resale in relation to any Goods supplied to you.
10.2 Melani The Label and Customer acknowledge that the provisions of the Competition and Consumer Act 2010 (Cth) (Act) and any other statutes from time to time enforced in Australia may imply warrantiesor conditions or impose guarantees or obligations upon Melani The Label in relation to the Products which cannot be excluded, restricted or modified except to a limited extent. If any such statutory provisions apply, then to the extent to Melani The Label is entitled to limit its liability under that statutory provision (including, pursuant to Schedule 2, Section 64A and 276A of the Act), Melani The Label’s liability shall be limited to any one or more of the following at its sole discretion:
(a) in the case of any good, the replacement or repair of the good, or the supply of equivalent goods, or the payment of the cost of replacing or repairing the goods or acquiring equivalent goods,
(b) in the case of any service, the supply of the services again, or the payment of the cost of having the services supplied again.
11 ORDER DISPATCH
11.1 Your order will only be shipped once payment arrangements and delivery details have been approved.
11.2 Please see our Shipping Policy, which contains details provisions in respect of delivery of the Goods to you. The Shipping Policy is a part of this Agreement.
12.1 Estimated delivery dates are approximate and for guidance only. We try our best to get your order dispatched to you as soon as possible, but we are sometimes affected by delays outside of our control. Pre-orders are considered final orders and cannot be cancelled once paid. We reserve the right to cancel the production of any of the Goods in our range. If this occurs, the payment received for the cancelled product will be refunded in full to you.
13 COPYRIGHT AND INTELLECTUAL MATERIAL
13.1 All product images and product copy are subject to copyright and are the property of Melani The Label.
14 PRODUCT MODIFICATION
14.1 The Goods cannot be modified or offered for resale or distribution in any way. For proper care and disposal of the Goods, please see the guidelines supplied with the products and/or available on our website.
15.1 We cannot be held liable for any losses, costs, damages and expenses (including legal costs) resulting from claims arising out of your breach of this Agreement.
16.1 If any of the terms or conditions in this Agreement are or become for any reason wholly or partly invalid, that term or condition shall to the extent of the invalidity be severed without prejudice to the continuing force and validity of the remaining terms or conditions.
17.1 Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under this Agreement or any other contract to which this Agreement applies by us does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under this Agreement.
17.2 A waiver or consent given by us under this Agreement is only effective and binding on us if it is given or confirmed by us in writing.
17.3 No waiver of a breach of this Agreement operates as a waiver of another breach of that term or condition or of a breach of any other term or condition in this document.
18.1 The Shipping Policy, the Refund Policy available on our website (https://melanithelabel.com/ or as notified from time to time) (Policies) are part of this Agreement. In case of any inconsistency between the terms provided in this document and the Policies, the provisions of this document will prevail.
19 SMS MARKETING