Terms and Conditions
Morgans Pomade Australia (Morgans, we, us, our) use these terms and conditions.
When you submit an order on www.morganspomadeaustralia.com you accept these terms.
1.1 “You, Your” means the individual or organisation who buys or agrees to buy the Goods from the us;
1.2 “Consumer” shall have the meaning ascribed in section 4B of the Competition and Consumer Act 2010 (Cth);
1.3 “Contract” means the contract between the us and you for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 “Goods” means the articles that you agree to buy from us;
1.5 “Us” means Lautremont Pty Limited trading as Morgans Pomade Australia ABN 78 048 696 063 P.O Box 7406 McMahons Point 2060.
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by us;
1.7 “Website” means MorgansPomadeAustralia.com.au
2.1 Nothing in these Terms and Conditions shall affect your statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by us to you and shall prevail over any other documentation or communication from you.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the your acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.
2.5 Any complaints should be addressed to our address stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be an offer by you to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by us. We may choose not to accept an order for any reason.
3.2 Where the Goods ordered by you are not available from stock you shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
3.3 When making an order through the Website, the technical steps you need to take to complete the order process are described in the Order Process section within the website.
- Price and Payment
4.1 The price of the Goods will be on the Website. The price quoted is exclusive of delivery costs.
4.2 The total purchase price, including delivery charges, if any, will be displayed in your shopping cart prior to confirming the order.
4.3 After the order is received we will confirm by email the details, description and price for the Goods.
4.4 Payment of the price plus delivery charges must be made in full before dispatch of the Goods.
- Rights of Seller
5.1 We reserve the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which you place an order.
5.2 We reserve the right to withdraw any goods from the Website at any time.
5.3 We will not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
- Age of Consent
6.1 Where Goods may only be purchased by persons of a certain age you will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If we discover that you are not legally entitled to order certain Goods, we shall be entitled to cancel the order immediately, without notice.
We warrant that the Goods will at the time of dispatch correspond to the description given by us.
8.1 The delivery times of 3 to 7 days is an estimate only and factors (some of which are beyond our control) can affect timeframes.
8.2 Goods supplied to New Zealand will normally be delivered within 14 working days of acceptance of order.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, you will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4 We will use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to your address specified in the order and you shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to you upon delivery of the Goods.
- Cancelation and Return
9.1 You shall inspect the Goods immediately upon receipt and shall notify us e-mail to sales@mongansPomadeAustralia.com.au within 1 working day of delivery if the Goods are damaged or do not comply with the Contract. If you fail to do so you shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be returned by you to us. You shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9.3 When an order is confirmed by you, you will be unable to cancel or change it. Amendments after the order has been shipped will need to go through the normal returns process, please refer to our returns policy for further details. Please note that change of mind, don’t like or no longer want the product, returns are not permitted under these terms and conditions. As a general rule, we will not change or replace your order where you have made an error. Should this be agreed, it will be at our absolute discretion.
9.4 Goods must be returned by you at your expense and should be adequately insured during the return journey. You will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If you fail to return the Goods following cancellation, we shall be entitled to deduct the cost of recovering the Goods from you.
9.5 Goods to be returned must clearly show the order number obtained from us on the package.
9.6 Where returned Goods are found to be damaged due to your fault you will be liable for the cost of remedying such damage.
- Limitation of Liability
10.1 We are not liable for any losses or damages caused by this website or any website linked to or from this website.
10.2 The Website may be unavailable from time to time and we cannot guarantee its use without faults, disruptions, or interruptions to the site.
10.3 Nothing in these terms and conditions are intended to limit any rights of the Customer under the Competition and Consumer Act 2010 (Cth)
10.4 If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by us in connection with the terms and conditions and our liability for failing to comply with that guarantee cannot be excluded but may be limited, the content of the ‘Exclusion’ section will not apply to that liability and instead of our liability for such failures that are limited to (at our election), in the case of a supply of goods, replacing the goods, supplying equivalent goods, repairing the goods, or in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.
10.5 Any claim by you against us for loss or damage however caused (including by our negligence), suffered by you in connection with:
- i) a shortfall in the number of Goods delivered in an order must be made within 7 days of the date that order is delivered to you and any such claim not made within 7 days is absolutely barred; and
- ii) defective Goods must be made within 7 days of the date that you receive the Goods and any such claim not made within 7 days of that date is absolutely barred.
10.6 We are not liable for:
- i) any errors, mistakes or inaccuracies due to photographic or screen limitations associated with the images and representation of that item that may differ from the website to the actual product, including but not limited to colour or size.
- ii) Personal injury or property damage as a result of your use of our website
iii) Any unauthorised access to your account or personal and financial information should someone other than yourself as the account holder gain access to our site or secure servers with your login and password details.
- iv) any virus’s or harmful code that may cause damage to any property that may be transmitted from any other Websites that have been accessed as links from our Website.
10.7 We have no control over third party Websites, and assume no responsibility or liability for the content, policies, practices or transactions you and any third party may be involved in, including access to their website from links or banners attached on the website.
10.7 In accepting these terms and condition, you agree to accept sole responsibility for the legality of your actions during your use and purchases made via the website under the laws which apply and that we have no responsibility for the legality of your actions.
No waiver by us (whether express or implied) in enforcing any of our rights under this contract shall prejudice its rights to do so in the future.
- Force Majeure
We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of our obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
- Changes to Terms and Conditions
We shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by you upon making a purchase.
- Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of New South Wales, Australia and the parties hereby submit to the exclusive jurisdiction of these courts
- Privacy and Confidentiality
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible and have no control over, and assume no responsibility for the content, privacy policies, terms or practices of any third party sites or services. We strongly advise you review the policy for each site you are visiting.
Post: P.O Box 7406 McMahons Point 2060
Telephone: +61 404 639 523