These Terms & Conditions of Service (“Terms”) constitute an agreement relating to the provision of consumer goods by the Dina Group Pty Ltd ACN 639 743 034 trading as Maral Accessories (“Company”) to the consumer (“Consumer”), a recipient of goods provided by the Company.
DEFINITIONS
Goods
Products acquired by the average consumer for an amount not exceeding $100,000 for personal, domestic or household use or consumption, including ancillary or related services.
Point of sale
The place at which a retail transaction is carried out. The point of sale may occur in person or through the Company website.
Payment portals
Digital payment options include PayPal, AfterPay and Square or any other option chosen by the Company from time to time at its sole discretion
PROVISION OF CONSUMER GOODS AND SERVICES
- The Company is an authorised and exclusive seller of leather goods manufactured by Maral Leather (“Maral”) within the Australian and New Zealand commercial, retail and online markets.
- The Company’s product line includes but is not limited to leather goods manufactured by Maral.
3. Maral leather goods are available for purchase by the Consumer at the Company’s flagship commercial premises located at [xx, Camberwell] (“Camberwell premises”) and online through the Company’s official website.
4. In providing the goods, the Company will exercise the reasonable degree of skill, care and diligence normally expected of a competent professional and in accordance with any applicable laws or regulations.
TERMS OF PAYMENT
5. The Consumer is to make payment in exchange for the purchase of goods offered by the Company at the point of sale, with receipts for payment generated either in print form or disseminated electronically by email.
6. Unless otherwise stated, all fees and expenses and disbursements for goods provided in Australia are in Australian dollars (AUD) and goods provided in New Zealand are in New Zealand Dollars (NZD).
7. Where all online transactions attract additional fees or expenses, these shall be paid to relevant third party provide or the Company by credit card, or Electronic Funds Transfer.
8. Unless otherwise agreed by the Company, for in-person point of sale transactions, all fees, expenses and amounts payable shall be paid to the Company by direct credit, Electronic Funds Transfer or cash.
GST
9. All purchases, expenses and disbursements for, goods provided by the Company are inclusive of the goods and services tax as applicable in the relevant jurisdiction (GST).
ONLINE ORDERS AND DELIVERY
10. The Consumer is permitted to:
(a) access and use the Company’s website to place an order for goods (including orders for clothing, shoes, accessories, gift cards and other goods offered for sale through the website); and
(b) communicate with the Company.
11. By placing an order through the Company’s website, the Consumer is making an offer and commitment to purchase goods. An order is subject to acceptance or rejection by the Company at its discretion upon or after receipt of the order. Provided the Consumer has not accepted delivery of the goods, the Company may exercise its discretion to cancel the order if the order cannot be fulfilled. In the event of cancellation of the order by the Company, the Company will issue the Consumer with a refund if the Company has received payment from the Consumer.
12. The order cannot be cancelled by the Consumer once delivery of the goods is accepted.
13. Once an order is placed and accepted by the Company, the Consumer will receive an email confirming order details and receipt of payment. Should the Company exercise its discretion to cancel the order, the Company will email the Consumer indicating that the order has not been accepted.
14. Where a Consumer places an order through Click and Collect (available for collection at the Camberwell premises), the Consumer will be required to present photo identification and a valid double vaccination status certificate at the point of collection.
15. The Company must make arrangements to fulfil the order, once payment is made and the order is accepted. Further, the Company is required to prepare the order by appropriately packing the goods and initiate delivery of the goods through AusPost or other means at the Consumer’s cost within 14 days of receipt of order and payment in full (including the cost of postage).
GUARANTEES
16. The Company’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Consumer is therefore entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Consumer is 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.
REPAIR, REPLACEMENT OR REFUND POLICY
17. Subject to clause 16 (Consumer Guarantees) and clause 19 (Faulty or Damaged Goods) , the Company will offer a refund, credit note or exchange for goods provided:
(a) the goods are returned within 14 days of receipt of purchase;
(b) the goods have not been worn or damaged;
(c) the original tags are attached;
(d) the item is not a clearance item; and
(e) the Consumer presents proof of purchase.
FAULTY OR DAMAGED GOODS
18. Where a Consumer identifies goods to be defective, they are required to return the defective goods to the Camberwell premises either in person or through the post. Once received, the Company shall undertake an assessment of the goods and identify the nature of the defect.
19. Where the Company assesses the goods as defective (excluding any defect caused by the Consumer), the Company is to provide the Consumer with an option to have the goods repaired, replaced or for a credit note or refund to be issued.
20. The Company may exercise its obligations under its standard warranty (clauses 21 to 26) to repair or replace the goods at first instance.
WARRANTIES
21. The Company provides a 1 year warranty against defect.
22. The applicable standard 1 year warranty period commences from the date of purchase or within 3 days from the date the goods are despatched to the Consumer.
23. Further to and in addition to the warranty offered in clause 21, the Company will also offer an after-sale servicing of goods, for up to 10 years from the date of purchase as described in clause 22 (subject to the Consumer providing a proof of purchase). After sale service includes minor repairs such as reattachment of buttons and tags, and re-upholstery of zips.
24.Except as required by law (including the Australian Consumer Law), the Company’s liability under this warranty shall not exceed the amount of the purchase price of the goods or the replacement of the goods with the same or a similar product.
25. The goods may contain a warranty documents on or inside the product packaging provided by the manufacturer of the imported goods. Unless expressly stated to relate to the Australian and/or the New Zealand markets, any such warranty documents are not given by the Company and may not apply in Australia.
26. Subject to the terms and conditions of this warranty and where applicable, where goods are identified as defective by the Consumer and assessed by the Company as defective within 1 year from the date of purchase, the Company agrees to repair the goods or issue a store credit for the full amount of the purchase price (in the event where it is not possible to provide an identical replacement or an item to the same or equivalent value).
PRODUCT RECALL
27. If the Company is the subject of a request, court order or other directive of a Government Agency to recall or withdraw any goods from the market (“Recall Notice”), it must immediately notify the Consumer in writing and enclose a copy of the Recall Notice.
28. If any goods are the subject of a Recall Notice, or the Supplier has other reasonable grounds to recall or withdraw the Products from the market, the Customer must comply strictly with any requirements set out in the relevant Recall Notice including the process to implement the recall or withdrawal.
29. For the purposes of clause 28, reasonable grounds for the Company to recall or withdraw the goods include, but are not limited to where the goods are or may be unsafe or a defect in the goods may cause harm to the Company’s reputation or brand.
DISCLAIMER
30. It is the Consumer’s responsibility to ensure that the purchased goods are appropriate for the Consumer’s intended use.
31. It is the Consumer’s responsibility to retain their proof of purchase for repair, replacement, refund and warranty purposes.
LIMITATION OF LIABILITY
32. To the maximum extent permitted by law, the liability of the Company, its affiliates, its licensors, service providers, employees, agents, officers or directors, whether in contract, in tort or otherwise, in respect of all claims for loss, damage, expenses or injury arising under or in connection with these Terms (whether express or implied), from any cancellation of these Terms or from any negligence, misrepresentation or other act or omission on the part of the Company, its representatives, agents or sub-contractors shall not in aggregate exceed the purchase price payable for the goods.
33. To the maximum extent permitted by law, if the Company is found liable to the Consumer (whether in contract, tort or otherwise), and the Consumer or a third party has contributed to the loss or damage (e.g. as a result of misuse, exposure to adverse chemicals or mistreatment of the goods), the Company shall only be liable to the proportional extent of its own contribution.
34. Subject to clause 16, where the Company’s liability cannot be excluded, the Company limits its liability as set out in clauses and to the fullest extent permitted by the Australian Consumer Law.
CONSUMER LIABILITY AND INDEMNITY
35. To the maximum extent permitted by law, the Consumer indemnifies the Company from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgments, costs and expenses of any kind whatsoever (including, without limitation, legal fees, service costs and costs of recovering unpaid amounts) arising out of or in any way connected with the Consumer’s own breach of these Terms.
DISPUTES
36. The parties are required to, at first instance, personally resolve any dispute relating to the goods and services provided by the Company. Where relevant, negotiation and mediation are the preferred methods in dispute resolution where attempts to personally resolve the dispute fail.
INTELLECTUAL PROPERTY
37. The provision of goods will not operate so as to transfer or vest in the Consumer any trademark, patent, copyright or other intellectual property. All intellectual property rights in respect of the Company and the goods provided by the Company remain the Company’s or the applicable manufacturer’s property and the Consumer may not use, reverse engineer, interfere with or alter the intellectual property in any way.
PRIVACY ACT
38. The Company may display advertisements from third parties and other content that links to third-party payment portals or websites for payment purposes. Links to third-party sites that are not operated or controlled by Maral Accessories are provided for the Consumer’s convenience. Should a Consumer click on a third-party advertisement or access the Payment portals to make payment, the Consumer accepts that any personal information provided through the third-party payment portal is not subject to the provisions of clauses 38 to 43 and that the terms of conditions of the Payment portals also apply to the payment. The Company shall not be responsible for any breaches by any third party and the Consumer shall in turn indemnify the Company against any liability or loss arising as a result of any breaches by any third party or the Payment portal provider, of the privacy laws.
39. All Consumers opting to purchase goods through the Company’s website irrevocably authorise:
(a) The Company to collect, retain and use such information about that Consumer as the Company may necessarily require for the purposes of:
(i) Processing the Consumer’s payment for purchase of goods;
(ii) Providing the goods to the Consumer;
(iii) Dealing with requests, enquiries or complaints and other customer care related activities and all other general administrative and business purposes; and
(iv) Marketing any goods provided by the Company.
40. Should a Consumer submit the personal information of any other person on the Website, including in the course of making any order, the Consumer warrants that the person is aware of and has consented to the use of their personal information in accordance with these terms.
41. The Company will its use reasonable efforts to maintain reasonable security safeguards to protect a Consumer’s information and take reasonable steps to ensure a Consumer’s information is not disclosed to an unauthorised person or entity.
42. The Company will retain a Consumer’s information for so long as is reasonably necessary to fulfil the Purposes for which it was collected, including for the purposes of satisfying any legal or regulatory requirements.
43. Any information about a Consumer that is collected by the Company will be held by the Company. The Company will comply with its privacy obligations (where applicable) with respect to such information.
FORCE MAJEURE
44. The Company shall not be liable for any breach of these Terms in the event of force majeure, being any failure or delay in the provision of goods and services or any other breach of these Terms caused by strike, industrial dispute, natural disaster, shortage or unavailability of stock, failure of any of the Company’s suppliers to supply related products, delay in transmission of related products, delay in the release of stock by Australian Border Force, import restrictions, legislative, governmental or other prohibition or restriction, fire, flood, pandemics, hostilities, commotions or any other causes whatsoever (whether similar to the foregoing or not) beyond the Company’s reasonable control (“Force Majeure Event”).
45. If the Company considers that a Force Majeure Event has occurred and the Company will be unable to provide or perform the goods or services (respectively) as a result of a Force Majeure Event, the Company will promptly notify the Consumer of that fact and may suspend the provision of goods and services. Any suspension by the Company will be limited to the period during which the Force Majeure Event continues. Where the provision of goods and services by the Company has been suspended for a period of 30 consecutive days or more, the Company may immediately terminate the contract by giving written notice to the Consumer.
NOTICES
46. Each notice or other communication under these Terms is to be made in writing by personal delivery or by post to the addressee at the address, and marked for the attention of the Consumer.
47. A communication will be deemed to be received:
(a) In the case of a letter, on the seventh Working Day after posting;
(b) In the case of personal delivery, when delivered; and
(c) In the case of emails upon delivery to the Consumer’s last known email address provided that no notification of failed delivery has been received by the Company, provided that any notice given after 5:00pm or on a day which is not a Working Day shall be deemed to be given at 9:00am on the next Working Day.
GENERAL
48. These Terms set out the entire agreement and understanding between the parties and merges all prior discussions between them. No party will be bound by any conditions, warranties or representations except as expressly provided in these Terms or the associated reseller agreement or licence agreement.
49. Any waiver, delay or failure to execute any rights by the Company shall not be deemed a waiver of that right or any further or other right of the Company. No waiver is effective unless it is in writing.
50. If any provision of these Terms is, or becomes, unenforceable, illegal or invalid for any reason, the relevant provision shall be deemed to be modified to the extent necessary to remedy such unenforceability, illegality or invalidity or if this is not possible then such provision shall be severed from these Terms, without affecting the enforceability, legality or validity of any other provision of these Terms.
51. The Consumer may not assign its rights and obligations under these Terms without the Company’s written consent.
52. The Company reserves the right to update or change these Terms at any time.
53. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and Victoria. The parties submit to the exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction.
