Terms

This document sets out the terms and conditions of sale (Terms and Conditions) for all Goods provided by MAR DE ROSAS.

 

  1. AGREEMENT
    1. These Terms and Conditions apply to all orders and agreements for the purchase of Goods by the Customer from MAR DE ROSAS.
    2. By the Customer receiving a copy of these Terms and Conditions and then ordering Goods from MAR DE ROSAS, these Terms and Conditions shall have immediate effect and are binding on the parties.
    3. An order made by the Customer constitutes an offer by the Customer to purchase the Goods subject to these Terms and Conditions and shall, upon written acceptance of the order by MAR DE ROSAS, constitute a binding agreement to purchase the Goods.
       
  2. USE OF THE WEBSITE
    1. In using MAR DE ROSAS’s website, the Customer agrees not to use the website in a way that causes or is intended to cause access to the website to be impaired, interrupted or damaged in any way, including but not limited to:
      1. Causing annoyance or nuisance, inconvenience or mischief;
      2. Fraudulent purposes or in association with unlawful activity;
      3. Breach of any right under Australian law, including but not limited to copyright, trademarks, confidence and privacy.
    2. MAR DE ROSAS assumes that all sales are made to persons over the age of eighteen (18). If a purchase is made by a Customer under the age of 18 a parent or guardian must be involved.
       
  3. TERMS OF PAYMENT
    1. The Customer must pay the price plus GST for the Goods supplied by MAR DE ROSAS. Unless stated otherwise, quoted prices are GST exclusive.
    2. MAR DE ROSAS will render an invoice to the Customer at the time the order is accepted by MAR DE ROSAS. This invoice shall quote the number of the order.
    3. Unless otherwise agreed in writing, payment for all Goods (as well as GST) shall be made at the time of the order for the Goods. The Customer must not withhold any amount of the payment by reason of a dispute that exists between the Customer and MAR DE ROSAS or by reason of any set-off or counter claim by the Customer.
       
  4. PRICING AND AVAILABILITY
    1. Prices are shown in AUD and are charged in AUD.
    2. MAR DE ROSAS may, at its discretion and without prior notice to or consultation with the Customer, alter the prices appearing on its price list at any time.
    3. The purchase price for Goods will be the price appearing on MAR DE ROSAS’s price list, current at the date on which the Goods are ordered. Where the supply of Goods by MAR DE ROSAS is a taxable supply for the purposes of any legislation in respect of goods and services tax (GST), GST at the appropriate rate will be added to all prices quoted and will be separately detailed on all invoices.
    4. Notice of acceptance of the Customer’s order will generally be conveyed by MAR DE ROSAS to the Customer by means of a confirmation of the order (Order Confirmation) (noting that the order may be accepted by other means).
    5. Orders may not be altered or cancelled without MAR DE ROSAS’s written consent. Such consent may be withheld at MAR DE ROSAS’s unfettered discretion, and they shall be liable to MAR DE ROSAS for any loss, damage, costs or expenses incurred by MAR DE ROSAS in relation to the alteration or cancellation.
    6. MAR DE ROSAS lists products on its website as indicated. Whilst MAR DE ROSAS uses its best endeavors to fulfil orders, it cannot be held responsible where a product is not available at a given point in time.
       
  5. COMPLETION/DELIVERY
    1. Any date named or accepted by MAR DE ROSAS for the Delivery of Goods is an estimate only and does not constitute a condition of the contract for the purchase of the Goods. If a date is specified on a Customer’s order and/or verbally, for Delivery of the Goods, Delivery within 21 days of such date shall constitute Delivery by the due date.
    2. If confirmation by the Customer is required to validate an order, any delay in so doing will be added to the Delivery date originally quoted.
    3. Delivery charges and timeframes may vary depending on the location of the delivery address.
    4. Delivery of Goods ordered shall be affected by MAR DE ROSAS making Delivery to the premises of the Customer specified on the order unless the Customer nominates another manner of Delivery in which case Delivery will be effected at the time risk passes to the Customer in accordance with clause 6.1.
    5. Whilst MAR DE ROSAS will endeavor to deliver all orders complete and by the date specified on the order, MAR DE ROSAS will not be held responsible or liable, if Delivery is made late or cannot be made (including MAR DE ROSAS being forced to cancel certain products), due to circumstances outside its control.
    6. MAR DE ROSAS may cancel an order at any time (at its sole discretion) in the event it determines that the design of the Goods covered by the order is or is likely to be unsatisfactory in relation to the process of manufacture. MAR DE ROSAS will not be responsible or liable for any loss, damage, costs or expenses that may arise from non-Delivery of Goods the subject of an order.
       
  6. Risk
    1. Risk passes to the customer upon delivery to the address nominated by the customer.
       
  7. Sale
    1. Any sale is for a limited time only and MAR DE ROSAS reserves the right to withdraw the sale at any given time without notice.
    2. Sale is advertised and applied to the product automatically.
       
  8. WARRANTIES AND RETURNS
    1. The guarantees, warranties and conditions implied by or provided by law or statute which cannot be excluded by contract are included in these Terms and Conditions. All other guarantees, warranties and conditions under any legislation, the common law, equity, or trade or custom are expressly excluded from these Terms and Conditions.
    2. Without limiting the other provisions of this clause 8, where the Goods, or any part of them, are not of the kind ordinarily required for personal, domestic or household use or consumption then the liability of MAR DE ROSAS under Part 3-2 Division 1 of Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("the Australian Consumer Law") is limited to one or more of the following pursuant to section 64A of the Australian Consumer Law, at MAR DE ROSAS’s discretion:
      1. The replacement of the Goods or the supply of equivalent Goods;
      2. The repair of the Goods;
      3. The payment of the cost of replacing the Goods or of acquiring equivalent Goods;
      4. The payment of the cost of having the Goods repaired;
    3. Where the Customer alleges that Goods delivered by MAR DE ROSAS are either defective or not the Goods ordered by the Customer, a request for a return must be made in writing by the Purchaser within seven (7) days of receipt of Goods. No claims will be recognised if made more than 7 days after Delivery.
    4. Goods alleged by the Customer to be defective or incorrectly delivered, and accepted by MAR DE ROSAS such, will be rectified by MAR DE ROSAS pursuant to clause 8.2.
    5. The Customer must not carry out any remedial work to the alleged defective Goods without first obtaining the written consent of MAR DE ROSAS to do so.
    6. MAR DE ROSAS reserves the right to inspect Goods prior to determining the whether they are defective or have been incorrectly delivered. If the Goods are in the custody of MAR DE ROSAS for investigation or repair they shall be at the risk of the Customer and no liability shall be attached to MAR DE ROSAS, its servants or agents for damage occasioned to the Goods however arising.
    7. MAR DE ROSAS will not accept returned Goods unless the return is authorised in writing by MAR DE ROSAS.
    8. A processing and handling fee may be charged to the Customer for any returns.
    9. If MAR DE ROSAS inspects the Goods and determines that they are not defective or incorrectly delivered, then it reserves its rights to charge the Customer for any costs incurred in relation to the transportation and inspection of the Goods and any subsequent re-Delivery.
    10. Refunds will not be given where the Customer wishes to return the Goods because it has changed its mind or wishes to vary the order, however, MAR DE ROSAS may agree, at its absolute discretion, to accept a return and give a credit to the Customer’s account.
    11. MAR DE ROSAS is not responsible for defects caused by or which arise from ordinary wear and tear, lack of maintenance, unintended use, misuse, abuse, improper or unsuitable installation, external accidents or other causes beyond the reasonable control of MAR DE ROSAS.
       
  9. ASSIGNMENT
    1. MAR DE ROSAS may at its discretion, assign its rights and or subcontract its obligations in connection with the performance of the contract for supply of Goods under these Terms and Conditions.
    2. The Customer must not assign any of its rights or obligations in relation to the performance of the contract under these Terms and Conditions without the prior written consent of MAR DE ROSAS, such consent being at MAR DE ROSAS’s absolute discretion.
       
  10. CHANGES TO THE TERMS AND CONDITIONS
    1. MAR DE ROSAS reserves the right to change the website, policies, terms and conditions at any time.
    2. Changes will be effective immediately upon publication on the website. The Customer’s continued use of the website following the publication will represent an agreement by the Customer to be bound by the terms and conditions as amended.
    3. It is the Customer’s responsibility to be aware of the terms and conditions as they may be altered.
       
  11. GOVERNING LAW
    1. These Terms and Conditions are governed by the laws applicable of the state of New South Wales in Australia. Both parties submit to the exclusive jurisdiction of the New South Wales Courts.

 

Contact Us

For further information about our Terms & Conditions, please contact us:

Mar de Rosas Swimwear
PO Box 3635
Rhodes NSW 2138
Australia


admin@marderosas.shop