Terms & Conditions
These Terms and Conditions form a contract between the customer (you) and The Merch Store Pty Ltd ABN 36 640 689 774 and apply to the ordering, purchase, fulfilment and delivery of goods from www.themerch.com.au
Please read these Terms and Conditions carefully before placing your Order with The Merch Store Pty Ltd as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please contact our office on 1300 548 396 and a consultant will assist you or email us.
The following definitions are used in these Terms and Conditions.
Business Days means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.
Delivery Address means the shipping address to which the Goods are to be shipped as stated on the Default Shipping Address on the Website.
Delivery Agent means any nominated third party delivery or shipping company providing this service for The Merch Store.
Delivery Fee means the Shipping Fees charged by the Delivery Agent of The Merch Store for the delivery of Goods.
Goods means the items offered for sale, described or displayed on the The Merch Store Website.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999.
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 The Merch Store, in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988.
Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, excluding GST).
Returns Policy means the The Merch Store Returns Policy section found on the Website.
Terms and Conditions means these terms and conditions, as amended from time to time.Website means www.thmerch.com.au.
Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.
We or Us or Our or The Merch Store means The Merch Store Pty Ltd ABN: 36 640 689 774
You or Your means you as the purchaser of Goods from The Merch Store pursuant to these Terms and Conditions.
2. Compliance with Terms and Conditions
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and The Merch Store Pty Ltd with respect to the supply of Goods, in accordance with these Terms and Conditions.
3. Placing Orders for Goods
3.1. You may place an Order through the Website by completing the check out process on the Website as a registered user or account customer.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee, if any and for the avoidance of doubt, GST) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our consent.
3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for commercial use, and quantity restrictions may apply as set out on the Website from time to time.
3.4. In completing the check out process on the Website as a registered user or account customer, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient/delivery address) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. The Merch Store will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient/delivery address) due to inaccurate or incomplete personal details provided in respect of an Order by you.
3.5. You agree to obtain consent from the recipient/delivery address of a purchase when providing their personal details to The Merch Store.
3.6. You may Order from The Merch Store if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.7. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement with The Merch Store.
3.8. You will be provided with an automatic Purchase Order Confirmation Number upon completion of the checkout process on our Website. The Purchase Order Confirmation Number is required when contacting us.
4. Acceptance and Rejection of Orders
4.1 The Merch Store reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it represents an agreement by The Merch Store to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. The Merch Store will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. The Merch Store is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5. Availability of Goods
5.1. You acknowledge and agree that from time to time, some Goods on the The Merch Store Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, The Merch Store will contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. The Merch Store is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. The Merch Store will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, The Merch Store will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions.
5.4 You acknowledge and agree that: a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life; b) you have read any corresponding written description of the Goods prior to submitting your Order; c) the colour of Goods as shown on the Website may vary slightly in shade in real life; d) where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and e) any accessory featured with the Goods is for illustration purposes only.
6. Price and Payment
6.1 The Price in respect of a product is specified on the Website.
6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, exclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.
6.3 The Merch Store reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any Order, we will charge you and you agree to pay: a) the Price (which is the Price at the time the Order is submitted); and b) the Delivery Fee (if any).
6.5 You can pay for your Goods by any of the methods specified on the The Merch Store Website from time to time, which include but are not limited to credit card or Pay Pal. When paying by credit card, you authorise The Merch Store to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by The Merch Store before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive a tax Invoice by email once payment in respect of your Order has been processed.
6.9 The Merch Store uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
All Purchase Orders are processed within 24 hours unless the items are on back order. In this case you will be notified of the estimated time of delivery.
Our delivery times for most products excluding those that require decorative work and printing are generally 2-3 working days to major cities and 3-5 days for regional areas.
In the event that your order is required urgently, we can provide a quote for faster delivery.
In some circumstances additional freight charges may be necessary and you will be notified prior to the transaction being processed.
7.1 The Merch Store uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 You acknowledge and agree that notwithstanding anything else stated on the Website: a) The Merch Store cannot guarantee that delivery will occur in the stated delivery time frames; b) Delivery time frames may change from time to time due to unforeseen circumstances; and c) Except where required by applicable law, The Merch Store is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.3 Delivery of Goods will take place at the Delivery Address specified by you during the Order process.
7.4 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.
7.5 Where you do not collect your Goods from the Australia Post office within 10 working days of a failed delivery, you must contact The Merch Store on 1300 548 396 or email us for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.6 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If your delivery has missing and or incorrect Goods not as ordered or there is obvious damage to the Goods due to transit, you must contact our office as soon as practicable on 1300 548 396 or email us at [email protected] and quote your Purchase Order Confirmation Number and Invoice number.
8. Risk and Title
The goods delivered by the Company to a buyer remains the Company’s property until the price for them is received in full.
9. Order, Cancellations and returns
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with the Returns Policy.
9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions. In order for your return or exchange to be processed the goods must be returned in the exact same condition that they have been received in. This also includes any swing tickets or tags that are attached to the garment.
9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. The Merch Store is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. The Merch Store is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
10. Promotions and Discounts
You may receive online offers and promotions that include a promotional or coupon code (Code) for use when shopping at The Merch Store. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from The Merch Store. Any Code is non-transferable and may not be used in conjunction with any other offer.
11.1 To promote responsible and transparent handling of personal information, we will operate in accordance with the Privacy Act 1988.
12. Website Terms
The The Merch Store Website Terms form a part of these Terms and Conditions.
13. 1 The Customer shall inspect the Goods on delivery and shall ten (10) days of delivery (time being of the essence) notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be from any defect or damage.
13.2 For defective Goods, which the Seller has agreed in writing that the Customer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods
14. Defaults and Consequences of Defaults
14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month, after as well as before any judgement.
14.2 If the Customer owes the Seller any money the Customer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Sellers collection agency costs and bank dishonour fees).
14.3 Further to any other rights or remedies the Seller may have, if a Customer has made payment to the Seller and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any other further costs incurred by the Seller.
15. Warranties You Make to The Merch Store
You represent and warrant to The Merch Store that: a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to The Merch Store; b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so; c) you are over the age of 18; d) in placing your Order, you have read and agree to these Terms and Conditions; and e) in placing your Order, complied with all Laws.
16. The Merch Store Liability to You
16.1 Subject to any rights you have under any consumer protection law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
16.2 Subject to any rights you have under any consumer protection law which cannot be excluded, The Merch Store excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
16.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
17.1 The Merch Store reserves the right to, at its discretion; terminate your access to and use of the Website: a) For convenience, at any time, upon provision of notice to you; b) Immediately; i. If The Merch Store reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or ii. If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
18.1 The Merch Store reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with The Merch Store with respect to that Order.
18.2 The Merch Store may give notice to you by electronic mail. You may give notice to The Merch Store by electronic mail to our office at [email protected].
18.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
18.4 A failure or delay by The Merch Store to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by The Merch Store does not preclude its future exercise or the exercise of any power or right.
18.5 The laws of New South Wales, Australia govern this agreement. Your transaction is deemed to have taken place in Liverpool, New South Wales.