Last updated on [May 2022]
These terms and conditions (Terms) govern your use of the eCommerce Store website mrblack.co (Website) and our supply of goods through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, MR BLACK SPIRITS PTY LTD, ABN 68 165 958 190 (mrblack.co us).
These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase goods through the Website (Goods).
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
1.1 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
1.2 YOUR OBLIGATIONS
You must not:
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
1.4 INTELLECTUAL PROPERTY
1.5 LINKS TO OTHER WEBSITES
eCommerce Store does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
1.7 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately at [email protected]
Claims for loss of or damage to Goods in transit must be made against the carrier.
Goods sold by eCommerce Store will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, eCommerce Store’s liability for breach of that non-excludable condition, warranty or guarantee will, at eCommerce Store’s option, be limited to:
2.1 OFFER TO PURCHASE
By submitting an order for purchase of a Good using the Website’s functionality (Purchase Order) you represent and confirm that you:
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
(Payment obligations) Unless otherwise agreed in writing:
All prices on the mrblack.co/au are in Australian dollars and are inclusive of GST. Mr Black Spirits accepts payments via credit card (Visa, Mastercard or American Express).
Prices are subject to change without notice.
By purchasing a product online from Mr Black Spirits, you agree to pay an amount totalling the sum price of each product ordered at the time you make the order, the cost of delivery, and any subsequent fees required.
(Card surcharges) eCommerce Store reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express).
(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
2.4 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
2.5 DELIVERY AND SHIPPING
2.6 TITLE AND RISK
2.7 RETURNS & EXCHANGES
Returns of Goods will only be accepted if the Goods are faulty and you comply with the provisions of this clause 8;
(Proof of Purchase) As a condition precedent to us considering any refund or exchange, you must be able to provide valid proof of purchase of the Goods you seek to return or exchange.
(Change of mind return) We do not accept change of mind returns.
(Faulty products) The following process applies to any Goods you believe to be faulty.
2.8 DISCOUNT CODES / PROMOTIONS
Discount codes are subject to standard promotion T&C’s and cannot be used in conjunction with any other offer or with sale items. All sale items will be excluded from valid discount codes during the sale period.
From time to time we may run promotions on our website which are subject to both these Terms and any additional promotion-specific Terms which are incorporated into these Terms by reference. You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the Terms of the applicable promotion(s).