Last updated on [November 2019]
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 our, we or 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:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of eCommerce Store;
- use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact the reputation of eCommerce Store, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
- gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
- instigating or participating in a denial-of-service attack against the Website.
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:
- the Website will be free from errors or defects;
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; or
- any information provided through the Website is accurate or true.
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
- eCommerce Store retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from eCommerce Store or as permitted by law.
1.5 LINKS TO OTHER WEBSITES
- The Website may contain links to other websites that are not our responsibility.
- We have no control over the content of the linked websites, and we are not responsible for it.
- Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
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]
- (Limitation of liability) To the maximum extent permitted by applicable law, eCommerce Store excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any goods or services provided by eCommerce Store.
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:
- in the case of goods, their replacement or the supply of equivalent goods or their repair; and
- in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
- (Indemnity) You agree to indemnify eCommerce Store and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of the Website or of any goods or services provided by eCommerce Store.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will eCommerce Store be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by eCommerce Store (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
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:
- have the legal capacity and are of sufficient age (18+) to enter into a binding contract with us; and
- are authorised to use the debit or credit card included in your order.
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:
- in all other circumstances, you must pay for all Goods on or prior to eCommerce Store dispatching the Goods for delivery; and
- you must not set off any money alleged to be owing by eCommerce Store against money due by you to eCommerce Store.
- (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 or Diners Club).
- (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.
- (Payment obligations) Unless otherwise agreed in writing:
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
- (Delivery) For Goods to be delivered, eCommerce Store may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by eCommerce Store.
- (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
2.6 TITLE AND RISK
- (Title) Until the price of Goods is paid in full, title in those Goods is retained by eCommerce Store.
- (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.
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.
- If you believe your Goods are faulty, please contact us within 3 days at [email protected] with a full description of the fault (including images if possible).
- If we determine that your Goods may be faulty, we will request that you send the product back to us for further inspection. We reserve the right to further inspection before deeming a product faulty.
- If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund or exchange . All refunds will be credited back to your original method of payment unless you request otherwise, and we approve this request.
- If you fail to comply with the provisions of this clause 8 in respect of faulty Goods, we may, in our absolute discretion, issue only a partial refund or no refund in respect of such faulty Goods.