TERMS & CONDITIONS

Online Shopping Terms and Conditions

 

These terms apply to the ordering, purchase and delivery of Goods from the Website,  and form a contract between you and MAISON DE ABN 56 440 042 507 of Melbourne Victoria 3106.  By using the Site in any manner, you agree and accept the Terms.  If you have a myaccount, you agree that these Terms (as amended from time to time) will apply to your use of the account and all of your Orders.

 

These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.  MAISON DE reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the services or Terms and/or any page of this Site.  Each time you use the Site, you should review and be aware of the current Terms.

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1. Compliance with Terms

 

1.1. You will be bound by these Terms each time you submit an Order.

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2. Placing Orders for Goods

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2.1 By placing an Order on the Site, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by Us at the time We send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order.

 

2.2. Each Order you place will be a separate contract. 

 

2.3 A tax invoice will be issued at the time the Goods are ready for despatch.  You will receive a tax Invoice from MAISON DE for products sold and fulfilled by MAISON DE

 

2.4. You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.

 

2.5. From time to time, We may restrict the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or as otherwise advised to you.

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2.6. If you are purchasing using Afterpay, the maximum order value is $1000, minimum $100 (incl GST) – inclusive of delivery charges (if applicable)

 

2.7. We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.

 

2.8. You agree to obtain consent to provide Us with Personal Information of recipients of gifts or Goods Ordered by you.

 

2.9. You may place an Order on the Site if you are aged 16 years or over (18 years if purchasing using using Afterpay), and have an active email account or a telephone number at which you can be contacted.

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2.10. If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order. In-Store Order cash payments will be limited up to a total Order value of $9,999.99 (including GST).

 

2.11. We reserve the right to accept or reject your Order for any reason at any time. If We reject your Order you will receive a refund of any money paid.

 

2.12. Your Order becomes a sale when your Order is dispatched and We have issued you a Tax Invoice.

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2.13 Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.

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2.14 The order shall not be deemed to be complete until payment is made by you and the proceeds cleared for the use by MAISON DE. Your contract with MAISON DE only comes into existence when MAISON DE forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.

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2.15 These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.

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2.16 The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts.

 

2.17 The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract.

 

2.18 By placing your order you are verifying to MAISON DE that you are able to make a legally binding contract.

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3. Availability of Goods

 

3.1. From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfill all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.

 

3.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time and without notice. MAISON DE Online will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.

 

3.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us in accordance with clause 7.

 

3.4. MAISON DE reserves the right not to honor any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), We will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, in accordance with clause 7, and MAISON DE Online will fulfill the remainder of your Order. If you are not satisfied with the partial fulfillment of your Order, you can return your Order to us under the Returns Policy.

 

3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.

 

3.6. You acknowledge and agree that:

 

a) all pictures and images of Goods displayed are for illustrative purposes only;

 

b) any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and

 

c) where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).

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4. Price and payment

 

4.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.

 

4.2. All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.

 

4.3. We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, We will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).

 

4.4. Payment methods are specified on the Website or explained by the consultant at the time you place your Order. They may include MAISON DE Gift card, Reward card, credit card, PayPal, Afterpay or MAISON DE Card. The name on any credit card or MAISON DE Card used for payment must match the name on the Order. Other methods of payment, including cash, can be used for In-Store Orders, but not for Orders placed through the Website or the Customer Service Centre. Cheques cannot be used as a payment method for any purchase from the Site, including for the payment of Orders. If you pay using Afterpay, the Afterpay prevailing terms and conditions apply. View Afterpay terms at http://www.afterpay.com. Payment methods may be subject to change.

 

4.5. Any payment for an Order must be cleared by MAISON DE before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.

 

4.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

 

4.7. Lay-by is not available for Orders.

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5. Delivery and Shipping 

 

5.1. Click here for Delivery and Shipping conditions.

 

5.2. Dispatch times may vary according to availability. Any representations made regarding delivery times are estimates only and are subject to delays resulting from postal delays or force majeure for which We are not responsible.  Please note that during major sales events (such as Stocktake Sales, Mid-Season Sale or Black Friday) We may take an extra day or two to prepare your MAISON DE Order. This includes both Click and Collect orders and deliveries.

 

5.3. Your Order may be fulfilled from multiple locations at different times depending on stock availability. You won’t be charged any more for delivery in this instance.

 

5.4. A signature on delivery or pick-up (for Click & Collect) may be required. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery.

 

5.5. If no-one is at the delivery address or there is limited access to the delivery address, and a signature is not required for the delivery, the Delivery Agent will leave a collection card with instructions on where to collect the Goods.

 

5.6. For Big & Bulky deliveries, your Order will be referred to a delivery service provider who will contact you directly to arrange delivery and request any specific relevant access details such as stairs, parking restrictions. You or a person over the age of 18 must be available to accept delivery at the nominated delivery address on the date agreed between you and the delivery agent. If nobody is available at the address on that date additional delivery fees may apply for redeliver.

 

5.7 Prior to placing your Order, please read the product information page to determine if assembly is required. Unpacking, assembly and installation fees do not form part of your Delivery Fee.

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6. Restricted Goods

 

6.1. If you Order Goods that are or contain Restricted Goods, you:

 

a) warrant that you are aged 18 years or over (or the age required by law to purchase these products, for an example, 16 years to purchase knives in the ACT and NSW);

 

b) acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years (where relevant);

 

c) you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years;

 

d) when you order Products that contain an age restriction, you are confirming that you are of legal age and that the information you have provided us is true and accurate.

 

6.2. Where We have reasonable grounds for believing you have not complied with the above clause, We may cancel your Order and refund any money paid to us in respect of your Order. We may, at its discretion, charge you a fee to cover Our administrative costs.

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7. Order cancellations and returns

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7.1. Unless provided for under these Terms or as otherwise agreed by MAISON DE, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.

 

7.2. If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.

 

7.3. Unless otherwise explicitly stated by Us, Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.

 

7.4. Any Goods you purchase can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.

 

7.5. MAISON DE will process any refunds within a reasonable time of agreeing to do so.

 

7.6. If the original payment was made:

a) on a credit card, refunds will be processed on the same card as the original payment was made.

b) by a combination of Gift Cards and credit card then:

a. refunds will be processed on the same card as the original payment was made first.

b. Return card for remaining amount will be emailed to the email address entered at the time you placed your Order.

c) using Afterpay, refunds will be processed back to the account through Afterpay.

7.7. Same Day Delivery Orders cannot be cancelled or changed once submitted. 

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7.8. Big & Bulky Goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please call Customer Service Centre  if the product is faulty so that pickup can be arranged. Big & Bulky Goods cannot be returned at a MAISON DE Store unless previously agreed with MAISON DE.

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8. Product Recalls

 

8.1. If a Good is subject to a product recall, a notice will be posted in the Product Recall notice section of the Website. You can return recalled Goods as instructed in the Product Recall notice.

 

8.2. You consent to us contacting you or the gift recipient, using the personal information provided on your Order, to notify you of a product recall by telephone, email, SMS, MMS or post.

 

9. Promotions and discounts

9.1. You may receive online offers and promotions, whether mailed to your home, distributed in a MAISON DE store, with your Order or emailed to you or available on the Site. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. The Code may be specific to only certain orders or Goods on the Site. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.

 

9.2. Certain offers, including cashback and bonus redemption are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to cashback and bonus offer redemption's. Cashback and bonus offers redemption may require you to send a form to the supplier, and may exclude postage and handling costs and any other costs incurred as a result of redeeming the offer.

 

9.3. All references to times in promotions are based on the local time in Melbourne, Australia unless stated otherwise.

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10. Privacy

 

10.1. Personal Information, which you provide to us during the Order, In-Store Order process or through the Customer Service Centre including contact details, will be kept, used and disclosed by Us in accordance with MAISON DE’s Privacy Policy for the purpose of processing and delivering your Order. See MAISON DE’s Privacy Policy for further information on how to access or update your Personal Information.

 

10.2 .We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.

 

10.3. Unless otherwise indicated in your account settings or at the time you placed your Order, MAISON DE may send you marketing information

 

10.4. If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account. Alternatively you may contact our Customer Service Centre.

 

10.5. MAISON DE reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, your Order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your Order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.

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11. Risk & Liability

 

11.1. Risk and title in the Goods passes to you on the date and time of delivery of the Goods to you by the Delivery Agent or when collected in store through Click & Collect.

 

11.2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are 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.

 

11.3 We may provide an additional warranty in addition to your Consumer Law rights and remedies. Any additional warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.

 

11.4. We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.

 

11.5. You represent and warrant to Us that We will not be liable for any 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 these Terms.

 

11.6. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

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12. Termination

 

12.1. We may, at our discretion, terminate the agreement for the supply of Goods to you:

a) for convenience, at any time, on giving notice to you; or

 

b) immediately if We reasonably believe that you have breached these Terms and:

 

a. that the breach is not capable of remedy; or

 

b. 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).

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13. General

 

13.1. See MAISON DE’s Website Terms for further information on trade marks, copyright and other applicable terms including those relating to use of the Site.

 

13.2. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.

 

13.3. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceable. That does not invalidate the remaining provisions of these Terms or affect the validity or enforce-ability of that provision in any other jurisdiction.

 

13.4. Our failure or delay to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and Our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.

 

13.5. The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Docklands, Victoria.

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14. Definitions

 

The following definitions apply to these Terms.

 

Big & Bulky Goods are goods for which extra handling and additional resources are required for delivery. Different Delivery Fees and requirements may apply. To check whether Goods you are ordering are Big & Bulky, view the Delivery tab on the product information page, or speak to a MAISON DE team member.

 

Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.

 

Click & Collect allows you to purchase goods for collection at a MAISON DE store or a Third Party Seller’s store or nominated collection point.

 

Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.

 

Delivery Agent means a third party delivery or shipping company engaged by Us to deliver Goods.

 

Delivery Fee means the applicable fee for the delivery of Goods.

 

Gift Card means a preloaded MAISON DE Gift Card through which you or a recipient may make non-cash payments for Orders.

 

Goods means the items offered for sale on the Website, through our In-Store Ordering system and through our Customer Service Centre.

 

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 

In-Store Order means an Order placed on your behalf by a MAISON DE team member within selected MAISON DE stores using a tablet or other electronic device. Only valid when paid by the customer in store.

 

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.

 

myaccount means your maisonde.com.au online account through which you can facilitate your Order.

 

MAISON DE means MAISON DE (ABN 56 440 042 507).

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MAISON DE Order means a request by you to purchase Goods from MAISON DE under these Terms (whether through the Website, an In-Store Order or our Customer Service Centre).

 

Order means a request by you to purchase Goods from MAISON DE or a Third Party Seller under these Terms (whether through the Website, an In-Store Order or our Customer Service Centre, as applicable).

 

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

 

Price means the purchase price of each Good as specified on the Website, on the In-Store Order confirmation or provided by a Customer Service Centre representative.

 

Privacy Policy means the MAISON DE Privacy Policy. 

 

Restricted Goods means Goods subject to restrictions on sale in particular jurisdictions, including Goods which may not be sold to minors (such as knives, alcohol and tobacco).

 

Returns Policy means the MAISON DE Returns Policy. 

 

Third Party Seller Order means a request by you to purchase Goods from a Third Party Seller under these Terms.

 

Website means the sites available from maisonde.com.au.

 

Website Terms means the terms governing your use of the Website, in addition to these Terms. View the Website Terms here.

 

We, Us and Our means MAISON DE in respect of a MAISON DE Order and/or a Third Party Seller in respect of a Third Party Seller Order. you and your means you as the purchaser of Goods from MAISON DE and/or a Third Party Seller, as applicable, pursuant to these Terms.