TERMS AND CONDITIONS


WEBSITE TERMS OF USE

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF PRODUCTS AND SERVICES WITHIN MARAIS ENTERPRISES. YOU MUST AGREE TO THESE TERMS AND CONDITIONS FOR ALL PRODUCT PURCHASES MADE WITHIN MARAIS ENTERPRISES. YOU MUST NOT MAKE ANY PURCHASES IN STORE IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS.

USE OF THE MARAIS WEBSITE IS WHOLLY SUBJECT TO THESE SAME TERMS OF USE. ACCESS TO THE WEBSITE IS AN ACKNOWLEDGEMENT YOU ARE ACCEPTING AND AGREEING TO THESE TERMS.

MARAIS RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. PLEASE CHECK IN ON A REGULAR BASIS TO SEE IF ANY CHANGES HAVE BEEN MADE SINCE YOUR PREVIOUS VISIT. CONTINUED USE OF THE MARAIS WEBSITE FOLLOWING ANY CHANGES TO THESE TERMS OF USE WILL BE DEEMED AS ACCEPTANCE OF SAID CHANGES.

OWNERSHIP

THE MARAIS WEBSITE AND ALL CONTENT THEREIN IS OPERATED AND OWNED BY MARAIS ENTERPRISES PTY LTD (ABN 531 082 244 60), LOCATED AT 73 – 77 BOURKE STREET, MELBOURNE, VICTORIA, AUSTRALIA 3000.

INTELLECTUAL PROPERTY

ALL INFORMATION AND CONTENT ON THE MARAIS WEBSITE INCLUDING DATA, GRAPHICS, TEXT, SOFTWARE, LOGOS, IMAGES, TRADEMARKS, PHOTOGRAPHS, INTERFACES, AND OTHER INTELLECTUAL PROPERTY ARE SUBJECTED TO AUSTRALIAN COPYRIGHT LAWS.

MARAIS ENTREPRISES OWNS AND CONTROLS ALL COPYRIGHTS CONTAINED ON ITS WEBSITE. MARAIS DOES NOT GRANT RIGHTS TO ANYONE OUTSIDE ITS OWN COMPANY TO USE THE WEBSITE AND ITS CONTENT FOR ANY OTHER PURPOSES THAN BEING A CUSTOMER UNLESS PERMISSION HAS BEEN APPROVED BY MARAIS MANAGEMENT.

ALL REGISTERED OR UNREGISTERED TRADEMARKS USED ON THE MARAIS WEBSITE ARE THE PROPERTY OF THIS THIRD PARTY WEBSITE. VISITORS ARE ONLY ALLOWED TO ACCESS THE WEBSITE FOR PERSONAL AND NON-COMMERCIAL USE.

DISCLAIMER

MARAIS DOES NOT REPRESENT NOR GUARANTEE THE ACCURACY OF INFORMATION SHOWN ON ITS WEBSITE. ALL INFORMATION AND CONTENT, WITHOUT LIMITATION, INCLUDING ANY GRAPHICS, PHOTOGRAPHS, IMAGE RIGHTS, AUDIO, MUSIC, VIDEO, OR TEXT IS PROVIDED ON AN ‘AS IN’ BASIS OF WHICH YOU ARE RESPONSIBLE TO ACCESS AT YOU OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE AUSTRALIAN LAWS, MARAIS EXCLUDES ALL TERMS AND CONDITIONS, REPRESENTATIONS IMPLIED.

YOU IMPLICITLY AGREE YOU WILL BE LEGALLY RESPONSIBLE FOR ALL ASSOCIATED COMMUNICATION AND ACTIVITIES PERFORMED ON THE MARAIS WEBSITE.

EXTERNAL HYPERLINKS

THE MARAIS WEBSITE CONTAINS HYPERLINKS TO OTHER WEBSITES CONTROLLED BY THIRD PARTIES. MARAIS DOES NOT ENDORSE ANY CONTENT OR INFORMATION ON THESE THIRD PARTY WEBSITES. IN REGARDS TO THE INFORMATION AND CONTENT OBTAINED AT THESE THIRD PARTY WEBSITES, YOU ARE AT YOUR OWN RISK WHEN VISITING THESE SITES.

COOKIES

MARAIS MAY USE COOKIES WHEN YOU ARE VISITING ITS WEBSITE. COOKIES ARE SMALL PIECES OF INFORMATION SENT BY WEB SERVERS USED TO IDENTIFY USERS AND POTENTIALLY PREPARE CUSTOMISED WEB PAGES OR SAVE WEBSITE LOGIN INFORMATION FOR YOU. IF YOU ARE CONCERNED WITH COOKIES BEING STORED IN YOUR HARD DRIVE, PLEASE SELECT OPTIONS WITHIN YOUR INTERNET BROWSER TO REFUSE PERMISSION WHILE USING THE MARAIS WEBSITE. PLEASE NOTE, THE MARAIS WEBSITE MAY ANONYMOUSLY RECORD INFORMATION AND IDENTIFY CATEGORIES OF USERS BY DOMAIN AND BROWSER TYPES IN ORDER TO COLLECT STATISTICS.

APPLICABLE LAWS

RELEVANT STATE LAWS GOVERN THESE TERMS FOR EACH MARAIS STORE LOCATED IN ITS RESPECTIVE STATE IN AUSTRALIA (E.G. NEW SOUTH WALES, VICTORIA, AND QUEENSLAND).

YOUR ACCESS TO THE MARAIS WEBSITE AND ANY DISPUTE IN RELATION TO THESE TERMS WILL BE EXCLUSIVE TO THE JURISDICTION OF THE STATE COURTS OF THE NEAREST INDIVIDUAL MARAIS STORE LOCATED WITHIN AUSTRALIA.

YOU AS A CUSTOMER ARE RESPONSIBLE TO FOLLOW ALL STATE LAWS AND REGULATIONS APPLICABLE TO THE AUSTRALIAN STATE YOU ARE LOCATED WITHIN.

NO WAIVERS

IF ANY BREACH OF TERMS IS UNENFORCEABLE, OR HELD TO BE INVALID, MARAIS’S AMENDED TERMS WILL REMAIN IN FORCE. THERE IS NO WAIVER IF MARAIS DOES NOT IMMEDIATELY ENFORCE THESE TERMS, AND MARAIS IS ENTITLED TO TAKE ANY LEGAL ACTIONS FORWARD IF SO DESIRED.

LIMITATION OF LIABILITY

MARAIS DOES NOT WARRANT OR GUARANTEE:

–  UNINTERRUPTED OR ERROR-FREE ACCESS TO OUR WEBSITE

–  ANY LOSSES WHICH ARE CAUSED WHILE VISITING OUR WEBSITE

–  THE ACCURACY OF ANY INFORMATION PROVIDED ON THE WEBSITE

–  ANY DEFECTS CAN OR WILL BE IMMEDIATELY CORRECTED

EXCEPT WHERE STATED BY THE APPLICABLE LAWS, MARAIS WILL NOT BE LIABLE TO ANY LOSS OR DAMAGES, LIABILITIES OR CLAIMS YOU MAY SUFFER DUE TO THE USE OF OUR WEBSITE. YOU ARE USING THE MARAIS WEBSITE AT YOUR OWN RISK.

OUTAGES

WITHOUT PRIOR NOTICE MARAIS SERVES THE RIGHT TO CEASE, INTERRUPT, OR WITHDRAW ACCESS TO ITS WEBSITE FOR ANY REASON SUCH AS SOFTWARE UPDATES OR WEBSITE MAINTENANCE PURPOSES.

PRICE POLICY

ALL PRICES IN-STORE ARE IN AUSTRALIAN DOLLARS. ALL PRICES ON THE MARAIS WEBSITE ARE SUBJECT TO OUR AUSTRALIAN RETAIL PRICES.

PRICING IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.

PAYMENTS

ALL ITEMS MUST BE PAID FOR AT THE POINT OF SALE AND TITLE OF THE ASSOCIATED ITEMS WILL NOT PASS TO THE BUYER UNTIL PAYMENT IS MADE IN FULL. ALL RETAIL PRICES ARE FIXED PRICES. NO EXTRA DISCOUNTS CAN BE OFFERED IN-STORE.

REFUNDS, RETURNS, AND EXCHANGES

(1) ALL FULL PRICE PRODUCTS IN ORIGINAL CONDITION CAN BE RETURNED FOR EXCHANGE (CREDIT NOTE ONLY) WITHIN 7 DAYS OF PURCHASE (INCLUDING DATE OF PURCHASE) AND MUST BE ACCOMPANIED BY THE PURCHASE RECEIPT AND BE IN ITS ORIGINAL PACKAGING.

(2) REFUNDS ARE ONLY PROVIDED WHERE GOODS HAVE AN APPARENT FAULT IN MANUFACTURING. REFUNDS ARE SUBJECT TO PROOF OF PURCHASE. REFUNDS ARE MADE BY THE SAME MEANS OF PAYMENT AS WAS USED IN THE ORIGINAL PURCHASE.

(3) RETURN AND EXCHANGE CAN ONLY BE DONE ON ONE OCCASION. A CHANGE OF MIND FOR A SECOND RETURN OR EXCHANGE WILL NOT BE ACCEPTED UNLESS IT IS SUBJECT TO A MANUFACTURER’S FAULT.

(4) MARAIS ENTERPRISES DOES NOT PROVIDE RETURNS OR EXCHANGE SERVICES TO ANY SALE ITEMS AT ANY TIME, AS SUBJECT TO TERMS AND CONDITIONS PRIOR TO THE POINT OF PURCHASE.

GIFT VOUCHERS

(1) MARAIS GIFT VOUCHERS ARE VALID FOR 12 MONTHS FROM THE DATE OF ISSUE. GIFT VOUCHERS CANNOT BE REDEEMED FOR ANY TRANSACTIONS AFTER THEIR ASSOCIATED EXPIRY DATE.

(2) MARAIS GIFT VOUCHERS ARE NON-REFUNDABLE, NON-TRANSFERABLE, AND CANNOT BE REDEEMED FOR CASH.

(3) GIFT VOUCHERS CAN ONLY BE REDEEMED FOR PRODUCTS WITHIN MARAIS STORES – E.G THE BOURKE STREET STORE AND ROYAL ARCADE STORES IN MELBOURNE, VICTORIA.

(4) IF THE TOTAL AMOUNT IS NOT REDEEMED, THE BALANCE REMAINS ON THE GIFT VOUCHER. THIS AMOUNT WILL REMAIN VALID FOR 12 MONTHS FROM THE ORIGINAL DATE OF ISSUE.

(5) IF ANY PRODUCTS PURCHASED WITH A GIFT VOUCHER ARE RETURNED, THE BALANCE WILL BE CREDITED TO YOU AS A STORE CREDIT NOTE.

(6) GIFT VOUCHERS ARE TREATED AS CASH AND CANNOT BE REPLACED IF LOST OR STOLEN. IF YOU SUSPECT AN UNAUTHORISED TRANSACTION, IMMEDIATELY REPORT TO MARAIS CUSTOMER CARE AT [email protected], OR CONTACT THE MARAIS HEAD OFFICE: PH (03) 8658 9555, PROVIDING ALL RELATED DETAILS INCLUDING PROOF OF PURCHASE, SERIAL NUMBER, AND A PHOTO ID FOR VERIFICATION PURPOSES.

(7) IN THE EVENT OF FRAUD, OR AN ATTEMPT OR SUSPICION OF OTHER ILLEGAL ACTIVITIES IN RELATION TO THE GIFT VOUCHER’S PURCHASE OR REDEMPTION, MARAIS ENTERPRISES IS ENTITLED TO CANCEL YOUR ORDER OR REQUIRE THE EQUIVALENT PAYMENT VALUE.

STORE CREDIT NOTES

MARAIS CREDIT NOTES ARE VALID FOR 12 MONTHS FROM DATE OF ISSUE. THEY CAN ONLY BE REDEEMED WITHIN MARAIS STORES – E.G. AT EITHER THE BOURKE STREET STORE OR ROYAL ARCADE STORE IN MELBOURNE, VICTORIA.

CREDIT NOTES CAN ONLY BE REDEEMED FOR FULL PRICE ITEMS. CREDIT NOTES CANNOT BE USED FOR THE PURCHASE OF SALE ITEMS.