Terms & Conditions

Marais Enterprises Pty Ltd, ACN 108224460 (“MARAIS, we, us and our”), 73–77 Bourke Street, Melbourne – Victoria 3000, Australia, customercare@marais.com.au (hereinafter marais.com.au) owns and operates an online shop at the internet address www.marais.com.au (“the Website”), whose offers are aimed exclusively at consumers who purchase for private purposes.

All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

These Terms and Conditions (“Terms of Service”) apply to the use of the Website, including the information offered on the Website, and to any purchase you make through the Website or any other internet-based platform through which MARAIS may offer goods or services now or in the future (MARAIS Sale Platform). Such Terms and Conditions also apply to purchases made in-store (Store), where indicated.

By visiting our Website or purchasing goods through any MARAIS Platform or in-store, you agree to be bound by these Terms of Service, including our Privacy Policy and Privacy Collection Notice. If you do not agree, you should not use any MARAIS Sale Platform or make purchases via any MARAIS Sale Platform or in-store.

MARAIS is not responsible for any other Sale Platform other than the Website (“Other Platforms”). Other Platforms may require you to agree to separate terms and conditions. If there is any inconsistency between those terms and these Terms of Service, these Terms of Service prevail to the extent of the inconsistency.

We may update or change any part of these Terms of Service at any time by posting updates to the relevant MARAIS Sale Platform. Your continued use constitutes acceptance of those changes.

Our online store is hosted on Shopify Inc., which provides the ecommerce platform that allows us to sell our goods.

We reserve the right to refuse access to any MARAIS Sale Platform to any person for any reason at any time.

Definitions

In these Terms of Service:

• Delivery Address means the address to which Goods are to be delivered, as set out on the Order Confirmation Page.
• Delivery Fee means a fee for the delivery of the Goods to you as set out on the Order Confirmation Page.
• Order means an order for Goods made on a MARAIS Platform and in accordance with these Terms of Service.
• Order Confirmation Page means the page that sets out the details of your Order, including the Goods, Price and Delivery Address.
• Price means the purchase price for Goods as specified on the Order Confirmation Page, including applicable GST.

Order

By placing an Order via a MARAIS Sale Platform, you are offering to purchase Goods on, and subject to, these Terms of Service. You may place an Order using your account or anonymously as a guest.

When you place an Order, you will receive an acknowledgement email confirming receipt of your Order. This email does not constitute acceptance of your Order. A contract between you and MARAIS for the purchase of the Goods will not be formed until your Order has been approved by MARAIS and we have received payment for the Goods in full. We will retain a record of your Order; you should also save or print the order confirmation email for your records.

MARAIS does not warrant that any of the Goods displayed on the MARAIS Sale Platform will always be available. All Orders are subject to the availability of the relevant Goods. If MARAIS is unable to complete your Order due to insufficient supply of the Goods you have ordered or any other reason, you will receive a refund of any money paid.

We may withdraw or suspend from sale any Goods displayed on a MARAIS Sale Platform, either temporarily or permanently, at any time. MARAIS 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 particular Goods. Where Goods that are the subject of an Order have been withdrawn or suspended from sale and your payment has already been processed, we will refund any money paid to us for the Goods.

Prices, Duties & Taxes

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

Australian Orders

All prices are in Australian dollars and, if GST applies, prices are inclusive of GST.

International Orders

Our prices include import costs, duties & taxes, tariffs and the final Price at checkout is based on the Shipping Address.

We do not refund prepaid taxes and duties paid at the time of checkout.

Payment

Any payment for an Order must be cleared by MARAIS before Goods are dispatched. If your payment cannot be processed, your Order will be cancelled.

We accept payment for Goods by Mastercard, Visa (Debit and Credit), American Express, JCB, WeChat Pay (“微信支付”), Alipay (“支付宝”) and others as stated on the MARAIS Platform and as otherwise notified from time to time.

Third-Party Payment

You must have a legally binding agreement with a third-party payment provider when using a third-party payment provider to make payments, and you are solely responsible for the service provided by those third-party payment providers.

If we cannot contact you about your Order using the contact details you provided in the Order, or we have contacted you about your order and you have not responded within 72 hours, we will cancel your Order and refund any money paid.

Risk in the Goods passes to you when the Goods are delivered to the Delivery Address. Title in the Goods passes to you on receipt by MARAIS of the Price in full for the Goods.

Unless provided for under these Terms of Service or as otherwise agreed by MARAIS in writing, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in your Order.

All Goods will be delivered in accordance with our Shipping Policy.

If your Order includes multiple items, we may dispatch them separately depending on availability. Where this occurs, the Delivery Fee will be charged only once.

From time to time MARAIS will undertake special offers and/or promotions. Separate terms and conditions may apply to Goods sold as part of a promotion or offer.

You agree to provide and update complete and accurate purchase and account information for all purchases made on a MARAIS Platform, including but not limited to your email, billing and shipping address. Other information such as credit card numbers and expiration dates must be updated so that we can complete your transactions and contact you as required to process the order.

MARAIS may in its sole discretion make certain Goods available exclusively online through one or more of the MARAIS Sale Platforms.

Goods for sale on a MARAIS Platform may be available in limited quantities and MARAIS does not warrant the availability of any Goods advertised for sale on a MARAIS Platform.

We make every effort to display as accurately as possible the colours and images of our Goods that are advertised for sale on a MARAIS Sale Platform; however we do not guarantee the accuracy of our images or advertising material on any MARAIS Sale Platform.

We reserve the right to limit the sales of our Goods to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the email provided at the time the Order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors, or that we reasonably believe have been generated by automated means including software, scripts, bots, crawlers, spiders or third-party order placement services.

Creating an Account

You may create an account on our Website and provide personal information to us in doing so. Creating an account is free. You are responsible for maintaining the confidentiality of your account details and for all activities conducted through your account. You must notify us immediately of any unauthorised use or security breach. You agree to provide accurate, current and complete information and to keep your information updated. We reserve the right to terminate your account or prevent access at any time, with or without cause.

Modifications to Price and Availability of Goods

This clause applies to purchases made on any MARAIS Sale Platform and in-store. Prices for goods may change without notice. We may modify or discontinue the availability of goods at any time without notice. We are not liable to you or any third party for any modification, price change, suspension or discontinuance of any goods.

Specific Warnings

You must ensure your use of any MARAIS Sale Platform is lawful and not prohibited by any laws that apply to you. You are responsible for ensuring that your method of accessing a MARAIS Sale Platform does not expose you to viruses, malicious code or similar issues. We do not accept responsibility for interference or damage caused to your systems arising from your use of any MARAIS Sale Platform or linked website.

We aim to ensure the accuracy of information we publish but we do not warrant its accuracy, adequacy or completeness. Actual product characteristics may vary, including colour or size. Accessories shown in imagery are for illustration only unless otherwise stated. Advertisements appearing on any MARAIS Sale Platform are the responsibility of the advertisers and their placement does not constitute endorsement by us.

Copyright

All content (“Content”) on any MARAIS Sale Platform is owned by or licensed to us. Third-party content may be subject to additional terms. You must not reproduce, store, distribute, publish or create derivative works from any Content without written permission, except as permitted under the Copyright Act 1968 (Cth). Your use of any MARAIS Sale Platform does not grant you any rights to Content.

Trade Marks

Any trade mark used on any MARAIS Sale Platform is a registered or proprietary trade mark unless otherwise stated. If you use any MARAIS trade mark, you must attribute it correctly and must not use it in a confusing, misleading, disparaging or unauthorised way.

Optional Tools

We may provide access to third-party tools “as is” and without warranties. You use such tools at your own risk. Future new features or services will also be subject to these Terms of Service.

Third-Party Links

Some content or services available via any MARAIS Sale Platform may include third-party materials or links. We are not responsible for third-party websites and disclaim liability for any transactions or damages arising from third-party interactions.

Personal Information

You can view our Privacy Policy and Privacy Collection Notice on our Website or request a copy at any time. For further information, contact customercare@marais.com.au.

Errors, Inaccuracies and Omissions

We may correct any errors or inaccuracies on any MARAIS Sale Platform and cancel orders affected by such errors.

Prohibited Uses

You must not use any MARAIS Sale Platform for unlawful or prohibited purposes. This includes using it to conduct illegal activity, violate laws or regulations, infringe intellectual property rights, engage in harassment or discrimination, provide false information, transmit malware, collect or misuse personal information, engage in spamming or scraping, act for immoral purposes or interfere with security features. We may terminate your use of any MARAIS Sale Platform for breaching this clause.

Australian Consumer Law

Nothing in these Terms of Service is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded.

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 to 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. To make a claim under the Australian Consumer Law, please contact our Customer Care team at customercare@marais.com.au.

Disclaimer of Warranties; Limitation of Liability

To the maximum extent permitted by law, including under the Australian Consumer Law, we are not liable for any direct or indirect loss arising from your use of any MARAIS Sale Platform or your purchase or use of goods.

Indemnity

You agree to indemnify MARAIS and its related entities from any loss arising from your breach of these Terms of Service.

Termination of Access

Your access to any MARAIS Sale Platform may be terminated immediately and without notice. Certain clauses will continue to operate after termination.

Governing Law

These Terms of Service are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria.

General

By agreeing to these Terms of Service, you confirm that you are at least 18 years old or have the consent of a parent or guardian. We may request proof of age before accepting orders. Content you provide may be transmitted unencrypted across various networks. Credit card information is always encrypted.

Headings are for convenience only. We are not responsible for delays caused by events outside our control. Failure by us to exercise any right does not constitute a waiver. If any provision is invalid, the remainder continues in effect. These Terms of Service constitute the entire agreement between you and us. Questions should be directed to customercare@marais.com.au.

MARAIS does not provide refunds, returns or exchanges if we find evidence of fraud, refund abuse, change of mind or other manipulative behaviour.

Preorder Terms & Conditions

These Preorder Terms & Conditions apply to all preorder products sold on this website (we, us, our).

1. Preorder Definition

Preorder products are items that are not yet in stock but are available for purchase in advance. By placing a preorder, you are reserving the product before its official release or arrival.

2. Payment

Full payment is required at the time of placing a preorder. Prices are as listed at the time of purchase.

3. Estimated Delivery

Preorder items are typically delivered within 3 months of placing your order. Estimated delivery dates are provided for each preorder item. Delivery times are estimates only and may be subject to delays beyond our control, such as shipping, customs, or supplier delays. We will notify you via email if the delivery estimate changes significantly.

4. Changes and Cancellations

You may request to cancel a preorder before it has shipped. Once the item has been dispatched, it cannot be cancelled. To cancel, contact our customer service team with your order number.

5. Refunds

Refunds for cancelled preorders will be issued via the original payment method. Refund processing may take up to 7–10 business days, depending on your bank or payment provider. No partial refunds will be issued for preorder items once they have shipped.

6. Product Availability

Preorder items are limited in quantity. Placing a preorder does not guarantee immediate delivery. In rare cases, preorders may be cancelled by us due to supplier issues, in which case a full refund will be provided.

In the event that a preordered product is not delivered by the designer or supplier, or there is a material change affecting the availability of the product, MARAIS will contact the Customer to obtain their express consent to either proceed with the shipment (where possible) or cancel the order. If the Customer elects to cancel, a full refund will be issued via the original payment method.

7. Customer Responsibilities

Ensure that your shipping address is accurate at the time of preorder. Monitor your email for updates regarding your preorder shipment.

8. Miscellaneous

These preorder terms form part of our overall store Terms & Conditions. By placing a preorder, you agree to comply with these terms.

Gift Cards

The following terms apply to MARAIS Gift Cards in addition to any conditions stated at the time of purchase.

• Gift Cards may be used to purchase any item available on a MARAIS Sale Platform other than additional Gift Cards.
• Gift Cards are issued in Australian dollars and may only be redeemed for Orders shipped to addresses within the country specified at the time of purchase.
• Gift Cards may be delivered electronically by email or, where elected, by physical mail. MARAIS is not liable for Gift Cards that are lost or misdirected as a result of an incorrect email or postal address provided at the time of purchase.
• If the Order amount exceeds the Gift Card balance, the remaining amount must be paid using another accepted payment method.
• If the Gift Card balance exceeds the Order amount, the remaining balance will stay on the Gift Card and may be applied to future Orders until exhausted. The remaining balance is not redeemable for cash.
• Gift Cards are valid for the period stated at the time of purchase and in any event for no less than the minimum period required by applicable law.
• Gift Cards are not refundable or exchangeable for cash, except where required by law.
• MARAIS reserves the right to cancel, block or refuse acceptance of a Gift Card where we reasonably believe it has been obtained or used through fraud, error or misuse.

Promotion

WELCOME10 / Sign Up / First Purchase — 10% Off First Full-Price Purchase

• To redeem this offer, enter the code at checkout on your first order from MARAIS.
• This offer is available on eligible orders from the moment you receive the promo code and will expire once you have placed your first order on MARAIS (the “Promotion Period”).
• This offer only applies to first-time orders, with a minimum spend of AU$300.
• The code may not be used on certain brands and products including LOEWE, Rick Owens Footwear, Maison Margiela Footwear, Lemaire Bags, Collaborations and more.
• The code may only be used once per person and cannot be combined with any other promotion, discount, offer, code, certificate or coupon (including Sale and the purchase of gift cards).
• This offer is non-transferable, non-exchangeable and no cash alternative is offered.
• MARAIS reserves the right at our discretion to revoke, suspend, cancel and/or amend the offer and these T&Cs at any time and without notice.
• In the event of a dispute regarding this promotion, the decision of MARAIS is final and no correspondence or discussion shall be entered into.

Extra 20% Off Selected Full Price and Sale Items

• The code may not be used on certain brands and products including Core Products, LOEWE and items on discount over 70%.
• Limited time only.
• Promotion automatically applied at checkout.
• This offer is non-transferable, non-exchangeable and no cash alternative is offered.
• MARAIS reserves the right at our discretion to revoke, suspend, cancel and/or amend the offer and these T&Cs at any time and without notice.
• In the event of a dispute regarding this promotion, the decision of MARAIS is final and no correspondence or discussion shall be entered into.