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1. Repair Program Terms and Conditions
1.1 These terms and conditions govern the Marais Repair Program for consumer purchases of goods from Marais in accordance with Schedule 2 of the Competition & Consumer Act 2010 (Cth.) (Australian Consumer Law).
1.2 These terms and conditions apply to goods purchased from the Marais website (www.marais.com.au) and stores within the Marais Group - Marais Woman’s (73-77 Bourke Street, Melbourne, Victoria 3000), Marais Men’s (Level 1, 34 Little Collins Street, Melbourne, Victoria 3000), Givenchy Chadstone (1341 Princes Highway Service Road, Chadstone, Victoria, 3148), Givenchy Sydney (3036 Pitt and Market Street, Sydney, New South Wales 2000), Givenchy David Jones (86-108 Castlereagh Street Sydney, New South Wales, 2000), Givenchy Gold Coast (2778A Hooker Boulevard, Gold Coast, Queensland, 4218), Off-White Melbourne (280 Swanston Street, Melbourne, Victoria, 3000) and Off-White Sydney (100 Market Street, Sydney, New South Wales 2000).
1.3 These Repair Program Terms and Conditions are to be read in conjunction with the Marais Terms and Conditions for the Supply of Goods. If there are any inconsistencies between the Marais Terms and Conditions and these Repair Program Terms and Conditions, then the Marais Repair Program Terms and Conditions contained in this document will take precedence and apply to the extent that they are applicable.
1.4 Nothing in these Repair Program Terms and Conditions are intended to have the effect of contracting out of any applicable provisions of the Australian Consumer Law in each of the States and Territories of Australia except to the extent permitted by law.
2.1 If any Goods purchased from Marais have a minor defect, Marais reserves the right to provide you with a free repair, rather than a replacement of those Goods, or a refund for those Goods at Marais’ election. If any Goods purchased from Marais have a minor defect and Marais offers you a free repair for the same, you agree to accept that free repair. If Goods purchased from Marais have a major defect, Marais may ask you whether you require a replacement of the Goods or, alternatively, whether you require a refund for those Goods. Marais will use all reasonable endeavours to meet your request.
2.2 Marais reserves the right to examine any Goods which you may have acquired to determine whether the Goods contain a minor or major defect in accordance with the Australian Consumer Law for the purposes of clause 2.1 above.
2.3 You acknowledge and agree that any repair service for defective Goods may not be performed by Marais and may be conducted by a third-party service provider.
2.4 Any Goods which may require repair are required to be pre-approved by Marais before being despatched for repair. Marais, in its reasonable discretion, may reject any repair request if, after inspection by Marais, it reasonably determines that the Goods do not have a major or minor defect and have, rather, been damaged due to fair wear and tear or negligent usage.
2.5 You acknowledge and agree that by engaging Marais to despatch defective Goods to be repaired by a third-party repairer, Marais will not be held liable for the repair of the Goods if the third-party repairer deems the Goods to be irreparable due to fair wear and tear or negligent usage. In this case you will be required to bear the cost of repair of the Goods.
2.6 You acknowledge and agree to collect the Goods once the repair has been completed or a replacement of the Goods is to be provided. Marais will in no way be held liable to cover any costs for the return shipment of Goods unless previously agreed between you and Marais.
2.7 You acknowledge and agree that if you are unable to collect the Goods after repair or collect replacement Goods, to the extent permitted by law, Marais may require you to pay for any reasonable shipment costs charged by the courier to Marais for the return of the Goods or the provision of replacement Goods to your requested mailing address.
2.8 If you require the repair of Goods which are assessed by Marais (acting reasonably) not to be inherently defective and you nonetheless require those Goods to be repaired (for example as a result of fair wear and tear or negligent usage), you will be provided with a quote for the repair service. In order to proceed with the repair service, you must first pay to Marais the quoted amount for the repair plus any additional costs for shipment and redelivery. If payment is not made in advance and Goods are nonetheless despatched for repair, Marais retains a legal lien over those Goods until payment has been made in full. Marais cannot guarantee that a repair of Goods in this situation will be available in all cases and requests for repair will be assessed on a case-by-case basis.
2.9 If your Goods have been customised with the approval of the brand owner and those Goods have a minor or major defect, you acknowledge that Marais is unable to provide a refund for those Goods or a replacement. However, in these circumstances Marais will use all reasonable endeavours to procure the repair of those customised Goods in accordance with the relevant repair terms and conditions set out herein.
2.10 Any period or date for completion of the repair provided by Marais is an estimate only and not a contractual commitment. Notwithstanding the foregoing, Marais will use reasonable endeavours to procure repair in a timely manner.
4. Force Majeure
4.1 Marais is not liable under these Repair Program Terms and Conditions to the extent that it is prevented from acting by events which are beyond its reasonable control including, without limitation, industrial disputes, epidemics, pandemics, lockdowns, acts of God, acts or threats of terrorism or war (Force Majeure Event).
5.1 You agree that these Repair Program Terms and Conditions may be varied, updated or amended by Marais at any time and any variation, update or amendment to these Repair Program Terms and Conditions by Marais will be displayed on the Marais website.
If any provision of these Repair Program Terms and Conditions is or becomes illegal, void, invalid or unenforceable, that provision will be severed from the Repair Program Terms and Conditions and the remaining Repair Program Terms and Conditions shall continue in force.
These Repair Program Terms and Conditions are subject to the laws of the state of Victoria, Australia.