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Terms & Conditions

Terms & Conditions

The website marais.com.au (website) is owned and operated by MARAIS Enterprises ACN 108224 460 (MARAIS, we, us and our).

 

These terms and conditions (Terms of Service) apply to:

  • the use of the website, including the use of the information offered on the website and to any purchase you make through the website, WeChat, WhatsApp, Instagram or any other Internet-based platform through which MARAIS may make its good services available in the future (MARAIS Sale Platform); and
  • where indicated in these Terms of Service, to purchases made in store at 73-77 Bourke Street, Melbourne, Victoria 3000 (Store).

By visiting our website and/or purchasing goods from us from a MARAIS Sale Platform or in Store (Goods), you agree to be bound by these Terms of Service, including our Privacy Policy and Privacy Collection Notice [hyperlink]. Please read these Terms of Service carefully before accessing or using our website. If you do not agree to these Terms of Service, then you should not access the MARAIS Sale Platform or make any purchases through the MARAIS Sale Platform or in Store.

 

MARAIS is not responsible for any MARAIS Sale Platform other than the website. farfetch.com.au and WeChat may require you to enter into separate or additional terms and conditions in relation to your use of, or purchases made through those platforms. If there is conflict between these Terms of Service and any terms and conditions imposed by farfetch.com.au and WeChat, these Terms of Service will prevail to the extent of the inconsistency.

 

We reserve the right to update, change or replace any part of these Terms of Service at any time by posting updates and/or changes to the applicable MARAIS Sale Platform. It is your responsibility to check the relevant page periodically for changes. Your continued use of or access to the MARAIS Sale Platform following the posting of any changes constitutes acceptance of those changes. 

 

Our online store on our website is hosted on Shopify Inc who provides us with the online e-commerce 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.

 

 

CREATING AN ACCOUNT

 

You may create an account with us on our website and provide certain personal information about yourself to us in the course of establishing that account. Creating an account is free.

 

It is your responsibility to maintain the confidentiality of your account information, including your account password. In addition, you are responsible for all activities that occur in connection with your account. You must tell us immediately if anyone uses your account without your consent, or of any security breach that relates to your account.

 

You agree to provide us with accurate, current and complete information about yourself as may be prompted by the website and to promptly update any such information to keep it accurate, current and complete.

 

We reserve the right terminate your account and/or prevent you from accessing the website or your account, with or without cause, at any time and in our reasonable discretion.

 

  

MODIFICATIONS TO PRICE AND AVAILABITY OF GOODS

 

This clause 4 applies to purchases made on any MARAIS Sale Platform and in Store.

 

Prices for our Goods are subject to change without notice. 

 

We reserve the right at any time to modify or discontinue the availability of any Goods advertised for sale without notice. 

 

We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Goods offered for sale. 

 

 

SPECIFIC WARNINGS

 

You must ensure that your access to the MARAIS Sale Platforms is not illegal or prohibited by laws which apply to you.

 

You must take your own precautions to ensure that the process which you employ for accessing the MARAIS Sale Platforms does not expose you to the risk of viruses, malicious computer code or any other form of interference or disruption which may damage your own computer system or network. We do not accept responsibility for any interference, disruption or damage to your own computer system or network which arises in connection with your use of any MARAIS Sale Platform or any linked website.

 

The information published and contained on MARAIS Sale Platforms by MARAIS is intended to showcase and sell our Goods. We are not responsible for information published on MARAIS Sale Platforms by parties other than MARAIS. We aim to ensure the accuracy of information published by us. However, we do not warrant the accuracy, adequacy or completeness of any information published on or contained on any MARAIS Sale Platform, nor do we undertake to keep any MARAIS Sale Platform updated. We do not accept responsibility for loss or damage suffered as a result of reliance by you upon the accuracy, currency, adequacy or completeness of any such information. Actual product characteristics (for example, shades of colour or size) may not match exactly those as displayed on your screen. In addition, any accessory featured with any product is for illustrative purposes only, and may be sold separately.

 

Responsibility for the content of advertisements (if any) appearing on any MARAIS Sale Platform (including hyperlinks to advertisers’ own websites) lies solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ goods or services and each advertiser is solely responsible for any representations made in, and in connection with, its advertisement.

 

 

COOKIES

 

Cookies are small pieces of information that your browser stores on your computer hard drive. We may use cookies on our website to provide us with site usage information as well as to assist us to improve and develop the Goods we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the website.

 

 

COPYRIGHT

 

Copyright in the text, graphics, user interfaces, photographs, images, logos, icons, sounds, music, sound recording, computer code, and software of the website and in content we publish on the MARAIS Sale Platforms (Content) and the design, structure, selection, coordination, colour combinations, layout, expression, look and feel, and arrangement of such Content, is owned or used under licence by us. Content procured from a third party (Third Party Content) may be the subject of additional terms and conditions imposed by that third party with which you must also comply. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Terms of Service, you must not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of any Content or Third Party Content; or
  • commercialise any information, Goods or services obtained from any part of any Content or Third Party Content, without our prior written permission or, in the case of or Third Party Content, from the owner of the copyright in that Content.

Your use of any MARAIS Sale Platform and use of and access to any Content or Third Party Content does not grant or transfer any rights, title or interest to you in relation to that MARAIS Sale Platform, Content or Third Party Content. MARAIS grants you a licence to access the website and view the Content and Third Party Content on the terms and conditions set out in these Terms of Service and, where applicable, on terms and conditions imposed by any third party licensor of Third Party Content.

 

 

TRADE MARKS

 

Except where otherwise specified, any word or device used on a MARAIS Sale Platform as a trade mark is a registered or proprietary trade mark.

 

If you use any of our trade marks in reference to our activities, Goods or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, goods or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive;
  • in a manner that disparages us or our information, Goods or services; or
  • without our prior written permission.

 

 

OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools. 

 

Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

 

 

THIRD-PARTY LINKS

 

Certain content, Goods and services available via the MARAIS Sale Platforms may include materials from third-parties or links to third party websites. 

 

Third-party links on a MARAIS Sale Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Goods, or services of third-parties. 

 

We are not liable for any harm or damages related to the purchase or use of Goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Goods should be directed to the third-party. 

 

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

  1. to maintain any comments in confidence;
  2. to pay compensation for any comments; or
  3. to respond to any comments. 

If you post any comments, reviews or other material to your account or any MARAIS Sale Platforms or to our social media platforms, we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property or these Terms of Service. 

 

You agree that any comments or reviews you make on any MARAIS Sale Platforms or to our social media platforms will not violate any of our right or the rights of any third-party, including copyright, trade mark, privacy or other personal or proprietary right. You further agree that your comments will not contain libellous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments or reviews. You are solely responsible for any comments or reviews you make and their accuracy. We take no responsibility and assume no liability for any comments or reviews posted by you on any MARAIS Sale Platform. 

 

 

PERSONAL INFORMATION

 

We understand that you value your privacy and wish to have your personal information kept secure. You can view the full text of our Privacy Policy and Privacy Collection Notice, which sets out how we collect and deal with your personal information at the website or upon request from us.

 

If you would like any further information about our privacy policies or practices, please contact us by email at customercare@marais.com.au.

 

 

ERRORS, INACCURACIES AND OMISSIONS 

 

Occasionally there may be information on a MARAIS Sale Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on a MARAIS Sale Platform is inaccurate at any time without prior notice (including after you have submitted your order). 

 

 

PROHIBITED USES

 

In addition to other prohibitions as set out in the Terms of Service, you are prohibited from using any MARAIS Sale Platform or any content on a MARAIS Sale Platforms:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any laws or regulations;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any party based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of a MARAIS Sale Platform or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape or by uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • for any obscene or immoral purpose;
  • to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet; or
  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • We reserve the right to terminate your use of any MARAIS Sale Platform or any related website for violating this clause 18. 

 

 

DISCLAIMER OF WARRENTIES; LIMITATION OF LIABILITY

 

To the maximum extent permitted by law, including the Australian Consumer Law, in no event will we be liable for any direct and indirect loss, damage or expense, or injury, illness or death – irrespective of the manner in which it occurs – which may be suffered as a result of:

  • your use of any MARAIS Sale Platform and/or the information or materials contained on it;
  • the inaccessibility of a MARAIS Sale Platform;
  • the fact that certain information or materials contained on a MARAIS Sale Platform are incorrect, incomplete or not up-to-date; or
  • your purchase or use of Goods from us.

 

 

INDEMNITY

 

You agree to indemnify, keep indemnified, defend and hold harmless MARAIS and its Related Entities and Associated Entities (as those terms are defined in the Corporations Act2001(Cth), partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any loss or expense (including reasonable legal fees) incurred as a result of or in connection with:

  • your breach of these Terms of Service; or
  • any claim or demand made by any third-party against us due to or arising out of your breach of these Terms of Service. 
  • Security of information

No data transmission over the Internet can be guaranteed as totally secure. Other than an expressly set out in these Terms of Service, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted strictly at your own risk. Without limiting the foregoing, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

 

 

TERMINATION OF ACCESS

 

Your access to any MARAIS Sale Platform may be terminated immediately at any time by us without notice. Clauses 1, 2, 7, 8, 11, 12, 15, 16, 19, 20, this clause 22, 23, 24 of these Terms of Service and other terms which are capable of survival will nevertheless survive any such termination.

 

 

GOVERNING LAW

 

These Terms of Service are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of and in that jurisdiction and courts of appeal from such courts.

 

 

MARAIS:

  • makes no representation that its Goods are suitable for your specific circumstances or appropriate for your individual needs; 
  • does not warrant that the Goods will function in accordance with any claim made in the marketing materials (including as published on a MARAIS Sale Platform) and instructions that accompany the relevant Goods; and
  • has no liability to you arising howsoever in connection with the Goods where your use of the Goods is not in accordance with the instructions which accompany those Goods.

To the maximum extent permitted by law, including the Australian Consumer Law, any condition or warranty which would otherwise be implied into these Terms of Service (including in connection with any Goods you purchase through a MARAIS Sale Platform) is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of the condition or warranty to one or more of the following:

  • if the breach relates to Goods:
    • the replacement of the Goods or the supply of equivalent Goods;
    • the repair of such Goods;
    • the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
    • the payment of the cost of having the Goods repaired; and
  • if the breach relates to services:
    • the supplying of the services again; or
    • the payment of the cost of having the services supplied again.

 

 

GENERAL

 

By agreeing to these Terms of Service, you warrant that:

  • you are at least 18 years of age and you possess the legal authority to enter into these Terms of Service; or
  • if you under 18 years of age, you have obtained the written consent of your parents or guardian to enter into these Terms of Service. 

We reserve the right to only accept orders from customers who can prove they are 18 years of age or older.

 

A breach or violation of any of the Terms of Service will result in an immediate termination of your access to the applicable MARIAS Sale Platform and to any account established pursuant to clause 3 of these Terms of Service. 

 

You understand that your content (not including credit card information) provided to a MARIAS Sale Platform may be transferred unencrypted and involve:

  • transmissions over various networks; and
  • changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks. 

 

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service. 

 

MARAIS will not be liable for any failure or delay or default in performance of its obligations under these Terms of Service if such failure or delay or default is caused by conditions beyond its control including but not limited to acts of God, government restrictions, wars, insurrections, pandemics, epidemics and/or any other cause beyond MARAIS’ reasonable control.

 

Any failure by a party to exercise any right under these Terms of Service or any delay by a party in exercising a right under these Terms of Service does not operate as a waiver. The single or partial exercise of any right under these Terms of Service by that party does not preclude any other or further exercise of that or any other right by that party. A waiver of one breach of a term of these Terms of Service does not operate as a waiver of another breach of the same term or any other term of these Terms of Service.

 

If any provision of these Terms of Service is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from these Terms of Service.

 

These Terms of Service (and our Privacy Policy) set out the entire agreement and understanding between you and us with respect to the subject matter of these Terms of Service and supersedes all prior agreements, understandings and representations.

 

Questions about the Terms of Service should be sent to us by email at customercare@marais.com.au.

 

MARAIS provides exchanges for products purchased within 7 working days of purchase, subject to the following terms. Exchanges are only available for ready to wear, shoes and accessories (excluding earrings and undergarments) for the purpose of changing sizes. Products may only be returned or exchanged once. Goods must not be worn, attached with all of its original labels, price tag, box and packaging.

 

MARAIS does not provide refunds, returns or exchange if we find evidence of fraud, refund abuse, change of mind or other manipulative behaviour that entitles MARAIS to a corresponding counterclaim.

 

MARAIS does not provide returns or exchange services to any sale items at any times unless the item is deemed faulty, as subject to Terms and Conditions prior to the point of purchase.

 

Credit Notes are valid for 1 year from date of issue and Gift Vouchers are valid for 3 years from date of issue and may be used for SALE items.

 

Your purchase is also subject to MARAIS Terms of Sale, which are available on our website marais.com.au. To the extent of any inconsistency between this T&Cs and the Terms of Sale, this T&Cs shall prevail.

 

MARAIS reserves the right, at our sole discretion, to update, change or replace any part of our Terms of Sale by posting updates and changes to our website marais.com.au. It is your responsibility to check our website periodically for changes. The Terms of Sale that are published at the time of your purchase will apply to that purchase only.

 

The customer acknowledges and accepts these Terms and Conditions and that goods have been well inspected and confirmed in good condition.

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