Site Use Terms & Conditions

MagicDichol Australia Pty Ltd

Terms

1.              About Us

MagicDichol Australia Pty Ltd ABN 18 639 720 059 (ANS, we, us or our) operates the www.magicdichol.com/store/mdaust/index.php website (website). We provide a number of goods on our website.

2.              About this document

This document sets out the terms and conditions (Terms) that apply to our users of our website. Your agreement with us is wholly contain in this document.

3.              Convention on Contracts for the International Sale of Goods

The UN Convention on Contracts for the International Sale of Goods does not apply to these terms or any sales of goods to you and is expressly excluded.

4.              Our relationship with you

You are an independent of us.  You are not our employee or agent and have no authority to act on our behalf or to bind us.  You must not allow any person to believe otherwise.

5.              Website Content

5.1           The website may include:

                  (a)         advertisements; and

                  (b)         third party services.

5.2           Our website may link to external landing pages or other locations.  Unless stated otherwise:

                  (a)         we do not control, approve, endorse or sponsor any such websites, landing pages or their content;

                  (b)         we do not have the approval, sponsorship, endorsement or affiliation of any such websites; and

                   (c)         we do not provide any warranty or take any responsibility for any aspect of those websites, landing pages or their content.

6.              Regulated and TGA Goods

6.1           Some of the goods on our website are approved by the TGA, only goods which are expressly identified as TGA approved have such approval.

6.2           We do not warrant or represent that:

                  (a)         other goods are approved by the TGA or are required to be approved by the TGA; or

                  (b)         goods are approved for sale outside of Australia.

6.3           For the purposes of this clause 6, TGA means the Australian Therapeutic Goods Administration.

6.4           You are solely responsible for and must ensure that goods purchased from our website may be imported to the shipping address specified in any order.

6.5           We are not responsible or liable for any import charges duties or other customs clearance obligations which may arise as a consequence of any purchase you make on our website.

7.              Third Party Services

7.1           Our website may rely upon third party services including address verification, pop ups or fraud prevention tools (Third Party Services).

7.2           Where third Party Services do not function properly, our website may not function properly and ordering may be impacted.

7.3           You acknowledge that the failure of a Third Party Services is not a defect in our website;

7.4           Where you acknowledge something, you agree that your use of our website is subject to these acknowledgments.

8.              Security

8.1           You must ensure and warrant that you will not introduce into our website or our servers any:

                  (a)         malware, adware, viruses, or Trojans;

                  (b)         other content or material which may be detrimental to us or our website.

8.2           Your access and use of this website is at your own risk.

8.3           The internet is not secure. Material passing over the internet may be intercepted, altered or corrupted in storage or transit.

8.4           We do not promise that this website:

                  (a)         is free from errors;

                  (b)         will operate without interruption; or

                   (c)         is free from anything which may damage your computer or data including viruses and malware.

8.5           You should always ensure you have up-to-date antivirus and firewall security in place when using the internet.

8.6           We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of this website.

9.              Limited license

9.1           You have a limited license to use our website subject to these terms.

9.2           You must not:

                  (a)         reverse engineer, adapt, disassemble, decompile, copy or replicate our website or any part of it; and

                  (b)         do anything which compromises or adversely impacts the operation of our website.

10.           Privacy

10.1        We will handle all personal and sensitive information in accordance with our privacy policy and in a manner consistent with the Privacy Act 1988 (Cth).

10.2        By placing an order with us you consent to receiving electronic messages including SMS and email promoting our goods and services.

10.3        You consent to the collection, use, disclosure and storage of personal information, and sensitive information in order to use our website (and acquire goods) including on the terms of our Privacy Policy and Collection Statement.

10.4        You consent to our use of personal information for marketing purposes. We will never use sell your personal information, and sensitive information. You may opt out of receiving communications from us at any time, however, our website ordering process may not work in some circumstances where you do.

11.           Intellectual Property

11.1        We own the intellectual property rights in our website and in the trademarks that appear on our website (unless those trademarks are licensed for use).

11.2        You must not:

                  (a)         do anything which may infringe, jeopardise or challenge such rights;

                  (b)         commercialise or attempt to commercialise such rights.

11.3        Unless otherwise indicated, copyright in this website and its contents belongs to us.

11.4        You may:

                  (a)         publish a link to this website;

                  (b)         make a temporary copy of part or all of this website on your computer for the sole purpose of viewing it; and

                   (c)         print a hardcopy of a whole page of this website as long as no part of the page (including any copyright notice) is edited, modified or deleted in any way.

11.5        Unless permitted by law and subject to this clause 11, you must not, without our prior written consent:

                  (a)         otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; or

                  (b)         cause any part of this website or its contents to be framed or included in another website.

12.           Pricing

Prices on our website:

                  (a)         are subject to change without notice;

                  (b)         are correct except in the case of manifest error;

                   (c)         include Australian GST;

                  (d)         exclude delivery costs which are calculated at checkout.

13.           Delay, Ownership and Responsibility

13.1        Ownership and responsibility in goods passes to you upon dispatch from our warehouse.

13.2        On occasion something outside of our control may delay shipment of goods ordered through our website, we are not liable for any such delay.

13.3        Estimated shipping and delivery dates generated by our website are estimates only and may vary depending on the courier or postal service.

13.4        We will nominate the method of delivery used depending upon the shipping address of the goods.

14.           Orders and Refunds

14.1        By placing an order on our website you are offering to enter into an agreement for the sale of goods with us.

14.2        Only once an order is accepted by us, does it become an agreement for the sale of goods to you, however, we may cancel an order or sale agreement at any time prior to dispatch including where we detect fraud.

14.3        On occasion we may not have stock of an item, in which case:

                  (a)         we may offer you an alternative;

                  (b)         offer you a refund and cancel the agreement; or

                   (c)         keep your order current for a period of 30 days pending, and ship your order upon receipt of more stock.

14.4        We will issue refunds:

                  (a)         where we cancel an order in accordance with this clause 14 or any other part of these terms;

                  (b)         where we agree to your cancellation of an order; and

                   (c)         to the credit card or other payment source used to pay for goods at the time of the order.

15.           Product Specifications

15.1        Features and specifications of goods on our website:

                  (a)         are subject to change without notice;

                  (b)         are only a guide and should not solely be relied upon in determining whether to purchase goods.

15.2        Weights, dimensions and volumes of goods are approximate and may slightly vary.

16.           Gift or Credit vouchers

We may issue gift or credit vouchers, where we do, they may only be used on our website and unless required by law cannot be redeemed for cash.

17.           Liability

17.1        If we supply goods or services of a kind ordinarily acquired for personal, domestic or household (PDH) use or consumption, you may have rights under the Australian Consumer Law (ACL) including Consumer Guarantee Rights. Nothing in these terms limits those rights and remedies in any way.

17.2        If we supply goods or services not of a kind ordinarily acquired for PDH use or consumption and costing no more than $40,000 (or $100,000 from 1 July 2021):

                  (a)         in relation to those goods, our liability for failure to comply with a Consumer Guarantee (other than certain guarantees about ownership and undisturbed use) is limited to:

(i)         replacing the goods or supplying equivalent ones;

(ii)       repairing the goods;

(iii)      paying the cost of replacing the goods or of acquiring equivalent ones; or

(iv)      paying the cost of having the goods repaired; and

                  (b)         in relation to those services, our liability for failure to comply with a consumer guarantee is limited to:

(i)         supplying the services again; or

(ii)       paying the cost of having the services supplied again.

17.3        Subject to clauses 17.2(a) and 17.2(b):

                  (a)         any representation, warranty, condition or undertaking that would be implied in a sale agreement by legislation, common law, equity, trade, custom or usage or otherwise is excluded, to the fullest extent permitted by law.

                  (b)         Neither party is liable for Consequential Loss.

                   (c)         To the extent permitted by law, our liability is capped at $500 in the aggregate.

18.           Reviews, content sharing and social media

18.1        Subject to clause 18.2, you may:

                  (a)         share any blog posts, reviews and articles published on this website on other websites or via social media websites or social media services; and

                  (b)         share any other content on this website via social media if we provide you with the means for doing so, e.g. if we provide a hyperlink, button or other means of sharing it via social media.

18.2        You may only share content from this website if you:

                  (a)         include a hyperlink to the original content on this website;

                  (b)         do not claim, suggest or infer that the content belongs to anyone other than us; and

                   (c)         do not commercialise it, e.g. by charging people to access it or including it in a paid publication.

18.3        Where you review any product you warrant that it must be truthful and free of any unlawful content including defamatory content. We reserve the right to remove any review which contravenes these terms.

19.           Suspension

                  (a)         We may suspend your use of our website where you breach any of our terms.

                  (b)         If we suspend you from using our website we are not obliged to fulfil any order you place.

20.           Miscellaneous

                  (a)         We may amend these Terms from time to time by giving you written notice.  Amendments will not apply retrospectively.

                  (b)         You may not assign any part of your rights or obligations under these terms without our prior written consent.

                   (c)         The parties rights, remedies and powers under these terms are cumulative and not exclusive of any rights, remedies or powers provided to us by law.

                  (d)         If we overlook a breach of these terms on one or more occasions, we are not taken to have agreed to any future breach.

                  (e)         If a provision of these terms is unenforceable it must be read down, to the point of severance if necessary.

                   (f)         These terms constitute the entire agreement between you and us in relation to its subject matter and supersede all other agreements, arrangements or understandings.

                  (g)         These terms are not to be construed against a party because that party was responsible for its preparation.

                  (h)         You are free to negotiate any of these terms with us prior to placing an order. The terms are only varied upon our written agreement.

                    (i)         These terms are governed exclusively by the law of Victoria, Australia, and any dispute may only be heard in the Courts of Victoria Australia.