Welcome to MBeautiful.com.au!
1. User Agreement
By using the MBeautiful.com.au website (and App and mobile site) and our social media pages (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and NYV Pty Ltd (referred to in this Agreement as “we”, “us” or “our”). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
2. Specific terms applicable to MBeautiful marketplace sales
a) In addition to selling its own goods and services, MBeautiful.com.au also operates as a marketplace platform that allows independent, third-party sellers who abide by our standards to list and sell genuine leather goods on our Website (“Sellers”). If goods on the site are being sold by a third party, the listing will contain the Seller’s details in addition to any terms of sale specific to the Sellers goods (such as delivery timetables).
b) By buying these goods, you are transacting directly with the Seller, and MBeautiful.com.au is not a party to the transaction. As a result, we do not control any aspects of the transaction, including the listing content and accuracy or the quality, shipping and delivery of the goods.
c) In addition to terms applicable to goods we sell, these terms also set out terms applicable to goods sold by third party Sellers.
d) You agree that as a platform for independent Sellers, we are not responsible for the transactions that occur between you and the Seller, nor are we responsible for the Seller’s goods or services to the extent permitted by law, MBeautiful.com.au makes no warranty or representation regarding the standard of any goods or services to be supplied by the Seller. Nothing in this clause is intended to have the effect of restricting or modify your rights or our obligations that cannot be restricted or modified by law (including the Australian Consumer Law).
3. Registration and User Requirements
a) You must be a registered member to access some features of the Website or our services. When you register, you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
b) By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
c) To register an account or to use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
4. Access and use of the Website
a) You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
b) You must not (or attempt to):
i. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
ii. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
iii. interfere (or attempt to interfere) with security-related or other features of our site; or
iv. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
c) We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
d) You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
e) We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
5. Information on this Website
a) Information about leather goods on the Website is based on material provided by third party Sellers, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
b) You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
c) Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
6. Disclaimer and Liability
a) To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
i. errors, mistakes or inaccuracies on the Website or our social media pages;
ii. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
iii. personal injury or property damage of any nature resulting from your access to or use of the Website;
iv. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
v. any interruption or cessation of transmission to or from the Website;
vi. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
vii. the quality of any product or service of any linked sites.
b) We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Sellers of goods and services.
c) Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
d) Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
7. Indemnity
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
8. Placing Orders
a) You are responsible for any discrepancies or errors in your order caused by you.
b) The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
c) Orders placed by you are offers to purchase either:
i. a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/Seller terms and conditions at the price specified (including delivery and other charges); or
ii. goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
d) Goods sold by MBeautiful.com.au are not reserved in-cart, and an order is only finalised when you have completed checkout process and received an order confirmation from us and payment is received in full.
e) When an order is placed for a Sellers goods, we will send the order to the Seller for confirmation, at which time they may accept or reject your order. Where a Seller rejects your order, we will refund you for the order and associated shipping charges. You will receive confirmation that your order has been accepted by the Seller via email.
f) Your order may be rejected in circumstances where we believe that your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.
g) You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. If you change your mind, you can return your goods provided you meet the requirements set out in our Change of Mind Returns policy.
h) In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
i) We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
9. Guest Checkout
a) You can make purchases on our Website without creating an account by using our Guest Checkout.
b) When you use Guest Checkout, we will collect any personal information you provide, including your name, email and delivery address, in accordance with our Privacy Policy.
10. Price, Payment and Use of Discount/Coupon Codes
a) The prices of goods, delivery and other charges shown are in Australian dollars.
b) All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
c) Discount codes and coupons are only valid for a single transaction and may not be used in conjunction with any other discounts. They are also subject to our fair use requirements, and where we reasonably determine that an individual is abusing the use of the discount code, we may cancel a transaction or that code (for example where the same individual use a discount code across multiple with multiple accounts).
d) Items purchased using a discount/coupon code are subject to our returns or refunds policy.
e) If you have used a discount/coupon code to pay for your order, the refund will reflect the funds you paid and will exclude the discount/coupon amount.
11. International Sellers and Direct Import Goods
a) Some third-party Sellers are based in overseas countries. By purchasing goods from these Sellers and importing them into Australia you may be required to comply with Australian laws and standards that apply to the importation of such goods.
b) Some products or orders from overseas Sellers which exceed the low-value import threshold (currently $1,000AUD) may be subject an additional amount of GST collected from you by the Australian Customs and Border Force. Please check www.border.gov.au.
12. Store Credits
c) If you have an account with us, any unused portion of your Store Credit shall be credited to your account.
d) To the extent permitted by law, MBeautiful.com.au reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the MBeautiful.com.au Website.
e) Store credits expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) will expire after 3 months.
f) Store credits cannot be redeemed for cash or used for the purchase of gift cards. Where a minimum spend applies to any promotional event on the website, store credits do not count towards the minimum spend totals.
13. Shipping and Delivery
a) Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
b) We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express shipping). Sellers may set their own delivery time frames which may differ from goods sold by us. You should check the sales listing for these details.
c) Standard and express shipping are subject to different fees and charges. All shipping charges will be made available to you at checkout.
d) Sellers utilise their own shipping and distribution networks and may charge different rates for shipping on goods.
e) Express shipping is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
f) For goods sold on MBeautiful (including by MBeautiful and on our Marketplace), some orders may not require a signature and will be left in a safe place at your delivery address in accordance with our courier partner’s standard practices.
g) A signature may be required for some deliveries and some marketplace orders (depending on the individual Seller’s requirements). You are responsible for ensuring you are able to accept delivery. Neither MBeautiful, nor our marketplace seller will be responsible:
i. for late delivery where attempted delivery has occurred on or before the stated delivery time-frames;
ii. for lost or missing parcels that have been signed for at your selected delivery address (regardless of whether or not you have personally accepted delivery);
iii. for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item’s carrier.
h) We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
14. Packaging and Labelling
a) We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
b) Because some goods are imported or originate from outside of Australia, their packaging, ingredients, composition and quality may vary from the same or similar product available in Australia and made directly for the Australian market.
15. Dispute Management and Resolution – Third Party Seller goods
a) If you are unable to resolve a complaint or dispute with a Seller in relation to your goods, you may submit your complaint to our dispute management and resolution procedure.
b) We will investigate your dispute in line with our published dispute management and resolution procedures.
c) In the event a customer is abusive or aggressive in its communications with us, we reserve the right to delete a customer account.
16. Social Media and Content
a) You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
b) You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
c) As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website and you must not post (or allow) content to be posted that:
i. you do not have the right to post;
ii. is defamatory or in contempt of any legal or other proceedings;
iii. is misleading or deceptive;
iv. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
v. denounces religious or political beliefs;
vi. contains religious or political material;
vii. is indecent, obscene, vulgar, pornographic or offensive;
viii. infringes any copyright, trade mark, patent or other intellectual property right of another person;
ix. contains any unsolicited or unauthorised advertising or promotional material;
x. contains or links to viruses, malware, spyware or similar software; or
xi. impersonates any person or misrepresents your relationship with any person.
d) We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
e) You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
17. Intellectual Property
a) All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to MBeautiful.com.au, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
b) Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
c) You may not:
i. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
ii. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
d) IF you correspond OR otherwise communicate WITH us, you automatically GRANT TO us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence TO USE, copy, display AND distribute the content of your correspondence OR communication AND TO PREPARE derivative works of the content OR incorporate the content INTO other works IN order TO publish AND promote such content. This may include, but IS NOT limited TO, publishing testimonials ON our Website AND developing your ideas AND suggestions FOR improved goods OR services we provide.
18. Transfer and Assignment
a) You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party.
b) We shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party.
c) We shall be entitled to assign the benefit of any agreements we have with you to the third party.
19. General
a) We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
b) This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
c) If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
d) If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
e) In the event a customer is abusive or aggressive in its communications with us, we reserve the right to delete a customer account.
20. Related policies
a) Privacy policy
b) Goods returns policy
c) Customer review policy
d) Cookies policy