GENERAL

All contracts and dealings between MY (ABN 49625354896) and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘My Dearest) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by My Dearest to the Customer through the website www.mydearest.com (‘Website’) are subject to the Terms and Conditions of trade set out below (‘these Terms’).

By entering this website, the Customer agrees to be bound by these terms, conditions, notices and disclaimers as may be amended by My Dearest from time to time.

 

VARIATION

My Dearest has the right to amend, remove or vary these Terms at any time without any notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms.

 

ACCESS

Access to the Website is permitted on a temporary basis, and My Dearest reserves the right to withdraw or amend the Services without notice. My Dearest will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, My Dearest may restrict access to some parts or all of the Website without notice.

 

PRIVACY POLICY

The Customer can access My Dearest’s privacy policy here.

 

INTELLECTUAL PROPERTY

All intellectual property rights in all content made available to the Customer on or through the Website remains the property of My Dearest.

The Customer is authorized to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Alteration and modification of any kind to the content is not permitted.

The Customer is not permitted to copy, reproduce, alter, distribute, resold, publish or use in any manner any content on the Website other than as permitted by the Copyright Act 1968 or with the prior written consent of My Dearest. Such consent may be withheld by My Dearest at its absolute discretion.

The Customer must not remove any copyright or trademark notices from the content found on the Website.

My Dearest makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.

 

TERMS OF SALE

By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and My Dearest with respect to the supply of the Goods in accordance with these Terms.

All Orders are subject to availability of the Goods and confirmation of the Order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure for which My Dearest will not be responsible.

The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.

In order to contract with My Dearest, the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to My Dearest.

My Dearest reserves the right to accept or reject an Order for any reason at any time.

When placing an Order the Customer undertakes that all details that are provided to My Dearest are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.

My Dearest reserves the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of the front of your driver's licence and the credit card used to make a purchase. If a response is not received within 48 hours, your order will be cancelled and your card refunded. If our merchant bank is not satisfied with the information provided, your order will also be cancelled and refunded.

Changes to items on orders, shipping addresses or names are not permitted once an order has been processed. My Dearest is free to cancel an order for a customer but can refuse any amendment of that order at any time. 

 

PRICE                                                                  

The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee.

Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.

My Dearest reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.

In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.

My Dearest will issue the Customer with a tax invoice once payment in respect of the Order has been processed.

 

CANCELLATION

Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to My Dearest.

 

REFUND & EXCHANGE POLICY

Please refer to RETURNS & EXCHANGES policy here.

 

DAMAGED & FAULTY GOODS

Please refer to RETURNS & EXCHANGES policy here.

 

DELIVERY

Any period or date for delivery of Goods stated by My Dearest is intended as an estimate only and is not a contractual commitment.

My Dearest will use its best endeavours to meet any estimate delivery dates but will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.

My Dearest reserves the right to amend delivery methods without notice.

 

PRE-ORDER ITEMS

A Pre-Order is the term used when a Good is currently unavailable for immediate shipment and is in production to be shipped at a later date. The estimated date of delivery is displayed on the product page and the product is clearly marked as a pre-order online. Pre-Order items that are not able to be cancelled once placed.

 

LIMITATION OF LIABILITY & INDEMNITY

The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, My Dearest makes no warranties or other representations in relation to the supply of Goods. My Dearest’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify My Dearest, its affiliates, officers or directors from any third-party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.

My Dearest does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.

 

WAIVER

The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.

The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.

Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver and shall be effective only to the extent specifically set out in that waiver.

 

FORCE MAJEURE

If the performance of My Dearest’s obligations under these Terms is prevented, restricted or affected by a force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of My Dearest, My Dearest will not be liable for any loss or damage suffered by the Customer or any other person and My Dearest will give the Customer written notice if the force majeure event has continued unabated for 30 days.

 

GOVERNING LAW & JURISDICTION

These Terms contained herein shall be governed by the laws of New South Wales, Australia and the Customer submits to the exclusive jurisdiction of the Courts of New South Wales to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.

 

SEVERABILITY

The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.

The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

 

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.

 

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