TERMS AND CONDITIONS OF USE AND SALE
Registration and User Requirements
Access and use of the Website
Information on this Website
Disclaimer and Liability
Price, Payment and Use of Promotional Discount/Coupon Codes
Supply and Delivery of Goods
Goods Out of Stock
Change of Mind Returns
Process for Returns and Refunds
Social Media and Content
Privacy and Personal information
Promotion Terms & Conditions
Last updated February 2018
- User Agreement
- Defective Goods
2.1. Goods purchased from maxiplast.com.au or a Maxiplast retailer come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in this Agreement limits your rights under the consumer guarantees that apply under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Registration and User Requirements
3.1 To complete an order you must provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
3.2 By submitting your email address, 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.
- Access and use of the Website
4.1 You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
4.2 You must not (or attempt to):
4.2 A) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
4.2. B) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
4.2. C) interfere (or attempt to interfere) with security-related or other features of our site; or
4.2. D) Use, copy or distribute (or attempt to use, copy or distribute) content without our express permission
4.3 We may refer fraudulent or abusive or illegal activity to the relevant authorities. 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.
4.4 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).
4.5 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.
5.1 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.
5.2 Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in color) from the way they appear on the Website.
6. Disclaimer and Liability
6. 1 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:
6.1 A) errors, mistakes or inaccuracies on the Website or our social media pages;
6.1 B) 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;
6.1 C) personal injury or property damage of any nature resulting from your access to or use of the Website;
6.1. D) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
6.1. E) any interruption or cessation of transmission to or from the Website;
6.1. F) 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
6.1. G) the quality of any product or service of any linked sites.
6. 2 Where any law (including Federal and State Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to the maximum extent permitted by law.
6. 3 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.
7.1 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
8.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
8.2 The promotion of goods or services on the Website does not constitute an offer to sell.
8.3 Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
8.4 Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
8.5 We may reject your order for any reason, including, but not limited to, in circumstances where we believe there may be payment fraud, where we believe the order is being purchased for resale or other non-personal use, where we become unable to ship your order, or if there has been an error in the price or product description on the Website.
8.6 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 and on the Website.
8.7 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
9. Price, Payment and Use of Promotional Discount/Coupon Codes
9.1 The prices of goods, delivery and other charges shown are in local currency.
9.2 All payments must be received in full before 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.
9.3 We are currently unable to accept payment via foreign credit cards. Only New Zealand issued credit card payments can be accepted at this time.
9.4 There is a limit of one promotional discount or coupon code per transaction. Coupon "stacking" and the use of multiple coupon codes is not permitted.
9.5 We reserve the right to extend, change or cancel a promotional discount or coupon code at any time.
10. Supply and Delivery of Goods
10.1 Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery time frames will be met.
11. Goods Out of Stock
11.1 We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
12. Change of Mind Returns
12.1 Maxiplast has a strict Customer Return & Exchange Policy and Procedure to ensure that each item is dealt with quickly and professionally. We will allow a change of mind return for refund or exchange, provided that the item in question is;
12.1 A) full priced, non-sale item;
12.2.B) returned within 30 days of order from Maxiplast.com;
12.2 C) in original purchased condition (unused);
12.2.D) not damaged in any way.
12.2 Products purchased from a wholesale account are not eligible for change of mind return to Maxiplast. These must be returned to the place of purchase. Products purchased from unauthorized sellers, including unauthorized Internet sites, are not eligible for change of mind return to Maxiplast
12.3 Garments purchased from a Maxiplast must be returned to the place of purchase for a Return or Exchange request
12.4 Products purchased from maxiplast.com/au must be returned to Maxiplast online. A return or exchange request must be submitted via our Returns and Exchanges page via the website
12.5 Refunds will be permitted to the original account used at the time of purchase (the original Credit Card or PayPal Account used).
13. Process for Returns and Refunds
13.1 When seeking a return on a product, please contact us via the Support Centre or email email@example.com. Once contacted we will assess whether your product may be returned and, where required, provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply.
13.2 Once an item is returned we will inspect your goods and investigate any claims and where we believe it is applicable, provide you with a refund or exchange.
13.3 Refunds will be issued using the payment method used for purchase.
13.4 We aim to process refunds and replacements within 5 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
14. Social Media and Content
14.1 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, Instagram page 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.
14.2 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.
14.3 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 via your account and you must not post (or allow) content to be posted through your account that
14.1.A) you do not have the right to post;
14.1.B) is defamatory or in contempt of any legal or other proceedings;
14.1.C) is misleading or deceptive;
14.1.D) is offensive or discriminates against any group of persons being a group defined by reference to color, race, sex, origin, nationality or ethnic or national origins;
14.1.E) denounces religious or political beliefs;
14.1.F) contains religious or political material;
14.1.G) is indecent, obscene, vulgar, pornographic or offensive;
14.1.H) infringes any copyright, trade mark, patent or other intellectual property right of another person;
14.1. I) contains any unsolicited or unauthorised advertising or promotional material;
14.1. J) contains or links to viruses, malware, spyware or similar software; or
14.1.K) impersonates any person or misrepresents your relationship with any person.
14.4 We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
14.5 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.
15.1 All content, graphics, user and visual interfaces, photographs, trade marks, 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 Maxiplast, 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.
15.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
15.3 You may not:
15.3. A) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
15.3. B) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
15.4 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.
16.1 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.
16.2 This Agreement will be governed by and interpreted in accordance with all applicable laws.
16.3 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.
16.4 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.
17. Privacy and Personal information