TERMS & CONDITIONS and the of USE of our SITE
Welcome to Mabarrack Furniture.com.au
If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. The Mabarrackfurniture.com.au Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Mabarrack Furniture’s goods and services.
1. Ownership, Content and Submission
This Website is owned and operated by Mabarrack Furniture Pty Ltd (a company located at 723 Port Rd Woodville Pk SA) – Australia and formed under Australian law with ABN 79061837572).
We welcome Your comments regarding the Mabarrackfurniture.com.au Website. If You wish to contact Us please send an email to firstname.lastname@example.org However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Mabarrackfurniture.com.au shall be and remain exclusive property of Mabarrack Furniture Pty Ltd. Your submission of any such Comments shall constitute an assignment to Mabarrack Furniture of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments.
Mabarrack Furniture will be entitled to use, reproduce, disclose, publish and distribute any material You submit for any purpose whatsoever, without restriction and without compensating You in any way. For this reason, We ask that You refrain from sending Us any Comments or Images that You do not wish to assign to Us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
2. Access and use of the Site
2.1 You may not use the Website in any improper or unlawful manner or in breach of any law or license that applies to You.
2.2 Without limiting the foregoing, You agree that, when using the Website, You will not:
- create multiple accounts or user ID to log in; impersonate or try to impersonate another person; use software to harvest information from the Website.
- use, copy, download, save, extract or reutilise any part of the Website or any information or content available on the Website, or use or allow any third party to use, copy, download, save, extract or reutilise any part of the Website for any commercial purpose;
- distribute, give or allow access to or otherwise make available to any other individual or entity, or frame, mirror, overlay, or employ other technologies used to enclose, display or similar;
- modify, translate, adapt or create derivative works;
- sell, rent lease, license, loan, commercialise or use for the benefit of any other person nor in connection with any direct or indirect revenue-generating activities (including generating internet traffic for websites containing advertising) or that result in developments that are used for such activities. For the avoidance of doubt, uses in connection with work that is carried out on the request, or at the direction or expense, of a person will be considered as being for the benefit of that person;
- send altered, deceptive or false source identifying information, including “spoofing” or “phishing”, run any form of auto-responder or “spam” or use in connection with unsolicited communication, advertising or similar;
- use in connection with any search functionality, or to otherwise power any products/apps/tools/systems, accessed by or on behalf of any other person;
- attempt to bypass any measure intended to prevent or restrict non-authorised use, make use of any means of access not made available for that purpose or probe, scan, or test for vulnerabilities;
- decipher, decompile, dissemble, reverse engineering or otherwise attempt to derive any source code or underlying ideas or algorithms except to the extent reserved by applicable laws and having given Mabarrack Furniture prior notice;
- use any manual or automated means, including robots, scripts, or spiders to access, monitor, crawl, scrape, spider or mine, except those expressly authorized by Us in advance in writing.
3. Personal data Protection and Privacy
Mabarrack Furniture collects the personal data of its users as described below. The data collected is only that provided by the user when using these services, with the exception of the user’s IP address which is additionally stored for the purposes of cookie management and online ordering.
- Contact form. This data is stored in a database and is only used in the context of an exchange of emails unless you opt-in to receive promotional emails from Us
- Catalogue request form. This data is stored in a database. It is used solely for information transmission purposes unless you opt-in to receive promotional emails from Us
- Newsletter signup form. This data is stored in a database owned by Mabarrack Furniture and it is retained until the user unsubscribes.
- Exclusive offers and personalised information form. This data is stored in database owned by Mabarrack Furniture. It is retained until the user unsubscribes and is updated every day (within 24 hours).
- Private sale signup form. This data is stored in database owned by Mabarrack Furniture. It is retained until the user unsubscribes and is updated within 24 hours.
- Meeting request form. This data is stored in a database and is used solely for information transmission purposes unless you opt-in to receive promotional emails from Us
- Information request form. This data is stored in a database and is used solely for information transmission purposes unless you opt-in to receive promotional emails from Us
- Registration forms relating to an order placed with the online store. This data is stored in a database and is used for customer administration and invoicing purposes. They are passed on to partner stores responsible for the sales and for the delivery. Information collected may be passed on to Our partners responsible for its processing or to partner stores.
We may communicate with the web users by post, email, telephone or text depending on the type of form they have completed.
The types of cookies used:
- Audience measurement: audience measurement tools are used to obtain information on visitor navigation. Their objective is to make it possible to analyse navigational behaviour on the Website for optimisation purposes.
- Social buttons: Our Website may contain third party applications. This can principally be the case with buttons/links to social networks (mainly « Share » and « Like » buttons for social networks such as Facebook, Twitter, etc.). Please consult their own cookie management policies paying particular attention to those sections relation to privacy protection.
- Sales through the online store: these cookies are used on Our Website to save Your basket or send You information tailored to Your interests. Cookies from the online store are mainly used to suggest a delivery location suited to Your delivery address and its geolocation in order to determine Your closest store.
4. Instructions and accessing the Site
You agree to comply with all reasonable instructions that We may give You regarding the use of the Website. You are responsible for ensuring that no one uses Your equipment to access the Website without Your permission. We will be entitled to assume that anyone who accesses the Website using Your credentials has Your permission to do so and You will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person
5. Third party payment solution provider
6. Intellectual Property
(a) the material and information may only be used for Your personal and non-commercial purposes;
(b) the material and information shall not be reproduced or included in any other work or publication in any medium, without Our previous consent;
(c) the materials and information may not be modified or altered in any way;
(d) the materials and information may not be distributed or sold to any third party;
(e) You may not remove any copyright or other proprietary notices contained in the material or the information.
We will exercise all reasonable skill and care in operating the Website. However, We may obtain certain materials and information displayed on the Website from third party partners. We make no representations or warranties of any kind, expressed or implied, about the accuracy, completeness, currency or reliability of any such materials or information.
Our services and all information, content, materials, products and other services included on or otherwise made available to you through this website are provided by us on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representation of any kind, express or implied, as to the operation of this website, or the information, content, materials, products or other services included on or otherwise made available to you through this website, unless otherwise specified in writing. You expressly agree that your use of this website is at your sole risk. To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our services, information, content, materials, products or other services included on or otherwise made available to you through this website, our servers or electronic communications sent to you from us are free of viruses or other harmful components. To the full extent permissible by law, we will not be liable for any damages of any kind arising from the use of any service on this website, or from any information, content, materials, products or other services included on or otherwise made available to you through any of our services,
All disclaimers of any kind (including in this agreement) are made for the benefit of Mabarrack Furniture and its directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers.
8. Use of Third-Party Services
10. Limitation of Liability
11. Your Status and the Order Process
By placing an order through the Website (“Available Now”), you warrant that You are legally capable of entering into binding contracts and that all of the information which You provide is true, accurate and up to date. You may check out without registering. After placing an Order, You will receive an e-mail acknowledging receipt of your Order and payment by the Platform. Please note that this does not mean that your Order has been accepted. Your order constitutes an offer to Us to buy a Product. The email also includes contact information for the store, who will proceed with the sale. The store will be in immediate contact, answer any questions, if any, and proceed with the sale. All Orders are subject to availability and subject to Our acceptance. The store will send You a confirmation email, confirming the product availability, functional checks and estimated time of delivery. While it is Our practice to confirm Orders by email, the receipt of an email Order confirmation does not constitute Our acceptance of an Order or Our confirmation of an offer to sell a product or service. The email Order confirmation will state the order confirmation with all the elements of the agreement (Product/s, prices, delivery dates, shipping costs, …). Following the agreement between You and the store associated to the sale, the product will be delivered. Please consider that the Contract will relate only to those Products for which dispatch have been confirmed in the confirmation email from the store associated to the sale. We will not be obliged to supply any other products which may have been part of your Order until the dispatch of such products has been confirmed in a separate dispatch confirmation mail by the store associated to the sale. Custom orders must achieve a minimum AU$3k value to proceed and factory orders must meet a AU$1k value. Please consider that no modification (for example covering, colour or other details) of Order will be accepted after You receive the email Order Confirmation. All items are located at 723 Port Rd Woodville Park SA 5011
12. Description and Products Information
We try to show Products on the Website as accurately as possible. Despite this, slight variations may occur. Due to the unique, handmade nature of Our Products there might be slight variations. No responsibility can be accepted for these variations. These could include, but are not limited to, slight differences in texture/wood type or colour, shades of fabric or dimensions of Products. Whilst every effort will be made at time of purchase to colour match Products (where more than one item in a range is ordered) we cannot be held responsible or guarantee there will not be minor variations in finish and colour. We reserve the possibility of structural or formal variations of the products and / or their prices. Technical and functional features of the Product/s published and contained in this Website to illustrate Product/s, are those indicated by Us. We are not liable for the completeness of the information. It is Your responsibility to check carefully that the Products You have ordered will fit into Your home. You should measure any doorways, corridors or staircases the Product will have to pass through, including space for manoeuvring and turning.
13. Price and Payment
The price of any Products will be as quoted on the Website and will include GST but exclude delivery costs. Prices are liable to change at any time, but changes will not affect Orders in respect of which We have already sent You a Factory Schedule Confirmation. Some of the Products listed on the Website may be incorrectly priced. We will normally verify prices so that, where a Product’s correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to You. If a Product’s correct price is higher than the price stated on the Website, We will normally, at Our discretion, either contact You for instructions as to whether You wish to reconfirm the Order at the correct price before dispatching the Product, or reject Your order and notify You of such rejection. We are under no obligation to provide the Product to You at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as a mis-pricing.
Payment for Products can be made by credit/debit card/ funds transfer or any other method as suggested on the Website. Credit card use may incur a 2% surcharge On the balance Amount.
14. Electronic Signature
The “approval click” constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature.
We may remove the Website or cease the provision of the Website or any features or functions of the Website at any time in Our sole discretion for any reason whatsoever.