Terms and Conditions

These are the terms and conditions of Merry & Bright Pty Ltd. These terms apply to the ordering, purchase and delivery of goods via this website as well as from us at stalls and markets. By using this website and making a purchase either online or in person, you accept these terms and conditions (“Agreement”) and our privacy policy. This Agreement is between you and Merry & Bright 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 and making a purchase either online or in person, you agree to be bound by the changes, which will apply immediately from the date of posting. 

1.   Access and use of website

1.1   To register an account or to use the website you must be at least 18 years old.

1.2   You must only use the website through the interfaces provided by us and in accordance with these terms and any applicable law.

1.3   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 website linked to or from our website.

1.4   You must not (or attempt to):

a)   interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our website or the servers or networks that host our website;

b)   use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our website;

c)   interfere (or attempt to interfere) with security related or other features on our website; or

d)   use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

2.   Registration

2.1   You must be a registered member to access some features of this website or our services. When you register, you will provide us with personal information. You must ensure this information is accurate and current.

2.2   By using the website, 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.

2.3   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).

2.4   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.

3.   Guest checkout

3.1   You can make purchases on our website without creating an account by using our Guest Checkout.

3.2   When you use Guest Checkout, we will collect any personal information you provide in accordance with our privacy policy.

4.   Accuracy of product descriptions

4.1   We try to ensure that information provided through this website is accurate and current. However, we cannot guarantee the accuracy, adequacy, completeness of information on this website or that it is up to date. For example:

a)   Prices and colours of products may change, and all products are subject to availability;

b)   Variations to products may occur from time to time for various reasons including changes in ranges or product specifications;

c)   While we try to represent products (including colours) accurately, the representation on your screen may be different to the actual product;

d)   Descriptions of products are summaries only. Further information is available on request;

e)   We may withdraw any product from sale for any reason, however, that product might still appear on our website for a period of time after that withdrawal; and

f)   Due to technical or human error, information may be recorded incorrectly or omitted.

4.2   We may provide updates on item availability on the Stock Update page on this website. However, we make no representation that a product shown on our website will be available for purchase.

5. Placing orders

5.1   You are responsible for any discrepancies or errors in your order caused by you.

5.2   The promotion of goods or services on the website does not constitute an offer to sell.

5.3   Orders placed by you are offers to purchase goods under the terms and conditions set out in this document at the price specified (including delivery and other charges).

5.4   Goods sold by us are not reserved in-cart, and an order is only finalised when you have completed the checkout process and received an order confirmation from us and payment is received in full.

5.5   Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where 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.

5.6   You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it.

5.7   In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

5.8   We reserve the right to notify you that goods for which you have placed an order has become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund in the event we cannot fulfil your order.

6.   Placing a pre-order

6.1   Pre-released orders (“Pre-orders”) are orders for goods that are not yet available for general sale, but can be pre-purchased from us prior to their arrival.  Pre-orders are sold on a first come, first served basis.

6.2   When you place a Pre-order you will need to pay the full upfront price of the goods.

6.3   Pre-orders are particularly important for limited release items, as sometimes we may presell out of an item, so pre-ordering will be the only way to ensure you can buy that item.

6.4   You can tell if an item is a pre-order item by looking on the Stock Update page on this website. It is your responsibility to check these updates on a regular basis.

6.5   Estimated times of arrival are subject to change and beyond our control as we rely on others to provide the goods. Please keep this in mind if you are ordering for a particular date or occasion, as we cannot guarantee it will arrive on time.

6.6   Orders for Pre-order items must be placed separately to in-stock items. We will ship the in-stock items as quickly as possible, without you needing to wait for the Pre-order items. Pre-order items will be shipped to you separately, later on, when those items physically arrive in stock. Each order will incur its own shipping charges which will be made available to you at checkout.

7.   Price

7.1   The prices of goods, delivery and other charges are shown in Australian dollars and are inclusive of GST.

7.2   All payments must be received in full prior to dispatch of goods. If your payment is not received or is declined by your bank or credit card issuer, we cannot hold items against your order.

7.3   Prices are subject to change without notice. If there is a pricing mistake on our website, we are not obliged to honour such price, and will contact you prior to processing your order.

8.   Promotions

8.1   We may, from time to time, run promotions on our website and social media channels which may apply in respect of any, or certain specified, purchases made through our website. These promotions are subject to both these terms and any additional promotion-specific terms which are incorporated into these terms by reference. You should ensure that you read any specific terms that apply to each promotion.

Free shipping offer:

a) Offer available across all payment methods;

b) Unique promo code must be added at checkout;

c) For a limited time only;

d) This offer does not apply to large and bulky items or special orders.

Black Friday offer:

a) Offer available across all payment methods;

b) For a limited time only;

c) Orders made prior to sale are not negotiable for a percentage of a refund once a sale commences. No exchanges, no exceptions.

d) All sales are final. Sale items are not eligible for returns, exchanges, refunds, store credits, or additional price reductions. 

e) Once your order has been placed, we are no longer able to request a cancellation or amendment.

f) This offer excludes selected styles, this offer does not apply to bulky items or special orders.

 

9.   Gift Cards

9.1   Gift cards will be physical. They are not redeemable for cash. No change will be given for a purchase made for a gift card. The gift card expires three (3) years from the date of issue. Gift cards are partially redeemable, and it is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the gift card expires. When the cost of a purchase exceeds the available card balance, the cardholder will be required to make up the difference with an alternate form of payment. Gift cards should be treated like cash. We are not responsible for lost or stolen cards.

10.   Shipping and delivery

10.1   Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.

10.2   Orders are dispatched Monday to Friday, unless otherwise stated on your order confirmation. Your order will be dispatched within two (2) days of us receiving clear payment for your order.

10.3   We will use reasonable endeavours to meet stated timeframes for delivery, however, from time to time, particularly during busy periods, our shipping service providers (including Australia Post and DHL) may suffer delays beyond our control.

10.4   Standard and express post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) are subject to additional charges. All shipping fees and charges are automatically calculated and added to your order at checkout.

10.5   Express shipping is available only in certain areas and for certain orders, and your eligibility will be confirmed at checkout.

10.6   Where shipping is a signature required service, this means that the courier will require you to be present to sign for your package. If you are not home, your package will be redirected to the closest post office for pick up - you will be required to show your identification upon pick up. You will be left with a card in most cases with this information.

10.7   Where shipping is a no signature required service, this means that the courier will generally leave your order at the front door or letterbox.

10.8   Quality checks are done on all goods before they are packed and shipped. Once the parcel has left out store for delivery to your shipping address, we take no responsibility for any damage or theft that may occur. Goods are shipped without insurance. However, insurance can be organised on your express request with all resulting costs to be paid by you.

10.9   If you will not be present to accept your delivery or feel that your address is unable to have a parcel left unattended, we recommend choosing an address at which someone will be present.

10.10   For international customers, please contact us at info@merryandbright.com.au before placing an order to arrange shipping as this is done on a case-by-case basis. 

11.   Change of mind returns

11.1   We do not allow for change of mind returns.

 12.   Problems with goods

12.1   If you have a problem with your goods please contact us at info@merryandbright.com.au. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.

12.2   Once an item is returned, we will either inspect your goods and investigate any claimed defect or, in some cases, send the goods to third parties for assessment and/or repair. Where applicable, we will provide a remedy in relation to your goods.

12.3   If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with any instructions, used in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.

12.4   Refunds will be issued using the payment method used for the purchase.

 13.   Disclaimer and liability

13.1   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:

a)   errors, mistakes or inaccuracies on the website;

b)   you acting or not acting on any information contained on or referred to on the website and/or any linked website;

c)   personal injury or property damage of any nature resulting from your access to or use of the website;

d)   any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on these servers;

e)   any interruption or cessation of transmission to or from our website;

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

g)   the quality of any product or service of any linked sites.

13.2   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.

13.3   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 document (however arising, including negligence). 

14.   Indemnity

14.1   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 these Terms.

 15.   Privacy policy

15.1   We are committed to protecting your personal information. Please refer to our privacy policy which describes how we collect and manage your personal information. By agreeing to and accepting these terms, you also agree to and accept the terms of our privacy policy. 

 16.   Links

16.1   Our website may provide links to other websites. This is done for your convenience only. We take no responsibility for the accuracy or currency of the information on those sites. We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as an endorsement. 

 17.   Intellectual property rights

17.1   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 on or used in the website is either owned, controlled or licensed to us, 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 this Agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.

17.2   Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of those third parties.

 18.   Termination or suspension

18.1   We may at any time and without notice to you:

a)   Change the format and content of this website;

b)   Stop providing, suspend or restrict your access to this website if you do not comply with any obligations you have with us (whether under these Terms or otherwise); and

c)   Stop providing or suspend the operation of this website (either in whole or in part).

18.2   No such action on our part will affect any of our rights or your responsibilities under these Terms.

 19.   Assignment

19.1   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, 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. We shall be entitled to assign the benefit of any agreements we have with you to the third party. 

 20.   General

20.1   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.

20.2   This Agreement shall be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.

20.3   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.

20.4   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.

 21.   Feedback

21.1   We value and welcome your feedback, comments and suggestions. If you have any feedback, comments or suggestions, please contact us at info@merryandbright.com.au.