Terms of Sale
About
This website at https://www.meeagency.com.au/ (“Site”) includes an ecommerce function where you can browse, select and order merchandise advertised, displayed or sold (Merchandise) by MEE AGENCY PTY LTD. (ACN 680 886 873) (“MEE”).
Please read these terms of sale before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
Your access to and use of the Site, including your order of Merchandise through the Site, is subject to these terms of sale.
Please refer to our Shipping, Returns and Privacy Policies and the Website Terms of Use on our Site, all of which form a part of these terms of sale.
You agree to bound by, and comply with, these terms of sale by either using the Site, completing your registration through the Site and/or obtaining or ordering Merchandise from the Site.
If you have an order that has been accepted by us, the terms of sale that will apply to that order are the terms of sale that applied at the time you placed your order.
Until the time when we accept an order, we reserve the right to reject or refuse the order, and you have the right to cancel the order.
After the order has been accepted, we reserve the right to cancel your order (for instance if there is an issue with supply). We will inform you of said issue and provide a full refund should such occur.
Despite the preceding paragraph, we may change these terms of sale at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms of sale have been modified, you agree to be bound by the changes to these terms of sale.
Your acknowledgements and obligations
You agree, covenant and warrant that:
we are fully released and indemnified by you in relation to your purchased Merchandise;
you accept and agree that it is not our obligation to consider whether your selected Merchandise are correct or appropriate to you;
all goods ordered and purchased from the Site are intended for personal non-commercial use only;
all information and data provided by you to us through the Site (including as part of the customer registration process and your address details) or otherwise is true, accurate, complete and up to date;
the person receiving the Merchandise at the delivery address is authorised by you to do so;
we are not bound by the delivery dates provided and these are indicative only;
you have complied and will comply with all relevant laws relating to your use of the Site and your placement of any order;
you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
you are responsible for any costs associated with your access to or use of the Site, including Internet access fees.
Our sales
Our Merchandise is available for customers in Australia only and is not available for re-sale.
You may order Merchandise by selecting and submitting your order through the Site in accordance with these terms of sale. Any order placed through the Site for Merchandise is an offer by you to purchase the particular Merchandise for the price notified (including the delivery and other charges and taxes) at the time you place the order.
We may restrict the quantity of Merchandise which can be purchased in one order/transaction, or by one person, household or address during a particular period of time. Any quantity restrictions will be stated on the online product page, in advertising materials or otherwise advised by us.
We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Merchandise is not available, if there is an error in the price or the Merchandise description posted on the Site or order or if we deem the order to be in violation of the Merchandise quantity restrictions.
The prices of Merchandise and delivery and other charges displayed on the Site are current at the time of issue. We reserve the right to change prices at any time before we accept an order from you. All prices shown on the Site are in Australian Dollars (AUD). All fees and charges identified in these terms of sale and all prices for the Merchandise as shown on the Site are inclusive of GST where applicable (unless otherwise indicated).
We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable): the purchase price of each piece of Merchandise that is ordered, the delivery fee for delivering the Merchandise to you any other fees and charges set out in these terms of sale.
Warranty and Liability
MEE accepts liability for all legal guarantees and warranties expressed or implied under the Competition and Consumer Act 2010 (Cth) and any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
However, where we are permitted by law, our maximum liability to you in connection with the Merchandise will be to only to replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
Where we are permitted by law (and subject to the previous paragraph):
we do not warrant or represent the suitability of the Site or Merchandise for any purpose; and
we will not be liable to you for indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Merchandise.
Our liability to you for loss or damage of any kind arising out of these terms of sale or in connection with the relationship established by them is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms of sale is intended to exclude the operation of any provision of the Competition and Consumer Act 2010 (Cth) or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) which may not be excluded by law.
General Provisions
If the whole or any part of a provision of these terms of sale is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms of sale has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these terms of sale or is contrary to public policy.
These terms of sale are governed by the laws of Victoria, Australia. MEE and you submit to the non-exclusive jurisdiction of the courts of that place.