TERMS AND CONDITIONS
www.milanbay.com.au is a website operated by Milan Bay Pty Limited (ABN 63 614 769 069) of 8 Guthrie Way, Truganina, Victoria 3029 ("we", "us" and "our").
Our website includes Products available for purchase from various sellers (“Sellers”). If you place an order for a Product on our website (a “Product”), you are placing any order with the Seller of the Product, and may not be us. We make the Products available for purchase (including by taking orders and collecting payment) as the agent of the Seller, and not on our own behalf.
When you place an order to purchase a Product via this Website, you are making an offer directly to the Seller. No order shall be deemed to be accepted by the Seller until we (acting as the agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.
If a Seller accepts your order for the purchase of a Product, then an agreement is formed between you and the Seller and you have rights directly and only against the Seller, and not us. We are not a party to that agreement.
If a Seller accepts your order for the purchase of a Product, then the following terms apply to the agreement with the Seller relating to that purchase.
(a) You agree to pay the purchase price specified on the website at the time that you place your order for the purchase of a Product, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping and any insurance charges will be separately shown.
(b) If the goods are being delivered outside of Australia, you must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (“Other Taxes”) imposed by any applicable government agency. The Seller is unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the country that the Products are to be shipped to if you are unsure whether any Other Taxes will apply.
(c) You must pay for the Product online by credit card or PayPal account. Your payment will be processed upon receipt of your order. The credit cards that are accepted from time to time will be described on the website. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be described on the website.
2. Cancellation of orders
(a) The Seller may cancel an order that it has already accepted if the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
(b) While the Seller endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and the Seller may also cancel an order that it has accepted in such circumstances.
(c) Unforeseen supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in shipping your order the Seller will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Seller ships the Product to you.
(d) You may also cancel an order if the Seller is in breach of these terms.
(a) The Seller will normally ship the Product within 2 Business Days of Seller’s receipt of your order, unless otherwise noted in the Product description. Any delivery times displayed on the website are estimates only, based on the information provided to the Seller by its shipping company.
(b) The Seller will deliver the Product to the place of delivery you specify when making your order. Title to and risk in the Product will pass to you upon delivery of the Product to this place of delivery.
You can return or exchange any item, for any reason, within 30 days of receipt.*
If the item you wish to return is faulty, we will require either photo proof of the faulty item or provide you with a stamped, self-addressed post pack in which to return it to the appropriate seller. You will then be offered a replacement or repair of the faulty item or a full refund or store credit, whichever you prefer. Any refunds will be transferred back to the original payment method, eg. your credit card, PayPal account or store credit.
If you change your mind on a purchased item, you will be given a store credit to the same value once the item has been received by the appropriate seller, and any shipping costs incurred will not be refunded. Please ensure you use a trackable or signed-for delivery service such as registered post, as we cannot credit your account until the item has been received.
Please note: Store credits are valid for 1 year from the date of issue, unless specified otherwise.
You can only exchange items from the same seller to the same or lower value than your original purchase. Please contact our customer service team for the seller's address details and ensure to include a stamped, self-addressed post pack with your return for the seller to post the exchange item.
*Items that cannot be exchanged or refunded for change of mind include: milanbay gift vouchers (please refer to clause 5), personalised products, made-to-order furniture, underwear, earrings for pierced ears and food items that have been opened. All items being returned must be dispatched/shipped within 10 days of the return being approved, and must be in original condition and packaging and not affected by being used in an abnormal way, or reduced in value by delay on your part. If these requirements are not met, the seller reserves the right to deny a return.
If for any reason a product you have ordered is not available or out of stock, we will also refund you via PayPal or offer you a store credit to the same value, and in this case any shipping costs will be refunded.
Please note: We are unable to return or exchange an item that is not being returned or exchanged by the original purchaser.
5. Gift Vouchers
(a) Gift Vouchers can be redeemed at checkout. The value of a Gift Voucher will be issued as credit in your account.
(b) Gift Vouchers are valid for 1 year and cannot be returned or exchanged for cash.
(c) All returned items that were paid for with a Gift Voucher will be refunded as a store credit for you to use against a future purchase.
(d) If you return an item paid for by both a Gift Voucher and credit card or PayPal, you will be refunded on your credit card/PayPal up to the amount of your initial credit card/PayPal payment, and the remaining amount will be refunded as store credit.
(e) All Gift Vouchers are in Australian dollars.
6. milanbay rewards
(a) We may credit your milanbay account with a $ amount (“Reward Credit”) calculated by reference to a full-price purchase you have made on this Website. Such credit will only be available for a limited period and if not used prior to its expiry date it will be removed from your account. When you make a purchase that earns Reward Credit we will send you an email informing you of its value, its expiry date and any special terms of redemption. Your Reward Credit balance will appear in the My Store Credit section of your account.
(b) Reward Credit can only be earned on full-price purchases ie) purchases made without using any other credit, sale discount or promotional code.
(c) Subject to any special terms of redemption, Reward Credit can be applied toward the purchase of any Product from any Seller on this Website.
(d) If a Product purchased using Reward Credit is returned for a store credit, the value of that Reward Credit will be reinstated in your account.
(e) If a Product purchased using Reward Credit is returned for a refund, the value of that Reward Credit will be forfeited (except in the case of a return for a faulty item)
(f) Reward Credit cannot be sold or transferred and is not redeemable for cash.
(g) If we suspend or deny your access to all or any portion of this Website, all unused Reward Credit in your account will be cancelled.
7. Licence to use the content on this Website
(a) You acknowledge that this Website and all related content is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).
(b) We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes.
(c) We (or our licensors) retain all right, title, and interest in and to this Website and all related content, and nothing you do on or in relation to this Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.
(d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce this Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Website without notice.
8. General restrictions
(a) You must not disclose to any other person any user name and password that we give to you. We will assume that any use of this Website made using that user name and password is you, and you will be responsible for any such use, except where you have notified us under paragraph (b).
(b) You must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.
(c) In using this Website, you must not:
(i) provide us with inaccurate or incomplete information;
(ii) violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;
(iii) impersonate any person;
(iv) distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(v) collect or store personal data about other users of this Website; or
(vi) engage in any other conduct that inhibits any other person from using or enjoying this Website.
9. Information provided by Sellers
Some of the information on this Website is provided by our Sellers, including all of the information relating to the products that may be purchased from those Sellers. While we believe that our Sellers are reliable sources of this information, we cannot be responsible for such information.
10. Warranties and liability
(a) The Seller warrants that if any Product fails to comply with the following promises within 30 days of your receipt of the Product, you may return the Product to the Seller for a full refund or store credit as described in section 4 above:
(i) each Product will comply in all material respects with any descriptions given on this Website;
(ii) unless otherwise noted, where the Products are items of clothing they will be new and not second-hand; and
(iii) each Product will be in saleable condition (subject to any defects described on this Website prior to purchase).
In addition, if the Australian Consumer Law applies to the Seller’s sale of a Product to you, the Seller provides you with notice of the following guarantee 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.
(b) All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or a Product that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
(c) Nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the Australian Consumer Law, which (as described above) contains guarantees which operate to protect the purchasers of goods and services in various circumstances).
(d) If any guarantee term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and the Seller is able to limit your remedy for a breach of such a Non-Excludable Provision, then the Seller’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at the Seller’s option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of the Seller for all claims under or relating to these seller terms or a Product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:
(i) AUD$100; and
(ii) the amounts paid by you to the Seller as a result of the purchase of a Product.
In calculating the Seller’s aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by the Seller under any Non-Excludable Provision.
(f) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the Seller is not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(g) The Seller’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
11. Variation of this Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website (including the Sellers that may be included from time to time on this Website).
(a) Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
(b) If any part of these seller terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(c) These seller terms are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
(d) These seller terms constitute the entire agreement between the Seller and you in relation to the Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Seller and you in relation to the Products.
(e) Your purchase of the Products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any Product purchase, including by sending electronic notices.
(f) The provisions of these seller terms which by their nature survive termination or expiry of these seller terms will survive termination or expiry of these seller terms.
(g) The term “including” when used in these seller terms is not a term of limitation.