Terms
This website is operated by Mette Collections Pty Ltd (Mette). By visiting our site and/or purchasing something from us, you agree to be bound by our Terms & Conditions. We may update this agreement from time-to-time, so we encourage you to review it regularly. These Terms were last updated on 22 April, 2020.
General
1. This website is operated by Mette Collections Pty Ltd (Mette). Mette offers this website, including all information, tools and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, and in any other policies referenced here or otherwise listed on our website.
2. By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”, this Agreement), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
3. Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services. If these terms are considered an offer, acceptance is expressly limited to these Terms & Conditions.
4. Any new features or tools that are added to the store in the future shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
5. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Stock availability, product features, and gift cards
6. Our products (or "goods") are available exclusively online, some only in limited quantities. Refer further to our Shipping & Returns policy for further information regarding stock availability.
7. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.
8. All descriptions of products are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site, www.mettecollections.com.au is void where prohibited.
9. We have made every effort to display as accurately as possible the colours and images of our products listed at www.mettecollections.com.au. However, we cannot guarantee that your computer monitor’s display of any colour will be accurate.
10. Due to the handcrafted nature of many of our pieces, slight differences and imperfections may occur in the craft. You acknowledge that this does not constitute a defect. In such cases, goods are individually handmade and no two are the same. Advertised samples are indicative only.
11. We do not warrant that the quality of any products purchased or obtained by you will meet your expectations.
12. We offer Mette Collections gift cards (Gift Cards) for purchase in a range of denominations. Gift Cards are delivered by email, containing instructions for redemption at checkout. Ensuring correct recipient email details is the full responsibility of the purchaser. Mette will take no responsibility for incorrect email details. Gift Cards are redeemable on any Mette Collections' product available on our website. Gift Cards are neither transferable, nor redeemable for cash. Resale of Mette Collections Gift Cards is strictly prohibited. Gift Cards are valid for three years from the date of purchase.
Orders, pricing and payment
13. Any product advertised by Mette is an invitation to treat only and is subject to you offering to purchase goods from Mette. The parties agree that any order submitted at www.mettecollections.com.au will be deemed to be subject to these Terms & Conditions, and any associated policies referenced throughout this Agreement, even if they are not expressly referred to in the purchase order or quote. Mette reserves an absolute discretion to accept or reject any orders received.
14. A binding contract of sale for the particular goods or services arises once a relevant order is received by Mette and Mette has confirmed its acceptance in writing, issues a receipt of payment for the goods or otherwise provides you with the relevant goods or services. It is your responsibility to provide Mette with any specific requirements in relation to the goods that you require.
15. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product line or our services.
16. All advertised prices are inclusive of the goods and services tax (GST) and any import duties and taxes for Australian customers.
17. For shipments to New Zealand, additional import duties & taxes may be required. Refer to our Shipping & Returns policy, available at www. mettecollections.com.au, for full details.
18. Advertised prices are not inclusive of shipping costs within Australia or to New Zealand. Shipping costs are calculated at checkout. Refer to our full Shipping & Returns policy available at www.mettecollections.com.au.
19. All orders are payable in full, including clearing of funds prior to shipment. Mette is not obliged to deliver and/or process any order and/or deliver goods whilst any payment due to Mette on any account is in arrears. You will have no claim against Mette for any delay or other consequences arising from the application of this provision.
Delivery, cancellation and returns
20. For information regarding delivery, cancellations and returns, refer to our Shipping & Returns policy available at www.mettecollections.com.au.
Intellectual property
21. Mette’s goods (including their associated manuals, guidelines, specifications and drawings) incorporate its copyright, patents, designs and trademark rights, which remain either Mette’s and/or any of its brand Partners’ absolute property. You acknowledge that you have no proprietary right or interest in the intellectual property relating to any of the goods (including their associated manuals, guidelines, specifications and drawings).
22. You must not attempt to register or record any of the intellectual property in respect of the goods or any part thereof or any patents, inventions, trademarks or designs derived from or substantially similar to the intellectual property in respect of the goods or aid or abet anyone else in doing so. You must not copy, create, sell, manufacture, reverse engineer, publish or process any goods using or taking advantage of the intellectual property in respect of the goods. Any intellectual property related documents provided to you by Mette must be returned to Mette on demand and must not be copied or communicated to any third party without the express written consent of Mette.
No reliance
23. You acknowledge and agree that you have not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance, provided by Mette in relation to any goods purchased, or their use, installation or application.
24. You have the sole responsibility of satisfying yourself that the goods are suitable for any contemplated use, whether or not such use is known by Mette. If any comments are provided by Mette or its brand partners in relation to use, purpose, installation or application, such comments are merely general in nature and must not be relied upon. Mette does not hold itself out as having any special skills, expertise, knowledge in relation to such matters. Instead, you must form (and solely rely upon) your own views and obtain your own independent advice as need arises.
25. Any description of the goods provided in an advertisement or invoice is given by way of identification only and the use of such description does not constitute a contract of sale by description or a warranty as to suitability or fitness for purpose.
Limitation of liability
26. To the maximum extent permitted by law, all terms, conditions, warranties, representations, guarantees, undertakings, duties (including negligence), promises and assurances in favour of you (whether arising in tort, contract, equity or statute) whether in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, installation, manufacture, design or performance of any goods or in relation to any other matters, not expressly set out in these Terms & Conditions are excluded. Without limiting any of the foregoing, the parties hereby exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (as adopted at Vienna).
27. To the extent that any terms, conditions, warranties, representations, guarantees, undertakings, duties, promises, indemnities or assurances in favour of you are implied or otherwise apply by virtue of statute and cannot be excluded, restricted or modified, then to the maximum extent permitted by law, Mette’s liability for failure to comply with any of those terms, conditions, warranties, representations, guarantees, undertakings, duties, promises or assurances or Mette’s liability under any such indemnities is limited (at the election of Mette) to one or more of the following in relation to goods:
a. refund of your payment; or
b. the replacement of the goods, if stock is available.
28. To the maximum extent permitted by law, Mette is not liable for any indirect or consequential losses, damages or expenses, downtime, increased running costs, wasted resources, replacement equipment or hiring fees, removal and reinstallation costs, death or personal injury, damage to property, loss of turnover, loss of profits, business interruption costs, loss of opportunity, loss of business or goodwill or any liability to or claims by any other person. Except to the extent of Mette’s liability under these Terms & Conditions, you indemnify Mette against any and all loss, damage, costs, expenses, demands, liabilities and claims arising from or in connection with the goods.
Risk
29. All risk in goods purchased passes to you upon delivery of the goods by Mette and its delivery partners.
30. For the avoidance of doubt, Mette is responsible for any damage incurred during shipping and will purchase shipping insurance in this regard. This does not include insurance for products returned to Mette as a result of ‘change of mind’. Refer further to our Shipping & Returns policy available at www.mettecollections.com.au.
User/Customer default
31. If you breach any of these Terms & Conditions, all costs and expenses (including legal costs on a full indemnity basis) of or incurred by Mette in connection with any enforcement action shall be payable by you on demand.
Miscellaneous
32. Mette offers a Referral Program to reward loyal customers. Once you have made your first purchase from our store, where the total value is $200 AUD or more, a pop-up notification will appear on your browser with a unique Referral Link. Share the Referral Link with your friends (your Referred Friends) and when they register using the Referral Link, a $20 AUD discount will be immediately applied to their first order, where the total value is $200 AUD or more (Referred Friend Purchase). If one of your Referred Friends makes a Referred Friend Purchase with us, a $20 AUD discount will be applied to your next order (where the total value is $200 AUD or more). You can engage up to a maximum of 1,000 Referred Friends.
Mette reserves the right to vary the terms of the Referral Program at any time, including removal of the Referral Program and any existing Referral Links.
33. Mette reserves the right to vary these Terms & Conditions from time to time. Mette must give you notice of any variation pursuant to this paragraph or must otherwise make the revised Terms & Conditions publicly available on its website (with or without specifically notifying you). Variations will take effect from the date so notified or published on Mette’s website.
34. No failure or omission by Mette to carry out or observe any of these Terms & Conditions will, except as provided to the contrary in these Terms & Conditions, give rise to a claim against Mette or be deemed to be a breach of these Terms & Conditions to the extent that and for so long as such failure or omission arises from any event reasonably beyond the control of Mette and which occurs without the fault or negligence on behalf of Mette (Force Majeure Event). Mette must promptly notify you of the occurrence of the Force Majeure event and take all reasonable steps to overcome or address the Force Majeure Event so as to resume normal performance of its obligations as soon as possible.
35. Any amounts that you owe to Mette may be set-off by Mette against any amounts owing by Mette to you.
36. You must not assign any of your rights under these Terms & Conditions or any order without the prior written consent of Mette. Mette may assign or novate its rights and obligations under these Terms & Conditions and any order to any of its related entities (as defined in the Corporations Act) or to a bona fide purchaser of the whole or a substantial part of its business. Mette may also assign to any person any debts owing to it by you. Mette may do so without your consent.
37. The rights, powers and remedies of Mette provided for by these Terms & Conditions are in addition to and without prejudice to or derogation from any other rights, powers or remedies of Mette whether under these Terms & Conditions or otherwise.
38. These Terms & Conditions and the orders to which they apply will be governed and construed in accordance with the laws of the State of Victoria, Australia. The parties irrevocably agree that the courts of Victoria, Australia shall have exclusive jurisdiction to hear and determine any disputes which may arise out of or in connection with these Terms & Conditions and the orders to which they apply, including disputes about formation, validity, interpretation or termination and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Victoria, Australia to determine any such disputes according to Victorian law.
