USER AGREEMENT
Thank you for visiting the Happy Mart website, our App and mobile site and our social media pages ("Website") which are operated by Merry Mart Pty Ltd ABN 63645899832 (“Merry Mart”).
The Website 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.
ACCESS AND USE OF THE WEBSITE
Access to and use of the Website is provided strictly subject to these terms and conditions. These terms and conditions (the "Website Terms") constitute a binding agreement between you and Merry Mart. Please read these Website Terms carefully before using the Site. Your dealings with Merry Mart and your use of the Website is also governed by our Privacy Policy. You must not use the Website if you do not agree to be bound by these Website Terms.
By continuing to use the Website, you agree to be bound by the changes.
Except as otherwise expressly stated on the Website and to the full extent permitted by law, the Website and all information contained within it regarding or relating to Merry Mart and its related entities, products and services is provided "as is" and on an "as available" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied.
Features of products described or depicted on the Website are approximate only and subject to change without notice. To the full extent permitted by law, a reference to products on the Website is not and does not imply, a warranty, representation or guarantee that the products will be available at any time in your locality.
Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes and may not be an exact representation of the product or service received.
PRODUCTS AND PRICES
Unless stated otherwise, all prices shown on the Website, in brochures or other communications from Merry Mart are in Australian dollars and inclusive of GST. Promotional offers and prices are as stated, with no further discounts available unless otherwise stated.
By displaying products and prices on the Website, Merry Mart is not making any offers.
Merry Mart will endeavour to ensure all prices shown on the Website, in any Merry Mart, brochures or other communications are correct, for the specified period, at time of uploading but prices are valid only while stocks last and are subject to change without notice to you. Subject to availability of stock and the terms of any promotions, specials, offers, clearances or discounts offered, we will honour any price advertised on the Website, in Merry Mart brochures or other communications during the specified validity period. Despite our careful planning, selected items may sell out due to high demand. Merry Mart reserve the right to limit purchases to reasonable quantities.
Merry Mart reserve the right to correct any errors or misprints and take no responsibility if products are unavailable from any Merry Mart locations.
DELIVERY TERMS
Merry Mart Pty Ltd ABN 63645899832 (“Merry Mart”), trading as Happy Mart, deliver purchases within Metropolitan Melbourne, Same City or National shipping addresses.
A $10 delivery charge for purchases with Metropolitan Melbourne, Same City or National shipping addresses applies, regardless of how much you spend.
Same City or National shipping addresses are defined as per Sendle National Flat Rates at link.
Heavy orders (25 kg and above) will incur additional costs. Costs will be calculated at check-out.
LIABILITY
To the extent permitted by law, and except for any terms, conditions, guarantees and warranties implied by law which cannot be excluded, neither Merry Mart nor any party involved in creating, producing or delivering the Website makes any representation, warranty or gives any guarantee regarding, nor accepts any liability for the accuracy, timeliness or completeness of, the information contained on the Website or any responsibility for:
- any errors or omissions in the content on the Website whether Merry Mart is aware of such errors or omissions;
- nor the availability, performance, characteristics or operation of the products supplied through or shown on the Website,
- nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, or profit, or loss or corruption of data that was not reasonably foreseeable to both parties at the time of entry into these Website Terms howsoever caused (including arising out of your access to, or use of, or inability to use or access the Website), and whether arising in negligence, tort or contract.
Merry Mart does not guarantee the availability, performance, security, characteristics or operation of the Website and that the functions contained on the Website will be uninterrupted or error free including as to whether the Website or its server is free of computer viruses, bugs or other harmful components or that defects will be corrected even if Merry Mart is aware of them.
Under the Australian Consumer Law, our products supplied to you come with guarantees that cannot be excluded 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 products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. Merry Mart does not seek to exclude, restrict or modify these or other guarantees or rights which cannot be excluded by law but, to the extent permitted by law, excludes all other representations, warranties and guarantees.
MATTERS OUTSIDE OUR CONTROL
Merry Mart will not be responsible or liable for failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, acts of God, natural disasters, floods, fire, explosions, wars, internet or communications outages or failures, industrial disputes or strikes.
TERMINATION
Merry Mart reserve the right to restrict, suspend or terminate your access to the Website or any of its features or part thereof at any time. You may cease to use the Website at any time in your absolute discretion. Any indemnities given by you and limitations on Merry Mart' liability will survive such termination. Any termination of your right to use or access any part of the Website will not affect any rights which have accrued to or have been accrued by either you or Merry Mart prior to termination.
MODIFICATION OF WEBSITE TERMS
Merry Mart reserves the right to change, modify, add or remove sections of the Website Terms and to add to, change or discontinue the products, services, programs and information contained in, or any other aspect of, the Website at any time. Merry Mart will notify you of such changes by posting an updated version of these Website Terms on the Website. You should regularly check these Website Terms displayed on the Website. Such modifications will be binding upon you once displayed on the Website.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all materials on the Website are protected as copyright, trade names, trade marks or are other intellectual property owned by Merry Mart and/or its related entities or by other parties that have licensed their material to Merry Mart or which Merry Mart is entitled to use to describe the products shown ("Intellectual Property Rights"). Other than viewing and downloading content from the Website for purposes expressly permitted by these Website Terms, you do not have the right to use these Intellectual Property Rights without the written permission of their owner. You agree that you will not use the Website for any unlawful purpose or violate or attempt to violate the security of the Website.
All rights not expressly granted are reserved.
USE OF THE WEBSITE
The use of the materials on the Website is only for informational purposes and purposes related to your shopping at Merry Mart and use of Merry Mart' services. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of the Website in any way.
You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
You must not:
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
- interfere (or attempt to interfere) with security-related or other features of our site; or
- use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
- access the Website through any automated means (including, without limitation, through the use of scripts or web crawlers);
- infringe the intellectual property rights of Merry Mart or others;
- impersonate or falsely state or misrepresent an affiliation with Merry Mart;
- use the Website or any information contained on the Website in connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any similar activity; or
- sell, resell, reproduce, duplicate, trade or exploit, for any purpose, any portion of, use of or access to, data on the Website.
Automated access to the site by or on behalf of internet search engines is permitted.
You agree to indemnify and hold harmless Merry Mart, its partners, officers, employees, agents, licensors, suppliers, attorneys and all other persons providing information harmless from and against all liability, damage, loss, costs, fees (including reasonable attorney's fees) arising out of or in connection with any violation of these Website Terms and any and all unauthorised use you may make of any materials on the Website. You acknowledge the unauthorised use of content on the Website could cause irreparable harm to Merry Mart and that in the event of unauthorised use, Merry Mart shall be entitled to an injunction in addition to any other remedies available at law or in equity.
LINKS TO EXTERNAL SITES
Some links on the Website may allow you to connect with sites that are not under our control. Merry Mart is providing these links only as a convenience. The appearance of a link does not imply Merry Mart' endorsement, nor is Merry Mart responsible for the contents of any linked site. You access them at your own risk. To the full extent permitted by law and subject to any non-excludable rights, Merry Mart disclaims all warranties, representations and guarantees express and implied, as to the accuracy, value, legality or otherwise for any materials or information contained on such sites.
You should carefully review the terms of use and privacy policies of all external websites that you visit.
For an explanation of Merry Mart' own practices and policies related to the collection, use and storage of our online guests' information please read our Privacy Policy.
DIRECT MARKETING
Unless you tell Merry Mart otherwise, Merry Mart may use your personal information that you provide to Merry Mart to provide information to you about products and services that Merry Mart may offer from time to time.
If you do not want your personal information to be used in this way, you can tell Merry Mart not to by contacting us
Please see our Privacy Policy for more information about how Merry Mart and its service providers use your personal information.
ASSIGNMENT
Merry Mart can transfer its rights and obligations under these Website Terms to any third party provided this does not affect your rights under these Website Terms in a negative way.
These Website Terms are personal to you. You may not transfer your rights or obligations under these Website Terms to anyone else.
GOVERNING LAW
These Website Terms will be governed by the laws of Victoria, Australia, and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. If any of the Website Terms are found to be unenforceable under Victorian law, this will not affect the remainder of these Website Terms.