Terms and Conditions
In these terms and conditions, “we” “us” and “our” refers to Manila Grocers. Your access to and
use of all information on this website including purchase of our product/s is provided subject to
the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any
amendments will represent your agreement to be bound by these terms and conditions as
amended. We therefore recommend that each time you access our website you read these
terms and conditions.
Our Website Services
1. Our services are provided to adults over the age of eighteen (18) years. By
proceeding to purchase through our website, you acknowledge that you are over 18
years of age.
2. All prices are in Australian Dollars (AUD) and may include of GST. We endeavour to
ensure that our price list is current. Our price list can be accessed from our home
page and we reserve the right to amend our prices at any time. If you have placed
an order, we undertake to fulfil your order at the price listed at the time you ordered.
Product Description
3. We strive to ensure that our products are described as accurately as possible on our
website, however we do not warrant that the description is accurate. Where we become
aware of any misdescription, we reserve the right to correct any error or omission.
4. Images have been provided for illustrative purposes only and we do not guarantee
that any image will reproduce in true colour nor that any given image will reflect or
portray the full design or options relating to that product.
Product Orders
5. Our products are for sale to adults over the age of eighteen (18) years. By
proceeding to purchase through our website, you acknowledge that you are over 18
years of age.
6. We endeavour to ensure that our product list is current however we give no
undertaking as to the availability of any product advertised on our website.
7. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can
be accessed from our home page and we reserve the right to amend our prices at
any time.
8. Packaging and postage is an additional charge, calculated at time of purchase.
9. When you order from us, we require you to provide your name, address for delivery,
your email address, telephone contact and credit card details. We undertake to take
due care with this information; however, in providing us with such information you
accept that we are not liable for its misuse due to error in transmission or virus or
malware.
10. We undertake to accept or reject your order within 7 days. If we have not responded
to you within 7 days, your offer is deemed to be rejected. We are not required to give
reasons for rejecting your offer to purchase however the most likely reason for
rejecting your offer will be that we do not currently have that product in stock.
11. Delivery of your ordered product/s will be as set out on our website. Title in the
goods passes to you when we have received payment. Our terms of payment are
set out on the order page.
12. All risk of loss or damage to the goods passes to you when we despatch the goods.
Product Returns
13. We undertake to reimburse you for any product delivered to you that is faulty or is in
a damaged condition. If you wish to return a faulty or damaged product, you must
notify us through our designated “contact us” webpage where we set out our
requirements relating to return of such goods.
14. If we are unable at the time of return to replace or exchange returned goods, we
undertake to reimburse your credit card for the amount initially debited for the
purchase including packaging and postage charges.
Site Access
15. When you visit our website, we give you a limited licence to access and use our
information for personal use.
16. You are permitted to download a copy of the information on this website to your
computer for your personal use only provided that you do not delete or change any
copyright symbol, trademark or other proprietary notice. Your use of our content in
any other way infringes our intellectual property rights.
17. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to
copy, reproduce, republish, distribute or display any of the information on this website
without our prior written permission.
18. The licence to access and use the information on our website does not include the
right to use any data mining robots or other extraction tools. The licence also does
not permit you to metatag or mirror our website without our prior written permission.
We reserve the right to serve you with notice if we become aware of your metatag or
mirroring of our website.
Hyperlinks
19. This website may from time to time contain hyperlinks to other websites. Such links
are provided for convenience only and we take no responsibility for the content and
maintenance of or privacy compliance by any linked website. Any hyperlink on our
website to another website does not imply our endorsement, support, or sponsorship
of the operator of that website nor of the information and/or products which they
provide.
20. Linking our website is not permitted. We reserve the right to serve you with notice if
we become aware of such linking.
Intellectual Property Rights
21. The copyright to all content on this website including applets, graphics, images,
layouts, and text belongs to us or we have a licence to use those materials.
22. All trademarks, brands and logos generally identified either with the symbols TM or ®
which are used on this website are either owned by us or we have a licence to use
them. Your access to our website does not license you to use those marks in any
commercial way without our prior written permission.
Disclaimers
23. Whilst we have taken all due care in providing the information on our website, we do
not provide any warranty either express or implied including without limitation
warranties of title or implied warranties of merchantability or fitness for a particular
purpose.
24. To the extent permitted by law, any condition or warranty which would otherwise be
implied into these terms and conditions is excluded.
25. We also take all due care in ensuring that our website is free of any virus, worm,
Trojan horse and/or malware, however we are not responsible for any damage to
your computer system which arises in connection with your use of our website or any
linked website.
Statutory Guarantees and Warranties to Consumers
26. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a
consumer. Under the C&C Act we are a supplier of either goods or services or both
to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to
the Standard Terms and Conditions are: –
a. Schedule 2 of the C&C Act; and
b. those statutory guarantees, all of which are given by us to you if you are a
consumer.
27. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods
or services then we give you a warranty that at the time of supply of those goods or
services to you, if they are defective then:-
a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective.
28. As a consumer under the C&C Act you may be entitled to receive from us notices
under Schedule 2 section 103 of the C&C Act. In that regard: –
a. If you are a consumer within the meaning of Schedule 2 of the C&C Act
and the goods or services we are providing relate to the repair of consumer
goods then we will give you any notice which we are obliged to give you
under Schedule 2 section 103 of the C&C Act.
b. If we are a repairer of goods capable of retaining user-generated data,
then we hereby give you notice that the repair of those goods may result in
the loss of the data.
c. If we are a repairer and our practice is to supply refurbished goods as an
alternative to repairing your defective goods or to use refurbished parts in
the repair, then we give you notice that the goods presented by you to us
for repair may be replaced by refurbished goods of the same type rather
than being repaired. We also give you notice that we may use in the repair
of your goods, refurbished parts.
Limitation of Liability
29. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this
clause applies to you. If you are a consumer within the meaning of the C&C Act then
this clause has no effect whatsoever to in any way limit our liability or your rights. If
you are not a consumer: –
a. To the full extent permitted by law, our liability for breach of an implied
warranty or condition is limited to the supply of the services again or
payment of the costs of having those services supplied again.
b. We accept no liability for any loss whatsoever including consequential loss
suffered by you arising from services we have supplied.
c. We do not accept liability for anything contained in the post of a user or in
any form of communication which originates with a user and not with Us.
d. We do not participate in any way in the transactions between our users.
Indemnity
30. By accessing our website, you agree to indemnify and hold us harmless from all
claims, actions, damages, costs, and expenses including legal fees arising from or in
connection with your use of our website.
Force Majeure
31. If a Force Majeure event causing delay continues for more than 30, we may
terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means
any act, circumstance, or omission over which we could not reasonably have
exercised control.
Jurisdiction
32. These terms and conditions are to be governed by and construed in accordance with
the laws of Victoria and any claim made by either party against the other which in any
way arises out of these terms and conditions will be heard in Victoria and you agree
to submit to the jurisdiction of those Courts.
33. If any provision in these terms and conditions is invalid under any law the provision
will be limited, narrowed, construed, or altered as necessary to render it valid but only
to the extent necessary to achieve such validity. If necessary, the invalid provision
will be deleted from these terms and conditions and the remaining provisions will
remain in full force and effect.
Privacy
34. We undertake to take all due care with any information which you may provide to us
when accessing our website. However, we do not warrant and cannot ensure the
security of any information which you may provide to us. Information you transmit to
us is entirely at your own risk although we undertake to take reasonable steps to
preserve such informationin a secure manner.
35. Our compliance with privacy legislation is set out in our separate Privacy Policy which
may be accessed from our home page.