MAWDE’S TERMS OF SERVICE
WHO MAWDE IS (we, us, our)
This Website is proudly operated by MAWDE Pty Ltd (ABN 62 644 034 220)
Your Agreement (that’s you, your, Customer, User)
By using this Website (www.mawdelife.com) and any related Websites (Site, Sites), URLs, social media pages, handles, platforms owned or operated by us and our Services, including making a purchase through the Website(s) and use of our contact form (collectively, the Services), you are agreeing to follow and be legally bound by MAWDE’S Terms (Terms and Conditions, Terms).
By agreeing to these Terms, you’re entering into an agreement with MAWDE Pty Ltd (ACN 644 034 220) including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) and agree to comply with any and all applicable laws and regulations, whether domestic or international.
Use of Services
You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your internet connection are aware of and compliant with, these Terms. You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others. You agree that you will not in any way tamper with, or transmit any viruses, spamware, or equivalent, via the Website.
Details and Marketing Communications
When signing up with any MAWDE membership form, you expressly consent to MAWDE using your personal information, such as your email address, for Order confirmation, updates, and direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions, offers, promotions and partnership updates via email, SMS, social media or post. You may choose to opt out of receiving these direct marketing communications, and any variations to your communication preferences at any time. Due to the nature of such electronic communications, you agree that section 18(1) of the Spam Act 2003 (Cth) does not apply to such electronic communications.
To Order, access and use some of our Services, you may be required to create an account with MAWDE. You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password. If you’d like to amend your account details or delete your account, please email us at email@example.com
You agree that any User Content you provide to MAWDE to be made publicly accessible to third parties, including other users or visitors of the Services. You agree that MAWDE is not liable to you for the use or access of User Content by third parties.
MAWDE retains the right to screen and verify your identity or your business's identity (if applicable) in our sole discretion. You agree to submit to such screening and to provide to MAWDE at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, copies of photo identification (such as drivers licence and passport) or other identifying documentation. You understand that MAWDE may, in its absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, subscription or membership at any time, including if it is found that you have, or are suspected of, violating these Terms.
Orders and Cancellations
You agree that any purchase of Goods and Services through our Services (Goods) is subject to these Terms.
Placing an Order for the purchase of any Goods on the Website (Order) is accepted upon the latter of the following to occur:
- you have submitted your Order;
- you have paid the purchase Price in full, including any taxes, duties and shipping costs; and
- we have issued an Order confirmation.
By placing an Order, you are making an offer to purchase those Goods for the Price (including the delivery and other charges and taxes) specified at the time that you place your Order.
MAWDE reserves the right to:
- accept or reject your Order or a part of your Order for any reason, including, without limitation, the unavailability of any Goods, limitations on quantities available for purchase, inaccuracies or errors in Goods or pricing information, where fraud is suspected, or where there is an error in your Order;
- request identification from you, including photo ID or any other such documentation for verification purposes before we process your Order;
- cancel an Order at any time, for any reason; or
- restrict the quantity or total value of Goods available for purchase to each person or address.
Where we exercise the rights above, we will notify you by email and suggest an alternative Good(s), remove an item from an Order, or provide a refund of the purchase Price where applicable and MAWDE shall not be liable for any loss or damage whatsoever arising from such acts.
Once an Order has been placed it cannot be cancelled or amended, except as required by Australian Consumer Law. In the event that you are entitled to cancel an Order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by MAWDE as a direct result of the cancellation (including, but not limited to, any loss of profits).
While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, product images may vary from the delivered Goods depending on your monitor, settings and computer equipment. Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed Price. You must ensure that you carefully read the title and description before making a purchase.
All Orders are made subject to availability of Goods. While we use our best efforts to ensure that Goods are available for delivery, there may be some circumstances where Goods are unavailable. Where we cannot fulfil your Order, or a part of your Order, we will notify you within a reasonable time after you complete your Order. Please note that we may need to reject your Order or reject part of your Order on this basis. If your Order is rejected or cancelled, we will refund in-full all amounts you have paid in respect of such unavailable Goods. Alternatively, we may contact you to advise you of a delay in restocking a particular Good and a delay in delivery of your Order. In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order, or select an alternative Good. If you do not vary or cancel your Order within two (2) business days of notification, you are deemed to have accepted the delay.
Price and Payment
MAWDE reserves the right to vary, amend, add or remove payment methods, Prices or Goods offered in the Services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect Orders submitted before the change was made. Prices displayed in our Services are shown in the currency selected on the Website and are inclusive of GST, unless otherwise specified. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out. Prices of Goods, as well as delivery and any other charges displayed in our Services are current at the time of issue but may change at any time and are subject to availability.
You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any Goods and Services taxes or any value added tax imposed on any Goods or Services acquired or Ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase Price. Full payment for the purchase of Goods is required at the time of placing your Order, including the purchase Price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the complete check-out process. We will not accept any Orders which have not been paid for in full.
You must not pay, or attempt to pay, for an Order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we reserve the right to cancel the Order.
Returns and defective Goods will be handled in accordance with our Returns Policy.
Delivery and Shipping
Shipping and delivery will be handled in accordance with our Shipping page.
Any period or date for delivery of Goods stated by MAWDE is intended as an estimate only and is not a contractual commitment, and you agree that you will still accept delivery of the Goods even if they are delivered on a different date or time. MAWDE will use its best endeavours to meet any estimated delivery dates but will not be liable for any loss or damage suffered by you (the Customer) or any other person for failure to meet an estimated delivery date. However, if the Goods are not delivered within a reasonable time (7-10 business days) after the estimated date, please Contact Us by emailing firstname.lastname@example.org. MAWDE reserves the right to amend delivery methods without notice.
Delivery of the Goods (Delivery) is taken to occur at the time MAWDE delivers the Goods to your nominated address, even if you are not present at the address. You must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that you are unable to take delivery of the Goods as arranged, then MAWDE shall be entitled to charge a reasonable fee for redelivery and/or storage.
Promotions and Discounts
Promotions or discounts are subject to their own specific terms and conditions as provided by MAWDE from time to time. Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer.
We offer refunds or credit notes for full Priced products provided the garment is unworn, unwashed and has all original tags and packaging still intact. All sale items marked final sale will not be eligible for a refund unless deemed faulty.
MAWDE reserves the right to:
(a) terminate, modify or extend any promotional offer at any time, without notice; or
(b) cancel any Order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
Without prejudice to any other remedies, MAWDE may:
(a) cancel all or any part of any Order or suspend or terminate the supply of Goods to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
(b) terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any Orders placed prior to the date of termination, at our election, or
(c) suspend your access to the Websites.
If we cancel an Order and you are not in breach of these Terms we will issue you with a full refund of the purchase Price of any Goods paid for, but not supplied. To the maximum extent permitted by law, MAWDE will not be liable to you for any further loss or damage you suffer because MAWDE has exercised its rights under this clause or these Terms.
All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to MAWDE, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of MAWDE.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of MAWDE’s intellectual property rights, whether by estoppel, implication or otherwise. MAWDE reserves all rights not expressly granted in the Services.
Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:
(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of the MAWDE IP or our Services or cause or assist others to do so;
(b) challenge MAWDE’s ownership of MAWDE IP;
(c) infringe MAWDE IP; or
(d) use or make any intellectual property that is similar to MAWDE IP.
Limitation of Liability
To the maximum extent permitted by law, neither MAWDE, nor any of its employees, agents, affiliates, and any officer, director, employee, sub-contractor, agent, body corporate or successor; and any third party supplier of any material on the Websites, their affiliates, and any officer, director, employee, subcontractor, agent, body corporate or successor, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
(a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
(b) any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;
(c) any delay or failure in the provision of our Services;
(d) any errors in, or omissions from, the information contained in the Services;
(e) any loss of data;
(f) any Goods or Services supplied by MAWDE; or
(g) these Terms or any breach of these Terms.
You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences. To the maximum extent permitted by law, MAWDE liability under these Terms shall be limited to any one or more of the following:
(a) the replacement of the Goods or re-supply of equivalent Goods or Services;
(b) the repair of such Goods or Services;
(c) the payment of the cost of replacing the Goods or Services or of acquiring equivalent Goods or Services or a refund of the purchase Price; or
(d) the payment of the cost of having the Goods repaired.
To the extent permitted by law, MAWDE expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of Goods or Services under the Australian Consumer Law which cannot be excluded, restricted or modified. This clause survives termination of these Terms.
Disclaimer of Warranty
MAWDE provides the Websites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Websites regularly, neither MAWDE, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Websites. We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any Goods, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.
Release and Indemnity
You agree to release and indemnify and hold MAWDE and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of Goods or Services purchased from the MAWDE, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party. This clause survives termination of these Terms.
Amendments and Correction of Errors
MAWDE reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to Orders placed prior to the publication of any varied terms. While we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms. MAWDE reserves the right to amend any errors in the Services, including any pricing errors, and amend any Prices and Goods, at any time without notice to you.
Waiver: Any failure or delay by MAWDE in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent MAWDE from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that MAWDE will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.
Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between MAWDE and you or any other party unless expressly stated otherwise.
Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
Jurisdiction: These Terms are governed by the laws of Sydney, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Sydney, Australia and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.
This Returns Policy (Returns Policy) applies to all purchases made on our Websites. This Returns Policy is incorporated by reference into MAWDE’s Terms (Terms) and any capitalised terms not defined in this Returns Policy are defined in the Terms. You agree to comply with all Terms when accessing or using our Services, including this Returns Policy.
Change of Mind
We know returning an item can be disappointing so we've made the process as easy as possible. If you have changed your mind about an item, we may offer store credit or a refund, provided that:
- the request is made using email@example.com
- the request is made within 30 days of purchase;
- that you provide satisfactory proof of purchase (upon request from MAWDE)
- the merchandise is in saleable condition, that is, the item is unworn or unused, with all original packaging or tags attached and where the products seal is not broken or tampered with)
Customer Returns & Refunds
Customers returning items can select from either a refund (to original payment method), or a free return for 100% store credit. As MAWDE will cover your shipping costs we will send via email a shipping label for collection.
Once MAWDE has confirmed receipt of returned items, please allow up to 48 hours for your store credit or refund to be issued.
Faulty or Defective Product
If an item is faulty, wrongly described, incorrect or otherwise in breach of Australian Consumer Law, then we will fulfil our legal obligations, which may include refunding the purchase Price and delivery charges, or providing a replacement product.
Please email your request to firstname.lastname@example.org.
If the product is confirmed to have a defect, we will provide you with a replacement, refund or online store credit on the faulty item (at your election). We will require that you return the defective or faulty item to MAWDE by post at our expense and we will contact you to provide further information regarding this process.
Please note that we may not be able to offer a replacement or exchange on some Products if there is no longer stock available.
- If you are to receive online store credit, the credits will be applied to your MAWDE Account.
- Please allow up to 48 hours for store credit to be applied, from the date on which we receive your items.
- Store credits are valid for 12-months before expiry.
- You can check your store credit balance by logging on to your Account. To use your store credits you will have the option in the checkout on the payment step.
- If you are entitled to a refund, your refund will be returned in the same manner as the original payment method. For purchases made by credit or debit card, the cardholder and the same credit or debit card are required to process the refund as was originally used for the purchase.
- Please note that processing of refunds can take up to 7 business-days to show on your account due to varying processing times between payment providers.
This Policy is not intended to replace or exclude any rights available to you under the Australian Consumer Law. If you believe an item purchased from us is defective or faulty, you may have rights under Australian Consumer Law. Where there is a major failure with the item you may choose a refund, exchange or repair and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the item repaired or replaced if the item fails to be of acceptable quality and this failure does not amount to a major failure. Where an item is damaged through misuse, we cannot provide a refund, exchange or repair.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Goods or Services to you by us which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL, this policy and any terms and conditions specified on our Websites.
This Policy may be amended from time to time by us, without prior notice. Any purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check our current Terms, before making any purchase. Our agents, employees and third parties do not have authority to amend this Policy or our Terms.
If you have any enquiries regarding your return or our Returns Policy, please contact us via email at email@example.com.