Welcome to the website of www.mboutiqueau.com (hereinafter “M Boutique AU”), and Thank You for considering our products. M Boutique AU will provide their goods and services to You subject to the following terms and conditions. Please read this information carefully before placing any orders. By placing an order with M Boutique AU, You agree to be bound by the following Terms of Sales and Service (Agreement):
1. M Boutique AU GUARANTEE:
If your purchase fails during the first year, M Boutique AU will replace the product free of charge. Actual shipping charges for the replacement to the customer will be charged. Please contact us at firstname.lastname@example.org for return instructions.
2. REFUND POLICY:
a. Defective goods or incorrect size items due to manufacturing mistakes will be replaced by M Boutique AU at no cost to the customer. Any damages and/or sizing issues due to manufacturing mistakes must be reported to email@example.com within 7 days after receipt of goods.
b. Returns for refund/exchange – please contact firstname.lastname@example.org within seven days from receipt of goods to obtain a return/exchange merchandise authorization.
Only items in resalable condition will be accepted for refund/exchange. M Boutique AU may refuse to accept the return of custom-made or special-order items. The refund will be issued in 1-2 business days once the item is received.
3. FLAT-RATE POSTAGE
Our Flat Rate Postage covers a maximum of 2KG in weight. This may vary depending on your location. M Boutique AU has the right to reject orders which incur a high postage cost unless adjustment fees are agreed upon. Please contact email@example.com prior to placing large orders.
5. LIMITATION OF LIABILITY:
Under no circumstances, including, without limitation, negligence, shall M Boutique AU or its parents, subsidiaries, affiliates, officers, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use any service or products offered by M Boutique AU, or for the cost of procurement of substitute goods and services, including but not limited to, damages for loss of profits, use, data, or other intangibles, even if M Boutique AU has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless M Boutique AU, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by M Boutique AU or your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, copyright infringement, trademark infringement, patent infringement or plagiarism. M Boutique AU may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by M Boutique AU, however, shall not excuse any of Your indemnity obligations.
7. FORCE MAJEURE:
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire, or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel, or utilities or for any other cause beyond its control.
Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.
9. ENTIRE AGREEMENT:
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting firstname.lastname@example.org prior to taking any other action. Failure to contact M Boutique AU to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of the M Boutique AU website are governed by the laws of the State NSW, and the courts of general jurisdiction located within NSW will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning Agreement and M Boutique AU. In addition to the foregoing, in the event of any breach or violation of this Agreement, M Boutique AU shall be entitled to enforce all of its legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under the Agreement.
If any provision, or portion thereof, of Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or the rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement was last revised on April 2021.