Terms and Conditions
This website operated by Melanoma Institute Australia (ABN 12 332 1148) of 40 Rocklands Rd, Wollstonecraft, NSW, 2065, Australia ("we", "us" and "our").
Melanoma Institute Australia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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 of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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.
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.
(a) You agree to pay the purchase price specified on the website at the time that you place your order for the purchase of a Product, and any applicable shipping charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping will be separately shown.
(b) If the goods are being delivered outside of Australia, you must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (“Other Taxes”) imposed by any applicable government agency. The Seller is unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the country that the Products are to be shipped to if you are unsure whether any Other Taxes will apply.
(c) You must pay for the Product online by credit card or PayPal account. Your payment will be processed upon receipt of your order. The credit cards that are accepted from time to time will be described on the website. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be described on the website.
2. Cancellation of orders
(a) The Seller may cancel an order that it has already accepted if the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
(b) While the Seller endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and the Seller may also cancel an order that it has accepted in such circumstances.
(c) Unforeseen supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in shipping your order the Seller will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Seller ships the Product to you.
(d) You may also cancel an order if the Seller is in breach of these terms.
(a) The Seller will normally ship the Product within 48 - 72 hours of Seller’s receipt of your order, unless otherwise noted in the Product description. Any delivery times displayed on the website are estimates only, based on the information provided to the Seller by its shipping company.
(b) The Seller will deliver the Product to the place of delivery you specify when making your order. Title to and risk in the Product will pass to you upon delivery of the Product to this place of delivery.
If for any reason you are not completely satisfied with a product, we will be happy either to replace the item or to refund your money (for Internet customers only). Simply follow the instructions below and return the product/s to us at the addresses listed.
◦Goods should be returned within four weeks of the original order date in their original packaging with the original labels/tags.
◦To comply with Australian Government Health Regulations they must be unworn and unwashed.
◦So that we can monitor and improve our customer service we ask that you include the receipt you received with your parcel and indicate why you have returned the goods.
◦The customer will need to pay for postage of the returned goods.
If you would like the goods to be returned, please forward to the following address:
Melanoma Institute Australia
40 Rocklands Rd Wollstonecraft
New South Wales AU 2065
If you would prefer a Refund, we will credit your card for the amount of the goods excluding delivery charges (if any). Please email your Refund instructions to the following email address: email@example.com
If you change your mind on a purchased item, we are unable to offer a refund or exchange.
If for any reason a product you have ordered is not available or out of stock, we will also refund you via PayPal.
Please note: We are unable to return or exchange an item that is not being returned or exchanged by the original purchaser.
5. Licence to use the content on this Website
(a) You acknowledge that this Website and all related content is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).
(b) We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes.
(c) We (or our licensors) retain all right, title, and interest in and to this Website and all related content, and nothing you do on or in relation to this Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.
(d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce this Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Website without notice.
7. General restrictions
(a) You must not disclose to any other person any user name and password that we give to you. We will assume that any use of this Website made using that user name and password is you, and you will be responsible for any such use, except where you have notified us under paragraph (b).
(b) You must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.
(c) In using this Website, you must not:
(i) provide us with inaccurate or incomplete information;
(ii) violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;
(iii) impersonate any person;
(iv) distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(v) collect or store personal data about other users of this Website; or
(vi) engage in any other conduct that inhibits any other person from using or enjoying this Website.
8. Warranties and liability
(a) The Seller warrants that if any Product fails to comply with the following promises within 30 days of your receipt of the Product, you may return the Product to the Seller for a full refund as described in section 4 above:
(i) each Product will comply in all material respects with any descriptions given on this Website;
(ii) unless otherwise noted, where the Products are items of clothing they will be new and not second-hand; and
(iii) each Product will be in saleable condition (subject to any defects described on this Website prior to purchase).
In addition, if the Australian Consumer Law applies to the Seller’s sale of a Product to you, the Seller provides you with notice of the following guarantee 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or a Product that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
(c) Nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the Australian Consumer Law, which (as described above) contains guarantees which operate to protect the purchasers of goods and services in various circumstances).
(d) If any guarantee term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and the Seller is able to limit your remedy for a breach of such a Non-Excludable Provision, then the Seller’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at the Seller’s option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of the Seller for all claims under or relating to these seller terms or a Product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:
(i) AUD$100; and
(ii) the amounts paid by you to the Seller as a result of the purchase of a Product.
In calculating the Seller’s aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by the Seller under any Non-Excludable Provision.
(f) Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the Seller is not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(g) The Seller’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
10. Variation of this Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website (including the Sellers that may be included from time to time on this Website).
(a) Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
(b) If any part of these seller terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(c) These seller terms are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
(d) These seller terms constitute the entire agreement between the Seller and you in relation to the Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Seller and you in relation to the Products.
(e) Your purchase of the Products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any Product purchase, including by sending electronic notices.
(f) The provisions of these seller terms which by their nature survive termination or expiry of these seller terms will survive termination or expiry of these seller terms.
(g) The term “including” when used in these seller terms is not a term of limitation.