Terms and Conditions
These Terms and Conditions govern Your use of the Style Mecca Website, including the placing of an Order and the purchasing of an Item. By using the Style Mecca Website, You agree to be bound by these Terms and Conditions without limitation. If You do not accept these Terms and Conditions, You must cease using the Style Mecca Website.
In these Terms and Conditions, unless a contrary intention appears:
“Business Day” means a day that is not a Saturday, Sunday or public holiday in Western Australia;
“Contract of Sale” means a contract between You and Style Mecca for the sale of an Item;
“Delivery Agent” means any third party delivery or shipping company nominated by Style Mecca;
“Delivery Fee” means each fee charged by a Delivery Agent for the delivery of Items in accordance with clause 5.3, as amended from time to time;
Delivery Address means the address to which the Items are to be delivered as stated in each Order;
“eWAY” refers to Web Active Corporation Pty Ltd ACN 086 209 403;
“GST” means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999;
“Intellectual Property Rights”
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;
“Item” or “Items” means any goods listed for sale on the Style Mecca Website;
“Listed Sale Price” means the price at which an Item is listed for sale in a Listing;
“Listing” means a listing on the Style Mecca Website through which Style Mecca offers to sell an Item to You;
“Order” means an offer by You to Style Mecca to purchase an Item at the Listed Sale Price;
“Party” means Style Mecca and / or You as the context requires;
“Personal Information” means information or an opinion about an individual as defined in section 6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored or handled by Style Mecca for the purposes of the Agreement;
“Sale Item” means an Item purchased at a reduced price from the Listed Sale Price as a part of a sale or other promotional activity;
“Style Mecca” means Harris Investments WA Pty Ltd ABN 97 534 274 559 as trustee for The Harris Trading Trust trading as Style Mecca;
“Style Mecca Community” means the online community known as “Style Mecca Community” operated by Style Mecca via the Style Mecca Website, through which a Style Mecca Community Member can receive:
- details of new Listings; and
- personalised use of the Style Mecca Website.
“Style Mecca Community Member” means an individual or other entity that is a member of the Style Mecca Community;
“Style Mecca Return Form” means the return form provided by Style Mecca with each Item purchased;
“Style Mecca Website” means the internet site owned by Style Mecca and operating under the URL www.stylemecca.com.au;
“Terms and Conditions” means these terms and conditions of use of the Style Mecca Website; and
“You” and “Your” are a reference to you.
You represent and warrant that You are at least 18, alternatively at least 21, years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to access the Style Mecca Website and to enter into legally binding contracts under applicable law.
3. PLACING AN ORDER
3.1. Listings on the Style Mecca Website are merely an invitation to treat and do not represent an offer capable of acceptance.
3.2. You can place an Order by submitting the online order form available on the Style Mecca Website.
3.3 You agree to provide in each Order complete and accurate information as to Your personal details (or those of Your nominated recipient for an Item) to enable the processing and delivery of Your Order. This information will also be used by the Delivery Agent to fulfill delivery of Your Order. Style Mecca will not be liable to You for Your loss or that of any third party for a delay in processing or failure to process an Order or delay in delivery of an Item to You (or Your nominated recipient) to the extent to which that delay or failure is directly or indirectly due to inaccurate or incomplete personal details provided to You with respect to an Order.
3.4. An Order submitted by You on the Style Mecca Website is an offer by You to purchase an Item for the Listed Sale Price (plus any Delivery Fee if applicable).
3.5. After placing an Order, You will receive an email from eWAY confirming Your Order details. This does not mean that Your Order has been accepted.
3.6. You agree to obtain the consent, from any nominated recipient of an Item, to the provision to Style Mecca of personal details of Your nominated recipients of Items.
3.7. Once You submit an Order, cancellation of Your Order or changes to any Item specified in Your Order cannot be made (unless changes to the Order are made by agreement with Style Mecca). However, Style Mecca will allow You to return an Item in accordance with the returns policy set out in clause 7.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1. Style Mecca reserves the right to accept or reject Your Order for any reason at any time.
4.2. If Style Mecca is willing and able to supply to You Items specified in Your Order, Style Mecca will email You to confirm acceptance of the Order (“Order Confirmation”).
4.3. A Contract of Sale will be formed when Style Mecca sends You the Order Confirmation. Your Order will be assigned an order number and Style Mecca will inform You of it in the Order Confirmation. Please quote the relevant order number in any subsequent correspondence with Style Mecca relating to an Order.
4.4. The Contract of Sale will relate only to those Items referred to by Style Mecca in the Order Confirmation.
4.5. If You place more than one Order, You will, unless otherwise advised by Style Mecca, receive from Style Mecca a separate Order Confirmation and receipts with respect to each Order.
4.6. If Style Mecca is unable to complete an Order, the Order will lapse and a full refund of the Listed Sale Price will be made to You. You acknowledge that a refund of the Listed Sale Price for an Item is the only recourse in the event that Your Order is not accepted. All other liability is excluded.
5.1. Style Mecca uses Delivery Agents to deliver Your Items. You agree to Your details including Your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering Your Items.
5.2. Where applicable, a tracking number will be provided to You once Style Mecca has shipped the Order.
5.3. Subject to clause 5.4 the Delivery Fee for an Order is:
- Australia wide: $9.95 per Order under $150.00, FREE delivery for Orders $150.00 and over; and
- outside of Australia: $35.00 per Order.
5.4. Style Mecca reserves its right to increase the Delivery Fee if:
- the quantity of Items in Your Order is large and Style Mecca is required to package Items separately;
- Your Order is subject to customs fees, import duties and / or taxes of the country to which You have Your Order shipped;
- delivery of an Item is to an area outside of a metropolitan region; and / or
- delivery to You of Your Items otherwise causes Style Mecca to incur costs or expenses additional to the usual costs involved in delivery of an Item.
5.5. Style Mecca aims to achieve the delivery time frames set out below:
- Australia wide: 1-5 Business Days;
- New Zealand: 5-10 Business Days; and
- International (other than New Zealand): 10-15 Business Days.
5.6. From time to time, Style Mecca may not be able to achieve the delivery time frames specified in clause 5.5. You acknowledge and agree that notwithstanding anything else in in clause 5:
- Style Mecca cannot guarantee that delivery will occur in the delivery time frames specified in clause 5.5;
- delivery time frames may change from time to time due to unforeseen circumstances;
- Style Mecca is not liable for any loss, damage, cost, expense or injury You suffer or any third party suffers as a result of a change in delivery times or a delay in delivery; and
- Style Mecca does not guarantee the success of international delivery nor does it warrant that it will be able to deliver Items to every international destination.
5.7. If You are not personally available to accept delivery, You may appoint a representative to do so in Your place. The representative must be over 16 years of age and capable of receiving delivery on Your behalf, and You agree that Style Mecca is entitled to rely on the representative’s instructions as if they were Your own.
5.8. You or Your nominated representative may be required to sign a delivery manifest to confirm that delivery has taken place. If You or Your nominated representative refuse to sign the delivery document, this will be taken as refusal to accept delivery.
5.9. If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for You to collect the Item from a local post office. It is Your responsibility to follow the instructions stated on the calling card.
5.10. Where redelivery is required for any reason, You may be required to pay any associated fees for redelivery.
5.11. It is Your responsibility to ensure that each delivery address specified in an Order is correct. Style Mecca has no responsibility with respect to Items delivered to an incorrect address as a result of incorrect information provided by You.
5.12. Risk and title in each Item passes to You on the date and at the time of delivery of the Item to the Delivery Agent for delivery to You.
6. PRICE AND PAYMENT
6.1. All Listings and Listed Sale Prices are quoted in Australian dollars and are inclusive of GST.
6.2. The price applicable to an Item ordered by You shall, except in the case of an obvious error, be the Listed Sale Price on the Style Mecca Website at the time You submit Your Order for the relevant Item.
6.3. The Listed Sale Price of Items is subject to change without notice but changes will not affect Orders in respect of which You have received an Order Confirmation from Style Mecca.
6.4. The Listed Sale Price shall be processed using a third party payment gateway service run by eWAY. eWAY’s terms and conditions can be viewed on its website at www.eway.com.au/company/legal
6.5. It is Your responsibility to:
- ensure there is sufficient clear credit available in Your nominated credit / debit card account to meet the Listed Sale Price at the time of placing the Order; and
- check the amounts debited in the Your account statement provided by Your credit / debit card issuer, since if there is insufficient credit in the Your nominated account or You gave Style Mecca incorrect account details, You may be charged a fee by Your credit / debit card issuer due to the failed or incorrect payment.
7. RETURNS, EXCHANGES AND REFUNDS
7.1. If You are not satisfied with an Item You have purchased and received Style Mecca will happily exchange the Item or, provided that the Item is not a Sale Item, provide You with a full refund providing the following conditions are met:
- the Item is returned to Style Mecca within 7 days of the date of delivery;
- the Item is accompanied by a completed Style Mecca Return Form (containing a RA Number);
- the Item remains in new and original condition as purchased, with all labels and tags attached. Style Mecca cannot accept returns for “change of mind” on any Item that has been worn and / or does not have labels and tags attached; and
- proof of purchase is provided.
7.2. Style Mecca does not offer refunds on Sale Items, however You may obtain an exchange.
7.3. Where the Items are shoes (“Shoes”) they must be returned to Style Mecca unworn, unmarked and undamaged, and in their original undamaged box or packaging. When trying on Shoes, ensure You try them on a carpeted surface to avoid scratching the soles. Shoes that are returned to Style Mecca without their original box or packaging, in damaged box or packaging, worn, marked or in an otherwise unsalable condition may not be accepted for refund or exchange.
7.4. To obtain an exchange or refund, You must contact Style Mecca by email at email@example.com to request a return authorisation number (“RA Number”).
7.5. In Your request for a RA Number, You must provide Style Mecca with the following details:
- Your Order number;
- description of the Item; and
- the reason(s) for return of the Item.
7.6. Items should be returned by registered post to the address specified on the Style Mecca Return Form. You assume the risk of, and shall be responsible for, any loss of or damage to any Item during transit. For this reason, Style Mecca recommends that you take out shipment / postage insurance.
7.7. A refund can only be credited to the credit / debit card that was used to purchase the Item.
7.8. You are, unless the Item is faulty, not of merchantable quality or is different from the Item You ordered, responsible for all shipping and packaging costs incurred in returning and / or exchanging an Item.
8. STYLE MECCA COMMUNITY
8.1. In order to access the Style Mecca Community, You will be required to register as a Style Mecca Community Member and create a membership account (“Account”).
8.2. To create an Account, You must follow the instructions on the Style Mecca Website. Your username will be the email address You provide when registering as a Style Mecca Community Member (“Username”). Your Username must not, in the opinion of Style Mecca, be inappropriate or offensive and must not infringe upon the rights of any third party. Style Mecca can require You to immediately change Your Username if Style Mecca thinks it is inappropriate for use in relation to the Style Mecca Community or the Style Mecca Website.
8.3. To create an Account, You must select a password, known only to You. Your Account is non-transferable. You must keep Your Account details safe and must not disclose them to any third party. The Account may be used only by the individual who created it and not by anyone else. Style Mecca reserves the right to terminate Your Account if Style Mecca has reason to believe that Your Account details are being used by anyone other than You.
8.4. You shall be liable for all activities that are undertaken using Your Account together with the associated password and shall compensate Style Mecca for any and all losses Style Mecca may suffer as a result of any failure by You to keep Your Username and password strictly secure at all times.
9. USE OF THE STYLE MECCA WEBSITE AND LIMITATION OF LIABILITY
9.1. You alone (not Style Mecca) are responsible for ensuring that placement of an Order and any other activities conducted by You on the Style Mecca Website are lawful. You must also ensure that You strictly comply with these Terms and Conditions.
9.2. When accessing and using the Style Mecca Website, You must:
a) not attempt to undermine the security or integrity of Style Mecca’s computing systems or networks or, where the Style Mecca Website is hosted by a third party, that third party’s computing systems or networks;
b) not use, or misuse, the Style Mecca Website in any way which may impair the functionality of the Style Mecca Website or impair the ability of any other user to use the Style Mecca Website;
c) not attempt to gain unauthorised access to any materials, other than those to which You have been given express permission to access, or to the computer system on which the Style Mecca Website is hosted;
d) not transmit, or input into the Style Mecca Website, any:
- files that may damage any other person’s computing device or software;
- content that may be offensive; or
- material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use);
e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the Style Mecca Website.
9.3. You acknowledge and agree that:
- all pictures and images of Items displayed on the Style Mecca Website are for illustration purposes only, and the sizes and dimensions of the actual Items may be different;
- You have read any corresponding written description of the Items prior to submitting Your Order;
- the colour of the actual Item may vary in shade, tone or density from the colour as depicted on the Style Mecca Website;
- where dimensions or other measurements are provided in the description of an Item, it is Your responsibility to ensure that the actual size of each Item is suitable for Your purpose prior to submitting Your Order (including whether the Item will be capable of delivery to Your Delivery Address due to sufficient, appropriate and safe access); and
- any accessory featured with the Item is for illustration purpose only, and may be sold separately.
10. INTELLECTUAL PROPERTY
10.1. Title to, and all Intellectual Property Rights with respect to, the Style Mecca Website and any associated documentation are the property of Style Mecca and may not be used or reproduced in full or in part without Style Mecca’s prior written notice.
10.2. You may not, unless expressly permitted by the Agreement, use the Style Mecca Website, or the material contained in it (“the Material”), for any purpose. This includes:
- the reproduction of the Material in any material form;
- the distribution of the Material in any material form
- re-transmission of the Material by any medium of communication;
- uploading and / or reposting the Material to any other site on the Internet; or
- “framing” the Material with other material on any other Internet site.
10.3. You may not modify, copy or otherwise commercialize:
- the layout of the Style Mecca Website; or
- any computer software or code contained in the Style Mecca Website.
11.1. To the maximum extent permitted by law, Style Mecca excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use of, or reliance on, the Style Mecca Website.
11.2. If You suffer loss or damage as a result of Style Mecca’s negligence breach of contract or other act or omission that cannot at law be avoided pursuant to clause 11.1, any claim by You against Style Mecca arising will be limited in respect of any one incident, or series of connected incidents, to one thousand Australian dollars ($1,000.00).
12.1. You agree to release, indemnify and keep indemnified Style Mecca from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Style Mecca arising out of or in connection with Your:
- failure to comply with the Agreement;
- failure to complete a transaction;
- use of the Style Mecca Website;
- purchase of an Item; and
- infringement of the intellectual property, privacy or confidentiality rights of a service provider or any third party.
12.2. Style Mecca cannot guarantee uninterrupted, timely, secure or error free access to the Style Mecca Website, and its operation may be interfered with by numerous factors outside of Style Mecca’s control.
13. LINKS TO OTHER WEBSITES OR SERVICES
The Style Mecca Website may include links to other websites maintained by third parties which are not under the control of Style Mecca (“Linked Sites”). Style Mecca makes available Linked Sites to You solely as a convenience, and the inclusion on the Style Mecca Website of links to Linked Sites does not imply endorsement by Style Mecca of the Linked Sites. Linked Sites are not under the control of Style Mecca and Style Mecca is not responsible for the material contained on any Linked Site or the consequences of accessing such sites. You access Linked Sites at Your own risk and by accessing them You leave the Style Mecca Website.
You warrant that where You have placed an Order on behalf of another person or entity, You have the authority to agree to these Terms and Conditions on behalf of that person or entity and agree that by placing an Order You bind the person or entity on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms and Conditions, without limiting Your own personal obligations under these Terms and Conditions.
15. CONSUMER GUARANTEES
To the maximum extent permitted by law, any statutory consumer guarantee or statutory provision intended to protect non-business consumers in any jurisdiction does not apply to the Agreement.
17. RESTRICTION OF USE
17.1. Without limiting other remedies available to Style Mecca at law, in equity or under the Agreement, Style Mecca may, without notice to You and at Style Mecca’s sole discretion, issue You a warning, restrict Your activities through the Style Mecca Website or temporarily prohibit or indefinitely prohibit Your use of the Style Mecca Website where:
- You have, or Style Mecca believes that You have, breached the Agreement, which includes any of Style Mecca’s policies, in any way;
- Style Mecca is unable to verify or authenticate any information You provide to Style Mecca; or
- Style Mecca believes that Your actions may cause loss or damage to or otherwise unlawfully harm You, third parties or Style Mecca, Style Mecca’s related bodies corporate or affiliates, directors, employees or agents.
17.2. For security, confidentiality and privacy reasons, Style Mecca is not obliged to provide You with the details of any investigation that Style Mecca may conduct or any action which Style Mecca may take, in relation to Your use of the Style Mecca Website.
18. HELP AND ASSISTANCE
18.1. If You require technical help with the Style Mecca Website, please check the support provided by Style Mecca on the Style Mecca Website or failing that email us at firstname.lastname@example.org.
18.2. Whilst Style Mecca intends that the Style Mecca Website should be available 24 hours a day, seven days a week, it is possible that on occasions the Style Mecca Website may become unavailable in order to permit maintenance or other development activity to take place. If for any reason Style Mecca has to interrupt the Style Mecca Website for longer periods than Style Mecca would normally expect, Style Mecca will use reasonable endeavours to publish in advance details of such interruption on the Style Mecca Website.
18.3. Please contact Style Mecca on email@example.com if You suspect any abuse or misuse of the Style Mecca Website so that Style Mecca is able to notify the relevant authorities.
19. ENTIRE AGREEMENT
The Agreement supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between You and Style Mecca relating to the Style Mecca Website and any other matter dealt with in the Agreement.
If Style Mecca waives any breach of the Agreement by You, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
21. ALTERATION OF TERMS AND CONDITIONS
Style Mecca reserves the right to change these Terms and Conditions by publishing them on the Style Mecca Website:
- without giving You notice; and
- without giving You any explanation or justification for such change.
22. GOVERNING LAW AND JURISDICTION
The Agreement is governed by the laws of Western Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of the Agreement.
If any part of the Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severed without affecting the validity and enforceability of the remaining provisions.
24.1. You acknowledge and agree that any notice given under the Agreement by either Party to the other must be in writing by email and will be deemed to have been given on transmission.
24.2. Notices to Style Mecca must be sent to firstname.lastname@example.org or to any other email address notified by email to You by Style Mecca. Notices to You will be sent to the email address which You provided when placing an Order.