Terms and Conditions

TERMS AND CONDITIONS

MVP Clothing Co. Australia PTY LTD ACN 661 307 142 Terms: Sale of Goods – Online

IMPORTANT: PLEASE READ

WE DRAW YOUR ATTENTION TO THESE TERMS, WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE. PLEASE READ THEM VERY CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL SELL GOODS TO YOU.

BY PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS.
YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS FOR YOUR RECORDS. In these Terms:

mvplabel.com.au

"Goods" means the goods that We will supply to You pursuant to these Terms.
"Order" means an order You place with Us detailing the Goods You wish to buy from Us. "We/Us/Our" means MVP Clothing Co. Australia Pty Ltd Trading As MVP Label ACN 661 307 142 "You/Your" means the person using Our Website and/or buying Goods from Us.
1. HOW THESE TERMS APPLY

1.1 The Terms in Section A explain how Our Website must be used. They apply to all users of the Website. Section B also applies when You buy Goods using the Website or over the telephone. We may amend the Terms from time to time, and you are advised to check them regularly for any changes We make.
1.2 When You use the Website, We may gather information about You and Your visit to the Website. Information about this can be found in our Privacy Policy, which forms part of these Terms. The Privacy Policy and these Terms govern Our relationship with You and form the contract between us ("Contract").

Section A: Terms of Website Use 2. ABOUT THIS WEBSITE

2.1 This Website is aimed at people who are consumers of Us. The information on this Website is in English, all communications shall be in English, and the Website is designed to comply with Australian law. We may, at our own discretion, restrict access to some parts of the Website to users who have registered with Us.
2.2 This Website is operated by MVP Clothing Co. Australia Pty Ltd, a company registered in Australia with ABN 72 661 307 142. Our registered office is in Gold Coast, Australia.

3. OUR RIGHTS ON THE WEBSITE

"Website" means Our website at

3.1 The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business-related use whatsoever.

3.2 You must not in any way copy, reproduce or use any trademarks, logos or brand names that appear on the Website. Linking to Our Website on other websites is at Our discretion, and We may require that You stop providing links to Our Website at any time.

3.3 We may use any information you upload to Our Website as We decide, and We may also disclose that information to a third party.

4. WEBSITE CONTENT

4.1 We have taken great care in compiling Our Website. Still, neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide accurate and up-to-date information, We do not guarantee to do so. You are responsible for ensuring that Your reliance on this Website is suitable for Your purposes and that the information We provide is not intended to be advice You should rely on. The information on this Website is provided on an "as is" basis. We exclude all warranties and representations of any kind concerning Our Website and its contents to the fullest extent that the law allows.

4.2 We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.

4.3 We may provide links to other websites. If we do this, those links are provided for Your convenience only, and We cannot be responsible for the content or availability of those websites or Your use of them.

4.4 We do not guarantee that this Website will always be available or be free from errors, viruses and/or defects of any kind.

4.5 We are under a legal duty to supply goods that conform with the Contract, and we aim to ensure that the product images on Our Website are as accurate as possible. Still, slight colour variations between the Goods and the images shown online may exist.

5. HOW YOU MUST USE THIS WEBSITE

5.1 Submissions or comments that are defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way offend any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person, including but not limited to other users of this Website.

5.2 All information You submit should be accurate, truthful, and not copied.

5.3 You must always use Your own identity when using the Website and ensure that all information You provide is accurate and up to date to the best of Your knowledge. You must not use information about anyone except if You have their permission.

5.4 You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website, such as any worms, viruses or similar harmful elements. The use of spam (multiple, unsolicited or undesired bulk e-mails) is also forbidden.

5.5 We will not be liable for any loss or damage You suffer from any harmful material infecting Your computer, data or other material due to Your use of Our Website.

5.6 If You have a password as part of Our security procedures, You must treat that information as confidential and not disclose it to anyone.

5.7 We may refuse access to this Website to anyone who does not comply with these Terms.

Section B: Terms of Sale
6. OUR AGREEMENT FOR THE SALE OF GOODS AND THE ORDERING PROCESS

6.1 The Website displays Goods advertised for sale and gives information about them. By advertising Goods on the Website, We invite You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon the despatch to you of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website, and each Order You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
6.2 Any variation of the Contract must be expressly agreed between You and Us.

6.3 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so, which may include circumstances where:

6.3.1 Weareunabletoobtainauthorisedpayment,orthepaymentprocessisincomplete;or
6.3.2 WeidentifyaproductorpricingerrorontheWebsite;or
6.3.3 Youfailtomeetanycriteriaforeligibilityofpurchase,whichWemayimposeandnotify you of from time to time; or
6.3.4 WesuspectthatYourOrderisrelatedtofraudulentactivity;or
6.3.5 YoufailtosubmitallnecessaryandrelevantdetailstoallowUstofulfiltheOrder;or
6.3.6 Goodsareunavailableoroutofstock.

6.4 We may contact You by telephone or email to verify details before We can process and despatch Your Order, or We may be unable to accept it. For example, We may do this if Your Order is highly valued.

6.5 The Goods shown for sale on this Website are intended for private consumer use, and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods that can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You.

7. PRICE AND PAYMENT

7.1 Prices and delivery charges are published on the Website when We accept Your Order. Prices include GST and are in Australian dollars. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website at the time. You place Your Order. The delivery charge for the Order is shown on the shopping basket page below Your chosen items. This means that if You order more than one item, there is no delivery charge for the additional items.
7.2 Offers and promotions on the Website are subject to availability, and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
7.3 We must receive payment for the Goods in full before they are despatched.
7.4 We accept payment via Paypal, and most major credit and debit cards, including Visa, Mastercard. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks, authorisation by the card issuer, and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
7.5 Your card provider may charge You for using Your card. Please check the terms and conditions with Your card provider before submitting Your payment details.
7.6 If We do not have sufficient stock of Goods, We will notify You by email or telephone, and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and no later than 30 (thirty) days from the date of Your Order. We will not be responsible for any compensation if the Goods You order are unavailable for any reason.
7.7 We will validate the names, addresses and other details supplied by You against commercially available records (including Electoral Roll data and credit reference services). We may also use third parties to do this. Information that You provide to Us may be disclosed to a registered credit reference agency which may keep a record of the information. By ordering from Us, You agree to such checks. These measures are taken to protect You to ensure. Your shopping experience with Us is as secure as possible.

7.8 If you attempt to make a purchase and the cart price is different to the advertised price, please contact customer care before purchasing so that we may investigate the issue. We will endeavour to respond to you addressing the issue raised as soon as possible.

8. RETURNS

Change Your Mind

8.1 You can return your order to us for store credit, without giving any reason, within 7 days of the day after You receive the Goods in accordance with these Terms, other than where required by Australian Consumer Law.
8.2 You must return the Goods to Us (at your own risk and cost) within 7 days of receiving your order by returning them by posting your order back to our Returns centre. We will not be responsible for any costs associated with returning the Goods to Us.
8.3 The Goods must be returned unused with the original packaging, with tags still attached. The original packaging must be returned in its original condition and must not be marked, labelled, damaged, or taped.
8.4 If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us. If You contact Customer Care, We will try to provide You with an estimate of the courier cost.
8.5 If You decide to return the Goods in accordance with clauses 8.1 to 8.4 (inclusive) immediately above, We will arrange for a store credit to be issued to You up to the value of the Goods purchased. The store credit will be valid for 12 months from the date of it being issued to You.

8.6 You must take care of the products before You return them to Us. We may reduce the amount of store credit We allocate to You if You use them, damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value.
8.7 You do not have the legal right to cancel, return and/or exchange any Goods which have been personalised to your requirements (for example, football shirts featuring Your name).

Exchange of Goods

8.8 In circumstances where You purchase the wrong size or product of Goods, You can exchange the Goods with Us. If You would like to exchange the Goods You must contact our Customer Care team by writing to the following email mvplabelau@gmail.com within 7 days of the date You received the Goods outlining the Goods you wish to exchange and the reasons for the exchange.

8.9 We will only exchange up to 3 individual items of Goods per order purchased. This means, for example, if You purchased 5 items of Goods from Us in 1 order, You are entitled to exchange 3 of those items in accordance with clause 8.8 above.

8.10 In respect of Any Goods exchanged in accordance with clause 8.8:

8.10.1 they must be returned unused with the original packaging, with tags still attached. The original packaging must be returned in its original condition and must not be marked, labelled, damaged, or taped; and

8.10.2 You will be responsible for the costs of postage or cost of couriering the Goods to Us.

8.11 We may refuse to exchange any Goods upon request by You, and we may do so without providing any reason to You.

Defects with Goods

8.12 We warrant that the Goods we supply are of satisfactory quality and fit for the purpose for which Goods of that nature are commonly supplied.
8.13 If You return Goods to Us, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within a reasonable period.
8.14 If there is a defect of fault with the Goods, We will replace the Goods or provide a full refund for the costs of Goods to You provided that the defect or fault is not caused by:

8.14.1 usual wear and tear, damage caused deliberately or accidentally; or 8.14.2 Your negligence; or

8.14.3 Your failure to follow product instructions; or

8.14.4 misuse, alterations and/or or repair of the Goods without Our approval.

8.15 We will provide a free returns label for all approved faulty returns. Where You have returned Goods to Us without using the free returns label, We will not be liable for any associated costs incurred by You. If We do not find any fault or defect, Your cancellation and refund rights are limited to those set out in Clauses 8.1 to 8.11 above, although this does not affect any statutory rights You may have. Subject to Clause 9 below, the remedy in this Clause 8.15 represents our entire liability to You for any claim in respect of the Goods which the law provides, in so far as We are permitted to limit Our liability to You.
8.16 If You believe that Goods have a defect, then You should not make any further use of them before returning them to Us. Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.
8.17 If You wish to return Goods in accordance with Clause 8.13, You may return the Goods to Us in an unused, reasonable condition to the returns address in Clause 12.10;

8.18 We will aim to process Your refund or replace the Goods as soon as possible but will do so within 30 days of You returning the Goods to Us. If You have paid using a credit or debit card and choose to return Goods to one of Our stores, any refund or replacement due may be made at that time, except that any delivery charge refunds which are due will be processed separately. We reserve the right to send any Goods You claim are faulty to Our inspections team.
8.19 Whenever You return Goods to Us, We ask that Goods are returned to Us, either by recorded delivery or courier, so that You have proof of posting. We will not be responsible for Goods lost or damaged in the post.

9. OUR LIABILITY

9.1 Nothing in the contract or elsewhere will exclude or limit our liability for death or personal injury caused by our negligence or any liability for fraudulent misrepresentation or fraud or liability which we are responsible for in relation to consumer protection rights or for any other matters which it would be illegal for us to exclude. Your statutory rights are not affected.

9.2 To the extent that we are liable to you in respect of breach of contract, for negligence or any other liability in relation to the goods or this contract or otherwise, our total liability to you will be limited to three times the price of the goods which are the subject of the liability, paid by you to us.
9.3 Some of the items We offer for sale are fashion items and may not be suitable for sports or other activities. Therefore, You should satisfy yourself that items are suitable for the type of sports activity You wish to use them for.

10.DELIVERY

10.1 We aim to deliver the Goods within the indicative timeframes shown on Our Website. References to "working day" shall mean any day of the week, excluding Sundays and Bank Holidays. However, time is not of the essence for delivery or performance, and all delivery dates specified on our Website and in any correspondence are estimates only. This means that We will not be responsible if Goods are delivered outside those times, and We will not be liable for the consequences of any delay. If We cannot deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by email and outline to You our revised delivery estimate.
10.2 If Goods are out of stock We will inform you by email.
10.3 If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery, and We reserve the right to deliver in multiple consignments.
10.4 Ownership of the Goods will only pass to You upon delivery of the Goods. The Goods will be at Your risk from the time of delivery, and You should therefore take reasonable care of them.
10.5 If the Goods or quantity You receive are not as You ordered due to Our error, then You should inform Us by telephone, email or letter using the contact details set out in Clause 12.10 as soon as possible after You receive the Goods and become aware of the error. We will endeavour to make good any error attributable to Our actions. We ask You to contact Us in advance to arrange Your return. We will provide a free returns label to return the item(s) to our warehouse. Any Goods You receive in error and intend to return should not be used by You and must be returned according to the standards set out in the above returns policy set out in clause 8 above.
10.6 Goods will be delivered to the address You provide in the Order process. You must provide a valid address for delivery. The delivery method We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods.
10.7 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier. This may include leaving the Goods with a neighbour or in a safe place in or around Your property.
10.8 If the Goods are not delivered on the expected date, you should notify us of such non-delivery within 30 days of such delivery failure.
10.9 Where delivery is misplaced or missing, We may require You to complete a Missing Parcel Declaration.

Delivery Restrictions

10.10 We do not currently deliver outside of Australia and New Zealand. Should you provide a delivery address outside of Australia or New Zealand, we will cancel your order and issue you a refund through your chosen payment method.

11.OUR RIGHTS IN THE GOODS

11.1 All ownership rights known as intellectual property rights in the Goods, including all designs, trademarks, brand names, images and logos, are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You.

12.GENERAL

12.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
12.2 The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time, provided that this will not reduce Our obligations to You.
12.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority, then all other clauses of the Contract will continue to apply.
12.4 If either We or You do not at any time act on any rights which we have under this Contract, then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right that we have, it will not affect any other rights which either of us has.
12.5 This Contract is subject to Queensland law, and both We and You agree that the non- exclusive jurisdiction of the Queensland courts will decide any dispute arising under or connected to it.
12.6 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, the Contract will remain subject to the version of the Terms in place at the time You placed Your Order, subject to any changes expressly agreed between You and Us.
12.7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights the law grants You, which that law does not allow Us to change or limit.

12.8 Any notice You send to Us will be deemed delivered as follows, depending on how You send it (and in each case, it should be sent to the address set out in Clause 12.10):

12.8.1 on the day on which it is left with Us – if You deliver the notice by hand; or

12.8.2 on the day on which it was posted – if You post the notice as shown on proof of postage; or
12.8.3 on the day on which it is sent correctly – if You sent it by fax or email;

12.9 A person who is not a party to this Contract shall have no right to enforce any term, which means that only We and You have rights under it. This does not affect any right or remedy of any person who exists or is available otherwise under that Act.

12.10 TheContractistheentireagreementandunderstandingbetweenUsinrespectofitssubject matter. It will supersede and replace any prior agreements, understandings or arrangements, whether written or verbal. We each acknowledge that in entering into the Contract, neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain about your rights under the Contract or want any explanation about them, please write to or email our customer service using the address set out below.

mvplabel.com.au

mvplabelau@gmail.com