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Terms & Conditons

Terms and Conditions - MS WILA

(Last Update: 2 February 2024) 

30-DAY HASSLE FREE RETURN POLICY- The product must not be used. Return the item in original packaging with all accessories and in original condition. 

WHOLE SALE ACCOUNT- wholesale/trade accounts are not included in any promotional sale on the website. website promotion is for the general public.

Wholesale account discounts are based on an annual spend limit per year ending 30th June.

Terms and Conditions 

We own and operate Our Website. Access to and use of this website, and the purchase of our Products, are subject to the following terms and conditions. By using the Website and purchasing our Products, you are agreeing to all of Our terms and conditions, as may be updated by Us from time to time, and any other terms, conditions, and notices which apply to the Third Party Platforms. These Terms and conditions create a legally binding agreement between Us and you (Agreement) and will apply to all Products that you purchase from us and your use of Our Website.

What DEFINITIONS APPLY? 

Word  Meaning 
ACL The Australian Consumer Law contained in Schedule 2 of the CCA as amended, re-enacted or replaced, and includes any subordinate legislation.
CCA the Competition and Consumer Act 2010 (Cth) as amended, re-enacted or replaced, and includes any subordinate legislation.
Manufacturer The manufacturer of the particular Product.
Ms Wila Worthcon Pty Ltd ACN 625 375 582 trading as Ms Wila
Our Website  The website and domain name http://mswila.com.au
Price The price for a particular Product, as displayed on our Website from time to time.
Privacy Policy Ms Wila’s privacy policy from time to time, which can be found at [insert link to Privacy Policy]
Products The products sold on Our Website from time to time.
Third Party Platforms  The Stripe, AfterPay and PayPal  payment service owned and operated by Stripe, AfterPay and PayPal.
We, Us, Our  Worthcon Pty Ltd ACN 625 375 582 trading as Ms Wila Interiors

 

Our Products

The Products We offer are outlined on Our Website or otherwise are advised by Us in consultation with you. In order to facilitate the sale of Our Products, We use the Third Party Platforms. You agree to accept and abide by the Terms of Use which apply to the Third Party Platforms which you use in connection with your purchase of Our Products.

 

Our MATERIALS 

Whilst due care has been taken in the preparation of the content of Our Website, Instagram and Facebook and any other materials or advice provided to you in supplying our Products (collectively, the Ms Wila Materials), We make no representations regarding the accuracy, currency or reliability of the information provided unless otherwise indicated. The Ms Wila Materials are provided on an as-is basis, and to the fullest extent permitted by law We disclaim all warranties in relation to these materials. We will not be liable for any loss or damage other than that which cannot be excluded by law arising as a result of your reliance on the Ms Wila Materials. In addition We do not warrant that Our Website and/or the servers it is hosted on are free of viruses, trojans or other malicious software.

 

Payment 

You must make payment for Our Products in the manner directed by Us. If We require you to make payment through a Third Party Platform:

  1. You acknowledge that Stripe, AfterPay and PayPal has been engaged by Us to collect the fees due under this Agreement and that the Stripe, AfterPay and PayPal terms and conditions will apply, including terms in relation to recovery of collection fees as a result of unsuccessful payments; 
  2. You authorise Stripe, AfterPay and PayPal to debit your nominated account or credit card and agree to pay the relevant Price; and 
  3. You will ensure that there are sufficient cleared funds in the nominated account at the time of purchase. 

 

Returns and Refunds

Any request by you for return and credit for Products supplied must be made to Us within thirty days of delivery or collection of the Product. We will accept returns for ‘change of mind’ or equivalent within 30 days’ of delivery or collection. Acceptance of a request for return and credit and issue of a credit authorisation outside of 30 days shall be, subject to the requirements of the ACL, at our sole discretion.

Products will not be accepted back without prior authorisation by Us and you must return the Products, freight paid and in original condition and packaging including documentation to Our warehouse.

Where We accept the return of Products in accordance with this term 6, and the reason for the return of those Products is ‘change of mind’ or equivalent, you agree that, if required by us, you must:

  1. Arrange and pay for all shipping costs associated with the return; and
  2. pay up to 15% of the relevant Price to Us for Our costs associated with completion of the order, including but not limited to, the costs of delivery and order administration.

You are liable for any damage to the Products identified by us following a return captured under this term.

 

Consumer Guarantees and Warranties

We do not make or provide any warranty or other representation, other than those expressly provided to the Customer in writing, to the fullest extent permitted by law including but not limited to warranties or representations regarding the quality or suitability of the Products. 

Except as set out in these in these terms and conditions or otherwise expressly agreed in writing between the parties, all conditions, representations, warranties, terms and undertakings (whether express or implied), are excluded to the fullest extent permitted by law.

Nothing in these terms and conditions is intended to have the effect of contracting out of any applicable provisions of the CCA (including the ACL) or the Fair Trading Act 1989 (Qld), except to the extent permitted by those Acts.

Our Products come with guarantees that cannot be excluded under the ACL.

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 Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

The Manufacturer may also offer its own warranty for a Product. 

As We are not the Manufacturer of the Products, We, to the fullest extent permitted by law, are not liable for any damaged or defective Products distributed directly by the Manufacturer to you. 

 

Delivery

We may offer delivery of particular Products on the terms contained on Our Website. If delivery is offered, we must receive payment for that delivery in full before any delivery arrangements will be made.

Delivery may occur:

  1. in respect of Products collected by you or its carrier or agent - at Our premises if the Products are to be collected by you or you, with Our consent, has made its own arrangements for a carrier or agent organised by you to collect the Products;
  2. in respect of Products delivered by Us (or Our carrier or agent) or the Manufacturer (or its carrier or agent) - at the address nominated by the You at the time of the order if We agreed to deliver the Products at that address at the time of the order.

Products may be delivered in instalments, at different times and each delivery shall be deemed to be for a separate purchase order and paid for in accordance with these terms and conditions.  

We provide no guarantee as to time for delivery and you may not reject Products or claim damages for late delivery due to any cause beyond Our control. We are not responsible for any loss suffered by you caused by the delay of delivery of the Products. Delivery does not include any installation services or the removal of packaging.

Deliveries are subject to the availability of the you personnel to receive the Products, suitable access, firm standing, storage, unloading and manoeuvring spaces, as determined by Us and We are not liable for, and you will indemnify Us against, any claims for damages to access ways, storage areas, plant, equipment or works during delivery.

You agree that if the Products are delivered and a member of your personnel is not present to receive the delivery, We will attempt to re-deliver at a later date to be agreed upon between the parties. You will be responsible for Our costs of re-delivery, including any storage and associated costs for the period between the date on which delivery was initially to occur and the eventual delivery date.

Any non-delivery of an instalment of Products in accordance with this term does not repudiate or invalidate the Contract and does not give you the right to reject the Products.

Unless otherwise agreed in writing, if:

  1. Products are held by Us – risk in the Products passes to you immediately upon the Products leaving our premises; or 
  2. Products are held by the Manufacturer and supplied directly to you – risk in the Products passes to you immediately upon the Products leaving the Manufacturer’s premises.

You must take out and maintain a suitable insurance policy or insurance policies to cover any damage or loss that may occur to the Products after they leave the premises.

 

Our privacy policy 

By purchasing Our Products you acknowledge and accept our Privacy Policy.

 

Damage and Personal Injury 

To the extent permitted by law, We exclude any liability to you in agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by You and/or any other person, or for any costs, charges or expenses incurred by you, arising from or in connection with this Agreement and/or the services/products provided by Us and/or a third party provider, and/or any act or omission of Us and/or a third party provider.

 

Amendments to Terms and conditions 

We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on Our Website. Your continued purchase of Our Products following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Website

Access to this Website is permitted on a temporary basis, and We reserve the right to withdraw or amend the Products without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts or all of this Website.

Linked sites

This Website may contain links to other websites (Linked Sites), which are not operated by Us. We no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

Intellectual property, software and content

The intellectual property rights in all software and content (including photographic images and manuals) made available to you on or through this Website remain the property of Us or Our licensors and are protected by copyright laws. All such rights are reserved by Us and Our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Invalidity

If any part of the Terms and Conditions is unenforceable (including any provision in which We exclude Our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected and all other clauses remain in full force and effect. 

ENTIRE agreement

This Agreement and its Annexures and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between you and Us relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

Governing Law 

This Agreement is governed by the laws of Queensland, Australia. 

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