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Terms & Conditions

Terms & Conditions

Terms & Conditions of the Marshmellow Website. Accessed from www.marshmellow.com.au. This Website is owned and operated by Marshmellow Pty Ltd (ABN 52145288964), trading as Marshmellow.

The following Terms and Conditions govern the use of the Marshmellow Website, the materials and information contained therein and related services made available to you via this Site. If you do not agree to these Terms and Conditions, please do not visit or use the Site. Once you visit the Site you are deemed to have accepted these terms and conditions. Marshmellow may from time to time change the Terms & Conditions of use.

GENERAL DISCLAIMER

Marshmellow, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a Linked Website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

EXCLUSION OF LIABILTY AND OVERALL DISCLAIMER

The materials and information provided on this Site and related communications are provided on an “as is“ basis. Marshmellow assumes no responsibility for, and makes no representations to you or any other person with respect to, the accuracy of the information on this Site. Any reference to products or services on this Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Marshmellow. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), Marshmellow expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. Marshmellow shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Marshmellow is expressly advised of the possibility of such loss or damages.

The Terms and Conditions are effective until terminated by Marshmellow and Marshmellow may terminate this agreement and your access to the Site at any time without notice.

PRIVACY POLICY

It is your responsibility to read and familiarise yourself with the Marshmellow’s Privacy Policy.

To place an order with Marshmellow you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. You must not use this Site if you are without the consent of your parent or guardian who has read and agrees to Marshmellow’s Privacy Policy and Terms and Conditions.

You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect Marshmellow or its users.

Marshmellow shall only share your personal data with companies and organisations in order to enable us to perform credit checks and to process your order. You hereby consent to us doing so.

You should not send any information or material that you consider to be confidential or proprietary, to Marshmellow or any other person, through this Site. You are deemed to grant to Marshmellow an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. Marshmellow is free to use any ideas or techniques that you send to Marshmellow, for any purpose.

USE OF THE WEBSITE

You will be required to register to use some of the features on this Site. We may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your information change, please notify us immediately, via our contact page.

If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us

When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.

CANCELLATION

We may cancel an order if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product.

Cancellation by Customer (Non-Faulty Product)

If you wish to cancel your order please contact our Customer Service Team on (02) 93874043 . No cancellation fees apply. Once an order has been dispatched it may not be cancelled.

COPYRIGHT

You must comply with all proprietary and copyright notices on this Site. This Site is owned by Marshmellow and its associates, and is subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:

1. Copy, print or publish works from any information or material on this website;

2. Alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this website which can be accessed through this website; or

3. Use or apply, for commercial purposes any material or information on this website, without written consent of Marshmellow.

All trademarks, brands and names appearing on this Site are the property of their respective owners.

Nothing contained on this Site should be construed as granting any license or right of use of any trademark or part of any trade mark displayed on the Site without the express written permission of Marshmellow or a third party owner.

YOUR ACTIVITY

You use marshmellow.com.au at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

GIFT OR PROMOTIONAL VOUCHERS

Conditions for the redemption of gift vouchers – You may purchase gift vouchers for use on the Site by you or other Customers. These gift vouchers will be sent by email. Gift vouchers cannot be used to buy further gift vouchers. Gift vouchers may only be purchased through debit or credit card or Paypal. The credit of a gift voucher does not accrue interest nor does it have a cash value. If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through payment. Please note that only one gift voucher can be used per order.

Gift Vouchers will be valid for 6 months from date purchased.

Conditions for the redemption of promotional vouchers -  We may release promotional vouchers that may be used on the Site, which we will send to you by email. Promotional vouchers can only be redeemed on the Site. Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual brands may be excluded from voucher promotions. If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you. The credit of a promotional voucher does not accrue interest nor does it have a cash value.

When using the Marshmellow ‘Voucher’ service Marshmellow relies on you, the customer, to provide consent for the use of the voucher to carry out delivery of their order. When you provide us with personal information about the intended recipient of a shipment, we use that information for the purposes of processing the shipment and, to communicate with the intended recipient to provide information of the status of the shipment. We rely on you to provide, and be responsible for, the intended recipient’s consent. We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.

SIZING

The ‘measurements’ and ‘fit guide’ are provided as a guide only and should be treated as such. The ‘size’ stated for a product on the Site is only a general guide as to the physical measurements of the product. Marshmellow excludes any warranties, terms or conditions that the ‘sizes’ stated in relation to the product conform to any particular standard; or that the ‘size’ for a particular type or range of product corresponds with the ‘size’ of another type or range of product.

DELIVERY

Please ensure that the shipping address details provided for your order are correct. Marshmellow is not responsible for incorrect addresses, refused shipments, or unclaimed parcels. Parcels returned to Marshmellow by our Courier Company for any reason will be subject to a returned freight charge of $15 of which you will be liable for payment of such charge.

On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.

Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.

You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.

LINKS AND THIRD PARTY REPRESENTATION ON THIS SITE

Marshmellow makes no representations or warranties about any other website which you may access through this Site (“Other Website”). When you access any Other Website, that Other Website is independent from this Site, and Marshmellow has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Site. Other Websites are not under the control of Marshmellow, Marshmellow is not responsible for the accuracy of any information on any Other Website. Marshmellow does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.

Marshmellow expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, Marshmellow is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Marshmellow has been expressly advised of the possibility of such loss or damages.

You hereby agree to indemnify, and keep indemnified, Marshmellow in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.

Subject to any non-excludable provisions of the Trade Practices Act, 1974, Marshmellow disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Site, or offered for sale on this Site by any Third Party.

Product information in relation to products referred to in this Site has been provided by the respective manufacturers of the relevant products. Product information and illustrations are published with the permission of the relevant manufacturer and/or owner of that product.

AMENDMENT TO THE GENERAL BUSINESS TERMS AND CONDITIONS

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

Marshmellow is located at shop 4 156 Edgecliff Rd Woollahra Sydney Australia 2025

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