TERMS AND CONDITIONS
This website is owned and managed by Mediterranean Markets Pty Ltd, 7 Westside Ave Port Melbourne Victoria 3207 Australia (henceforth referred to as “Mediterranean Markets") ABN 22096470012. You may only view and use this website on the condition that you agree to these Terms and Conditions of Use (“Terms"). References to “us", “we” and “our” mean Mediterranean Markets and include its related bodies corporate and associates (including Ivory House and Durance brands and trademarks) as those terms are defined in the Corporations Act 2001 and references to “you" and “your” means you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.
Goods listed on our site are available for purchase online by telephone, facsimile or email. Not all items are available and in stock for immediate dispatch. Any items not available for dispatch will be placed on backorder and sent when available. You can ask us to delete any or all backordered items at any time but if you do not and we send them you are deemed to have confirmed the order for these products. Normal freight charges apply for all backordered items.
All opening orders are treated on a proforma basis i.e. they are paid for in full before dispatch. We will send you an invoice upon receipt of your order and will dispatch soon after receipt of your payment. We do not invoice you for items not able to be dispatched (ie items on backorder).
The minimum opening order is A$500 (not including freight & GST which will be added by us to your invoice). Prices on this website are wholesale and as such do not include GST. Most items are only available to order in minimum quantities and multiples as noted next to each item. Freight costs also need to be added unless alternative arrangements (including collection from our warehouse) are made.
Using this website to make an order is an offer to purchase our goods. We may accept your order by processing your payment and organising delivery of the goods to your delivery address or may, for any reason (including circumstances where we already have stockists of the same products in your immediate area, have insufficient goods to fulfil the order or where the goods ordered have been discontinued), decline to accept your order or any part of your order. No order will be considered accepted by us until confirmed and processed by us and delivery or collection arranged. If we are unable to your order, we will attempt to notify you using the telephone number or email provided on your order form.
All prices on the website are in Australian currency. All prices were current at the time of publication on the website, however errors and omissions can occur so we reserve the right to make changes if and when necessary. If the price of goods ordered is higher than that quoted on the website, we will advise you and if you do not wish to proceed with the order you can cancel at any time prior to dispatch. All prices are net prices [including GST] and will incur additional freight charges if and when applicable
Returns and credits are only accepted if authorised by us.
Claims: All claims must be made in writing, preferably by email (email@example.com) to our head office with a photograph of the goods, specifying the reason for the claim, within 7 days of receiving the goods. Products authorised for return must be returned in the original boxes with the correct supporting paperwork provided by us. Failure to claim within 7 days constitutes full acceptance of the goods.
Returns: You agree that we cannot warrant that a Product you decide to order is appropriate for you or suits your needs, and only you know the purpose for which you intend to apply a Product you order and that we are not responsible for the choice you make regarding the product that you order;
If we agree to accept the return of any goods, they must be in their original packaging and carton. You must organise and pay for the freight costs of the return, and any damages are your responsibility and will be invoice to you as necessary.
Freight and Delivery
Orders will be sent via our nominated carrier on your behalf and all freight costs are invoiced directly to you. Any delivery dates are given in good faith having regard to known conditions at time of dispatch and we will endeavor to meet your specific order and delivery dates. However, delivery time is subject to possible changes in shipping schedules, strikes, carrier delays, accidents etc. and we are not liable for damages or penalties arising from delays in delivery. If you wish to organise your own freight and/or collection from our warehouse, you accept full liability for the goods from the time they are collected from us and we accept no liability for the carriage or delivery of the goods.
In the case of deliveries to Tasmania, we may elect to send your order to the Nielson & Johnson depot in Melbourne. In this case we will only invoice you for the local freight to their depot – you will receive a separate charge from them for delivery to you from their depot.
If you are unable to accept delivery, or our courier is unable to deliver your order during normal business hours, redelivery charges will apply.
Please provide clear delivery instructions for delivery during business hours between Monday and Friday. Any special delivery instructions must be advised prior to dispatch (preferably at the time of ordering). If no one is available to sign for the goods, the freight carrier will leave a note at the delivery address and the goods will be returned to the carrier’s local depot.
You can opt to give us an ‘Authority to Leave’ where we authorise the carrier to leave the order unattended at your address if no one is available to receive the delivery. But this is entirely at your risk and neither Mediterranean Markets nor the transport company assumes any responsibility for damaged or missing items.
Faulty or Damaged Goods
If goods have been damaged in transit we will provide replacements, offer a discount or provide a refund. You must email or text us photographs within 7 days of receipt. If you have arranged your own freight carrier we will not be liable for any damage in transit. If your goods have a manufacturers fault, you must also notify us within 7 days – again please provide a photograph via email.
If incorrect goods have been delivered to you please notify us within 7 days and we will arrange for the collection of the incorrect goods and replacement with the ordered goods, or alternate action to satisfy you.
Colours of products shown may vary from the actual colour of the item you purchase. This is due to variance in colours used by computer monitors and we will cannot offer a refund due to colour variation.
We will occasionally send out an email update / newsletter (usually no more than 4 times per annum). By subscribing to this website you agree to receive this newsletter.
Copyright of website material
All of the material on and in relation to the website is and remains our property at all times, or in the case of some material, a third party. You are permitted to copy the images contained in the website for commercial use, but must confirm its use in writing (via email to firstname.lastname@example.org) prior to this, and we only grant you permission to use images for items you have specifically purchased already from us, not products that you plan, hope or expect to purchase. At any stage you also agree to cease and desist using the said images at any time as direct by Mediterranean Markets. Otherwise you are not permitted to reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website except for your own private, non-commercial use. Any other use of the website material constitutes a breach of our copyright and other proprietary rights.
User Names and Passwords
If we give you a user name and password to access of this website, you must keep that user name and password confidential and not disclose it to any other person. Nor may you permit any other person to use that user name and password.
Changes to Pricing
Mediterranean Markets makes every effort to ensure that our pricing listed on our website is correct and up to date. In the event that the price of any or all of the items is different to that that quoted on our website we will contact you immediately by email or phone to advise of such change. You can opt to not continue with all or part of your order at this stage.
All prices displayed on the website are exclusive of Goods and Services Tax (GST) applied at a rate of 10%.
Changes or cancellations to your order
You may change or cancel your order at any stage without penalty prior to its dispatch by us. If it has already been dispatched you agree to pay our reasonable expenses incurred prior to your cancellation or changed order including but not limited to the freight charge in both directions and any administrations costs we incur.
Retention of Title
Property of the goods does not pass to you until you have paid all monies owing to us in full. Risk in the goods passes to you at the time the goods are delivered to the delivery address provided by you, unless you have organised your own freight, where the risk passes to you when the goods are picked up from our warehouse.
We are the owner or authorised user of all intellectual property in and associated with this website. We are also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.
Nothing contained in the website should be construed as giving you any right in or license to any of the intellectual property, trade marks, logos, names or designs, whether registered or unregistered, associated with the website.
Limitation of liability
To the fullest extent permitted by law, we exclude any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from:
1. your use or misuse of the website or any material on the website;
2. your inability to access or use the website or any material on the website;
3. the loss or modification of information or material transmitted to or from the website;
4. the loss of confidentiality in any information or material transmitted to or from the website;
5. any defect, technical problem or virus attached to or arising from the website or the server;
6. the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
7. any injury or illness you or any other person sustains as a result of the use of the website; and
8. the products displayed on the website being unavailable at any time.
If we breach any term, condition or warranty which is implied by law and cannot be lawfully excluded, our liability for a breach of the applicable term, condition or warranty is limited to, at our election:
1. the resupply of the relevant product; or
2. supply of some equivalent product; or
3. repair of the product; or
4. the payment to you of the cost of having the relevant product replaced, amended or supplied again.
You further agree that:
1. to the extent that we are not prohibited by law from limiting our liability, then our liability is limited in the same manner above including in respect of any liability that arises as a consequence of our negligence;
2. our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
3. we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
1. because the product you order is not suitable for its intended purpose or does not suit the relevant circumstances;
2. because you fail to obtain formal advice from a professional adviser concerning whether the product you choose is suitable for its intended purpose or is suitable for particular circumstances;
3. because of the answers you provide to questions asked of you when using our service;
4. because you modify the products after they are provided to you; or
5. because you breach these terms and conditions in some other way. You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our service
You also agree to indemnify us, our subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.
Changes to the Terms
We reserve the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the Terms.
These Terms will be governed by and construed in accordance with the courts of Victoria. You submit to the non-exclusive jurisdiction of the courts of Victoria.
Severance of clauses
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
Competition and Consumer Act 2010
The parties acknowledge the provisions of the Competition and Consumer Act 2010 and agree that these terms are fair and reasonable and are not detrimental to any party.