MERCHANT CAMPBELL TERMS OF SERVICE OVERVIEW
This website is operated by Merchant Campbell. Throughout the site, the terms “we”, “us” and “our” refer to Merchant Campbell. Merchant Campbell offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. For a brief summary of Merchant Campbell’s SHIPPING POLICY; RETURNS POLICY and IMPORTANT INFORMATION, please follow the links on the homepage.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 3 Payment options Merchant Campbell offers the following payment options for purchases from our eboutique: Visa, MasterCard, AMEX, PayPal and ApplePay. Item availability Merchant Campbell offers its merchandise in good faith that the items are available at the time of purchase. Merchant Campbell endeavors to ensure stock availability is accurate at all times, but from time to time items may be sold out before stock is updated. Merchant Campbell proudly sources unique products from around the world (including Australia) that are often, vintage, repurposed or handmade by artisans and small, family-run businesses. With this in mind, we are unable to guarantee that product features, such as shape, colour, pattern, weave and size, will always be identical from item to item. They may have marks and flaws which are an inherent part of their provenance and are not faults. Merchant Campbell makes every effort to accurately display the colours and features of its products online, but they may vary. Gift cards Gift Cards are treated as cash and cannot be replaced if lost or stolen. Gift Cards may only be used for purchases in-store at Merchant Campbell and cannot be returned or exchanged for cash. Gift Cards cannot be redeemed online. No change is given and any balance that remains on the card can be used in whole or part against future purchases in-store at Merchant Campbell. Gift Cards expire 3 years after issue. Any balance that remains on the Gift Card after expiry will not be available for use. Gift wrapping Complimentary gift wrapping is offered, but does not apply to sale items.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 4 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY
LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Merchant Campbell, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort 6 (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Merchant Campbell and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 7
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of both 85 and 287 Comur St, Yass, NSW, 2582, Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
PERSONAL INFORMATION WE COLLECT
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: Communicate with you; screen our orders for potential risk or fraud; and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). We use the third-party app, Privy, to offer you personalised discounts (i.e. 10% off your first order).
SHARING YOUR PERSONAL INFORMATION
Merchant Campbell respects your privacy and maintains the privacy of your information. Merchant Campbell will not provide any details about you to third parties outside the running of our business unless required to do so by law. We only share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. We use Privy, to offer you personalised discounts (i.e. 10% off your first order) – you can read more about how Privy uses your Personal Information here: https://www.privy.com/data-promise. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com or by mail using the details provided below: PO Box 500, Yass, NSW, 2582, Australia
MERCHANT CAMPBELL SHIPPING AND RETURNS POLICY SHIPPING
We ship Australia wide. Please allow 2–3 working days for delivery to metropolitan areas for orders placed during business hours. For regional locations, WA and sale orders, please allow 3–10 working days. Merchant Campbell uses Australia Post Parcel, unless Express Post shipping has been selected. 9 If you have selected Express Post shipping, assuming your address lies within the Express Post network and you have purchased within business hours (see below), Express Post orders will arrive in 1–2 business days. We recommend shipping to your daytime address where applicable. Orders are dispatched on business days and during business hours, Monday–Friday, 10am–5pm AEST. Merchant Campbell prioritises fast dispatch for online customers. Due to our regional location, delivery times listed above are an estimate only and we will not be liable for any delay in delivery. All orders placed on a Public Holiday will be dispatched the following business day. Merchant Campbell does not ship internationally.
Merchant Campbell strives to provide our customers with goods of the highest quality. We are happy to offer your choice of store credit, refund or exchange on full-priced items that are returned within 14 days of receipt of purchase (see How to Make a Return, below). Shipping and handling charges will remain your responsibility. Alternatively, you may return or exchange online purchases at no cost to you by bringing them into the store. To be eligible for a return, products must: • Have original tags attached and, when applicable, remain in original packaging • Be unwashed and unaltered • Be returned within 14 days of delivery date • Include the original invoice or receipt as proof of purchase • Be accompanied by an RA number (see How to Make a Return, below) Alternatively, Merchant Campbell will provide you with a refund at our discretion in the unlikely event that items: • Are faulty (unless caused by you) • Have been incorrectly described • Are different to the goods that you ordered ***We cannot issue a refund for gift cards. For hygiene reasons, earrings may not be returned. We ask you to consider this before purchasing these items. In accordance with Australian Consumer Law, Merchant Campbell is not required to offer refunds for sizing or change of mind; returns will be approved at Merchant Campbell’s discretion. Merchant Campbell reserves the right to refuse returns on any items that appear worn, altered or washed. Merchant Campbell proudly sources unique products from around the world (including Australia) that are often, vintage, repurposed or handmade by artisans and small, family-run businesses. With this in mind, we are unable to guarantee that product features, such as shape, colour, pattern, weave and size, will always be identical from item to item. They may have marks and flaws which are an inherent part of their provenance and are not faults. Merchant Campbell makes every effort to accurately display the colours and features of its products online, but they may vary. 10 Returns for Sale Items Merchant Campbell does not accept returns on any sale items unless deemed faulty. This includes flash sale items. Returns of Items Marked as Gifts If you’ve received an item as a gift, shipped directly to you, (i.e. the product was marked as ‘gift’ at checkout by the gift-giver/purchaser) you will be issued a store credit for the value of your return. If the product was not marked as a ‘gift’ at checkout, we will need to notify the purchaser of the return and will issue them the refund. Return Shipping We recommend that returns be posted via registered Australia Post. In returning your item, you assume risk of loss, theft and damage of goods, so Merchant Campbell advises that products are sent with tracking. Please note that shipping and handling charges are non-refundable. Any costs incurred for shipping out of exchanged items will be charged to you.
HOW TO MAKE A RETURN
Email Merchant Campbell at firstname.lastname@example.org to notify us of your intent and reason to return, keeping in mind conditions of return as stated above. If you are eligible for a return you will be emailed a Returns Authorisation Number (RA#) and a Returns Form, which you must fill out and include in the parcel along with proof of purchase. Please indicate whether you wish to exchange the item, receive a store credit or obtain a refund. Please address all returns to:
Attn Customer Care: RA#___________
PO Box 500, YASS,
(02) 6226 1240
Once your return is received and inspected you will be notified via email. We will also notify you of the approval or rejection of your refund. If you are approved, your refund will be processed and a credit automatically applied to your credit card or original method of payment. It may take some time before your refund is officially cleared. Please check your bank account or contact your bank before contacting us. This returns policy applies to our online store only Relevant links: Consumer rights: https://www.accc.gov.au/consumers/consumer-rightsguarantees/ repair-replace-refund Exceptions to consumer guarantees: https://www.accc.gov.au/consumers/consumerrights- guarantees/consumer-guarantees#exceptions-to-guarantees