PRODUCT TERMS AND CONDITIONS

Please read this information carefully.

The download or submission of an order of Products to Mary-Kyri by you indicates an acceptance of and agreement to be bound by these Product Terms and Conditions. If you do not agree with the Product Terms and Conditions do not download or submit any orders for Products. Mary-Kyri suggests that if you have any queries in relation to the Product Terms and Conditions that you seek your own independent legal If any provision of this Agreement is for any reason found by a court of competent jurisdiction to be unenforceable, the remainder of this Agreement shall continue in full force and effect used in an unauthorised manner. Australian residents are liable for GST on the Products unless you are able to provide a declaration that you are not in Australia at the time of making the purchase.

1. Mary-Kyri Pty Ltd trading as Mary-Kyri (“Mary-Kyri”) agrees to supply and you agree to purchase the products (“Products”) subject to these terms and conditions (“Agreement”). The terms of this Agreement state all of your rights and remedies with respect to your purchase of Products from Mary-Kyri.
2. Cancellation of purchase orders is not acceptable once purchase of order has been accepted.
3. The Price for the Products are listed in the Price List appearing in this website from time to time.  All Prices on this site are referred to in Australian dollars. Prices do not include any federal, state, municipal or other foreign government duties or taxes (such as sales, goods and services tax, etc, unless otherwise stated).  All such amounts unless otherwise stated will be in addition to the Price stated in this website.
4. All payments to Mary-Kyri for Products are to be made using the method prescribed. Acceptable credit cards are Visa, Mastercard, American Express. Mary-Kyri uses the PayPal system. For PayPal terms and conditions go to https://www.paypal.com/. Mary-Kyri will not be responsible for any damages, consequential losses (whether direct or indirect) you suffer if your credit card is fraudulently used or is used in an unauthorised manner. Australian residents are liable for GST on the Products unless you are able to provide a declaration that you are not in Australia at the time of making the purchase.
5. Return of product is governed by policy specified in the “Returns and Exchanges” outline allowing for genuine manufacturing fault (which does not include those possible minor imperfections generally found in a hand-made product). Contact for return is made by completing an on-line “Request Return Shipping Form” and return of product by you, once approval is given, must be completed within 21 days of delivery of goods. On receipt by Mary-Kyri the product must be found to be packaged and in the same condition as that dispatched.
6. Dispatch of purchased product or services to you will be as outlined in “Shipping Times and Charges” unless otherwise advised and will be dispatched to the address given on the Order Confirmation. Delivery deemed complete and product released on signing of receipt of product wherein title and risk of loss will transfer to you. Orders returned marked “undeliverable” will be held for seven working days to enable confirmation of delivery address. After which time goods will be returned to warehouse. Claim for re-delivery or re-imbursement will be available at your cost for period of three (3) months from date of purchase, excepting any issues  or claims regarding warranty entitlements.
7.  Mary-Kyri shall not be liable for any failure in delay of delivery  where such failure or delay is due to any force majeure event including but not limited to freighting companies schedules; customs and import duties of country of import, natural disasters, any act of god, act of nature, any epidemic or outbreak on pandemic disease, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw material, energy or other supplies, labour disputes of whatever nature or whatever reason beyond the control of Mary-Kyri. In the case of such events, Mary-Kyri shall be entitled to a reasonable extension of time for the performance of its obligations.
8. To the full extent permissible under applicable law, Mary-Kyri expressively disclaims all warranties express or implied of any kind with respect to the Products, including warranties of merchantability and fitness for a particular purpose.  Some jurisdictions limit or do not allow the disclaimer of implied or other warranties and the above disclaimer shall not apply in those jurisdiction to the extent such laws are applicable to this Agreement.
9. Mary-Kyri and their directors, officers, employees, consultants, agents or other representatives shall not be liable for any damage, loss or expense of any kind arising out of or resulting from your purchase of the Products regardless of whether such liability is based in tort, contract or otherwise. Some jurisdictions limit or do not allow an exclusion of liability and the above exclusion of liability shall not apply in those jurisdiction to the extent such laws are applicable to this Agreement.
10. In the case of such events, Mary-Kyri shall be entitled to a reasonable extension of time for the performance of such obligations. In no event shall Mary-Kyri or their directors, officers, employees, consultants, agents or other representatives be liable to you for any indirect, special, incidental, consequential or punitive damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction or interruption of business), regardless of whether Mary-Kyri or their directors, officers, employees, consultants, agents or other representatives have been advised of the possibility of such damages.
11. Notwithstanding Clause 10, Mary-Kyri limits its liability in the case of the product to the replacement of the product or the supply of equivalent product, or the repair of the product, or paying of the costs for replacing the product or acquiring equivalent product, or the payment of the cost of having the product repaired. If the foregoing are held to be unenforceable, the maximum liability of Mary-Kyri and their directors, officers, employees, consultants, agents or other representatives to you shall not exceed the amount of the price paid by you for the Products. Some jurisdictions limit or do not allow a limitation of liability and the above limitation of liability shall not apply in those jurisdiction to the extent such laws are applicable to this Agreement.
12. You represent and warrant for the benefit of Mary-Kyri that you:
    1. are at least 18 years of age;
    2. possess the legal right and ability to enter into this Agreement and make the credit card payment on your own behalf or on behalf or any person for whom you are acting as agent and/or that you are authorised to do so; and
    3. all information that you submit is true, accurate and current.
13. Whilst Mary-Kyri takes every precaution in the preparation of its circulars, price lists and its other literature these documents are for your general guidance only.  You acknowledge that you have not relied on any representation made by Mary-Kyri which has not been stated expressly in this Agreement or upon any circulars, price lists or other literature produced by Mary-Kyri.Mary-Kyri employees or agents are not authorised to make any representations concerning the Products unless such representations are confirmed by Mary-Kyri in writing.
14. You acknowledge that you are purchasing Products from the Internet and that there may be some minor variation from the display on the website to the Product you receive. Minor miss-match to the product may result from a member’s perception of/to descriptions and photographs and colours that may vary due to computer colour settings.
15. You agree that in the event you have any complaint associated with Mary-Kyri that you will comply with the following complaint process:-
    1. You will contact Mary-Kyri forthwith and outline your complaint in writing advising all relevant details.
    2. You will allow Mary-Kyri 30 days in which to respond to your complaint in writing thereafter you will enter into good faith discussions with Mary-Kyri to resolve such complaint.
    3. In the event that a satisfactory resolution to the complaint cannot be achieved you will enter into mediation with Mary-Kyri for resolution of the complaint prior to pursuing any legal action to the extent permitted by law.
16. If a dispute arises between the parties, including the non-resolution of a complaint as referred to in clause 9.1 you agree that no court proceedings in relation to the dispute will be taken by you unless the following mediation process has been completed:-
    1. You must advise Mary-Kyri of any dispute by written notice adequately identifying and providing details of the dispute, referring to any documentary evidence of the matters claimed in the dispute and designate a representative who has authority to negotiate and settle the dispute.
    2. Within 28 days after receiving the notice referred to in clause 10.1 Mary-Kyri must respond to the notice providing details and referring to any documentary evidence in support and designate a representative who has authority to negotiate and settle the dispute.
    3. Within 20 days of receiving the notice from Mary-Kyri, you and Mary-Kyri must negotiate and endeavour to settle the dispute.
    4. If the dispute is not settled within 30 days of the attempts to negotiate and endeavour to settle the dispute as provided in clause 10.3 an independent mediator with relevant experience of the matter in dispute will be appointed by agreement, or failing agreement, a person appointed by the President of the Law Society of South Australia will be appointed to mediate the dispute.
    5. If within two months after the date of the mediator’s appointment the dispute has not been resolved, either party may by notice in writing terminate the mediation process and seek such remedies as they decide.
    6. Except in relation to urgent injunctive relief, you agree that you will not commence court proceedings or arbitration unless you have first complied with the dispute resolution provisions contained in this clause.  You agree that this agreement may be pleaded as a bar to any court action commenced prior to the termination of the mediation process.
    7. In any case, you shall bear your own costs for the mediation and pay one-half of the costs of the mediator.
    8. You acknowledge any exchange or information or documents of the making or any offer or settlement pursuant to this clause is an attempt to settle the dispute between the parties.  Neither you nor Mary-Kyri may use any information or documents obtained through the dispute resolution process for any other purpose.
17. You shall not assign or transfer or purport to assign or transfer this Agreement or the benefits thereof to any other person without the prior written consent of Mary-Kyri and payment of any applicable fee.
18. Mary-Kyri shall not be liable for any failure by it to perform this Agreement, or for any loss and damage suffered by you in consequence thereof which failure arises from any cause whatsoever beyond the control of Mary-Kyri, including (but not being limited to) computer, communication or network failures, fire or other accident, strikes or other labour disputes, inability of Mary-Kyri’s supplier to deliver materials or finished products, any computer virus introduced by a third party to the product supplied by Mary-Kyri to you, or any other law, proclamation, regulation or ordinance or any government agency.
19. This Agreement shall be governed by and construed in accordance with the laws in force in South Australia and all disputes arising in connection with this Agreement shall be submitted to the jurisdiction of the relevant court of South Australia. Mary-Kyri has no physical presence or permanent establishment in the United States of America or any jurisdiction other than Australia.
20. No failure or delay by any of the parties in exercising any right, power or privilege will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
21. If any provision of this Agreement is for any reason found by a court of competent jurisdiction to be unenforceable, the remainder of this Agreement shall continue in full force and effect
22. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter.  No waiver by either party or any breach or default hereunder shall be deemed to be a waiver of any proceeding or subsequent default or breach.  Mary-Kyri may freely transfer, assign or delegate all or any part of this Agreement and all rights and duties thereunder, without the requirement of consent.  This Agreement will be binding upon and inure to the benefits of the heirs, successors and permitted assigns of the parties.  Headings and sub-headings are for clarification purposes only and do not form part of these terms and conditions.
23. Mary-Kyri Contact Information:

Mary-Kyri Pty Ltd ACN 116 050 581 ABN 31 116 050 581  trading as “Mary-Kyri”