TERMS AND CONDITIONS
Before placing an order, we kindly ask you to read the following terms and conditions:
- This website is operated by MM Rose Retail Enterprises Pty Ltd trading as Melon Premium Gifts (ABN 72 618 825 595) (hereafter referred to as Melon Premium Gifts/We/Us/Our).
- By placing an order, you accept Melon Premium Gifts’ offer to sell you the Goods and agree to be bound by these terms and conditions (Terms).
- Melon Premium Gifts reserves the right to change these Terms at any time.
In these Terms, ‘Good’ or ‘Goods’ refers to any items that are displayed by Melon Premium Gifts and that you have agreed to purchase by way of placing an order.
- All payments must be made in full at the time of placing the order, unless agreed otherwise in writing.
- Melon Premium Gifts accepts payment via Visa, MasterCard, Amex and PayPal.
- Payments must be in Australian dollars (AUD).
- Melon Premium Gifts reserves the right to change the mode of payment at any time.
- To the extent permitted by law, Melon Premium Gifts will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any unauthorised use of Visa, MasterCard and AMEX and any unauthorised access to a PayPal and Bank account.
- Melon Premium Gifts will not be held liable or responsible for any additional charges imposed by your bank, especially in the case where your purchase involves foreign exchange transactions.
4. Prices, GST and Taxes
- All prices on the Melon Premium Gifts website are in Australian Dollars and they include GST (except where indicated otherwise).
- All prices are exclusive of shipping charges. Shipping charges will be displayed at checkout before you place the order.
- For international orders, by placing an order, you agree to pay the stated price (plus any shipping or handling charges) in Australian Dollars for all orders. You agree to pay any additional charges or taxes incurred (including any custom duties) if applicable to the sale or delivery of the Goods.
- Melon Premium Gifts reserves the right to change the prices of Goods at any time before your purchase without notice to you.
5. Refund Policy
Pursuant to the Australian Consumer Law:
- If there is a minor problem with your Goods, Melon Premium Gifts may repair the Goods instead of offering you a replacement or a refund.
- If there is a major problem with the Goods, a refund or replacement may be available.
- Melon Premium Gifts does not offer refunds if you change your mind or make an incorrect choice.
- Unless Melon Premium Gifts is required to do so under the Australian Consumer Law, you will be responsible for the costs of returning the Goods to Melon Premium Gifts.
- Melon Premium Gifts is happy to exchange the Goods if you change your mind or make an incorrect choice.
- All requests for exchange must be made within 7 days of the purchase and must be agreed in writing before the Goods are returned.
- All requests for exchange must be made via email at email@example.com or by using the Send us a message
- For the purposes of exchange, the Goods must be returned in original packaging and arrive in undamaged condition. Exchange will not be offered for Goods that arrive in damaged condition and/or without original packaging.
- If you exchange the Goods due to you changing your mind or incorrect choice, you will be responsible for the costs of returning the Goods to Melon Premium Gifts.
- We will charge a $5.00 administration fee for exchanging the Goods, due to you changing your mind or incorrect choice, to cover the administrative costs of sending replacement Goods. Shipping costs will be additional to this fee.
All sales are final and orders once placed and paid for cannot be cancelled. Therefore, please review your order carefully prior to purchase.
8. Out of stock items
- Melon Premium Gifts will contact you in the event that you have purchased a Good/s that is out of stock or unavailable.
- We will discuss with you your options for choosing an alternative Good/s or where possible putting an order in for the original Good/s. If you choose to put in an order for the original Good we will give you an estimated time for filling the order.
- If neither of these options suit, Melon Premium Goods will also allow you to cancel your order with a full refund given.
- If a Good is out of stock, then you can express an interest for that Good via email at firstname.lastname@example.org or the Send us a message We will contact you when the Good becomes available.
9. Product care
If you have damaged the Goods yourself, or you have failed to take proper care of the Goods we may not be able to provide you with a repair, refund or replacement. We advise to read our care instructions on our product page for our recommendations prior to purchasing our products.
- Aside from the obligations under the Australian Consumer Law or any applicable State fair trading laws, Melon Premium Gifts does not provide any additional warranties in respect of the Goods.
- Please notify us of any damaged Goods as soon as possible by emailing us at email@example.com.
11. Processing, Shipping and Delivery
- When you place an order with us, we will let you know the estimated time to complete the order and deliver the Goods.
- Goods are generally shipped within 2 business days of the order being placed.
- In the unlikely event of unexpected delays, Melon Premium Gifts will endeavour to inform you of such delays.
- An estimate of shipping costs will be provided to you at the time of placing the order. Queries about shipping may be directed to firstname.lastname@example.org.
- Melon Premium Gifts uses Australia Post to deliver your order, offering both standard and express shipping. By placing an order for Goods, you agree that your details, such as name, contact numbers and delivery address will be disclosed to Australia Post.
- You agree to within 24 hours of receiving the Goods:
- inspect the Goods; and
- notify Melon Premium Gifts of any damage or defect of the Goods.
- Failing to notify Melon Premium Gifts of any damage or defect in the Goods within 24 hours of receiving the Goods, you will be deemed to be satisfied that the Goods were not damaged or defective on delivery of the Goods.
12. International shipping
We do ship our Goods internationally. Shipping rates are based on location. If you are located overseas, then we recommend that you get in touch with us at email@example.com to discuss your order and shipping.
13. Limitation of liability
- Under no circumstances, and howsoever arising, will a party be liable to the other party for any special, indirect, consequential or punitive damages, including, but not limited to, loss of profits, loss of business opportunities, or loss of goodwill, even if advised of the possibility of such damages.
- To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the aggregate liability of Melon Premium Gifts under or in connection with this Agreement, howsoever arising (including by reason of tort, negligence, breach of contract or otherwise), shall not exceed the amount paid for the Goods.
14. Social Media
- We currently operate and manage social media accounts on Facebook and Instagram and we may use other social media channels in future.
- Melon Premium Gifts does not endorse the opinions expressed by the users on its social media pages.
- By submitting content, you agree that Melon Premium Gifts may use and reproduce this content including your name, for testimonial, or other purposes in any media and without any compensation to you. Any content you submit must be your original work.
- You must not post any material that is defamatory, derogatory, racist, sexist, unlawful, obscene, infringing any third party’s intellectual property rights, breaching someone else’s confidentiality or privacy, misrepresenting your relationship with us or this website, misleading, false or deceptive on our social media pages.
- Melon Premium Gifts reserves the right to edit or remove content that violates these Terms and to block your access to our page.
15. Availability of this website
From time to time, down-time on this website, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.
16. Links to third party websites
This website may contain links to other websites that are operated. Unless stated otherwise, this website does not control, endorse, sponsor or approve such third-party websites or their contents, nor are we liable and responsible for any loss or damage that you may suffer as a result of your visits to any third-party websites.
17. Interference with this website
You agree not to make or attempt to modify, hack, remove, deface, add or otherwise interfere with this website or to any material or content posted on this website.
18. Your use of this website
- You are provided with access to and are authorised to download material contained on this website for your personal use only.
- You may not, without our written permission, onsell any information obtained from this website, use any data mining robots, other extraction tools, metatags or mirror the website.
- Further, you must take your own precautions to ensure that the process which you employ for accessing this website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer software.
- Melon Premium Gifts takes no responsibility for any interference or damage to your computer system that arises out of or in connection with your use of this website.
19. Intellectual Property
- All text, graphics, logos, icons, images, photographs and drawings that feature on any of the Goods are protected under Australian and International copyright law. You must not reproduce, store, adapt, distribute, display, publish, or create similar works from them.
- If you upload any material or content on our website or social media accounts, you grant us an irrevocable, royalty-free licence to use and reproduce that material or content. Having said that, Melon Premium Gifts does not claim ownership of intellectual property rights in respect of our user content.
20. Subscriptions and email list
- From time to time, we email our account holders advance notice of sales, new collections, launches and other news.
- The email addresses we collect are only used internally for the purposes as stated above.
- We respect your privacy rights and will not sell or rent your email address to other companies.
- If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.
- If any provision of these Terms is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the Terms will remain in full force and effect.
- These Terms shall be construed in accordance with and governed by the laws in force in the State of New South Wales.