Information

Terms & Conditions

Welcome to the M-One-11 website terms and conditions. Please read through them carefully before placing your order. By using this website and/or placing an order you agree to be bound by the terms and conditions set out below

Last Updated November 2011

Definitions

"Conditions" means these terms and conditions;

"Contract" means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of such Order;

"International" means countries other than the Australia

"Order" means an order placed by You via this Website for one or more Products;

"Personal Information" means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and card details;

"Product" means any product advertised on this Website;

 "We/Us/Our" means Mone11 and Empire Brands Pty Ltd of 40-46 Robbs Road, West Footscray, Victoria, 3012, Australia.

"Website" means Mone11.com.au which is operated by Us;

"You/Your" means a user of this Website.

USE OF THIS WEBSITE

Application of these Conditions

These Conditions apply to use of this Website and are the terms and conditions on which We will supply any of the Products to You and by proceeding further and/or placing an Order You agree to be bound by the Conditions,. If You do not agree to be bound by them, You should leave this Website now.
Please click on the button to mark your acceptance of these Conditions before placing an Order. If You accept them. Please understand that if You refuse to accept these Conditions, You will not be able to order any Products from the Website.

The terms and conditions applicable to the purchase of Products offered for sale through this Website and the equivalent terms and conditions for sale of Mone11 product through various specialty shops and Myer Department Stores shall be mutually exclusive. In particular, promotions and offers advertised on this Website shall not be valid in connection with any purchase through specialty shops, Myer Department Stores or elsewhere, and promotions and offers available through specialty shops, Myer Department Stores or elsewhere shall not be valid in respect of Website purchases.

When using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communication that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Changes

We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.

Queries

Contact Us if You have any questions relating to these Conditions or ordering the products generally by using the contact us page or on enquiry@mone11.com.au.

Your Account

You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account.

Description and Availability

We take all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves All Products are subject to availability.

Price

Prices appearing on this Website are inclusive of sales tax (where applicable) at the current rates.

The cost of your Order will be the price of the Products ordered plus the appropriate delivery charge. Please note that all prices on this Website are for on-line purchases only.

Due to circumstances beyond our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs You will be notified and requested to reconfirm your Order at the altered price.

By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.

Placing an Order

You must not order Products via this Website if You are younger than 16 years of age.

All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email from Us acknowledging that we have received Your Order. Please note that this does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us.

You may cancel a Contract and obtain a refund any time within 14 days after receipt of Products by notifying Us in writing and returning the Products to Us (See "Returning Products" below.).

General Indemnity

You agree to indemnify Us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of your use of this Website or out of the use of this Website by any person using your account number and/or password and/or credit card.

Our Liability

We warrant to You that any Product purchased from Us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product You purchased.

To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.

We will not be liable to You in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.

Nothing herein shall affect your statutory rights.

Nothing in these Conditions shall limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.

Language

English language is the only language offered for the conclusion of a Contract.

Transfer

We may assign or transfer any of our rights or obligations under a Contract.
You may not assign or transfer any of Your rights or obligations under this Contract.

Waiver

If We fail, at any time of the Contract, to insist upon strict performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

A waiver by Us of any default shall not constitute a waiver of any subsequent default.

No waiver by Us of any of the terms and conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

Severability

If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.

Entire Agreement

Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.

Governing Law

These Conditions shall be governed by and construed in accordance with Australian, Victoria, law and You hereby submit to the exclusive jurisdiction of the Victorian courts.

Collection

When You visit this Website We may collect, and our third party providers of advertisements and content may collect, information about where You are on the internet (e.g. the URL You came from, IP address, domain name types like .com.au and .com), your browser type, the country and telephone area code where your computer is located, the pages of this Website that were viewed during your visit, the advertisements You clicked on, and any search terms that You entered on our website ("User Information") We and they, may collect this User Information even if You do not register on this Website When You register or shop on this Website, we will (where applicable) ask You to input and We will collect your Personal Information.

We will treat all your Personal Information (which includes any User Information from which we can identify’ You) as confidential (although We reserve the right to disclose this Personal Information in the circumstances set out below). We will keep it on a secure server and We will fully comply with all applicable Australian Data Protection and consumer legislation.

Use

We confirm that your Personal Information is held in accordance with the relevant regulations will be used for the following purposes:

a) Processing your Orders;
b) For statistical purposes to improve this Website and its services to You;
c) To administer this Website;
d) Other use by Us to which You agree when asked on this Website.

Your Personal Information may be disclosed to other businesses within the group of which We are a part and to reputable third party contractors engaged by Mone11 to perform a variety of functions such as processing your Orders, assisting with promotions or providing technical services for our Websites. We require all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable Australian Data Protection and consumer legislation.

You should be aware that if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information We are entitled to do so.

Links to other Sites

We may offer links to sites that are not operated by Us. If You visit one of these linked sites You should review its privacy and other policies. We are not responsible for the policies and practices of other companies.

Questions and concerns regarding this policy and your Personal Information should be directed to the following address:

Attn:
Data Protection Compliance Officer
Mone11
40-46 Robbs Road
West Footscray,
Victoria, 3012
Australia

SATISFACTION GUARANTEE

Our Guarantee
It is important to Us that You are delighted with all our Products. If there is any reason why You are not completely satisfied with any Product You order from Us, You can simply return it to Us within 14 days from receipt provided it is unused and in a re-saleable condition and you can supply the despatch note as your proof of purchase. If after purchase, any Product fails to give reasonable wear - due to either defective workmanship or materials We will credit the purchase price to your account This guarantee is in addition to and does not affect your statutory rights.

Delivery Locations

Our carriers are unable to deliver to the following locations: Airports, Hospitals and Prisons. We will also at our discretion exclude delivery to any addresses which are considered to be insecure.

Delivery Services

Australia

Australia Post
We aim to deliver all mainland standard delivery orders within seven (7) - ten (10) working days dependant on where in Australia you are.

Please note the following conditions:-

Whilst We will endeavour to deliver Products to You as soon as possible We shall not be liable for any failure to make delivery within the time estimates stated above.

International Delivery Services

Additional taxes, fees or levies may apply according to local legislation. Recipients of deliveries made outside Australia may have to pay import duty or formal customs entry fees. Any customs or import duties are charged once the goods reach the destination country and these charges are Your responsibility and must be paid by the recipient. Unfortunately we have no control over these charges and cannot tell You what the cost would be as customs policies and import duties vary from country to country.

In addition some countries have import restrictions on certain products or materials. You are responsible for determining whether there are any restrictions on delivery of our products to your selected destination. You can contact your local customs office for assistance regarding these matters.

Delivery may be delayed by local customs because of this but unfortunately this is out of our control.

Lost Parcels

We will begin Our missing parcels procedure if your Order fails to arrive within 20 days (Australia only) and 30 days (International) of despatch and You notify Us in writing. We will investigate your claim and if We are satisfied that the non arrival of the Product(s) was attributable to Us then a refund will be credited to the credit/debit card which was used to place the Order. Please note that we may refuse to make future deliveries to addresses that are considered to be insecure. In this event you will be contacted by our service team and asked to provide an alternative delivery location for future orders

Returning Products from Australia and Internationally

Follow the instructions on the reverse of the Despatch Note.

Returning products is easy. Send us an email, with your concerns and problem, to our dedicated customer service team on returns@mone11.com.au, and they will resolve all your issues.

IMPORTANT TO REMEMBER - do not send back any product without obtaining a "reason code" (authorization number) from our customer service team on returns@mone11.com.au. This is your proof should any returned parcel go astray and it should be kept in a safe place. It also contains a unique reference number, which You can use if You have a query. Please don’t send any payment with the returned Product(s).

While We do everything We can to ensure your satisfaction with our product, returns sent without this code/number will not be considered authorized and thus not credited.

Every delivery comes with a ‘Despatch Note’ listing the contents. The reason code you obtain from our customer service department will need to go on this document. The relevant code is to go alongside each product you are returning. This will help us improve the quality of our service in the future. Please remember to enclose the completed despatch note in the parcel You are returning.

For reasons of health and hygiene, intimate wear (including underwear, swimwear, boardshorts and loungewear) are non returnable. This does not affect your statutory rights

Returns to us are at Your cost and You should keep evidence of having sent the items, such as a certificate of posting. In all cases the items must be in their original condition. You must return the items to us in accordance with the terms of sale.

IMPORTANT TO REMEMBER - If You are returning Product(s) paid for on your credit or debit card, We will make a credit adjustment directly to your card account, Please remember that if You can’t produce a Certificate of Posting from the Post Office then We will not be able to credit your account if the parcel goes missing.

Refunds in Australia are in AUD. Refunds for our non-Australian residents are in local currency using a regularly updated exchange rate. Banks and international credit/debit card issuers will determine exchange rates.

International Purchases

Purchases from this Website are in Australian Dollars (AUD). Banks and international credit/debit card issuers will determine exchange rates and may make additional charges, which you are liable to pay.

The prices shown on our website are inclusive of GST/VAT (or similar sales tax). All Mone11 products are priced in Australian Dollars (AUD). The price charged to our overseas customers will be determined by the exchange rate applied by the customer’s credit or debit card company, at the time the transaction takes place.

Please note that all Mone11 orders are shipped from Australia. Any import duties and taxes payable, will be charged once the parcel has reached the destination country. These charges must be paid by the recipient of the parcel. If you have any questions related to customs charges, please contact your local customs office.

Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or our licensors. Mone11 is a registered trademark owned by Us.

Notices

All notices given by You to Us shall be to Our address set out in these Conditions. We may give notice to You at either the email or postal address You provided to Us when placing the Order. Notice will be deemed received and properly served immediately when posted on the Website, 24 (twenty-four) hours after an email is sent, or 3 (three) days after the date of posting any letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Contract that is caused by events outside Our reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:

Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.