Website Terms & Conditions
This website is owned and operated by M + Co Living Australia Pty Ltd ABN 74 644 382 276 (“M+Co Living” or “we” or “us” or “our”).
By using our website in any way, you agree to comply with our “Terms and Conditions”, and any other laws or regulations which apply to this website. When you purchase any products or services through our website, you will do so subject to these terms and conditions and such further terms and conditions as may be notified to you.
These Terms and Conditions cannot be varied without our written consent. We may update these Terms and Conditions from time to time and the current version will always be shown on the Terms and Conditions page of our website. We encourage you to read these Terms and Conditions, and contact us if you have any questions.
Your use of this website or any information on this website is entirely at your own risk. M+Co Living makes no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided on this website. M+Co Living expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the maximum extent permitted by law (including the Australian Consumer Law), M+Co Living does not make any guarantees or warrant that this website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.
By using this website, you acknowledge that you have read and understood all the Terms and Conditions and agree to be bound by them. If you do not agree to these Terms and Conditions, you must not use our website in any manner.
Accessing our Website
We aim to update our website regularly and may change content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.
You are responsible for making all arrangements necessary for your own access to our website. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms and Conditions, and that they comply with them.
We endeavour to ensure that all the products on our website are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. In some cases, the products we offer for sale are handmade or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. This will always be stated on the individual product listing.
To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our website.
Due to popularity or interruption of supply, some items may be unavailable or out of stock or on rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.
Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by M+Co Living in relation to any products is given in good faith and which we believe to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by us in relation to any products supplied by M+Co Living is approximate only.
As a condition of your use of this website, you warrant that:
- you are at least 18 years of age;
- you will use this website only in accordance with these Terms and Conditions; and
- the information you provide via this website will be accurate and complete, and will not be misleading, deceptive or likely to be misled or deceive.
You may only use this website for lawful purposes. When using this website, you must not:
- impersonate any person or entity;
- make any fraudulent speculative or false enquiries or bookings;
- post or transmit to or via this website any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
- knowingly transmit any virus or other disabling feature to the website;
- interfere with, disrupt, or create an undue burden on the website or the associated systems;
- frame or mirror any part of the website without our written approval; or
- except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so.
After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is complete. The sale contract will be deemed to be concluded in Victoria, Australia.
If delivery of an order will result in unacceptably high freight charges to M+Co Living, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances, we will issue a full refund to you.
In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your order if we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.
Prices, Payment and GST
All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by various methods including by Credit Card, PayPal, After Pay and a range of other payment options as displayed on the website and during the checkout process.
Delivery costs will be charged in addition to the price of Products and these are included in the total cost of the order at check out.
If we discover an error in the price or payment of any Products, which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.
If, in these circumstances, the order is cancelled, and you have:
- paid a deposit for the Products: we will provide you with a full refund of the amount of the deposit; or
- paid the full price for the Products: we will provide you with a full refund of the amount of the price that you have paid.
Prices are subject to change effective immediately upon posting to our website or other form of notification.
Full payment must be received into our bank account before final delivery can be organised.
Company or personal cheques are not accepted for the purchase of any Products.
You are responsible for any costs incurred in arranging payment for the Products, which include without limitation bank transfer fees and related charges.
We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if your card is used Fraudulently.
To prevent fraudulent use of credit cards or other payment options, we will undertake reasonable efforts to validate the legitimacy of the order and payment method. This process may include requesting proof of identity. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Orders undertaking a formal check will be placed on hold until we have received confirmation that the transaction is legitimate. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you via email).
Any time quoted for delivery is an estimate only. The estimated delivery date will be arranged with you in advance; however, you must not defer the estimated delivery date without our prior written consent.
You must ensure correct delivery address details are provided to us at the time of order placement and notify us in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages). You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery and layout of the Products, and collection of M+Co Living, as is applicable to you. We cannot deliver to PO Boxes as you must be available in person to accept the delivery of your order.
Products will only be delivered or collected, if a person, aged over 18 years and who is able to accept delivery and is present at the delivery address at the time of delivery. Should:
- an appropriate person not be available to accept delivery or collection by M+Co Living on the pre-arranged delivery date and time; or
- in the case of Product delivery, if there is insufficient space available to lay out the Products at the delivery address, and delivery and/or collection (as is applicable to you) cannot be made,
a card will be left and you will be responsible for organising collection or redelivery of the Products. If this occurs, you will be charged and are liable for the costs associated with each attempted delivery, each attempted M+Co Living furniture collection, transport, re-delivery and storage of the Products, as applicable. You are also liable for any additional costs incurred by us because of difficulties with access in delivery of the Products and/or collection of the M+Co Living furniture.
You must inspect your Products when you take delivery of them and you will be required to note any damage on the delivery documentation which is presented to you upon delivery. Please refer to our Delivery Policy and Conditions.
Consumer Guarantees, Warranty Claims, Faults & Refunds
M+Co Living warrants all goods to be free from defects in materials and workmanship, and of acceptable quality and durability for the purpose for which they are designed for a period of 12 months from date of purchase. All other warranties and guarantees are provided in accordance with Australian Consumer Law.
Subject to the above, and to the extent permitted by law, we, our directors, employees, and any third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website, products or services or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion:
- in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
- in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our website, or any other products or services accessed via our website.
If an item arrives that is missing parts, is faulty, is defective or has been damaged during manufacturing, please take photos or video clearly illustrating the problem and contact us as soon as possible at firstname.lastname@example.org, ideally within 3 business days of receiving your delivery. Please refer to our Refunds, Returns and Repair Policy.
To the maximum extent permitted by law (including without limitation the Australian Consumer Law), M+Co Living our directors and employees, and third parties connected to us will not be liable to you or anyone else for any:
- decision, action or inaction taken in reliance on the information in, or connected with, this site;
- losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with this website;
- your use or misuse of this website or any information or material contained in this website;
- the loss or modification of information or material transmitted from this website;
- any defect, technical problem or virus attached to or arising from this website or the server;
- any injury or illness you or any other person sustains as a result of using this website;
- the products displayed being unavailable at any time;
- your inability to access or use the website or any material on the website;
- the loss of confidentiality in any information or material transmitted to or from the website.
This website and its contents are the property of M+Co Living and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this website, is prohibited without the prior written permission of M+Co Living.
Intellectual Property and Trademarks
M+Co Living is the owner or authorised user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to M+Co Living in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use or misuse of any of M+Co Living’s intellectual property is prohibited without the prior written permission of M+Co Living.
Nothing contained in this website should be construed as giving you any right in or licence to any of the intellectual property on or associated with this website.
Other product and company names mentioned in this website may be the trade marks of other people or entities.
Third Party Websites
Where our website contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
Your link to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third-party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
You may link to our home page provided your links do not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other site. Our site must not be utilised by third party web crawlers (or similar) to scrape content from our site for any purpose. We reserve the right to withdraw linking permission without notice.
Viruses and Hacking
You must not misuse our website by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website.
Whilst we do our best to ensure that our website is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.
You consent to receive communication from us electronically, either by email or by us posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, a quarantine, epidemic, pandemic or the outbreak of a contagious disease, compliance with any law or official Government requirement, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
This website may be accessed in Australia and throughout the world. M+Co Living makes no offer in or by this website to sell any product or service in any country outside Australia and no representations that the content of this web site complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia.
This website has been designed for use within Australia. By accessing this website, you are agreeing that the Courts of Victoria, Australia will deal with any disputes which may arise between you and us, and that the laws of Victoria, Australia shall be the applicable law.
For further information please contact M+Co Living customer service: