- In General
- Terms of Sale
- Shipping & Delivery
- Product Availability
- Discount Codes
- Gift Vouchers
- Returns and Collections
- Disclaimer of Liability
- Linking to this Website
- Ethical Trade Policy
b. Your personal information we collect is used only for the purposes of processing your orders and emailing you news about our latest creations and project developments. We respect your privacy and hold your personal information confidentially. We do not engage in any form of sell, rent or exchange of our customer's details.
c. If you have any questions about these terms and conditions, please contact us.
1. In General
a. In these Terms of Service, "we", "us", "our" or "Mulberries" means Mulberries Organization.
b. Access to and use of this Website and the goods and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
c. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
a. You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Mulberries will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
b. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
a. The intellectual property rights in all software and content made available to you on or through this Website remains the property of Mulberries or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Mulberries and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
b. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Mulberries or its licensors. Mulberries.orgTM are trade marks belonging to Mulberries. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Mulberries.
a. Where you register for any area of this Website, the following terms and conditions apply.
b. You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
c. Mulberries reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.
d. If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Mulberries account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.
e. Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Mulberries account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Mulberries account(s).
6.1 Retail Ordering Methods
a. Retails: There is no minimum required for retail sales.
6.2 Wholesale Ordering Methods
a. Wholesale: A minimum order of $1,000.00 USD applies, exclusive of GST.
b. New wholesale customers, your purchase will be on a proforma basis. The order will only be processed and forwarded once payment is received.
c. Existing customers, payment terms are strictly 14 days from date of invoice.
Your order can be placed through:
d. Online ordering
e. Download our order form in Adobe PDF format, select your product and fax, post, or Email to Mulberries.
7. Payment Methods
For your convenience we offer the following payment options:
a. Online payment via PayPal(with credit card option)
b. Direct Bank deposit: Our banking details will be emailed to you upon confirmation of your order.
Please note: Do not send your credit card details via standard email.
8. Pricing and Availability
a. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this 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 you cancel and you have already paid for the goods, you will receive a full refund.
b. Prices shown on this site are in $USD, inclusive GST where applicable. Prices are subject to change without notice.
c. By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
d. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
e. In order to contract with Mulberries you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. retains the right to refuse any order made by you.
f. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
g. The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.
9. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
10. Shipping & Delivery
a. All orders are subject to postage and insurance charges.
b. For orders within Australia the exact postal charges will be displayed and included with the total value of the goods at checkout and prior to committing the order.
c. For overseas orders (ex Australia) and wholesale orders postage & insurance charges are based on the total weight of your order and will vary from place to place. We will contact you via email to confirm delivery charges prior dispatch.
d. Orders that are shipped overseas may be subject to custom duties, and these are not included in the purchase price. As the buyer, you're responsible for these charges - unfortunately we have no control over them and cannot predict what they may be. Customs policies vary widely from country to country. If you'd like any further information, you should contact your local customs office.
e. Items posted to customers in Australia can anticipate a one week delivery period. Customers in the Asia Pacific zone can expect a two week delivery, and about three week delivery for all other countries.
f. We will make every effort to deliver your package to you as soon as possible. Should there be any delay, you will be advised - please ensure your contact details are on your order form.
11. Product Availability
a. We will process your order within 3 working days. If the product(s) you ordered are not available, we will notify you immediately. You can choose an alternative, wait until your product(s) becomes available or cancel your order.
b. Due to the handmade nature of our products, some Wholesale orders can take between 2 to 4 months. The quantity ordered, also affects the delivery time.
c. Although we make every effort to accurately represent our handicrafts, please remember that the actual fabric colours may appear slightly different than the website images. Products that contain natural dyes are sensitive to slight colour variations.
d. The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
e. Where you order goods to the value of $1,000USD or more, including where you place multiple orders that are dispatched simultaneously and arrive in Australia at or around the same time, you may be liable for GST.
f. Even though we may use a local billing agent to invoice and collect payment for the goods you purchase, you will be responsible for importing any goods you purchase from us into Australia, and any shipping we provide is on your behalf.
12. Discount Codes
a. Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
b. Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website.
c. Any further conditions of use relating to any discount code will be specified at the time of issue.
d. These T&Cs relate to all Mulberries promotions, competitions and discount codes (unless otherwise stated).
i. Only one promotion code can be used per order
ii. A promotion code can't be used after an order has been placed
13. Gift Vouchers
a. Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
b. We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.
c. We’ll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.
d. If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
e. From time to time, gift vouchers may get caught in email spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
f. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).
14. Returns and Collections
a. Returning goods if they are faulty
Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. If you think that there is a fault with the goods you have received, please let us know straight away by contacting our Customer Care Team. Please include as many details as possible about the order and the problem with the goods.
b. Returns generally
This section applies to the return of all goods, regardless of whether they are faulty. Please notify us immediately via email of your intention to return product(s). You should clearly advise the reason for returning, invoice number and if you are exchanging or asking for a refund.
Once your email has been acknowledged, the goods can be returned to us via a registered post and insured. All costs associated with the return, will be incurred by the customers.
Product(s) returned to us must be in its original condition, within 28 days of receipt to qualify for a refund or store credit.
Any goods returned are your responsibility until they reach our offices. Please ensure you package your return to prevent any damage to the goods or boxes. We are not responsible for any goods that are returned to us in error.
We recommend you use a postal service that insures you for the value of the goods you are returning.
15. Disclaimer of Liability
a. Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
b. In particular our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
c. If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Mulberries is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Mulberries for breach of the Non-Excludable Provision is limited to one or more of the following at Mulberries’ options; the replacement of the goods or the supply of equivalent goods, OR the payment of the cost of replacing the goods or of acquiring equivalent goods.
d. Subject to Mulberries' obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Mulberries is not liable for, and no measure of damages will, under any circumstances, include:
i. special, indirect, consequential, incidental or punitive damages; or
ii. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
iii. whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
16. Linking to this Website
a. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
b. You must not establish a link from any website that is not owned by you.
c. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
25 Ethical Trade Policy
a. As a reputable and trusted business committed to offering its customers high quality goods, Mulberries recognises its obligation to ensure that suppliers are operating ethically.
b. We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. As a member of the International Fair Trade Organization, we adhere to the principles of Fair Trade as per our agreement with the International Fair Trade Organization.
as to ownership of trade marks, images of personalities and third party copyright, except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Mulberries and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Mulberries.
You agree to indemnify, defend and hold harmless Mulberries, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.
Mulberries shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Mulberries.
23 Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Australian courts.
24 Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Mulberries.