Mettle Women Inc.
Online Terms and Conditions of Sale
1 Our agreement
What is this agreement?
These are the online terms and conditions of sale for goods on our website located at www.mettlegifts.com.
These terms and conditions also incorporate any special conditions that apply to discount codes, gifts and disclaimers that can be found on our website.
Who is this agreement between?
This agreement is between you (the person purchasing goods on our website) and Mettle Women Inc (ABN 66 218 828 571).
About you
You warrant to us that you are over the age of 18 years.
How long will this agreement last?
This agreement will start when you accept it (and we’ve confirmed your acceptance) and will terminate once your goods have been delivered to you.
Where we say so in this agreement, certain terms will continue to apply once this agreement has been terminated (for example, terms about confidentiality and intellectual property).
How can changes be made to this agreement?
Please ensure that you’ve read these terms and conditions carefully as they can only be waived or varied in writing and signed by us.
How can you accept this agreement?
You can accept this agreement by:
(a) proceeding to purchase goods on our website; or
(b) clicking ‘I agree’ or a ticking a box next to those words.
In accepting our terms and conditions, you warrant to us that you’ve read and understood them.
2 Fees and payment
eCommerce
Once your order has been placed, you will receive a confirmation email following the checkout process. The order confirmation contains your invoice number and all relevant details relating to the order. You might need to check your Junk/Spam folder if this does not come through right away.
If there’s been an error leading to your order (such as the incorrect stock levels on the website), we may be required not to complete the order, but we’ll contact you to discuss your options (for example, swapping out the sold out item for something of equal or higher value).
If we’re unable to fill your order, we’ll process a full refund as soon as possible.
Payment
You agree to pay us the purchase price listed on our website. Our prices are listed in Australian dollars (AUD) and include GST, unless we say otherwise.
We can change our prices at any time on notice by updating the prices on our website. Price increases won’t be applied to orders that have already been confirmed by us.
How you can pay us
We accept payment via the methods set out on our website, which may change from time to time.
If we accept payment through a third-party processer, this is for your convenience, and you agree to pay any third-party merchant fees or charges notified to you at the time of checkout.
If you make a payment using a third-party processor, you’ve told us that you’ve read and agreed to their terms and conditions. We’re not responsible for any issues, loss or damage arising out of your use of those facilities. If you have an issue with a third – party provider, please contact them directly.
What happens if you don’t pay us?
You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement.
If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges.
We may also immediately stop delivery of any goods or customisation services unpaid for unless and until we receive your payment in full.
If after receiving reasonable notice from us, you don’t pay us, we can choose to do one or a combination of the following:
(a) suspend or terminate this agreement (which may include cancelling your order);
(b) charge interest on outstanding money at a rate of 10% per year from the date you owe us the money until you pay us; or
(c) refer the matter to a debt collector or lawyer (you’ll have to pay their costs).
3 Restrictions for Purchasing Alcohol
Some of our gifts contain alcohol. If your order includes alcohol, the following terms apply:
Recipients must be of legal drinking age
You acknowledge and agree that the legal drinking age in Australia and New Zealand is 18 years. Both you and the intended recipient must be of legal drinking age to purchase a gif that contains alcohol.
Delivery address must not be an alcohol-free zone or dry area
You warrant to us that delivery address given is not an alcohol-free zone or dry area. We may refuse to deliver an order if we reasonably believe the delivery address is an alcohol-free zone or dry area.
Your responsibility and warranty
It is your responsibility to ensure that the intended recipient of the gift is 18 years of age or older.
You warrant to us that you and the intended recipient are 18 years of age or older.
Verifying the age of the recipient
We reserve the right to request age verification information from purchasers and recipients as deemed necessary to comply with legal requirements. Failure to provide valid age verification may result in the cancellation of your order without refund.
Deliveries including alcohol
In some areas, there may be restrictions on the hours during which alcohol can be delivered. Please check with Australia Post if you’re concerned about when your order will be delivered.
Australia Post may also impose certain requirements (such as a requirement to see recipient’s photo ID before leaving the parcel with the recipient) and you agree that compliance with those requirements is a condition of this agreement.
Liability for orders including alcohol
We have relied on the warranties given by you in this agreement and we disclaim liability for delivery of alcohol to persons under the age of 18 years.
You indemnify us for any loss or damage we suffer, or amounts we become liable to pay, for any breach of a warranty, or giving a false warranty.
4 Discounts and store credit
Discounts, store credit and gift cards can only be redeemed for products sold by us on our website.
They are non-transferable, not redeemable for cash and can’t be applied to postage costs.
5 Refunds
We provide two types of refunds:
(a) refunds under the Australian Consumer Law (ACL); and
(b) refunds for damaged or lost goods.
Refunds for goods that don’t meet a consumer guarantee under the ACL
If you believe that your order fails to meet a consumer guarantee under the ACL, please submit an ACL-claim by email to us at studio.manager@mettlegifts.com.
We will require proof of purchase (order number or receipt) and evidence of how the product has failed to meet a consumer guarantee (such as a photograph).
We will provide you with a remedy in accordance with our obligations under the ACL.
Claims under the ACL must be received within a reasonable time of delivery, which we’ve determined based on the nature of the goods to be 14 days.
Refunds for goods lost or damaged in transit
In addition to your rights under the ACL, we also offer refunds or replacements where we are satisfied that your order has been damaged or lost in transit, as set out in this clause.
To be eligible for a lost-or-damaged refund, you must email us at studio.manager@mettlegifts.com as soon as possible (no later than 14 days after delivery, or in the case of orders lost in transit, 14 days after the expected date of delivery). We will require proof of purchase (order number or receipt). These timeframes are set in line with our on-selling of perishable / batched stock.
6 Postage and delivery
Where we deliver
We deliver all over Australia and New Zealand. Sorry, we don’t currently post our gifts internationally.
Rates
You agree to pay to us postage fees as calculated at checkout, including any applicable local customs fees. Our shipping costs are calculated by the weight and number of addresses you are sending to. If there’s an error regarding postage fees, we’ll contact you before processing your order.
We work with delivery partners who may change their fees from time to time. If they change their fees, we may need to update our fees, too. We can do this on notice to you by updating the fees on our website. Price increases won’t be applied to orders that have already been confirmed by us.
Processing of orders
We process orders received before 1pm AWST (Monday - Friday) on the same business day they are received.
We process orders received after 1pm AWST (Monday - Friday) or on a public holiday the following business day.
Delivery timeframes
Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on Australia Post, our delivery service provider.
Refer to the Australia Post website for the most up to date information about delivery times in Australia and to New Zealand.
Please note that we cannot guarantee specific date delivery requests and you will not be entitled to a refund if the order does not arrive by your preferred date.
Delivery tracking
Once we have processed the order, a confirmation email will be sent to you. The email will contain a link with a tracking number for your shipment.
Delivery address
It’s your responsibility to make sure that your email and postal address details are correct. We won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details.
Caution: Please ensure you have checked the Shipping Address you entered is not auto-filled when using PayPal, Apple Pay or smartphone settings.
If your order is undelivered or uncollected due to your error (including an auto-filling error as described above, or failing to supply a mobile phone number for the recipient) and returned to us, we reserve the right to require you to pay a re-delivery fee and compensate us for the return-to-sender fee charged to us.
If you think you have made an error when providing your delivery address, please contact our team at hello@mettlegifts.com to update as soon as possible.
Orders lost in transit
For orders lost or damaged in transit, please refer to our refund policy.
Authority to leave unattended
If the recipient is not at home or the business is closed our couriers will leave the package in a safe place or leave a card notifying the recipient to pick the gift up from a local pick-up point which will be outlined on the card that is left. The recipient will be notified by the mobile number provided and the purchaser will also receive an email with the pick-up point details.
Note: Please note that Australia Post does not deliver to hospital rooms or all university offices. These parcels will be taken to the mail room or reception of the facility.
Risk
We won’t be responsible for your order once it’s delivered to the nominated delivery address, including if it’s been left unattended at that address or if someone else other than the intended recipient signs for the parcel.
If for any reason you or the recipient must mail something to us as part of a return procedure, we won’t be responsible for that item until it’s delivered to us. We recommend that you purchase insurance in these circumstances.
7 Intellectual property
Our intellectual property
All of our content (including our website content, artwork and copy) is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, we own or control all intellectual property rights in our products and services.
You acknowledge and agree that all intellectual property owned by us or to which we are entitled before and after this agreement with you is formed will remain our sole property and that nothing in this agreement transfers any ownership in the intellectual property to you.
Promotion
We invite you to share photos of your Mettle order online and ask that you tag us.
8 What happens if we disagree?
Dispute resolution
If we disagree about something that relates to this agreement, we both agree not to go straight to court or a tribunal unless we need urgent relief, like an interlocutory order.
We agree to follow the steps set out in this clause first.
(a) First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue.
(b) Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 20 business days.
If a dispute is declared, any communications between us are confidential and should be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court.
Mediation
(a) If we can’t resolve the issue on our own, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.
(b) If we can’t agree on a mediator, then we both agree to ask the President of the Law Society in WA to appoint a mediator for us.
(c) If we must mediate, we agree to attend virtual mediation and split the fees of equally between us.
This clause will continue to apply even if this agreement is terminated.
9 Ending our agreement
When can we end this agreement?
We may terminate this agreement early as set out in this agreement and further explained below:
(a) If you fail to make a payment as provided in these terms and conditions and do not remedy such failure within 3 days of us giving you notice to remedy; or
(b) Your order includes alcohol and we reasonably believe the delivery address is alcohol-free zone or dry area, or you fail to provide us with verification that the recipient is over the legal drinking age.
(c) An order is returned to us due to your error and you do not agree to pay a re-delivery fee, or do not respond to our request for payment of a re-delivery fee within 14 days of our request. If we terminate under this clause, we are unable to re-utilise the stock and are unable to provide a refund, credit or other compensation if we action this termination due to your breach.
When can you end this agreement?
You may terminate this agreement with us if:
(a) we have breached these terms and don’t fix our breach within 7 business days of being given notice of our breach by you; or
(b) an event beyond our control prevents us from processing and/or delivering your order and we are unable to deliver your order for more than 14 days.
What happens when it ends?
All disclaimers, exclusions and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.
10 Limitation of liability
Customers within Australia:
(a) You’re entitled to guarantees under the Australian Consumer Law. We can’t and won’t change those. We specifically exclude all other guarantees that might apply to our services.
(a) If you’ve purchased goods from us, you are entitled to:
i. a replacement, refund or compensation for drop in value (at your option) for a major failure, and compensation for any reasonably foreseeable loss or damage.
ii. If it’s not a major failure, you’re entitled to have the goods repaired if they’re not of an acceptable quality. We may offer a replacement product in the alternative.
(b) Wherever possible our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
i. replacement of the product;
ii. repair of the product;
iii. payment of the cost of having the product repaired; or
iv. such other fair and reasonable remedy as we are ready and willing to provide.
(c) To the maximum extent applicable, we limit our liability to you under s64A, to resupplying the goods and/or services or paying you the costs of the goods/services.
(d) To the maximum extent applicable by law, we specifically exclude our liability for negligence, and to the maximum extent possible, we exclude liability for consequential loss or damage (flow on effects of negligence), including loss of business profits.
Customers outside of Australia:
(a) We warrant that we have taken reasonable care in preparing our products and have used reasonable skill and expertise in ensuring that our products are accurate and up to date to the best of our knowledge.
(b) We don’t warrant our products will be error free or that it will meet all of your needs or requirements. This limited warranty is the only warranty provided by us and is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
(c) Subject to legal limitations or restrictions applicable to this transaction, our liability for any breach of the limited warranty provided above is limited to the fees paid by you or the cost of re-supplying the product, whichever is less.
(d) By accepting this agreement, you’re waiving, releasing, and discharging all claims you have or may have against us on an ongoing basis relating to our services.
(e) We specifically exclude liability for negligence.
11 Advice and Information
We may give you advice, recommendations, information, or assistance in relation to products on our website, their use or application.
We give that information to you in good faith, believing it’s accurate, appropriate, and reliable at the time but we don’t give any warranty of accuracy, appropriateness, or reliability.
Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our website, unless otherwise required by law.
12 General
(a) Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
(b) We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior consent, however, we may sub-contract one or more aspects of the services, provided always that we will remain the head contractor and will be responsible for the delivery of services in accordance with this agreement.
(c) This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.
(d) If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.
(e) Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
(f) Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.
(g) The law of Western Australia governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of WA.
(h) Notices
i. A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
ii. delivered personally;
iii. posted to their address, when it will be treated as having been received on the second business day after posting; or
iv. sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.
(i) Interpretation
i. If we refer to a piece of legislation, this includes changes or updates to it, and instruments and regulations introduced under it.
ii. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
iii. Headings are just for convenience, not for interpretation.
iv. Grammatical forms of defined words or phrases have corresponding meanings;
v. Dates and times set out in this agreement are in reference to Perth, Western Australia;
vi. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;
vii. References to a party are intended to bind their executors, administrators and permitted transferees; and
viii. Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
(j) Definitions
i. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
ii. Business Day means a day on which banks are open for business in Perth, Western Australia, other than a Saturday, Sunday or public holiday.