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Terms of service

Mountains Made Hampers Terms and Conditions


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE PURCHASE

Mountain Made Hampers will be referred to as MMH

Welcome to MMH. When you purchase from MMH you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern MMH relationship with you in relation to the sale of MMH products.

Purchasing from MMH, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to MMH and “You” and “Your” refers to you, the client, customer.

AMENDMENTS OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. We will endeavour to highlight any significant or substantive changes to you where possible. If you continue to proceed to purchase then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and MMH rights and obligations to each other.

It shall be your own responsibility to ensure that any products, services meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), MMH liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website to purchase any alcohol products.


DELIVERY OF PHYSICAL GOODS
It is the purchaser’s responsibility to ensure all goods delivered to secure addresses (eg - apartments and units) will be received by the recipient. Alternatively, MMH will contact the recipient to arrange appropriate delivery time. All unsuccessful deliveries will result in the goods returned to MMH incurring additional fees to the purchaser. Collection of goods from MMH is available at the discretion of MMH. The redelivery of goods will incur an additional delivery fee to the purchaser.
Postage costs will be advised if it is a chosen option according to volume (size and weight) and an additional $2.50 for signature required as proof of delivery.

PAYMENT
MMH uses multiple reputable courier companies to deliver physical goods. Deliveries are processed promptly upon receipt of full payment. Full payment is by EFT transfer to MMH account. Please ensure details of your requirement (ie: Smith Family order etc) are clear on the EFT transfer to avoid delay.

Delivery times may vary depending on the delivery company chosen. MMH is not responsible for goods that are either damaged in transit or not received. MMH should be notified immediately of damaged or lost goods. Replacement of damaged or lost items is made at the discretion of MMH.


EVENT TERMS AND CONDITIONS (weddings, anniversaries, golf days etc)
Event pricing will be by written quotation only with pricing fixed and firm.

All quotes produced by MMH are valid for thirty (30) days. Full payment of all Events is required twenty (28) days prior to event dates by EFT. Events are confirmed upon receiving of payment, unless specified by MMH management.
MMH reserves the right to photograph all arrangements for promotional material use.

RETURNS AND REFUNDS
MMH handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
MMH must be notified within three (3) days of purchase of all refunds or returns. If all care instructions have been followed or if MMH produced the incorrect goods, MMH will provide a replacement or gift certificate. The value of the gift certificate or replacement is at the discretion of MMH. MMH reserves the right to request images of original goods for our records. Replacement product will not be sent if the original goods have been disposed of or images have not been produced.

MMH website may contain information provided by third parties for which MMH accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER
To the fullest extent permitted by law, MMH absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. MMH gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of MMH to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY
At MMH we are committed to protecting your privacy. Our secure servers protect all information we receive from our customers. MMH respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). https://www.legislation.gov.au/Details/C2014C00076 .

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data is secured against unauthorised use or access. We do not store credit card information on our servers.

THIRD PARTIES
MMH does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION
MMH may be required, in certain circumstances, to disclose information in good faith and where MMH is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of MMH, our customers or third parties.

WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and MMH concerning your use and access to MMH website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.


JURISDICTION
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and MMH that results in litigation then you must submit to the jurisdiction of the courts or Fair Trading NSW.