Website Terms and Conditions
The Terms of Use of the Market Creations Agency website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the Market Creations Agency website.
Access to this website is provided to you subject to these terms and conditions. By using this website You agree to these Terms and Conditions.
Market Creations Agency reserves the right to amend the Terms and Conditions from time to time. Your continued use of this website will constitute acceptance that You are bound by these Terms and Conditions as amended.
Our website
While Market Creations Agency endeavours to take reasonable care in preparing and maintaining the information on this website, we make no representations or warranties in relation to information available on Our website, including without limitation:
- that the information on Our website is complete or correct;
- that Our website will be continuously available or free from any delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in hardware or software;
- and that We endorse any internet site linked to Our website or any third party products or services referred to on Our website.
Intellectual property
The materials displayed on this website, including all editorial materials, information, photographs, illustration, artwork and other graphic materials, and names, logos and trademarks, are the property of Market Creations Agency and are protected by copyright, trademark and other intellectual property laws. Market Creations Agency does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the website or in the user interface of the website.
You may download, display, print and reproduce any such content in unaltered form for your personal and non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of Market Creations Agency.
Liability
Exclusion
Except as specifically set out herein and so far as may be permitted by law, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
General limit on liability
Except as otherwise expressly stated in these terms and conditions, We are not liable for any loss or damage of any kind however caused (including, but not limited to, by the negligence of Us) which is suffered or incurred by You in connection with:
- Your use of Our website (including the use of a credit card) or any linked website;
- these Terms and Conditions;
- Goods or Services provided to You;
- the non-availability of Goods or Our Services for any reason;
- any act or omission of Ours or the provision of inaccurate, incomplete or incorrect information by You, or
- for any other reason whatsoever.
Limitation options
To the extent that any legislation implies a condition or warranty that cannot be excluded but can be limited and Our liability for any breach of that condition or warranty is limited to Our doing any one or more of the following (at its election):
- replacing the Goods or supplying equivalent Goods, Services or Work;
- repairing the Goods or the Work;
- paying the cost of replacing the Goods or the Work or acquiring equivalent Goods, Services or Work; or
- paying the cost of having the Goods or the Work repaired.
Laws still apply
Nothing in these Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the supply of the Goods or Services which cannot be excluded, restricted or modified.
Terms of Payment
Unless the Customer is an approved account Customer, payment must be made prior to dispatch of Products and/or Services by accepted credit card. Subject to special arrangements, payment must be made by approved account Customer within agreed terms.
Accepted Credit Cards include;
Returns and claims for goods and services
General Returns Policy
Notwithstanding anything in these Conditions, You acknowledge that We supply Goods subject to all applicable conditions, including returns and claims policies, of any relevant manufacturer or supplier. You will accept Goods subject always to these Conditions and the terms of such conditions and will indemnify and hold Us harmless in respect of any further or other obligation or any failure or default on the part of that manufacturer or supplier.
Customised Goods not returnable
Where Goods have some element of customisation for You, are supplied pursuant to an Order for Goods that is in the opinion of Ours special or unusual, the Goods are obtained from overseas, the Goods are obtained from a supplier who is no longer trading, or the Goods are otherwise not readily returnable by Us to the manufacturer or supplier or any related services may not be cancelled, You may not return the Goods to Us or cancel the related services.
Duty to inspect
You will inspect all Goods immediately upon their delivery. Within 7 days of such delivery You may give written notice to Us of any matter or thing, by reason of which You might wish to return the Goods, ask for a refund, or make a claim. If no such notice is given on time, You will accept the Goods without any such return, refund or claim.
Return Condition
Where You are entitled to return Goods under these Conditions, You must return the Goods in their original condition and unopened, provided always that where, upon opening the packaging it becomes apparent that the Goods are different to what is described on the packaging or that the Goods are faulty, the Goods may be returned.
Return costs
You will pay all costs and expenses incurred by Us in arranging the return of the Goods to a manufacturer or supplier and/or the cancellation of any related services unless that manufacturer or supplier pays such costs.
Consequences of use, installation, customisation or sale
You will indemnify and hold Us harmless in respect of all allegations and claims in respect of Goods once such Goods have been used, installed, customised or re-sold by You (without prejudice to the recourse of such a customer to the manufacturer of the Goods).