Thank you for visiting www.msclaye.com.au (the ‘Website’). The Website allows you to browse and purchase various products listed (the ‘Products’).
www.msclaye.com.au wants each visitor to the Website (‘you’) to have a safe, pleasurable visit, so we have established the following terms and conditions.
By using the Website, you agree to be bound by the terms following.
Copyright and Trademark Notice
The site is owned and operated by www.msclaye.com.au. Unless otherwise specifed, all material appearing on this site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively “Content”) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright © 2000, ALL RIGHTS RESERVED.
All audio and video clips are the sole property of www.msclaye.com.au or their respective content providers. All software used on the site is the sole property of www.msclaye.com.au or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.
No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without www.msclaye.com.au’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
DISCLAIMER FOR USE OF SITE
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL www.msclaye.com.au, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, THIRD-PARTY CONTENT PROVIDERS OR THE LIKE WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, www.msclaye.com.au, DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR USE OF THE INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE.
FURTHER, www.msclaye.com.au EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES. WE CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM
(i) THE USE OF OR INABILITY TO USE THE SITE,
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION INFORMATION, TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(v) NEGLIGENT OR WILFUL ACTS OF www.msclaye.com.au, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES OR (vi) ANY OTHER MATTER RELATING TO THE SITE.
You agree to indemnify and hold www.msclaye.com.au, and our directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.
www.msclaye.com.au will refund the amount of a cancelled order in Australian Dollars, however
– For All orders 10% of Order as Handling Fee will be charged if order had been processed fulfillment and/or over 24 hours without notice.
– For International orders the currency at the time will dictate how much will be deposited back into your account.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to:
1.Provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Information”) and
2.Maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Site.
You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. www.msclaye.com.au consider this Registration Information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.
PAYMENT METHODS
Credit Cards:
www.msclaye.com.au accept all major credit cards including Visa and MasterCard. There is no surcharge for Visa or MasterCard transactions with www.msclaye.com.au. Please be sure to provide your exact billing address and telephone number – the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfill your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. www.msclaye.com.au reserves the right at any time after receipt of your order to accept or decline your order for any reason. www.msclaye.com.au reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order.
YOUR CONDUCT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
OUR RIGHTS
www.msclaye.com.au may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.
www.msclaye.com.au may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, www.msclaye.com.au shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. www.msclaye.com.au shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled www.msclaye.com.au shall immediately issue a credit to your credit card account in the amount of the incorrect price.
TERMINATION
These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
GENERAL INFORMATION
These Terms of Use constitute the entire Agreement between www.msclaye.com.au and you and govern the use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
INTERNATIONAL DESTINATION RESTRICTIONS & LIABILITY
www.msclaye.com.au thoroughly monitors all international orders and inspects all packages leaving our distribution centres to ensure that all items ordered by customers are included in each order and that each order is safely packed for International shipping.
www.msclaye.com.au has no control over International Customs or International Postal Operations and as such, takes no responsibility for damaged items or items claimed to be missing.
www.msclaye.com.au will not refund any International orders where such claims are made. We recommend such claims are placed with your local customs and or postal service.
www.msclaye.com.au is not responsible for the loss of any orders due to untraceable consignments numbers. www.msclaye.com.au is not liable for any cost that may be incurred due to customs tax or delivery tax.
www.msclaye.com.au holds no liability to any orders that are detained by any countries customs, this may also affect delivery times and
www.msclaye.com.au holds no responsibility on the order being delivered within a certain timeframe or cost.
www.msclaye.com.au will refund the exact amount of a cancelled order in Australian Dollars, however for international orders the currency at the time will dictate how much will be deposited back into your account.
www.msclaye.com.au is not liable for any discrepancy of currency at the time of the refund.
As such by agreeing to purchase the goods in your basket today, you accept that www.msclaye.com.au is responsible for the picking, packing and dispatching of your goods to you. If for any reason whatsoever, be it taxes, custom law, duties or any other reasons whatsoever your parcel does not make it to your door and msclaye has picked, packed and dispatched the goods you have ordered, whilst we regret the non-delivery, www.msclaye.com.au is unable to refund your payment.
www.msclaye.com.au uses Australia Post and other equally reputable international couriers for your delivery, so you can have absolute confidence that if your order fails to arrive it is not a function of the courier but rather a regulatory hurdle. Given the quality of our courier partners, if your delivery arrives damaged please let us know and we will endeavor to either resupply the goods or refund your payment based on the individual circumstances. However outside of this non-damaged delivery guarantee www.msclaye.com.au is unable to guarantee goods purchased on our web site will be compliant with your local laws and regulations and as such be permitted to make it to your door