Terms and Conditions

Terms and conditions

In General

In these Terms of Service, ‘MyLeathers’, ‘we’, ‘us’ or ‘our’ means MyLeathers.com.au; ‘Customer(s)’, ‘you’, ‘your’ means Buyer(s)

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.

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.

This website also contains links to other third-party websites, which are not operated by MyLeathers. We have no control over these sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Please check their policies before you submit any personal data to these websites.

 

Privacy Policy

Our privacy policy, which sets out how we will use your personal information, can be found at Privacy Policy & Security. By using this website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate.

 

Prohibitions

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. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

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.

 

Copyright

The entire content included in this website, but not limited to text, graphics or code is copyrighted as a collective work under copyright laws, and is the property of MyLeathers.com.au. All such rights are reserved by MyLeathers 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, unless authorized by MyLeathers. You further agree not to change or delete any proprietary notices from materials downloaded from the website.

 

Registration

Where you register for any area of this website, the following terms and conditions apply.

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.

MyLeathers 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.

If you use multiple accounts for the purpose of disrupting the website you may have action taken against all of your accounts.

If you sign into any area of this website or any other service that uses a single log on (for example Facebook) on a public computer (for example at a university, or public library) and do not log out, someone else who uses that computer after you may be able to access your MyLeathers account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.

Where you access the website using a mobile device (for example a cell phone or a tablet) through a web browser or an app, depending on your settings you may stay logged on from that device. This means that someone else with access to your device may be able to access your MyLeathers 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 MyLeathers account(s).

 

Terms of Sale

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.

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 shipping delays or force majeure for which we will not be responsible. Please see our Shipping and Returns below for further information.

In order to contract with MyLeathers you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. MyLeathers retains the right to refuse any order made by you.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized 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.

The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.

 

Our Contract

When you place an order, you will receive an acknowledgement email 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 fully received by us.

 

Limitation of liability

MyLeathers shall not be liable for any special or consequential damages that result from the use of, or the inability to use the materials on this website or the performance of the products, even if MyLeathers has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Typographical errors

While MyLeathers.com.au strives to provide accurate product and pricing information, pricing or typographical errors may occur. MyLeathers cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MyLeathers shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, MyLeathers may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 

Termination

These terms and conditions are applicable to you upon your accessing the website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by MyLeathers without notice at any time, for any reason. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

 

Pricing and Availability

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. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

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.

Where you order goods to the value of A$1,000 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.

Even though we may 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.

 

Discount Codes

  • 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.
  • 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 though this website.
  • Any further conditions of use relating to any discount code will be specified at the time of issue.

These Terms and Conditions relate to all MyLeathers promotions, competitions and discount codes (unless otherwise stated).

  • Only one promotion code can be used per order
  • Maximum pre-discount spend limit of A$500 applies per order
  • Selected brand exclusions may apply
  • A promotion code can't be used after an order has been placed

 

Gift Vouchers

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.

  • We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.
  • We’ll dispatch 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.
  • 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.
  • From time to time, gift vouchers may get caught in pesky 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, and the capacity of the recipient’s mailbox or any other factors outside of our control.
  • 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).

 

Shipping and Returns

Please refer to the details from Shipping and Returns.

 

Disclaimer of Liability

  1. All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law.
  2. 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.
  3. 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. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure
  4. 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 MyLeathers is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of MyLeathers for breach of the Non-Excludable Provision is limited to one or more of the following at MyLeathers’ option:
  5.       
  • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
  • in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
  1. Subject to MyLeathers’ obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, MyLeathers is not liable for, and no measure of damages will, under any circumstances, include:
  2.  
  • special, indirect, consequential, incidental or punitive damages; or
  • damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

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.

 

Linking to this Website

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.

You must not establish a link from any website that is not owned by you.

This website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer 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 MyLeathers 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 MyLeathers.

 

Indemnity

You agree to indemnify, defend and hold harmless MyLeathers, 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.

 

Variation

MyLeathers 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.

 

Invalidity

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.

 

Complaints

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.

 

Waiver

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 MyLeathers.

 

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 MyLeathers.