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Myer eBay official store

TERMS AND CONDITIONS

Updated December 2015

Free Delivery

Free Standard Delivery applied on orders with a total purchase price of $100 and over (except for Goods that require Special Delivery). Standard delivery fee of $9.95 applies to all orders with a total purchase price of under $100.

The average delivery times for Standard delivery are:

4-7 Business days for Australian wide including most country areas

7-10 Business days for WA country, far North QLD and most of NT, outside Alice Springs and Darwin.

Please note that during major sales events (such as Stocktake Sale and Mid-Season Sale), we may take an extra day or two to prepare your order. Also note that larger orders may arrive in more than one shipment as they may be sourced from multiple locations - you won't be charged any more for delivery in that instance.

This free delivery offer is subject to change at any time. However, all Orders processed during a free delivery offer period will be processed in accordance with the offer.

See the Delivery Policy for further details – including Goods that require Special Delivery.

Online Shopping Terms and Conditions

These terms apply to the ordering, purchase and delivery of Goods from the Myer eBay Store and form a contract between you and Myer Pty Ltd ABN 83 004 143 239 of 800 Collins Street, Docklands, Melbourne Victoria 3008 (Myer) (Terms). These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.

Other important terms also apply to your Order, such as the Delivery Policy the Returns Policy , the Myer eBay Store Terms of Use , Myer Privacy Policy, and any other specific terms for certain Goods as identified in the product description field on the Myer eBay Store (eg. Supplier Direct Terms). These all form a part of these Terms.

If you have any questions, please contact our Customer Service Centre on 13 69 37 and we will be happy to assist you.

1. Compliance with Terms

1.1. You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Myer for the supply of Goods.

2. Placing Orders for Goods

2.1. You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold. You acknowledge that any Apple products purchased under these Terms are not for re-sale, for commercial use, or for use by governments or educational institutions.

2.2. From time to time, Myer restricts the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised to you.

Current quantity restrictions include a maximum of:

    a. Five (5) Lego branded products of the same kind may be purchased in one Order or per person; unless otherwise stated.

    2.3. From time to time, Goods may be delivered directly from our suppliers, in which case the delivery times may differ from those set out above.

2.4. Myer will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.

2.5. You agree to obtain consent to provide Myer with Personal Information of recipients of gifts or Goods Ordered by you.

2.6. You may Order from Myer if you are aged 16 years or over, and have an active email account or a telephone number at which you can be contacted.

2.7. If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order.

2.8. Myer reserves the right to accept or reject your Order for any reason at any time. If Myer rejects your Order you will receive a refund of any money paid.

3. Availability of Goods

3.1. From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.

3.2. We may withdraw or suspend from sale any Good displayed on the Myer eBay Store, either temporarily or permanently, at any time. Myer will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.

3.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 7.

3.4. Myer reserves the right not to honour any incorrect offers represented on the Myer eBay Store made by genuine human or system error. Where your Order is affected by an error on the Myer eBay Store (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and Myer will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.

3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.

3.6. You acknowledge and agree that:

    a. all pictures and images of Goods displayed are for illustrative purposes only;

    b. any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and

    c. where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).

4. Price and payment

4.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee. See the Delivery Policy for further details.

4.2. All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.

4.3. Myer reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).

4.4. Payment methods are specified on the Myer eBay Store. They include credit card, PayPal or Myer Card. The name on any credit card or Myer Card used for payment must match the name on the Order. Other methods of payment, including cash and Myer Gift Cards, cannot be used for Orders. Cheques cannot be used as a payment method for any purchases from Myer, including Orders.

4.5. Any payment for an Order must be cleared by Myer before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Myer eBay Store. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.

4.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

4.7. Lay-by is not available for Orders.

5. Delivery

5.1. See the Delivery Policy.

6. Restricted Goods

6.1. If you Order Goods that are or contain Restricted Goods, you:

    a. warrant that you are aged 18 years or over;

    b. acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years (where relevant); and

    c. you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.

6.2. Where Myer has reasonable grounds for believing you have not complied with the above clause, Myer may cancel your Order and refund any money paid to us in respect of your Order. Myer may, at its discretion, charge you a fee to cover its administrative costs.

7. Order cancellations and returns

7.1. Unless provided for under these Terms or as otherwise agreed by Myer, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.

7.2. If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.

7.3. Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.

7.4. Goods can only be returned in accordance with these Terms and the Returns Policy.

7.5. Myer will process any refunds within a reasonable time of agreeing to do so.

7.6. If the original payment was made on a credit card, refunds will be processed on the same card as the original payment was made.

7.7. Big & Bulky Goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please call the Customer Service Centre on 13 69 37 or contact us via this form if the product is faulty so that pickup can be arranged. Big & Bulky Goods cannot be returned at a Myer Store unless previously agreed with Myer.

7.8. If you would like to make a return under the Returns Policy and you do not live near a Myer store, please call the Customer Service Centre on 13 69 37 or contact us via this form to make an alternative arrangement.

8. Product Recalls

8.1. If a Good is subject to a product recall, a notice will be posted in the Product Recall notice section of the Myer eBay Store. You can return recalled Goods as instructed in the Product Recall notice.

8.2. You consent to us contacting you or the gift recipient, using the personal information provided on your Order, to notify you of a product recall by telephone, email, SMS, MMS or post.

9. Promotions, discounts and MYER one

9.1. The Goods, Prices, and promotions offered on the Myer eBay Store may not be the same as those on the Myer Website or in a Myer Store. The Myer Competitive Pricing Policy does not apply to Orders. A Myer Store is not required to match a Myer price where the offer or Price relates to an Online Only offer or where there is a price error.

9.2. All references to times in promotions are based on the local time in Melbourne, Australia unless stated otherwise.

9.3. Myer Team member discounts are not available for Orders

9.4. Orders do not earn MYER one Shopping Credits.

10. Privacy

10.1. Personal Information, which you provide to us during the Order including contact details, will be kept, used and disclosed by us in accordance with Myer’s Privacy Policy for the purpose of processing and delivering your Order. See Myer’s Privacy Policy for further information on how to access or update your Personal Information.

10.2 .We may also collect (even if you do not register to the Myer eBay Store), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, /powser type, pages you visited from the Myer eBay Store etc.

10.3. Myer reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.

11. Risk & Liability

11.1. Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent.

11.2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also 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.

11.3. Myer may provide an additional warranty in addition to your Consumer Law rights and remedies. Any warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and /pochures to determine the warranty term and warranty conditions for your purchase.

11.4. Myer excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.

11.5. You represent and warrant to Myer that Myer will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.

11.6. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

12. Termination

12.1. We may, at our discretion, terminate the agreement for the supply of Goods to you:

  1. for convenience, at any time, on giving notice to you; or
  2. immediately if Myer reasonably believes that you have /peached these Terms and:
    1. that the /peach is not capable of remedy; or
    2. if you have been provided with notice of the /peach, and you have failed to remedy that /peach within 14 days (where the /peach is able to be remedied).

13. General

13.1. See the Myer eBay Store Terms of Use for further information on trademarks, copyright and other applicable terms.

13.2. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Myer eBay Store. The Terms which apply at the time you place an Order are those that govern that Order.

13.3. Myer may give notice to you by electronic mail.

13.4. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.

13.5. A failure or delay by Myer to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Myer does not preclude its future exercise or the exercise of any power or right.

13.6. The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Docklands, Victoria.

14. Definitions

The following definitions apply to these Terms.

Delivery Fee has the meaning given in the Delivery Policy (see paragraph 2 Delivery Policy).

Delivery Policy means the Myer Delivery Policy.

Goods means the items offered for sale on the Myer eBay Store.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Myer Card means the store based credit card which can be used for purchases from Myer stores and to pay for Orders. For further details about the Myer Card, please visit Myer Card.

Myer eBay Store means the sites available from http://stores.ebay.com.au/myer-store-official.

Myer eBay Store Terms of Use means the terms governing your use of the Myer eBay Store, in addition to these Terms.

Myer Website means the sites available from http://www.myer.com.au.

Order means a request by you to purchase Goods from Myer under these Terms through the Myer eBay Store.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Price means the purchase price of each Good as specified on the Myer eBay Store.

Privacy Policy means the Myer Privacy Policy.

Restricted Goods means Goods subject to restrictions on sale in particular jurisdictions, including Goods which may not be sold to minors (such as knives, alcohol and tobacco).

Returns Policy means the Myer Returns Policy.

Special Delivery has the meaning given in the Delivery Policy (see paragraph 2 of Delivery Policy)

Terms means these terms in Terms and Conditions.

We, Us, Our and Myer means Myer Pty Ltd (ABN 83 004 143 239).

You and Your means you as the purchaser of Goods from Myer pursuant to these Terms.