The website marais.com.au (Website) is owned and operated by MARAIS Enterprises ACN 108224460 (MARAIS, we, us and our).

These Terms and Conditions (Terms of Service) apply to the use of the Website, including the information offered on the Website, and to any purchase you make through the Website, WeChat, WhatsApp, Instagram or any other internet-based platform through which MARAIS may offer goods or services now or in the future (MARAIS Sale Platform). They also apply to purchases made in-store at 73–77 Bourke Street, Melbourne, Victoria 3000 (Store), where indicated.

By visiting our Website or purchasing goods through any MARAIS Sale Platform or in Store, you agree to be bound by these Terms of Service, including our Privacy Policy and Privacy Collection Notice. If you do not agree, you should not use any MARAIS Sale Platform or make purchases via any MARAIS Sale Platform or in Store.

MARAIS is not responsible for any MARAIS Sale Platform other than the Website. Platforms such as farfetch.com.au and WeChat may require you to agree to separate terms and conditions. If there is any inconsistency between those terms and these Terms of Service, these Terms of Service prevail to the extent of the inconsistency.

We may update or change any part of these Terms of Service at any time by posting updates to the relevant MARAIS Sale Platform. Your continued use constitutes acceptance of those changes.

Our online store is hosted on Shopify Inc., which provides the ecommerce platform that allows us to sell our goods.

We reserve the right to refuse access to any MARAIS Sale Platform to any person for any reason at any time.

CREATING AN ACCOUNT

You may create an account on our Website and provide personal information to us in doing so. Creating an account is free. You are responsible for maintaining the confidentiality of your account details and for all activities conducted through your account. You must notify us immediately of any unauthorised use or security breach. You agree to provide accurate, current and complete information and to keep your information updated. We reserve the right to terminate your account or prevent access at any time, with or without cause.

MODIFICATIONS TO PRICE AND AVAILABILITY OF GOODS

This clause 4 applies to purchases made on any MARAIS Sale Platform and in Store. Prices for goods may change without notice. We may modify or discontinue the availability of goods at any time without notice. We are not liable to you or any third party for any modification, price change, suspension or discontinuance of any goods.

SPECIFIC WARNINGS

You must ensure your use of any MARAIS Sale Platform is lawful and not prohibited by any laws that apply to you. You are responsible for ensuring that your method of accessing a MARAIS Sale Platform does not expose you to viruses, malicious code or similar issues. We do not accept responsibility for interference or damage caused to your systems arising from your use of any MARAIS Sale Platform or linked website.

We aim to ensure the accuracy of information we publish but we do not warrant its accuracy, adequacy or completeness. Actual product characteristics may vary, including colour or size. Accessories shown in imagery are for illustration only unless otherwise stated. Advertisements appearing on any MARAIS Sale Platform are the responsibility of the advertisers and their placement does not constitute endorsement by us.

COOKIES

We may use cookies to provide usage information and help improve our services. Cookies do not contain personally identifiable information. Disabling cookies may limit your experience on the Website.

COPYRIGHT

All content (Content) on any MARAIS Sale Platform is owned by or licensed to us. Third-party content may be subject to additional terms. You must not reproduce, store, distribute, publish or create derivative works from any Content without written permission, except as permitted under the Copyright Act 1968 (Cth). Your use of any MARAIS Sale Platform does not grant you any rights to Content.

TRADE MARKS

Any trade mark used on any MARAIS Sale Platform is a registered or proprietary trade mark unless otherwise stated. If you use any MARAIS trade mark, you must attribute it correctly and must not use it in a confusing, misleading, disparaging or unauthorised way.

OPTIONAL TOOLS

We may provide access to third-party tools “as is” and without warranties. You use such tools at your own risk. Future new features or services will also be subject to these Terms of Service.

THIRD-PARTY LINKS

Some content or services available via any MARAIS Sale Platform may include third-party materials or links. We are not responsible for third-party websites and disclaim liability for any transactions or damages arising from third-party interactions.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send submissions or comments, you agree that we may use them without restriction and without obligation to maintain confidentiality, compensate you or respond. We may remove content we consider inappropriate or in breach of rights. You are responsible for ensuring that any content you submit does not infringe the rights of others, contain unlawful or harmful material or mislead.

PERSONAL INFORMATION

You can view our Privacy Policy and Privacy Collection Notice on our Website or request a copy at any time. For further information, contact customercare@marais.com.au.

ERRORS, INACCURACIES AND OMISSIONS

We may correct any errors or inaccuracies on any MARAIS Sale Platform and cancel orders affected by such errors.

PROHIBITED USES

You must not use any MARAIS Sale Platform for unlawful or prohibited purposes. This includes using it to conduct illegal activity, violate laws or regulations, infringe intellectual property rights, engage in harassment or discrimination, provide false information, transmit malware, collect or misuse personal information, engage in spamming or scraping, act for immoral purposes or interfere with security features. We may terminate your use of any MARAIS Sale Platform for breaching this clause.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

To the maximum extent permitted by law, including under the Australian Consumer Law, we are not liable for any direct or indirect loss arising from your use of any MARAIS Sale Platform or your purchase or use of goods.

INDEMNITY

You agree to indemnify MARAIS and its related entities from any loss arising from your breach of these Terms of Service.

TERMINATION OF ACCESS

Your access to any MARAIS Sale Platform may be terminated immediately and without notice. Certain clauses will continue to operate after termination.

GOVERNING LAW

These Terms of Service are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria.

GENERAL

By agreeing to these Terms of Service, you confirm that you are at least 18 years old or have the consent of a parent or guardian. We may request proof of age before accepting orders. Content you provide may be transmitted unencrypted across various networks. Credit card information is always encrypted.

Headings are for convenience only. We are not responsible for delays caused by events outside our control. Failure by us to exercise any right does not constitute a waiver. If any provision is invalid, the remainder continues in effect. These Terms of Service constitute the entire agreement between you and us. Questions should be directed to customercare@marais.com.au.

MARAIS does not provide refunds, returns or exchanges if we find evidence of fraud, refund abuse, change of mind or other manipulative behaviour.