MARK TUCKEY TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE.

OVERVIEW

This website located at www.marktuckey.com.au (Site) is operated by Mark Tuckey Pty Ltd ABN 52 003 233 038 (Mark Tuckey, us, we, our).

By accessing or using any part of our Site and/or purchasing products (Products) from us, you agree to be bound by the following terms and conditions (Terms), including those additional terms and conditions and policies referenced in the Terms and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers or customers.

You warrant that you are at least 18 years of age and you are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant that you have obtained consent from your parent or legal guardian and they agree to be bound by these Terms on your behalf.

If you do not agree to all of these Terms, then you may not access or use the Site or purchase any Products from us.

SECTION 1 – GENERAL CONDITIONS

Whilst Mark Tuckey will use all reasonable efforts to ensure that our Site is available, temporary interruptions to our Site may occur. We will not be liable for any reason our Site is unavailable at any time or for any period. We may also restrict access to some parts of or the entire Site, from time to time.

We reserve the right to refuse to supply Products to anyone for any reason at any time, or to withdraw or modify the Site, for any reason at any time without notice, but we have no obligation to do so. You agree that it is your responsibility to monitor changes to our Site. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. All content and information provided on or through our Site are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis, without any warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

While we try to ensure that information on the Site is accurate at the time of inclusion, we are not responsible if content or information made available on our Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, should be taken to indicate that all information in the Site has been modified or updated.

SECTION 3 – PRICES

Prices for our Products are subject to change without notice. We will not be liable to you or any third party for any price change.

Your financial services provider or the payment processor may charge administration fees, currency conversion fees, merchant fee or other fees on purchases of any Products from the Site and on any refunds that we provide in accordance with these Terms. We are not responsible or liable for any such fees or charges.

Promotional offers and prices are as stated, with no further discounts available.

Gift cards and credit notes issued by Mark Tuckey are non-refundable and will expire after one (1) year from the issue date. They are not redeemable for cash or equivalent in whole or part.

SECTION 4 – PRODUCTS

Certain Products may be available exclusively online through the Site. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy as set out in section 8.

All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We have made every effort to display as accurately as possible the colours and images of our Products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

A natural feature of solid timber is the varying colours, grains and textures. Splits and cracks may develop as it responds to the environment and these are not to be considered a fault or flaw and will not compromise the construction of any of our Products.

We reserve the right, but are not obligated, to:

refuse any order you place with us, including any order that (in our sole discretion) appears to be placed by dealers, resellers or distributors;

limit the sales of our Products to any person, geographic region or jurisdiction;

limit the quantities of any Products that we offer;

limit or cancel quantities purchased per person, per household or per order; or

discontinue any Product at any time.

We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

Any offer for any Product or service made on this Site is void where prohibited.

SECTION 5 – ORDERS

Any quote we provide to you is valid for 30 days from the issue date.

To make an order, you must follow the instructions on our Site. By ordering any Products from the Site, you warrant that you are purchasing the Products for personal use and are not purchasing any Products for any trade purposes or for resale to any third parties.

Unless we have previously notified you that we do not accept your order, for any reason, or if you have already cancelled your order in accordance with these Terms, our acceptance of your offer to purchase our Products and the formation of a contract between us occurs when:

we approve your payment for the entire order or, in the case of larger orders, we approve your payment of 50% for the value of the order as a part-payment; and

we, or our payment processor, debits your account and the funds have cleared.

We require full payment of an order before we can dispatch the Products from our factory.

Changes or cancellations to an order must be made within 24 hours of order placement by contacting the Mark Tuckey showroom where you placed your order.

Modifications outside our standards may be possible. These requests must be made in writing and additional costs and lead times may apply if approved by Mark Tuckey.

We reserve the right to cancel any order at any time in which case all funds paid by you will be returned. If any Product ordered by you is not in stock at the time of delivery, we will offer you the following options:

deliver the remaining Products to you and deliver the unavailable Product when it comes back into stock;

supply an agreed substitute Product; or

refund you the cost of the unavailable Product.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – DELIVERY

We will provide you with an estimated date of delivery upon placement of your order. Any delays to the estimated date of delivery do not constitute a breach of contract and Mark Tuckey is not liable or responsible for any disruptions or costs incurred as a result of any such delays.

Please be advised that some of our Products are oversized. For example, some long tables, large beds and wall units may be challenging to move through doorways, and this means that some Products may not fit into your elevator, stairwell, hallway, or desired space. It is your sole responsibility to ensure that Products are able be delivered to your nominated delivery address and moved into its final space.

Upon reasonable request, Mark Tuckey may be able to build certain Products in pieces to facilitate delivery. Mark Tuckey will not supply the labour to move the Products to your nominated delivery address unless you have paid in advance for this specific service or it has been agreed by Mark Tuckey to be provided as part of the order.

You may inspect the Products prior to dispatch from our factory. Please contact Mark Tuckey customer service to arrange a time to inspect the Products at our workshop in Thornbury, Melbourne.

Please inspect the Products IMMEDIATELY ON DELIVERY and point out any damage or defect in the Product(s) to the delivery agent, have any concern noted on the delivery docket, and have the delivery docket signed by the delivery agent. Please then immediately contact Mark Tuckey customer service to notify us of the damage or defect. Following these steps will allow us to attempt to rectify any damage or defect efficiently.

Mark Tuckey assumes no responsibility, liability or loss related to logistical delivery or placement issues in relation to your order.

If you request that an order be held or delayed, you shall incur a weekly storage fee of 1% of the total value of the order or $100.00 whichever is greater.

SECTION 8 – RETURNS POLICY

Please choose carefully. All sales for Products are final, including any online sales and floor stock sales. It is your responsibility to inspect the Products thoroughly before purchase.

The Australian Consumer Law (ACL) in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties and remedies relating to our Products and the Service which cannot be excluded, restricted, qualified or modified by us (Non-Excludable Rights). Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.

If you are not satisfied with the quality of our Products on delivery, please contact the Mark Tuckey showroom where you placed your order to discuss your options. Where applicable, we will comply with our obligations under the ACL.

To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the ACL will be limited to:

offering you a refund for a major failure of our Product; or

replacing or repairing the Product where it fails to be of an acceptable quality but the failure does not amount to a major failure.

Replacement Products will be shipped once we receive the faulty Product or satisfactory evidence of the faulty Product.

To the extent permitted by law, we exclude all warranties and conditions in relation to our Products implied by law including those contained in the Sale of Goods Act 1923 (NSW) and the equivalent sale of goods legislation in the other states and territories of Australia.

SECTION 9 – THIRD PARTY LINKS

Certain content, Products and Services available via our Site may include materials from third parties.

Third party links on this Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to:

maintain any comments in confidence;

pay compensation for any comments; or

respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please click here to view our Privacy Policy.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:

for any unlawful purpose;

to solicit others to perform or participate in any unlawful acts;

to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

to submit false or misleading information;

to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl, or scrape;

for any obscene or immoral purpose; or

to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

You may not use our Products for any illegal or unauthorized purpose, including to infringe a third party’s rights, including intellectual property rights.

We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

SECTION 13 – LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that:

your use of our Site will be uninterrupted, timely, secure or error-free;

any errors in the Site will be corrected; or

the quality of any Products purchased or obtained by you will meet your expectations.

All Products must be used for their intended purpose. Mark Tuckey will not be responsible for any damage or injury caused as a result of fixings, installation, placement or misuse of the Products.

To the extent permitted by law, in no case shall Mark Tuckey, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

You agree to indemnify, defend and hold harmless Mark Tuckey and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 – INTELLECTUAL PROPERTY

We own or are licensed all right, title to and interest in the Site including all content, text, images, trade marks and logos displayed on the Site (Mark Tuckey IP).

We grant you a limited, personal, revocable, non-exclusive, non-transferrable and non-sublicensable licence to use the Mark Tuckey IP for the sole purpose of accessing the Site in accordance with these Terms.

You acknowledge that other than the express licence granted to you in this clause, you obtain no other rights, implied or otherwise, in respect of the Mark Tuckey IP.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by us.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate our contract with you at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny you access to our Site (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you the Site and Products shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms should be sent to us at: customerservice@marktuckey.com.au.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE.

MARK TUCKEY TERMS AND CONDITIONS

OVERVIEW

This website located at www.marktuckey.com.au (Site) is operated by Mark Tuckey Pty Ltd ABN 52 003 233 038 (Mark Tuckey, us, we, our).

If you do not agree to all of these Terms, then you may not access or use the Site or purchase any Products from us.

SECTION 1 – GENERAL CONDITIONS

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

SECTION 3 – PRICES

Prices for our Products are subject to change without notice. We will not be liable to you or any third party for any price change.

Promotional offers and prices are as stated, with no further discounts available.

Gift cards and credit notes issued by Mark Tuckey are non-refundable and will expire after one (1) year from the issue date. They are not redeemable for cash or equivalent in whole or part.

SECTION 4 – PRODUCTS

We reserve the right, but are not obligated, to:

refuse any order you place with us, including any order that (in our sole discretion) appears to be placed by dealers, resellers or distributors;

limit the sales of our Products to any person, geographic region or jurisdiction;

limit the quantities of any Products that we offer;

limit or cancel quantities purchased per person, per household or per order; or

discontinue any Product at any time.

Any offer for any Product or service made on this Site is void where prohibited.

SECTION 5 – ORDERS

Any quote we provide to you is valid for 30 days from the issue date.

we approve your payment for the entire order or, in the case of larger orders, we approve your payment of 50% for the value of the order as a part-payment; and

we, or our payment processor, debits your account and the funds have cleared.

We require full payment of an order before we can dispatch the Products from our factory.

Changes or cancellations to an order must be made within 24 hours of order placement by contacting the Mark Tuckey showroom where you placed your order.

Modifications outside our standards may be possible. These requests must be made in writing and additional costs and lead times may apply if approved by Mark Tuckey.

deliver the remaining Products to you and deliver the unavailable Product when it comes back into stock;

supply an agreed substitute Product; or

refund you the cost of the unavailable Product.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

SECTION 7 – DELIVERY

You may inspect the Products prior to dispatch from our factory. Please contact Mark Tuckey customer service to arrange a time to inspect the Products at our workshop in Thornbury, Melbourne.

Mark Tuckey assumes no responsibility, liability or loss related to logistical delivery or placement issues in relation to your order.

If you request that an order be held or delayed, you shall incur a weekly storage fee of 1% of the total value of the order or $100.00 whichever is greater.

SECTION 8 – RETURNS POLICY

Please choose carefully. All sales for Products are final, including any online sales and floor stock sales. It is your responsibility to inspect the Products thoroughly before purchase.

To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the ACL will be limited to:

offering you a refund for a major failure of our Product; or

replacing or repairing the Product where it fails to be of an acceptable quality but the failure does not amount to a major failure.

Replacement Products will be shipped once we receive the faulty Product or satisfactory evidence of the faulty Product.

SECTION 9 – THIRD PARTY LINKS

Certain content, Products and Services available via our Site may include materials from third parties.

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

maintain any comments in confidence;

pay compensation for any comments; or

respond to any comments.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please click here to view our Privacy Policy.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:

for any unlawful purpose;

to solicit others to perform or participate in any unlawful acts;

to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

to submit false or misleading information;

to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl, or scrape;

for any obscene or immoral purpose; or

to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

You may not use our Products for any illegal or unauthorized purpose, including to infringe a third party’s rights, including intellectual property rights.

We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

SECTION 13 – LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that:

your use of our Site will be uninterrupted, timely, secure or error-free;

any errors in the Site will be corrected; or

the quality of any Products purchased or obtained by you will meet your expectations.

All Products must be used for their intended purpose. Mark Tuckey will not be responsible for any damage or injury caused as a result of fixings, installation, placement or misuse of the Products.

SECTION 14 – INTELLECTUAL PROPERTY

We own or are licensed all right, title to and interest in the Site including all content, text, images, trade marks and logos displayed on the Site (Mark Tuckey IP).

You acknowledge that other than the express licence granted to you in this clause, you obtain no other rights, implied or otherwise, in respect of the Mark Tuckey IP.

SECTION 15 – SEVERABILITY

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by us.

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you the Site and Products shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms should be sent to us at: customerservice@marktuckey.com.au.

Last updated: 20 November 2020

Questions about the Terms should be sent to us at: customerservice@marktuckey.com.au.

Last updated: 20 November 2020