Website Terms of Use

Terms and Conditions

This site is owned and operated by Mgrit Pty Ltd (ACN 644 902 241) (“Mgrit”).

These terms and conditions (“Terms”) govern all services (“Services”) provided by Mgrit from time to time, whether provided through this website, physical store, WeChat or otherwise. By requesting and/or receiving Services provided by Mgrit to you, you agree to be bounded by these Terms. If you do not agree with these Terms, you must not use any Services provided by Mgrit.

Mgrit reserves the right, at its sole discretion, to change, modify, amend, add or remove any of these terms and conditions at any time. It is your responsibility to check these terms and conditions periodically.

Your use of any Services provided by Mgrit is subject to the laws of New South Wales Australia.

INTERPRETATION

1. The following rules of interpretation apply in these Terms unless the context requires otherwise:

1. headings in this deed are for convenience only and do not affect its interpretation or construction;
2. no rule of construction applies to the disadvantage of a party because this deed is prepared by (or on behalf of) that party;
3. where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
4. a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
5. all monetary amounts are in Australian currency;
6. the word “month” means calendar month and the word “year” means 12 calendar months;
7. the meaning of general words is not limited by specific examples introduced by “include”, “includes”, "including", "for example", "in particular", “such as” or similar expressions;
8. a reference to any thing is a reference to the whole and each part of it;
1. a reference to a group of persons is a reference to all of them collectively and to each of them individually;
10. words in the singular include the plural and vice versa; and
11. a reference to one gender includes a reference to the other genders.

INFORMATION, DESCRIPTIONS, PURCHASE AND ORDERS

2. All Services provided by Mgrit to you are governed by these Terms.
3. When you use a Service provided by Mgrit (including but not limited to purchasing any goods and products (“Goods”) from Mgrit), these Terms shall constitute the only terms to such service to the exclusion of all other terms unless Mgrit otherwise agrees in writing on a case by case basis. For the avoidance of doubt, special conditions (if any) applied to a Service is deemed to be independent from all other Services and must not be regarded as Mgrit having agreed to that special condition being applied to any and all other and/or subsequent Services provided by you.
4. You make a request for Service with Mgrit by placing an order (“Order”) through our website, physical store, WeChat or other platforms which Mgrit provides Services.
5. Subject to availability and these Terms, no Order placed by you shall be deemed to be accepted by Mgrit until:

1. an acknowledgement of such Order or invoice is issued by Mgrit; AND
2. if Mgrit requests a deposit for such Order to be paid (“Deposit”), the payment of the Deposit in full .

Mgrit is not liable for any loss or damages due to product availability and reserves the right to cancel any Order.

6. Once your Order is accepted by Mgrit, your Order immediately becomes a binding contract (“Contract”) between you and Mgrit provided always that where an Order contains multiple units of the same item or multiple items, each unit and item is regarded as separate and independent contract. Mgrit may fulfill part but not the entirety of the Order. Where there is insufficient availability to fulfill the entirety of the Order, you are obliged to complete the available part of the Order and pay for the available Goods. The insufficient part of the Order shall each be referred to as a Backorder Contract. Mgrit reserves the right to terminate any or all of the Backorder Contract and will not be liable for any loss or damages suffered by you arising thereof, save and except that Mgrit shall refund to you any money you paid for the Backorder Contract.
7. You agree and acknowledge that you do not, did not, and will not rely upon any representation in placing any Order and in entering into any contractual relationship with Mgrit save and except for any representation expressly set out in these Terms.
8. The specifications for any Goods sold by Mgrit shall be those set out in manufacturer’s sales or technical documentation which Mgrit makes no representations or warranties on.
9. Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents are intended as a guide only and the contents shall not be binding on Mgrit and will not form part of your Contract with Mgrit.
10. When you use a Service, it is your responsibility to ensure the Order details (including but not limited to information on the Goods that you intend to purchase and/or delivery details) are accurate. Mgrit will not be responsible for any loss or damages due to inaccurate information provided by you. If you wish to change or update any order details, you must notify us as soon as possible. Mgrit will do its best to update the order details but makes no warranty that the details will be updated on time. 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.
11. Mgrit does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
12. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) and will not form part of your Contract with Mgrit.

PRODUCTS

13. Mgrit provides return and exchange of Goods subject to these Terms (“Return Policy”).
14. Certain Goods or Services may be available exclusively online through the website or exclusively through our physical store. These Goods or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
15. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
16. We reserve the right, but are not obligated, to limit the sales of the Goods or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Mgrit. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
17. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
18. We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

PRICE AND PAYMENT

19. The price of any Goods sold by or any Services Mgrit will be as set out in Mgrit’s current price list from time to time. Mgrit will use its best endeavours to ensure the price list on its website is up to date but sometimes there could be discrepancies with the in-store price.
20. Payment (including Deposit and balance of purchase price) for any Goods and Order is due at such time Mgrit requests you to make payment. In the event that you do not make payment within such time, Mgrit may cancel your Order and/or terminate the Contract at any time without further notice and do the following:
    1. where you failed to pay the Deposit, cancel your Order; OR
    2. where you failed to pay for the balance of purchase price, terminate the Contract in respect of the Order and keep any Deposit pay by you.

Mgrit will not be responsible on any loss and damages suffered by you arising thereof. The aforesaid shall be without prejudice to any other right which Mgrit may have under the law.

21. You are responsible to pay for any and all tax (including GST) and duties in connection with the purchase of the Goods, including any foreign tax if Mgrit sources the product for you from a foreign country.
22. Surcharges may apply from time to time to certain method of payment.

DELIVERY, RISK AND TITLE

23. Title of any Goods remain with Mgrit until the payment of the Goods is made in full and (ii) delivery of the Goods to the requested address. For the avoidance of doubt, each of the Goods are regarded as separate Contracts in which title will pass separately and independently. Delivery shall take place as follows:
    1. if you choose to pick up at our store, delivery shall take place at the time when you collect the Goods from our store; or
    2. if the designated method of delivery was by postage or courier, delivery shall take place at the time we dispatch the Goods.
24. Risk of all Goods passes to you once payment (part or all) is made.
25. If you choose to pick up your order from our shop, we will notify you as soon as the order arrives at our shop which you will then have FOURTEEN (14) days to pick up your Order. If you do not pick up your Order within the required time, you will be regarded as having forfeited the Goods and repudiated the Contract, in such case you agree that Mgrit may sell or otherwise deal with or dispose (“Deal”) of all, any or part of the goods forming part of the Order in which title remains vested in Mgrit and Mgrit may but is not obliged to refund to you any money paid by you in respect of the Goods. Mgrit will not be responsible on any loss and damages suffered by you arising thereof and you must not claim against Mgrit in respect of the same.
26. Whilst reasonable efforts will be made to adhere to estimated dates, any dates specified by Mgrit for delivery of goods and products are estimate only. Time for delivery or performance by Mgrit shall not be of the essence, nor shall time for delivery be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time (up to FOUR (4) weeks and more if deliveries are to be made from overseas).
27. Notwithstanding any provisions to the contrary herein, Mgrit reserves the right to deliver Goods in installments and to treat each installment as a separate contract.
28. It shall be your responsibility to examine all Goods delivered to record any damage or short delivery on the delivery sheet in the carrier’s presence and to report any damage, short delivery or other complaint in writing to Mgrit within SEVEN (7) days of the delivery date. If the you fail to give notice in accordance with these Terms or shall deal with the Goods in any manner or if there shall be any conduct by you inconsistent with rejection of the Goods, then goods of a quality specified in the Contract shall be deemed to have been delivered to you and Mgrit is deemed to have fulfilled all obligations of the order. No claim or rejection properly made pursuant to this condition in respect of any part delivery of Goods shall be a ground for cancellation of the contract or order in respect of the whole.

ERRORS, INACCURACIES AND OMISSIONS

29. Occasionally there may be information on our site or in the Goods or Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order) and we shall not be held liable for a any loss and damages suffered by you.
30. We undertake no obligation to update, amend or clarify information in the Service, Goods, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

31. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:
    1. for any unlawful purpose;
    2. to solicit others to perform or participate in any unlawful acts;
    3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
    4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
    5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    6. to submit false or misleading information;
    7. 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;
    8. to collect or track the personal information of others;
    1. to spam, phish, pharm, pretext, spider, crawl, or scrape;
    10. for any obscene or immoral purpose; or
    11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

CANCELLATION, EXCHANGE AND RETUNRS

32. The Return Policy may be changed from time to time and is currently subject to the following conditions:

1. Mgrit will only allow return (either by way of refund or exchange for an identical item at the sole discretion of Mgrit) if the Goods is faulty or damaged with no fault on your part. This means that Mgrit does not allow a change of mind return nor a return in any other circumstances other than explicitly provided in these Terms.
2. To exercise your right of return, you must, within SEVEN (7) days from the day of delivery, lodge a "Request a Return" (“Request”) with Mgrit. Mgrit may, at its sole discretion, determine whether the Request meets the Return Policy. If your Request is approved, you must return the Goods following the instructions of Mgrit, including but not limited to return date and method

3. If for any reason, a change of mind return is allowed by Mgrit, a 20% restocking fee will apply (in addition to the repackaging fee, if applicable);
4. All returns must be in original package unless previously agreed by Mgrit in writing. Packaging that is damaged and/or in an "unsellable" condition will incur a 20% repackaging fee (in addition to the restocking fee, if applicable) or Mgrit may refuse the return;
5. Once Goods have been test fitted, installed or used it can no longer be returned;
6. Certain types of Goods cannot be returned, like perishable goods, and custom products (such as special orders or personalized items). We also do not accept returns for hazardous materials, flammable liquids, or gases;
7. Return Policy is not applicable to on-sale or discounted Goods or special orders, i.e. Goods that are otherwise not sold by Mgrit but for your request that we source for you;
8. Unless otherwise agreed in writing by Mgrit, you should bear all return costs;
1. In case of return by way of refund, Mgrit reserves the right to determine the way of refund, either by way of cash, or the original gateway purchase method, such as Paypal or WeChat. If a surcharge applies to the method of refund, the costs shall be borne by you.

33. Mgrit will not be liable for any additional costs incurred by you as a result of the purchase and/or return of the Goods. This includes, but not limited to loss of income, additional transport costs, labour costs or any other costs directly or indirectly associated with the purchase of the Goods.

INTELLECTUAL PROPERTY RIGHTS

34. All advertising material designed by Mgrit including, without limitation, all photographs, drawings, samples and information shall remain the exclusive property of Mgrit, or where applicable, the relevant creator/producer.
35. You must not copy or otherwise reproduce all or part of such advertising material for any purpose whatsoever without the prior written consent of Mgrit.
36. You shall not in any circumstances acquire copyright, or any other intellectual property right in the Goods or in any advertising material provided by Mgrit.
37. Buyer acknowledges that all trademarks and the goodwill attributable thereof covering the Goods are the property of Mgrit and you must not:

1. do anything which would impair the validity or ownership of such trademarks and the goodwill attributable thereof, or
2. use, directly or indirectly, register or seek to register, in whole or in part (including any translation and/or transliteration thereof), any trademark, trade name or corporate name of Mgrit (or any such mark or name confusingly similar thereto) and any design rights, copyright and any other intellectual property rights with respect to any Goods. In the event of violation of this clause, upon the request of Mgrit in Writing, you must, and where applicable cause your relevant affiliate, to withdraw the application or cancel the registration of such trademark, trade name or corporate name or assign it to Mgrit or such of Mgrit’s affiliate as Mgrit shall nominate and at your sole cost and expense.

WARRANTIES, LIABILITY AND DISCLAIMERS

38. Mgrit shall not be liable to you in any circumstances for:

1. any indirect, special or consequential loss or damage;
2. loss or damage incurred by you as a result of third party claims; and/or
3. loss of profit, revenue, opportunity, contracts, business, loss or depletion of goodwill (in each case whether arising in the normal course of events and whether or not the possibility of such loss has been advised to Mgrit or is otherwise in the contemplation of Mgrit) howsoever caused which arise out of or in connection with any Services or Goods provided by Mgrit (whether arising in contract, tort (including negligence), by statute or otherwise).

39. Mgrit shall be under no liability in respect of any defect arising from fair wear and tear, or any willful damage, negligence, subjection to abnormal conditions, failure to follow Mgrit’s instructions (whether oral or in writing), misuse or alteration of any part of the Goods, or any other act or omission, on the part of the customer.
40. The use of the Goods is beyond the Mgrit’s control and accordingly all conditions and warranties, statutory or otherwise, as to fitness of the Goods for any particular purpose are expressly excluded to the fullest extent permitted by law.
41. Subject as expressly provided in these Terms, all warranties, coalitions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
42. Except as expressly provided in these Terms, and to the fullest extent permitted by the law, Mgrit shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at law or under any statute, or under the express terms of any contract between the parties, for any direct, indirect or consequential losses or damages sustained by your (including without limitation, loss of profits, loss of income and any form of damages payable to any third party) which arise out of or in connection with the supply of the Goods or their use or resale by you.
43. You warrant to Mgrit that any use or resale of the Goods by you are in compliance with all applicable statutory and other regulatory requirements in the state and that the storage and handling of the Goods by you are carried out in accordance with directions given by Mgrit (if any) or any competent governmental or regulatory authority in the state and you will indemnify Mgrit against any liability, loss or damage which Mgrit might suffer as a result of your failure to comply with this condition
44. You also warrant and represent to us that your use of our services is in compliance with all laws and regulations applicable to you, including restrictions on age, if any
45. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
46. A breach or violation of any of these Terms will result in an immediate termination of your Services.
47. We are not responsible if information made available on this 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 more timely sources of information. Any reliance on the material on this site is at your own risk
48. We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
49. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
50. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
51. You expressly agree that your use of, or inability to use, the service is at your sole risk. The Services and all Products delivered to you through by us is on an 'as is' and 'as available' basis for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
52. In no case shall Mgrit, 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 Goods procured using the Services, or for any other claim related in any way to your use of the Services or any Goods, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by the applicable law.

INDEMNIFICATION

53. You agree to indemnify, defend and hold harmless Mgrit 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.

TERMINATION

54. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
55. These Terms  are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.
56. 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 may temporarily or permanently suspend your account or your use of our Services at any time without notice.

GENERAL

57. If any provisions in these Terms is held by a court or tribunal of competent jurisdiction to be unlawful or unenforceable that part shall be severed from these Terms and the remainder of these Terms shall remain in effect.
58. The failure or delay of Mgrit to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right nor any other right nor operate to bar the exercise or enforcement of it or any other right at any time or times thereafter.
59. The formation, existence, construction, performance, validity and all aspects of any Contract shall be governed by and construed in accordance with law of the New South Wales, Australia.
60. If these Terms are drafted in more than one languages, the English version shall prevail in the event there are conflicts between the different versions.

PRIVACY POLICY AND USE OF PERSONAL DATA

61. This privacy policy sets out how we uses and protects any information that you give us when you use this services provided by Mgrit (whether through our website, physical store, or otherwise).
62. We may collect the following information:

1. name and job title
2. contact information including email address
3. demographic information such as postcode, preferences and interests
4. other information relevant to customer surveys and/or offers

(collectively “Personal Information”)

63. We require this information to understand your needs and provide you with better services, and in particular for the following reasons:

1. We may use the information to improve our products and services.
2. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
3. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

64. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
65. A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
66. Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
67. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
68. When you visit the our website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse our website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
69. We share your Personal Information with third parties to help us use your Personal Information, as described above.
70. We also use Google Analytics to help us understand how our customers use our website.
71. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
72. When you place an order with us, we will maintain your order information for our records unless and until you ask us to delete this information.
73. We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
74. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.