Terms of service | Manchester Factory
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Terms of service

OVERVIEW

This website is operated by Manchester Factory. Throughout the site, the terms “we”, “us” and “our” refer to Manchester Factory. Manchester Factory offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

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.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
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.
We reserve the right, but are not obligated, to limit the sales of our products 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 products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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.
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.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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.

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.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service 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 9 - 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

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. 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).
We undertake no obligation to update, amend or clarify information in the Service 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.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' 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.
In no case shall Manchester Factory, 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 service 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. 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 law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Manchester Factory 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforce ability 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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement 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 Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - VOUCHER, GIFT CARD AND STORE CREDIT (ONLINE ONLY)

You may use vouchers/promo codes or gift cards as payment for certain products on the Site. Vouchers/promo codes or gift cards are unavailable to be used in store. Vouchers are available electronically. Promo codes are available onsite or through marketing partners. Only one voucher or promo code can be used per Order, but multiple gift cards can be used per Order. We may email vouchers and electronic gift cards to you or to your selected recipient. We accept no Liability for errors in the email address provided to us. You are responsible for the use and safety of your vouchers and gift cards - you should treat them like cash. We assume no Liability for the loss, theft or illegibility of vouchers or gift cards, including if gift cards used without permission, if your email is hacked or subject to unauthorised used. We monitor the issuance and redemption of vouchers or gift cards. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of vouchers or gift cards, we may close or block access to your Account and/or require a different means of payment. We may block gift cards if notified by law enforcement that a giftcards have been fraudulently obtained.

Conditions for the redemption of vouchers/promo codes include:

(a) From time to time we may release vouchers/promo codes that may be used on the Site. Vouchers/promo codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special Terms stated on them - such as a minimum spend requirements, validity periods and brand, product or sale exclusions. Only one voucher/promo code can be used per Order, and some vouchers/promo codes may only be used once per voucher/promo code. Vouchers/promo codes cannot be used in addition to another voucher/promotion code.

(b) Certain products may be excluded from voucher/promo code promotions, and unless specifically stated are not applicable to shipping costs.

(c) Vouchers/promo codes cannot be redeemed for cash or to buy gift cards. If you place an Order for a product less than the value of a voucher/promo code, no refund or residual credit will be returned to you. If the credit of a voucher/promo code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer).

(d) We will apply vouchers/promo codes on a pro-rata basis to voucher-eligible items in order to determine the final price you pay for those items. Where you return an item purchased with a Voucher/promo codes, we will only refund the final price you paid for that item.

(e) We actively monitor misuse of vouchers/promo codes and reserve the right to deactivate vouchers/promo codes or block any person that is not using a voucher in accordance with its Terms.

Conditions for the redemption of gift cards include:

(a) You may purchase gift cards for use on the Site by you or other customers. Gift Cards can be redeemed at the checkout or added to your Account. Once redeemed, gift cards cannot be transferred. Gift cards can only be redeemed on the Site in accordance with the special terms stated on them.

(b) Gift card purchases may be subject to security checks from time to time, resulting in a longer than usual processing times. These checks may regretfully affect delivery timeframes, but are necessary in order to ensure the security of our gift card program.

(c) Gift cards are valid for 36 months from purchase date. Any unredeemed balance that remains on the Gift Card after the 36 months will be voided and will not be available for use.

(d) The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash at any time. Gift cards cannot be used to buy further gift cards. To use a gift card, please follow the gift card instructions for use.

(e) If you place an Order less than the value of the gift card, the residual credit will be stored to your Account and can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one voucher per Order.

Conditions for using store credit include:

(a) Store credits are applied to the Account registered with the same email address used to place your Order. Store credits cannot be transferred to other accounts.

(b) We will automatically apply store credits against future purchases before asking you for additional payments.

(c) Store credit is valid for 12 months. Any balance that remains after the 12 months will be voided and will not be available for use.

(d) Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further items with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those items - you will not be able to refund or return those further items for cash.

9.5 If you cancel or return items purchased using a gift card or store credit:

(a) the refund value of an item is the final price you paid for that item excluding shipping charges; and

(b) you are only entitled to receive ‘store credit’ refunds for the portion of the total Order price you paid for using ‘store credit or gift cards’

(i) entirely by gift cards or store credits - refunds are offered as store credit only;

(ii) entirely by ‘cash’ - refunds offered as 100% store credit excluding shipping charges; or

(iii) 20% gift cards or store credits and 80% ‘cash’ - refunds offered as store 100% credit only excluding shipping charges.

If you cancel or return only certain items purchased in bundle deals or multi-buy promotions, any items you don’t return will be charged at full price, and the refund amount will be reduced accordingly.

SECTION 21 - AFTERPAY

To be eligible for Afterpay, you need an Australian payment card, be over 18 years of age and live in Australian.

Existing Afterpay customers can use Afterpay for orders up to $1,200. First time users can use Afterpay for orders up to $500.

Online Afterpay purchases may be exchanged or refunded via our online returns address or refunded in store. All refunds will be processed via your Afterpay account. If you wish to exchange in store, a refund will be processed via your Afterpay account and then you may re-purchase. Conditions apply.

To see Afterpay’s full terms, visit http://www.afterpay.com/terms/.

SECTION 22 - ZIP PAY

To be eligible to apply for a Zip Pay account, you need to be an Australia citizen or permanent resident, be at least 18 years of age, have a valid Facebook or Paypal account in your own name, have a valid debit card in your own name, and have not declared bankruptcy or insolvency.

Your first payment won't be due until the end of the next month. When you open your account, Zip Pay will set up a monthly payment of $40 (or less if the amount you owe is under $40). This will be deducted from your link debit card on the last day of each month and run until your purchases are paid off.

Zip Pay is available online only, not available in stores. 

To see Zip Pay's full terms, visit https://zip.co/terms.

SECTION 23 - KLARNA

Who is Klarna?

Klarna is a global payment and shopping provider that takes end-to-end responsibility for your payment. Klarna allows shoppers to buy now and pay later at more than 200,000 retailers around the world. Learn more.

What are 4 interest-free instalments from Klarna?

When you pay in 4 interest-free instalments with Klarna, your purchase is split into 4 payments automatically charged to your debit or credit card every 2 weeks. There is no interest and no fees when payments are made on time. It’s that easy.

Is there a cost for paying in 4 interest-free instalments?

There are no added costs or upfront fees when using this payment option. A late fee may be charged for payments made after the due date. View terms here.

SECTION 24 - OPENPAY

Openpay allows you to pay for a purchase in the instalments and frequency as is set out in your Openpay Plan.

To establish an Openpay Plan you must be 18 years or older and provide us with details of an eligible credit/debit card issued in your name.

We may conduct a pre-authorisation on your credit/debit card for a portion of the total amount due under the Openpay Plan before we agree to fund your purchase.

Instalment payments will be charged to your credit/debit card on the date on which the instalment is due. You may make any instalment payment sooner than its due date or pay off your remaining balance early without penalty.

You may be charged Establishment Fees or Redraw Fees depending on your Openpay Plan. You may also be charged a Plan Management Fee on instalments you repay. Details of these fees are set out in your Openpay Plan.

If an instalment payment is not paid when due a late payment fee will apply. A further fee will apply if that payment is still unpaid eight days after it was due.

Fees payable under your Openpay Plan (excluding fees relating to late payments) are capped (see clause 5.3).

If you fail to rectify an unpaid instalment payment within 14 days following the due date we may terminate this credit contract and require you to pay us all future instalments (even if they are not otherwise due) and all other amounts payable including any applicable fees. You can contact us if you are facing hardship and may not be able to make any payments on time.

You may make complaints about your credit contract using the channels set out in clause 18.

We reserve the right to conduct credit checks on new applicants and to reject applications to be registered as an Openpay customer and/or to establish Openpay Plans

To see Open Pay's full terms, visit https://www.openpay.com.au/australian-terms-conditions/

SECTION 24 - LATITUDE PAY

This Agreement is a contract between you (you or your) and LatitudePay Australia Pty Ltd (ABN 23 633 528 873) (LatitudePay). It sets out the terms and conditions of use of our Services and upon which you may pay for goods or services purchased from one of LatitudePay’s authorised Merchants through LatitudePay advancing a loan to you, which you repay in 10 or less equal instalments, without interest.

By registering to use the Service, you acknowledge and agree to be bound by the terms and conditions of this Agreement.

These terms set out the basis on which you are able to access and use the Service. If there is any inconsistency between these terms and any other terms set out on the Website, these terms will prevail (except as expressly contemplated by these terms).

Before you register with us or use the Service, you should read this Agreement as well as LatitudePay’s Privacy Policy which is incorporated by reference into this Agreement.

In summary, the Service operates as follows:

  • you will register with LatitudePay to use the Service;
  • you will select a Merchant that is offering the option to pay for goods and services using the Service and in the event that the Merchant is required to confirm that you can use the Service to pay for goods and/or services from that Merchant, subject to the Merchant’s confirmation being provided;
  • you will apply for a Loan to pay the Merchant; and
  • if your Loan Application is approved by LatitudePay, then you and the Merchant will each receive a confirmation, following which your transaction with the Merchant will be completed and the Merchant will deliver or provide the relevant goods and/or services to you.
  • The above steps are carried out online on the Website (except for the transaction between you and the Merchant).

    To see Latitude Pay full terms, visit https://www.latitudepay.com/customer-terms-conditions/

    SECTION 25 - HUMM

    What is humm?

    Humm helps everyday Australians Buy Now Pay Later. Our payment plans are great value because humm customers pay no interest ever.

    Who can humm?

    You just need to tick these boxes:

    • Be a permanent resident of Australia
    • Be 18 years or older
    • Have a valid email address and mobile number
    • Have an Australian debit or credit card
    • Have an Australian drivers license, passport or Medicare card

    When you buy a 'Little thing', there are no fees if you choose to pay it back over 2.5 months. If you choose to pay over 5 months, you'll pay just $8 a month.

    You will only ever pay single $8 monthly fee regardless of the number of ongoing humm payment plans you have.

    To see Humm's full terms, visit https://www.shophumm.com.au/terms-and-conditions

    SECTION 26 - CONTACT INFORMATION

    Questions about the Terms of Service should be sent to us at speaktous@manchesterfactory.com.au