Terms and Conditions

Terms and Conditions

1. Accepting the Terms and Conditions
   1. How to Accept the Terms and Conditions: By using and continuing to use this website, you are deemed to have accepted the terms and conditions. The Terms together with your purchase order constitute the entire contract between us and you concerning the website, the supply and purchase of products. The contract cannot be varied unless we agree to vary it in writing or by email.
   2. Disagreeing with the Terms and Conditions: If you do not agree with the terms and conditions set out below, you should not use or access the web-pages on our website. If you have any queries relating to our terms and conditions, please contact our customer service team prior to placing an order.
   3. Changes to the Terms and Conditions: As these terms and conditions can potentially change at any time, and it is solely your responsibility to check them carefully before you place an order with us. You will be deemed to have accepted an amendment if you use the website after the amendment has been posted on this website.
2. General Information on the Terms and Conditions

   The following terms and conditions will apply between you and Manchester House when you make a purchase for an item or items from us via our website. Note that your statutory rights are not affected or deprived of by the terms and conditions.

   1. Purchase for Private and Domestic Use Only: Your contract for purchases made through www.manchesterhouse.com.au is with Manchester House, and you agree that all items purchased by you are not for re-sale and are only for your own private and domestic use.
   2. Capacity to Place Orders: You must be legally eighteen years old or above to use this website. If you are under eighteen years of age, you may only use our website under the supervision of your parent or legal guardian. If you do not qualify, please do not use the website. Should Manchester House suffer any damage or other losses as a result of a transaction entered into by a minor, Manchester House reserves the right to seek compensation for such losses from the parent(s) or guardian(s) of the minor who caused any order(s) to be placed with Manchester House.
   3. Submission of True Personal Details: You warrant that all personal details you provide to us in relation to your contract for purchase are true, accurate, current and complete in all respects; and that the credit or debit card you are using to pay for the contract for purchase is yours and that you have sufficient funds in your account to cover the full payment of the product(s) you ordered.
   4. Fraudulent Transactions: It is a crime to use a false name or a known invalid or stolen credit card to place an order for goods or services. Anyone deliberately entering a fictitious or erroneous order of purchase will be prosecuted to the fullest extent of the law.
   5. Updates to Your Personal Details: Should there be any changes to your personal details supplied by you, it is your responsibility to inform Manchester House as soon as possible in order for us to update them accordingly prior to your order being dispatched.
   6. Agreed Means of Communication: You agree that Manchester House can use email as a means of communication to make contacts with you.
   7. Our Rights to Terminate Your Purchase Contract or Access to the Website: Manchester House reserves the right to terminate the contract of purchase with you, and to suspend or terminate your access to our website without prior notice to you if:
      1. you breach any of our terms and conditions
      2. you fail to make full payment to us when it is due
      3. you fail to supply us with sufficient personal information within a reasonable timeframe when we request you to do so
      4. we have reasons to suspect that you have engaged, are about to engage, or have way of being involved in fraudulent or illegal activity on Manchester House
   8. Our Rights to Make Amendments, and Rectify a Mistake in Price: This website is provided for the purpose of selling our goods and services and to this end information is advised on both our products specifically and similar products in general terms. We endeavour to ensure that the information provided is accurate; however, we make no warranty that it is free from any error and reserve the right to make corrections when appropriate.
3. Pricing, Tax and Promotional information

   All references to dollars and "$" on our website are to Australian currency. All prices were current at the time of its publication on the website and are inclusive of Good and Services Tax (GST).

   All promotional offers are current strictly between the dates specified. Please note that stock of promotional items may sell out quickly (and often do), and raincheques do not always apply on items listed on our website.

4. Placing an Order for Our Products

   When placing an order for our product(s) online, you undertake that any and all information you provide us is true, accurate, current and complete.

   Product Exclusion List: Under the health act, pillows, quilts (also known as duvets or donnas), underlays (or underblankets), bed toppers (or mattress toppers), pillow protectors and mattress protectors are non-refundable unless faulty. As such, you cannot return these items even if they are unused under our change of mind policy. So it is your responsibility to choose carefully prior to your purchase.

   Note that all product measurements are approximate.

   1. Accepting an Order by the Seller: All orders are subject to our acceptance and the availability of the products.
   2. Insufficiency of Stock: In case of insufficient stock to deliver the products you have ordered, Manchester House will not charge your credit or debit card until the items are back in stock and ready to be dispatched to you.
   3. Error in Price: All prices listed on our website are correct at the time of entering the pricing information. However, we reserve the right to amend prices of any product at any time without prior notice. All prices are quoted in Australian currency and inclusive of goods and service tax.
   4. Existence of Contract: No contract for the sale of any product will exist between you and Manchester House until we accept your order by dispatching the product to you. When this happens, an email will be sent to you confirming our acceptance of your order for our product(s).
   5. Confirmation Email: The confirmation email regarding your order will be directed to the email address provided in your order form, and will detail products ordered, payment method, total cost (inclusive of GST, shipping and handling), estimated delivery times, parcel tracking number (if applicable) and your nominated delivery address.
   6. Checking the Accuracy of Details: It is your responsibility to check all the details on this confirmation email are accurate. Please contact us via email at the soonest possible time if any details are incorrect.
   7. Declining an Order by the Seller: Should we be unable to accept your order, we will send you an email explaining the reasons.
5. Paying for Your Order

   Manchester House accepts the following modes of payment:

   1. Payment through PayPal
   2. Payment through Visa or MasterCard
   3. Payment through bank deposits
   4. Payment through Zip Pay
   5. Payment through Afterpay

   All credit or debit cardholders are subject to validation checks and authorization by the card issuer.

   In case of PayPal refusal to authorize payment to us, we will not be liable for any delay or non-delivery of your order.

   If you have not submitted an order, you can remove the items from your online shopping cart at any time.

   All orders must be paid in full prior to the dispatch of the goods from our warehouse.

6. Delivering Your Order

   Manchester House will acknowledge receipt of your order and full payment by confirming it via email, and we commission Australia Post to perform delivery services on our behalf.

   1. Dispatch Timeframe: We endeavour to dispatch your order within TWO working days once your full payment has been successfully credited into our account. However, if we are waiting on stock to arrive for an item temporarily out of stock, we will advise you of an expected date of dispatch of your order via email.
   2. Multiple-Item-Order: If certain items in a multiple-item-order are out of stock and we are waiting on stock to arrive, we will inform you via email and hold the dispatch until all items in your order become available – unless you specifically advise us to send your order in installments otherwise.
   3. Tracking Number: Once the order has been dispatched from our warehouse, we will notify you of a tracking number via email so that you will be able to follow its shipping-in-transit progress through the Australia Post website at www.auspost.com.au/track.
   4. Delivery Period: The delivery period stated within which you will receive your order is approximate, and we do not guarantee your order will arrive on time.
   5. Nominated/Incorrect Delivery Address: The product(s) you ordered will be delivered to the address provided by you in your order. Once your order has been processed and dispatched from our warehouse, we will not be able to re-direct it to a new address which is different from the one in your order. Please note that we cannot be held responsible for any delay that will likely occur if the address details are incorrect or incomplete in any way. If the goods are returned to us by Australia Post due to a wrong address provided by you, you will be required to pay a second delivery charge.
   6. Recipient of the Delivery: You are advised that anyone at your nominated delivery address who receives the goods shall be presumed by Australia Post and Manchester House to be authorized by you to receive the goods. If you wish to nominate a particular recipient to receive the goods at your nominated address, please contact us for more details before making the payment.
   7. International Delivery Address: If your nominated delivery address is outside of Australia, you may be liable to any import duties, taxes and charges for customs clearance, which are levied once an overseas parcel shipment arrives in the country. We strongly suggest you contact the relevant customs office for the latest customs policies before you place an order with us.
   8. International Cross-Border Inspections: All international shipments may be subject to cross-border inspections by the relevant customs authorities.
7. Cancelling an Order by the Customer

   So long as your order has not been dispatched from our warehouse, we allow the cancellation of an order with you writing us a cancellation email marked "URGENT CANCELLATION". It is important that your email includes your name, user ID, address, product(s) ordered and the item number(s).

   1. Within 3 Hours of the Order Being Placed: If you have submitted your order online and you wish to cancel your order within THREE hours of the order being placed, please email your cancellation marked “URGENT CANCELLATION” to our Customer Service Department at info@manchesterhouse.com.au for our immediate action.
   2. After the Order Has Been Dispatched: If you wish to cancel your order after it has been processed and dispatched from our warehouse, you will need to wait until you receive the product(s) and then follow our Returns procedures. Note that you are fully liable to pay for the shipping and handling costs involved as the delivery job has been performed by the logistics company. In addition,it will also be at your own expense to send the products back to us (unless the return is as a result of an error on our side).
   3. Upon Our Confirmation of the Cancellation: Once your cancellation of order has been confirmed by us and all the products you return to us are in the SAME condition (that is, in the original packaging inclusive of the cardboard folded between the products and the inserts) that they were when delivered to you, we will re-credit any sum owed to you (after deducting the shipping and handling costs) back into your credit or debit account from which we received the payment within a reasonable timeframe.
8. Cancelling an Order by Us (the Seller)

   Manchester House may cancel any part of an order (including any orders that we have accepted) without any liability to you for the cancellation at any time:

   1. if the products in that order are not available;
   2. if there is an error in the price or the product description on the website for the product in that order; or
   3. if we reasonably believe a customer’s order has been placed in breach of the terms and conditions.

   We will email the customer a notice of that cancellation if we cancel an order.

9. Contract Cancellation

   If you wish to cancel your contract with us, you are entitled to do so, provided that you exercise your right within SEVEN working days upon receipt of the delivery of the products.

   Please send an email marked "CONTRACT CANCELLATION" to our Customer Service Department at info@manchesterhouse.com.au. It is important that your email includes your name, user ID, address, product(s) ordered, the item number(s) and reasons for cancellation.

10. Refund, Return and Exchange Policy and Procedures

    Under the Australian Consumer Law, you are entitled to your legal rights to return the goods purchased for a refund, replacement or credit if the good has a major problem. This is when the item is:-

    • faulty, defective, damaged or unsafe
    • significantly different from the sample or description, or
    • not fit for the intended purpose

    If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time, you can choose a refund or replacement. Please refer to the Australian Competition and Consumer Commission website at http://www.accc.gov.au for more detailed information. For all change-of-mind returns, go to Section 12 (Change-of-mind returns and procedures) shown below.

    Under the health act, pillows, quilts (also known as duvets or donnas), underlays (or underblankets), bed toppers (or mattress toppers), pillow protectors and mattress protectors are non-refundable unless faulty. As such, you cannot return these items even if they are unused under our change of mind policy. So it is your responsibility to choose carefully prior to your purchase.

    Below are our Returns and Exchange procedures.

    1. All returns and exchange must be made within FOURTEEN days upon receipt of the delivery of the products.
    2. All products you purchased are UNUSED and UNWASHED, and in the ORIGINAL PACKAGING (including the cardboard folded between the products and the inserts).
    3. Before returning the goods for an exchange, refund or credit, please contact us at info@manchesterhouse.com.au in order to obtain a Return Authorization Number and step-by-step instructions.
       • For a return or an exchange, please send us an email marked “RETURNS REQUEST” or “EXCHANGE REQUEST” accordingly.
       • In your email, please include your name, user ID, contact details, address, original order number(s), product(s) ordered, the item number(s), date of purchase, and the Return Authorization Number and reasons for the return/exchange.
    4. For products that are faulty or incorrectly shipped through any circumstance that is in our error, you will have up to FOURTEEN days from the date of dispatch to claim an exchange, a replacement or refund. Our customer service team will also organize a replacement stock to be dispatched to you if necessary.
    5. As soon as your return has been received by us, one of our customer service team members will attend to the completion of the process.
11. Change-of-Mind Return Policy and Procedures

    Although we are not required by the Australian Consumer Law to provide a refund or replacement for a ‘change-of-mind’ return, we will still accept the return on condition that:-

    1. the products you purchased are UNOPENED, UNUSED and UNWASHED; and
    2. the products are in the ORIGINAL undamaged condition and packaging (including the cardboard folded between the products and the inserts); and
    3. the products are not on the Product Exclusion List (Please see below).

    Product Exclusion List: Under the health act, pillows, quilts (also known as duvets or donnas), underlays (or underblankets), bed toppers (or mattress toppers), pillow protectors and mattress protectors are non-refundable unless faulty. As such, you cannot return these items even if they are unused under our change of mind policy. So it is your responsibility to choose carefully prior to your purchase.

    1. All change-of-mind returns and exchange must be made within FOURTEEN days upon receipt of the delivery of the products.
    2. As a buyer, you are fully responsible for the postage costs of the delivery you received, and you will also bear the postage and packing costs of the return.
    3. A 30 % restocking fee applies on ALL FREE POSTAGE OR FREE DELIVERY ITEMS.
    4. Before returning the goods for an exchange, refund or credit, please contact us at info@manchesterhouse.com.au in order to obtain a Change-of-Mind Return Authorization Number and step-by-step instructions.
       1. Please send us an email marked "CHANGE-OF-MIND RETURNS REQUEST".
       2. In your email, please include your name, user ID, contact details, address, original order number(s), product(s) ordered, the item number(s), date of purchase, and the Return Authorization Number and reasons for the change-of-mind return/exchange.
    5. As soon as your return has been received by us, one of our customer service team members will attend to the completion of the process.
12. Limitation of Liability

    We do not accept liability (except as set out below) for any errors and omissions on our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

    To the maximum extent permitted by the Australian law, Manchester House also excludes any and all liability for any direct or indirect loss, consequential loss, damage, harm, cost or expense, however or wherever sustained and/or incurred, including but not limited to any loss, damage, harm, cost or expense that results from:

    1. Product Unavailability: If a product(s) displayed on the website becomes unavailable at any time, we shall not be held responsible to fulfill an order;
    2. Error in Pricing: If an error in the price of the goods that you have ordered is discovered, we will inform you of the correct price before we complete your order. Under no obligation shall we be liable to fulfill an order for a product that was advertised on our website at an incorrect price. We shall give you the option of confirming the order at the correct price, or you can choose to cancel the order altogether;
    3. Discrepancies of Product Image: We have taken every step to provide accurate product images for each product listed for sale on our website. However, in view of a number of mitigating factors such as internet browser settings, monitor colour contrasts and etc., we cannot be held liable or accountable for any colour discrepancies between the actual product and the images provided on our website;
    4. Delay in Product Delivery: We shall have no liability to you for any delay in the delivery of products ordered or any matters to the extent that the delay is caused by any event outside our reasonable control, including but not limited to postal strikes, labour disputes, malicious damage, lock-outs, riots, civil commotion, acts of God, war, flood, fire, governmental actions, wrong item(s) shipped to you and any other similar incidents;
    5. Wrong or Defective Item(s) Shipped: If you have received goods which were not what you ordered, or which are defective/damaged, or are of a different quantity to the one in your order form, please notify us via email within SEVEN days upon receipt of the delivery of the goods. We shall then rectify the problems at the soonest possible timeframe and provide you with instructions on how to return the goods to us;
    6. Internet Fraud: We have cautiously taken every reasonable measure to prevent internet fraud and ensure any data collected from our customers is stored as securely as possible. Nevertheless, we shall not be held liable in the unlikely event of a breach in our secure computer servers;
    7. Access and Use of our Website: While we endeavour to maintain the security of our website and the data we collect, we do not warrant that the website or the website servers will meet your online safety requirements or will be uninterrupted, timely, error ree or virus-free when you use it. We shall not be held responsible or liable to you for any loss of content or material uploaded or transmitted through our website and the server. In addition, you agree that under no circumstance will we be liable to you for any indirect, incidental and/or consequential losses or damages whatever nature howsoever arising, including from:
       1. The use or misuse of the website or any material on the website by you or by other users, or the statements and/or conduct of other users on or through the website;
       2. The unauthorized access to or alterations of your transmissions and/or any of your personal information or material;
       3. The loss of confidentiality of your information or material transmitted to or from the website;
       4. Any defect, technical problem or computer virus attached to or arising from the website or the server; or
       5. Any injury or illness you or any other person sustains as a result of the use of the website
    8. To the maximum extent permitted under applicable Australian Law, we disclaim any and all warranties of any kind, whether expressed or implied, in relation to the products sold on our website. Note that you are fully entitled to statutory consumer rights and guarantees under the Australian Consumer Law, and Manchester House does not limit or exclude your entitlement to these statutory consumer guarantees.
13. Disclaimers and Links to Third Party Websites

    We accept no responsibility for any damage or loss you may suffer as a result of your use of our website or your reliance on all or any part of the information provided on our website or in relation to any material of any other website referred to or accessed by a hyperlink through this website (‘Third Party Website’).

    You are hereby advised that our website may contain links to third party websites and advertisements concerning products or services provided by third parties:-

    1. These links and advertisements are not recommendations or endorsements by Manchester House, and thus Manchester House does not take any responsibility for the content or functionality of those websites and advertisements. Nor will we have any liability in connection with any third party website howsoever arising.
    2. We shall also not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of these third party websites, any products or services from these third party websites or their advertisements. Any concerns you have regarding these third party websites or their advertisements should be directly addressed to them.
    3. We make no warranty that this website or any of its material is virus-free. You should take your own precautions in this respect and we accept no responsibility for any harmful code that may be introduced into your system by using this website.
    4. We strongly recommend that you exercise caution and look at the privacy and security statements applicable to all these third-party websites you want to visit. You access these websites solely at your own risk.
    5. Links on our website to external entities are not covered within our Privacy and Security Policy. The terms and conditions set out only cover the domain name of https://www.manchesterhouse.com.au/
14. Copyright and Trademarks

    All of the material on this website is and remains the property and copyright of Manchester House or the property and copyright of its third party licensors in the case of some material. Other trademarks or product images belonging to third parties may also be displayed as part of the highlights and descriptions for the products advertised on our website.

    In accessing Manchester House web-pages, you agree that you may only download the content, data and product information relating to product(s) which you genuinely propose to buy (even if you may not subsequently purchase the goods) on condition that the downloaded information or data is exclusively for your own individual and non-commercial use. However, this permission shall not be construed as in any way granting you the right to use any content, logo or trademark or design contained in that material without the prior written permission of Manchester House and its relevant copyright owner.

15. Indemnity in Connection with the Use, Misuse or Abuse of the Website
    1. By using this website, you fully agree that you will abide by all applicable laws, regulations and codes of conduct. In addition, you also agree to indemnify Manchester House, our employees, directors, agents and suppliers from and against any and all liability, losses, damages, demand, costs or expenses claimed by a third party as a result of or in connection with:
       1. your use, misuse or abuse of our website,
       2. your conduct on our website, or
       3. the use by any other person accessing the website using your shopping account and/or your personal information.
    2. You may not amend or distort the information contained on our website or cause it to be used for any unlawful purpose. You must not misuse or abuse this website in any way to:
       1. send unsolicited emails or spam via our website or as though from our website
       2. harass, threaten, defame, abuse, belittle or otherwise offend other users of our website, including us
       3. transmit anything that contains computer viruses, codes, files or programs designed to interrupt, limit or destroy the functionality of this website, other computer hardware or software.

    You will indemnify Manchester House if we suffer any loss or damage or incur any costs in connection with your misuse or abuse of our website or with you breaching our Terms and Conditions.

16. Waiver, Survival and Severance of Clauses

    No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. The failure or delay of Manchester House to exercise or enforce any right in these Terms and Conditions does not waive Manchester House’s right to enforce that right.

    Each provision of the Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be invalid, void, unlawful, inapplicable or unenforceable in any circumstances. As such, any provision of the Terms held to be invalid, void, unlawful, inapplicable or unenforceable will then be severed from the Terms and Conditions and it will not affect the validity and enforceability of the remainder of the Terms and Conditions.

17. Moderations of User-Generated Contents

    In line with our family-friendly website environment, we monitor all user-generated contents on our website (such as product reviews, blog posts and etc.) regularly. All user-generated contents and commentary will be moderated and/or removed from our website if they are deemed to be offensive, abusive, slanderous or defamatory in nature.

18. Changes to the Website and Your Access

    Manchester House reserves the right:

    1. To amend, suspend or discontinue the website or any page of the website at any time; and
    2. To terminate your access to part or all of the website at any time

    If we amend, suspend or discontinue the website or any page of the website, we may place a notice on the website itself to inform the website users.

19. Changes to the Terms and Conditions

    Manchester House reserves the right to amend the Terms and Conditions from time to time. Amended Terms and Conditions shall come into effect from the time they are posted on our website. To ensure you are fully aware of any changes to the Terms and Conditions, you are thus advised to review this webpage prior to your purchase.

20. Privacy and Security Policy

    Any personally identifiable data and information that you submit through or in relation to the website is collected and utilised by Manchester House in full compliance with our Privacy and Security Policy which forms part of the Terms and Conditions. You can review the full version of our Privacy and Security Policy at https://www.manchesterhouse.com.au/privacy-policy

    While the use of any personal data which you provide to us is governed by our Privacy and Security Policy, we also reiterate that we retain the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

21. Governing Law

    These Terms and Conditions shall be governed by and construed in accordance with the Australian laws, and you irrevocably submit to the exclusive jurisdiction of the courts of Australia.