Mushroom Labels Store Terms And Conditions
MUSHROOM LABELS STORE - TERMS AND CONDITIONS
1. INTRODUCTION
1.1 Mushroom Group Pty Ltd (ACN 162 476 628) (“Mushroom”) operates the Mushroom Labels Store online Mushroom Store at www.mushroomlabelsstore.com and all associated sites linked to it by Mushroom (together the “Mushroom Store”). These Terms and Conditions constitute a legally binding contract between users and customers (“you”) of the Mushroom Store and Mushroom and apply to the ordering, purchase, fulfilment and delivery of music downloads, CDs and DVDs (“Content”) from the Mushroom Store. Content includes all physical products, music, audio, video, text, illustrations, images, photographs and other intellectual property materials of the Mushroom Store. By using the Mushroom Store you agree to these Terms and Conditions.
2. YOUR AGREEMENT WITH MUSHROOM
2.1 These Terms and Conditions (which incorporate the privacy policy), as amended or revised by us from time to time, apply to anyone visiting the Mushroom Store. They govern the provision all the Content, information, features and functions offered by us to you in connection with the Mushroom Store and form a legally binding agreement between you and Mushroom Group Pty Ltd.
3. DEFINTIONS
3.1 In these Terms and Conditions:
“Account” means a personal account created by you on the website;
“Content” has the meaning given in Section 1.1;
“Delivery Charge” means the price advertised on the website for delivery of the Content to you;
“Order” means an order for Content, placed on the website;
“Pre-Orders” means an Order placed for the delivery of Content, prior to the official release date of that Content
“Restricted Content” means Content which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age; and
4. YOUR CONDUCT AND USING THE CONTENT
4.1 Your use of the Content is subject to these Terms and Conditions and you may not directly or indirectly reproduce, modify, display, broadcast, perform, transfer, distribute or use Content in any manner that is inconsistent with the Terms and Conditions or any laws or regulations that apply.
4.2 You are prohibited from sharing downloads with or enabling or allowing the sharing of downloads with any other person.
4.3 All Content belongs to Mushroom, or their respective licensors, suppliers, operational Mushroom Store providers or advertisers, and is legally protected under Australian Commonwealth and State laws, as well as applicable foreign laws, regulations and international treaties.
4.4 Any use of the Mushroom Store not expressly permitted under the Terms and Conditions is strictly prohibited.
4.5 You are solely responsible for all Content that you download from the Mushroom Store. We are not obliged to maintain a record of the Content you download and we will not be liable or responsible for failing to do so.
4.6 If we no longer have the right to make certain Content available, for any reason and at any time, you will no longer be able to obtain or use that Content from the Mushroom Store, even if you originally obtained it from us
5. PRICING & TAXES
5.1 Prices for Content are as shown on the Website.
5.2 Mushroom reserves the right to change the prices of Content at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Mushroom.
5.3 In addition to the price for the Content, you will also need to pay the advertised Delivery Charge. Any Delivery Charge will appear in your shopping cart.
5.4 By placing an Order you agree to pay the price for the Content, any Delivery Charge and any International Delivery Charge.
5.5 All prices and Delivery Charges quoted are in Australian dollars and are inclusive of GST.
6. YOUR ACCOUNT
6.1 If you do not already have an Account you will need to create one before placing an Order if required by Mushroom.
6.2 You must notify Mushroom immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
7. ORDERS
7.1 An Order submitted by you is an offer by you to purchase the Content for the price plus the Delivery Charge as shown at the time of submission of your Order. Mushroom may accept or reject your Order in its absolute discretion including in particular, the terms set out in Section 9.2.
7.2 Each Order that you place will, if accepted by Mushroom, be a separate and binding agreement between you and Mushroom with respect to the supply of the relevant Content, in accordance with these Terms and Conditions.
7.3 If you place an Order for someone else to receive the Content you must obtain their consent before providing Mushroom with their personal information and, by placing an Order, you confirm Mushroom that you have done this.
7.4 Sale of Restricted Content is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Content you warrant to Mushroom that you are 18 years of age or older, where you Order products that are classified R18+;
7.5 When placing an Order for Restricted Content you warrant that you are not obtaining the Restricted Content on behalf of a person who is not eligible to purchase the Restricted Content themselves.
7.6 Please ensure that you enter all information carefully when placing an Order. You warrant to Mushroom that all information provided by you in relation to each Order is complete, true and accurate.
7.7 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Mushroom. Mushroom will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
7.8 Where you place separate Orders the Content will be delivered separately and a separate Delivery Charge) will apply to each Order. Mushroom cannot consolidate separate Orders into one delivery.
7.9 You acknowledge that all Content that you Order is intended for personal, domestic, non-commercial use only.
8. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
8.1 When you submit an Order you will receive an Order reference number via e-mail.
8.2 Mushroom will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 10.2). Your Order is deemed to be accepted by Mushroom when Mushroom does this, however Mushroom may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. If Mushroom cancels your Order having already processed payment, it will refund payment in accordance with Section 13.2.
8.3 When paying for a Pre-Order by credit card, Mushroom will take payment for your Order immediately before dispatch of the Content to you. Your Order is deemed to be accepted by Mushroom when Mushroom does this.
8.4 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you.
8.5 When Mushroom accepts an Order it represents an agreement by Mushroom to supply the Content to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
8.6 You must pay for Content by credit card (Visa or Mastercard), If the name on the credit card does not match the name on the Order, Mushroom may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card you authorise Mushroom to deduct the price and the applicable delivery charge(s) from such card.
8.7 Mushroom reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
8.8 Mushroom may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Mushroom reserves the right to cancel your Order and/or place your Order on hold and request and you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
8.9 Content that you have ordered will not be dispatched to you until your payment for the Content has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
9. CANCELLATION OF ORDERS
9.1 Mushroom reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Mushroom may do this for example, but without limitation, where:
(a) Mushroom’s suppliers are unable to supply Content that they have previously promised to supply;
(b) an event beyond Mushroom’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Mushroom is unable to supply the Content within a reasonable time;
(c) Content ordered was subject to an error on the website, including a description, price or image, which was not discovered prior to the Order being accepted;
(d) If the Content ordered is considered by Mushroom to be commercial quantities.
9.2 You may cancel your Order where Mushroom:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Content.
9.3 Where Mushroom cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
9.4 If Mushroom or you cancels your Order after payment has been processed, Mushroom will refund any money paid in respect of that Order.
9.5 Except to the extent otherwise required by law (including, the Australian Consumer Law) or as expressly set out in these terms and conditions, Mushroom will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
10. DELIVERY
10.1 Risk and title in Content passes to you on the date and time of delivery of the Content to the delivery address provided in your Order.
10.2 Content will generally only be delivered to addresses within Australia. Mushroom is unable to deliver to certain parts of Australia and where this is the case the Website will reject your Order or we will notify you.
10.3 Where requested, Mushroom will deliver to PO Boxes in Australia where possible based on the size of the Content. Where it is not possible to deliver the Content to a PO Box and you have input a PO Box as the delivery address when placing your Order, Mushroom will call you to arrange an alternative delivery address
10.4 Following dispatch of your Content, Mushroom will email you with confirmation of dispatch and an invoice for your Order.
10.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Content will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address. Mushroom makes no warranties or representations on behalf of delivery service providers.
10.6 If you require Content that you have ordered to be re-directed to an address which is not the original Order address Mushroom may charge you a reasonable fee for doing this.
11. DELAY IN AVAILABILITY OR DELIVERY OF CONTENT
11.1 You agree and acknowledge that:
(a) events outside Mushroom’s control may cause delays, or in some circumstances, prevent your Content from being delivered;
(b) delays are particularly likely to occur around Christmas, Easter and public holidays.
12. REFUNDS OF YOUR MONEY
12.1 Where Mushroom is obliged to refund your payment pursuant to these Terms and Conditions, Mushroom aims to initiate your refund within 2-5 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
12.2 You will be refunded the same way you paid, credited into the same account your payment came from.
13. RETURNS/FAULTY OR DAMAGED CONTENT
13.1 You should check your Content as soon as it is delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact Mushroom on [email protected]
13.2 Please contact us within 30 business days of receiving the Content, citing your order number and nature of your return and we will respond within 1-3 business days on how to proceed.
13.3 If your Content is faulty you may choose a refund to your original payment method or exchange for Content that is not faulty (depending on stock availability).
13.4 If your Content is faulty we will require a photo showing the fault, this will make the returns process faster for you.
13.5 Content must be returned unused and unaltered, with all original packaging and labelling in good condition.
13.6 When returning Content please provide Mushroom with your proof of purchase.
13.7 We will only return faulty or incorrect Content as otherwise required by law.
14. PRIVACY
14.1 Mushroom’s policy on the collection, use and disclosure of customers’ personal information is set out in its privacy policy which forms part of these Terms and Conditions and can be viewed on the website.
15. GENERAL
15.1 Mushroom reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
15.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
15.3 These Terms And Conditions are governed by the laws of Victoria, Australia