TERMS & CONDITIONS
To register with BAKERSMITH&MARC PTY LTD, and any of its Divisions, you must agree with the Terms and Conditions of Use Agreement below.
Use of the Site will be taken by BAKERSMITH&MARC PTY LTD as agreement by the User of the Terms and Conditions set out below.
1.1. This agreement is made between you (“Your”) as the user (“User”) and BAKERSMITH&MARC PTY LTD and constitutes the terms and conditions in respect of your access to the BAKERSMITH&MARC PTY LTD website (“the Site”) and the use of services (“the Services”) available to users of the Site. Any use of this Site as a registered User will constitute acceptance of these Terms and Conditions.
- Use of the Site and Fees
2.1. You are permitted to access and use the Site for the purpose of facilitating access to the materials and services.
2.2. All payments must be made online by way of an acceptable credit or debit card using our secure third party online payment processor
2.3. BAKERSMITH&MARC PTY LTD reserves the right at any time to alter its fee structure. As a courtesy, advanced notice of intended alterations in fees will be announced by posting a notice on the Site.
- User Name and Password
3.1. BAKERSMITH&MARC PTY LTD will automatically confirm your login details (“Username” and “Password”) when you request registration by sending an email to the address you provided during registration.
3.2. You may change the Password at any time using the facility provided on the Site. You must immediately notify BAKERSMITH&MARC PTY LTD of any Password which is lost, inoperable or used in an unauthorised manner.
3.3. You are responsible for all use of the Site made using your username and password, whether or not the use is made by you or by someone else using your login and password. You are responsible for protecting and securing your password from unauthorised use and you should not divulge your password to anyone else.
3.4. BAKERSMITH&MARC PTY LTD will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and the User will indemnify BAKERSMITH&MARC PTY LTD against all loss, damage, claims, costs or demands in this regard.
- The Services
4.1. BAKERSMITH&MARC PTY LTD will provide you with a user modifiable web based database that you may use to maintain your user account.
4.2. BAKERSMITH&MARC PTY LTD will provide you with purchased items.
4.3. Any items purchased from BAKERSMITH&MARC PTY LTD are denominated in Australian dollars. If items are available in other currencies (e.g. through Paypal), this will be clearly identified. GST will be indicated and applied to all those for whom it is applicable (e.g Australian purchasers).
- Links from the Site
6.2. You are not permitted to frame the Site without the express written permission of BAKERSMITH&MARC PTY LTD.
7.1. The records of all activities you undertake or record using the Site will remain strictly confidential.
- Shipping Policy
8.1. Shipping will be handled in accordance with BAKERSMITH&MARC PTY LTD’s Shipping Policy, a copy of which may be viewed on the Site.
8.2. Shipping times are estimated at between 5-10 business days depending on your location. In the event that a product is out of stock, you (the customer), will be contacted within 3 working days.
8.4. BAKERSMITH&MARC PTY LTD ships goods internationally. Import taxes (if any) are the customer’s responsibility.
- Customer Service Policy
9.1. BAKERSMITH&MARC PTY LTD is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. In the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 3 business days to arrange an agreeable alternative item, a backorder or a full refund.
- Returns Policy
Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision.
10.1. Returns will be handled in accordance with BAKERSMITH&MARC PTY LTD’s Returns Policy, a copy of which may be viewed on the Site.
10.2. You can choose between an exchange or credit where goods are faulty, have been wrongly described, are different to the product purchased on the website or doesn’t do what it is supposed to do.
- Security Policy
11.1 When purchasing from BAKERSMITH&MARC PTY LTD your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre.
- Duration and Termination of Agreement
12.1. This agreement will continue until either the User or BAKERSMITH&MARC PTY LTD terminate it. Either party may terminate the agreement at any time by sending notice of termination to the other party. On termination, you will cease to be an authorised User of the Site and the Services.
12.2. If BAKERSMITH&MARC PTY LTD has reason to believe that any information the User has supplied is not accurate, or if it considers that the User has breached this agreement it may terminate this agreement with 24 hours’ notice and without liability to the User and the User will cease to be an authorised User of the Site and the Services.
12.3. BAKERSMITH&MARC PTY LTD will not be obliged to refund any amounts paid by the User in respect of the Services, the Site or these Terms if the Services or the User’s licence to use the Site is terminated under this clause 9.
- Intellectual Property
13.1. Intellectual property in the Site, the Content, the Services and all components of them is owned by or licensed to BAKERSMITH&MARC PTY LTD unless otherwise indicated. Users are permitted to view and print copies of the Content from the Website for the purpose of the User’s own private study in connection with the Services.
13.2. All other copying, downloading, reproduction, distribution adaptation, modification or communication of the Site or any Content is prohibited except with the express written permission of BAKERSMITH&MARC PTY LTD. Except to the extent that this right cannot legally be excluded, the User must not disassemble, decompile or reverse engineer any part of the Site.
13.3. The Site may contain trademarks which are registered or otherwise protected by law. These include the BAKERSMITH&MARC PTY LTD name and logo and the logos of various BAKERSMITH&MARC PTY LTD products and the trademarks of third parties. The User is not permitted to use these trademarks without the written permission of the trademark owner.
13.4. The User acknowledges that a breach of these Terms may infringe not only the rights of BAKERSMITH&MARC PTY LTD, but also the rights of third parties whose intellectual property is licensed to BAKERSMITH&MARC PTY LTD. Without limiting any other provision of these Terms, the User agrees to fully indemnify BAKERSMITH&MARC PTY LTD in respect of all claims, demands and proceedings brought by third parties (including all legal fees) arising out of the User’s breach of these Terms.
- Representations, Warranties and Disclaimer
14.1. THE SITE, THE SERVICES AND THE INFORMATION AND OTHER MATERIAL CONTAINED IN THE SITE, WHETHER VISUAL, WRITTEN, OR AUDIBLE (“CONTENT”) IS OFFERED AS-IS AND BAKERSMITH&MARC PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE PRESENCE OR ABSENCE OF DEFECTS OR ERRORS.
14.2. Site Content is subject to change at any time without notice. The Site and the Services are provided for education and training purposes only and are not intended as a substitute for professional advice. BAKERSMITH&MARC PTY LTD uses reasonable endeavour to provide current and accurate Content, however the Site and the Content may contain errors. BAKERSMITH&MARC PTY LTD does not represent that the Content is current, accurate or complete, or that it is appropriate for the Users specific requirements. BAKERSMITH&MARC PTY LTD does not accept any liability from any person for the information or advice (or the use of such information or advice) which is provided on the Site or any web site linked from it.
14.3. Although reasonable efforts are made by BAKERSMITH&MARC PTY LTD to ensure the integrity of the Site, BAKERSMITH&MARC PTY LTD cannot guarantee the safety of computer systems of site users. BAKERSMITH&MARC PTY LTD does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Site. The User acknowledges that the User enter and uses the Site at their own risk.
15.1. THE LIABILITY OF BAKERSMITH&MARC PTY LTD AND ITS RELATED BODIES CORPORATE FOR ANY LOSS, DAMAGE, CLAIM, COST OR EXPENSE WHATSOEVER ARISING OUT OF, OR, IN CONNECTION WITH THESE TERMS, THE USE OF THE SITE, OR THE SERVICES WILL BE LIMITED FOR AN AGGREGATE OF ALL CLAIMS TO AN AMOUNT EQUAL TO THE FEES FOR THE SERVICES PAID BY THE USER TO BAKERSMITH&MARC PTY LTD IN THE TWELVE MONTHS PRIOR TO THE THEN CURRENT CLAIM ARISING.
15.2. BAKERSMITH&MARC PTY LTD and its related bodies corporate will not in any case be liable for any direct or indirect lost profit, loss of revenue, loss or corruption of electronically stored data or, without limiting the foregoing, any indirect, consequential or special damages howsoever described or claimed, arising out of or in connection with these Terms, the Site, or the Services.
15.3. Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on the User by any applicable law in their country of residence that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of BAKERSMITH&MARC PTY LTD for a breach of such non excludable condition or warranty is limited, at BAKERSMITH&MARC PTY LTD’s option, to: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
16.1. The User will fully indemnify BAKERSMITH&MARC PTY LTD in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following: (a) any breach of these Terms by the User; (b) Your use of the Site; or (c) without limiting the foregoing, any claim that the use of the Site or any Submitted Material communicated by the User infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).
- Prohibited Uses
17.1. In using the Site in general and in particular any Discussion Forum, You must not: (a) engage in marketing or commercial promotion of products or services; (b) impersonate or falsely claim to represent a person or organisation; (c) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; (d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Site in a manner which is unlawful or would infringe the rights of another person; or (e) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
18.1. These Terms are governed by and must be construed in accordance with the laws of New South Wales. The parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
19.1. You may serve a notice on BAKERSMITH&MARC PTY LTD for the purposes of this agreement by sending an e-mail to firstname.lastname@example.org. BAKERSMITH&MARC PTY LTD may serve a notice on you by sending it to your email address. Notices will be deemed to have been served one hour after transmission by email.
- Changes to the User Agreement
20.1. BAKERSMITH&MARC PTY LTD may add, remove or change the provisions of this agreement from time to time. All changes will be notified to you by being posted on the Site. It is your responsibility as a user to refer to these additions and changes. Changes will come into effect immediately on being posted and you will be deemed to have accepted them if you continue to access the login area of the Site after that time. If you do not wish to accept them, you must terminate this agreement as described above.
21.1. Each party will promptly execute all documents and do all things that the other party reasonably requires of it to give effect to the provisions of these Terms.
21.2. The failure of either party to insist upon a strict performance of any of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms.
21.3. If any provision in this Agreement is held to be illegal or unenforceable for any reason, such provision shall be severed and the remainder of this agreement shall continue in full force and effect.
21.4. Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. You are not permitted to assign any of Your rights, benefits or obligations under these Terms.
21.5. This document embodies the entire understanding and agreement between the parties as to the subject matter of these Terms and supersedes all prior communications and agreements between the parties as to its subject matter. Each party agrees that unless expressly stated in these Terms, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms.
21.6. Headings have been included in these Terms for convenience only and are not considered part of, or be used in interpreting, these Terms.
22.1. Due to the leather making process, colours may vary between individual products
22.2. Each wallet is handmade which gives each item uniqueness. Product size may vary slightly between individual items, as well as branding quality and embossing depth.
22.3. Some leather colours may run depending on humidity, moisture and application of use. We always recommend to test our leather goods on material surfaces first. Especially before wearing those snug fitting white pants.
22.4. Leather products are designed to stretch, so rest assured, you will get those items in there, just squeeze them in. You’ll see.