Delivery Terms of Marimekko Corporation Applied as of 1.4.2016
These general terms apply to you, the customer, when you purchase from Marimekko Australia Pty Ltd. through our website at https://marimekko.com/au_en/.
We encourage you to carefully familiarise yourself with these general terms before making any orders online.
Any person ordering online must be at least 18 years old and he/she must hold a fixed delivery address within Australia. For example: hotels and other similar temporary addresses are not regarded as fixed addresses.
Please note that these general terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction. Nothing in these general terms excludes, restricts or modifies, or has the effect of excluding restricting or modifying the provisions of the Competition and Consumer Act 2010 or the warranties and guaranties in the Schedule 2 of the Act - Australian Consumer Law.
2. Your contracting party
Your contracting party in all orders made in the web shop is Marimekko Australia Pty Limited ABN 11 154 920 804, whose contact details are:
Marimekko Australia Pty Limited.
Address: 2A Kipling St, Richmond 3121 Victoria
Company registration number: ACN 154 920 804
Contact e-mail: firstname.lastname@example.org
Telephone: 1300 853 671
3. Product orders and contract formation
Product orders are made online by adding the desired product(s) to the Shopping Cart and making the respective payment on the “Payments” page. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order on each page of the order process. Purchasing online requires that you provide us with a valid email address. A contract is concluded when Marimekko confirms the order by email; information contained in Marimekko’s advertising, brochures or other written materials, whether on Marimekko’s online store or given to you is not an offer by Marimekko to supply any product(s). The confirmation includes the price and the costs of delivery of the order, the ordered products, as well as other information required by applicable mandatory legislation.
Online cancellation and order amendments
Unfortunately, we are unable to cancel or make any amendments to any online orders after your order is placed. Amendments may include but are not limited to:
Change of delivery address Changes to colours and sizes Adding or removing items Applying discounts Full order cancellations Please ensure all details provided are full and correct at the time of order placement.
4. Prices, costs and taxes
The prices only apply to orders made in this web shop. All prices are inclusive of Australian Goods and Services Tax. The formulation of delivery costs has been described in these general terms under Section ”Shipping and handling”. Order-specific delivery costs are shown in the Shopping Cart. Marimekko reserves the right to change the prices and the delivery costs applied to the web shop, provided that any changes shall only apply to orders made after the entry into force of such changes.
5. Methods of Payment
The customer may pay his/her orders by using the methods of payment defined in the web shop. You can read about the methods of payment that we offer as well as about applicable discounts here. Unless otherwise agreed, Marimekko charges the customer upon making the respective order. In case of invoicing or payment in instalments, Marimekko or its partners may acquire the customer’s credit data from a third party. In such cases Marimekko shall inform the customer of the same. Marimekko reserves the right to exclude certain methods of payment at certain times, or propose to change the method of payment of a specific order, if the method chosen by the customer does not function for some reason. Please note that the restrictions on the use of the available methods of payment are stated in the web shop and we recommend that you read them carefully before making any orders.
The payment services offered in the web shop are provided by Adyen BV (”Adyen”) (Simon Carmiggeltstraat 6-50 Amsterdam, 1011 D, Netherlands). More information on these services and their terms are found at www.adyen.com or in our web shop when making the respective payment. We also offer payment via Afterpay (Afterpay, Level 16, 380 La Trobe Street, Melbourne VIC 3000, Australia). More information about this service can be found at www.afterpay.com.au.
6. Shipping and handling
All costs of delivery of products ordered in the web shop are inclusive of postage and packaging costs. The costs of different delivery methods are shown in the Shopping Cart when the products have been chosen. Marimekko sends the tracking code of the package to the customer by e-mail when the products are shipped from Marimekko’s warehouse. If the packaging appears to be damaged, please do not accept the shipment.
Orders with standard shipping option will be delivered by Australia Post in accordance with its Parcel Post delivery times within Australia (https://auspost.com.au/sending/send-within-australia). Package will be delivered to the nearest neighboring Post Office if unable to deliver. Australia Post holds parcels up to 10 business days, and after that it will be returned to the sender. We do not deliver outside Australia or to the following GST free zones: Norfolk Island, Christmas and Cocos Islands or Australian Antarctic Territory.
7. Time of delivery
We will ship the product(s) ordered from the web shop without undue delay after we have confirmed the order, and in any event we use reasonable efforts to ship products(s) within thirty (30) days of the confirmation. You have the right to reject, at our cost for shipping, a product that is not what you have ordered.
6. Limitations of Liability
To the extent permitted by the Australian Consumer Law, Marimekko shall not be liable for any economic losses, loss of income, loss of profits, loss of contracts, business or anticipated savings, loss of goodwill, or reputation or special or punitive losses, nor any consequential or other indirect damage. This liability exclusion does not apply in cases of gross negligence or unlawful intent and does not apply to the liability of the seller for death or personal injury caused by the goods to any person or where has been a breach of a fundamental contractual obligation. To the extent permitted by applicable mandatory legislation, there are no warranties, conditions or other terms binding on Marimekko other than those mentioned in these general terms.
9. Return and refund
Marimekko online store has a sixty (60) day return policy from the time of receiving your delivery.
Subject to the Consumer Guarantees outlined below, products returned for change of mind within the above timeframes can be returned for a refund subject to the following conditions:
-Proof of purchase is accompanied with the returned product(s). -The product(s) are unworn, unwashed, unused and in their original product packaging with all tags intact. -Marimekko reserves the right to deny a return if it does not meet the conditions above. -Exceptions: Our change of mind policy does not apply to the following products: Fabrics; as they are cut to measure, Sale and Outlet items. Gift exchanges can only be carried out with a gift receipt or original proof of purchase receipt.
This does not affect your right to return product that are faulty or damaged.If you have received a damaged, defective or the incorrect item, please email Customer Service at aus.customerservice@marimekko with your order number and a reference / photo of the issue.
All products purchased via the online store, must be returned via the online store. Marimekko retails stores cannot process returns or exchanges for online orders.
Products purchased via our online store cannot be exchanged directly: you will need to place a new order for your item(s) and send back your original item for a refund.
Sale items: All items purchased on sale are considered final sale and will not be eligible for return unless deemed faulty by the company. By purchasing a sale item you agree that the item cannot be returned. All styles sold online or in-store on sale are considered final sale and cannot be returned.
Outlet: All outlet items are not eligible for return, unless the item is deemed faulty by the company. Outlet items applies to items that have been marked down to clear. By purchasing an outlet item, you agree that the item cannot be returned. All styles sold in our online outlet sale are considered final sale and cannot be returned.
Submitting a Return online:
Step 1: Fill out and submit our Returns form, which you can find here: marimekko.com/au_en/customer/returns.
Once we have received your return request via our returns portal and reviewed the eligibility of your return, we will then email you with your return label. Please allow 1 to 2 business days.
Step 2: Pack the item(s) carefully and include your delivery note and / or any other proof of purchase.
Step 3: Print and attach your return label to your parcel and drop the parcel at any Australia Post office.
Once your return has arrived and has been processed, funds will be returned to you, via the original method of payment. You will receive an email notification.
Any returned product(s) must be returned via registered Post Office for tracking purposes.
Customer will be liable for all the costs of the return, unless otherwise agreed between you and Marimekko.
When the customer returns a product ordered from the online store, Marimekko shall return the respective payments, including costs of delivery with an aim to use the same method of payment used by the customer when making the original transaction. In the event of partial returns, the costs of delivery will not be returned. All products must be returned carefully packed, in good condition and preferably in their original box and/or package.
If a product ordered from the online store has been returned to Marimekko in accordance with the above, Marimekko shall make the respective repayment through respective payment service provider as soon as the warehouse has received the product or the customer has provided Marimekko with a certification of the return (e.g. certificate of delivery).
10. Product Defects
In the event that a product bought from the web shop is defective, as defined in applicable consumer legislation, the customer may submit a claim to Marimekko. All claims must be made as soon as possible after becoming aware of the respective defect by using the contact details stated in the web shop.
In the event a claim leads to the product(s) being returned to Marimekko, Marimekko shall be liable for any costs of delivery caused by such return(s).
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The benefits that we provide to consumers under any express warranty are in addition to any other rights or remedies a consumer may have in respect of these goods or services under the Australian Consumer Law.
To the extent permitted by law, if we fail to comply with a statutory guarantee under sections 54 – 59 of the Australian Consumer law, Marimekko’s liability for such a failure is limited to, at Marimekko’s option: (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; (d) the payment of the cost of having the goods repaired, provided that it is fair and reasonable for Marimekko to rely on this term of the general terms.
To the extent permitted by law, if Marimekko fails to comply with a statutory guarantee under sections 60 – 62 of the Australian Consumer Law, Marimekko’s liability for such a failure is limited to, at Marimekko’s option: (a) supplying the services again; or (b) payment of the cost of having the services supplied again, provided that it is fair and reasonable for Marimekko to rely on this term of the general terms.
Marimekko’s liability for any loss, damage or expense that is not provided for under the above clauses is to the maximum extent permitted by law, limited to direct losses (and not indirect or consequential losses) of up to $100.
When a product subject to a claim is returned and the claim is substantiated, Marimekko shall credit to the customer the compensation required by applicable consumer legislation. Marimekko aims to pay the compensation within thirty (30) days after receiving the product(s) subject to the claim, but the actual payment date may vary, depending on the nature of the product(s). If the product(s) returned in accordance with this clause are not defective under applicable consumer legislation, Marimekko may reject the claim, and recover the costs of delivery caused by returning the product to the customer (if any).
These general terms are not intended to limit the customer’s legal rights nor Marimekko’s legal obligations related to product defects in any way including, without limitation, repair or replacement obligations.
Marimekko does not guarantee the availability of all products in the web shop. Except as required by law, Marimekko is not liable for any spelling mistakes or incorrect pictures presented in the web shop, nor for incorrect prices or price compensations (such as price changes made by its suppliers or changes in currencies), nor for incorrect information regarding any product’s stock situation. In the event a product ordered by a customer has been given an incorrect price, Marimekko shall notify the respective customer of the same prior to an order confirmation and freeze the order until the customer has accepted or rejected the new price. Marimekko expressly disclaims that products are fit for any specific purpose. All pictures and photos presented in the web shop are only to be referred to as indicative examples only and the products delivered to customers may vary including in relation to the amount, appearance, functionality, purpose or origin of the respective product(s). Where such variation occurs you may have rights to a refund or replacement under the Australian Consumer Law.
12. Force Majeure
Unless otherwise required by applicable mandatory legislation, Marimekko shall not be liable for any delays or defects that are caused by impediments beyond Marimekko’s control. These include with-out limitation industrial actions, acts of war and terrorism, fire, lightning, changes in applicable mandatory legislation, technical problems, interruptions in power/telecommunications/computer systers or other communication, as well as delays or defects in services provided by sub-contractors caused by the aforesaid. In the event of such situation, Marimekko shall notify the customer when it starts and when it ends. If the situation has lasted for more than two (2) months, both the customer and Marimekko are entitled to cancel the order made in the web shop with immediate effect.
13. Changes to the General Terms
Marimekko reserves the right to change these general terms at any time. All changes to these general terms are published in the web shop. The changes shall enter into force when the customer has accepted the general terms (when making a new purchase or when surfing on the web shop) and in any event after thirty (30) days of their publication. Marimekko recommends that the customer visit the web shop regularly to gain information on any changes to these general terms.
In the event a competent court, authority or arbitral tribunal rules that any section or term of these general terms is fully or partially invalid or unenforceable, the remainder of such section or term and all other sections and terms of these general terms shall remain valid and enforceable to the largest extent allowed by applicable mandatory legislation. All sections or terms that are held to be invalid or unenforceable shall be replaced by similar valid and enforceable sections and terms.
15. Applicable law and Dispute Resolution
All disputes arising out of or relating to these general terms, the web shop or purchases made in the web shop may be initially dealt with by contact with Marimekko’s customer service (contact in-formation in Section 2.), and finally by a competent court as determined by applicable mandatory legislation.
The legislation applied to these general terms shall be determined in accordance with applicable mandatory legislation. Unless otherwise stipulated by applicable mandatory legislation, these General terms shall be subject to the laws of Finland and any disputes arising out of or relating to these general terms shall be settled by the courts of Finland.