Welcome to Mary’s Kouzina
The following terminology applies to these Terms: “Customer”, “You” and “Your” refers to you, the person accessing this website, making a purchase, and accepting the terms and conditions. “Ourselves”, “We”, “Our” and “Us”, refers to Mary’s Kouzina. “Party” or “Parties” refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the customer in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, the materials displayed on this website, including all editorial materials, information, photographs, illustration, artwork and other graphic materials, and names, logos and trademarks, are the property of Mary’s Kouzina and are protected by copyright, trademark and other intellectual property laws. Any such content may be displayed and printed solely for your personal and non-commercial use. We do not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the website or in the user interface of the website.
You must not, without our express written permission:
- Republish material from https://www.maryskouzina.com.au
- Sell, rent or sub-license material from https://www. maryskouzina.com.au
- Reproduce, duplicate or copy material from https://www. maryskouzina.com.au
- Redistribute content from Mary’s Kouzina (unless content is specifically made for redistribution).
Hyperlinking to our Content
Organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site. When linking to our site, please use the name "Mary’s Kouzina”.
No use of the Mary’s Kouzina logo or other artwork will be allowed without prior agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Links to other websites
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
We are committed to providing you with the best possible customer service experience. We are bound by the Privacy Act 1988 (Cth), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. We take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future, only data collected from the time of the policy change forward will adhere to our updated practices.
Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. We reserve the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Terms and Conditions
1. The Shop
Care has been taken to ensure that the products and descriptions of them on this site are accurate. We do not, however, promise or represent that it is accurate or free from errors or omissions and we reserve the right to make any necessary corrections. You should enquire with us directly to ensure the accuracy and currency of the material you seek to rely upon.
We endeavour to ensure that only accurate and up to date information is placed online. In the event that incorrect information is included in the shop, we will place a correction on the shop content area.
1.3 Order Cancellations
We reserve the right to cancel any order, at any time before delivery. We may do this for reasons such as, but not limited to, the following:
- Our suppliers are unable to supply goods that they have previously promised to supply.
- an event beyond our control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, which affect our ability to supply the goods within a reasonable time.
- goods ordered were subject to an error on the website, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted.
- in the circumstances set out in Sections 1.8
You may cancel your order if Mary’s Kouzina:
- has breached a material term of this Agreement;
- is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the website for the applicable selected delivery option, 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 goods; or
- which was outside the control of Mary’s Kouzina, including the situations set out above.
Where we cancel your order after acceptance we will send you an e-mail notifying you of cancellation.
In the event Mary’s Kouzina or you cancel your order after payment has been processed, we will refund any money paid in respect of that order. Section 1.4 of these Terms and Conditions sets out further information about refunds.
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, we 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.
Furthermore, we reserve the right to reject an order if, in our opinion (acting reasonably), the order is unacceptable.
1.4 Refund policy
All products sold by us must be:
- fit for all the purposes for which goods of that kind are commonly supplied
- acceptable in appearance and finish
- free from defects
You can return an item to us if:
- it's faulty
- it's incorrectly described
- it's different from a sample shown
- it doesn't do what we said it would do
- it's not of an acceptable quality
If the product is unsafe, can't be fixed within a reasonable time, or you simply would not have bought it given the nature of the defect, we'll offer you an exchange, repair or refund.
To ask for an exchange, repair or refund, you'll need to prove that you purchased the product from us. If you can't provide an order confirmation, another form of proof of purchase will be required.
If the product is assessed to be faulty or unfit for its intended purpose, refunds will be issued using the same method as your original payment.
The provisions of this clause do not derogate from any rights you may have under law, including the Australian Consumer Law.
1.5 Change of mind returns
Under Australian consumer laws, we are not obliged to offer, nor do we offer, refunds for change of mind.
1.6 Disclaimer of warranties
To the maximum extent permitted by law (most importantly the Australian Consumer Law):
- We disclaim all warranties with regard to the information and applications contained on the website and your use of the website;
Mary’s Kouzina, its contractors, agents, or employees disclaim liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the use or performance of the website whether in contract, at common law or in equity, or on any other basis, except to the extent that the damage is directly caused by fraud or wilful misconduct by Mary’s Kouzina.
- If We become liable for any breach of any guarantee, condition or warranty, Our liability for breach of any guarantee, condition or warranty shall be limited to at its option (and, provided it is fair and reasonable to do so), any one or more of the following:
- In the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring goods; or payment of the cost of having the goods repaired; and
- In the case of services: to either resupplying the services or payment of the cost of having the services supplied again.
1.7 Security information
At the time that you enter the site and any time you are asked to supply personal information you are within a secure environment. From that time, the link between your web browser and the Mary’s Kouzina website will be protected using a security certificate. This will be indicated by the appearance of a padlock on your browser.
You should note that credit card numbers will not be stored on the web site and will never be made publicly available. All information concerning your order is encrypted and can only be viewed by members of our team with authorised access to that information. As noted your credit card details are not visible to the members of our team.
1.8 Stock availability
We will endeavour to supply all goods publicised in the shop. Similarly, products will be removed from the shop as soon as we become aware that those goods are unavailable. However, there may be unavoidable occasions when:
- All or part of your order cannot be fulfilled immediately, or
- All or part of your order cannot be fulfilled at all.
Where part of an order cannot be fulfilled immediately, the part that can be supplied will be dispatched as soon as possible.
Where part of your order cannot be fulfilled at all you will be advised as soon as possible by email or telephone.
All products with a limited sales period which are displayed in the shop will have the withdrawal date clearly shown.
However, where a product which does not have a specified sales period becomes unavailable due to unexpected or high demand, and that item is ordered by you before we have withdrawn that item from the Shop, We will not be held responsible for inability to complete that order. In this instance, you will be advised by email or telephone.
1.9 Delivery standards
We will endeavour to dispatch all orders within 5 working days of receiving the order and endeavour to deliver all orders within 8-14 business days from receipt of order (within Australia).
All products will be shipped via Australia Post registered post unless otherwise stated.
1.10 Incorrect details supplied
Please note that acceptance of your order implies that we will fulfil your order within the time specified in the Delivery Standards. The following situations are exceptions:
- If and when incorrect payment details, including credit card details, are supplied;
- Where correct credit card details are supplied but funds are not approved.
- Where fraudulent activity is suspected / identified
- Where cleared funds through your nominated payment method have not been received
In the event that you supply incorrect payment or delivery details, we will take all reasonable steps to contact you using the personal details that you have provided. In the event that your supplied contact details are incorrect, however we will not be held responsible for not fulfilling your order, nor for being unable to advise you that this is the case.
These Terms and Conditions are governed by the laws of New South Wales, Australia. In the event of a dispute you agree to submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia