Access to and use of this website and the goods and services available through this website are subject to the following terms and conditions. By using this website you are agreeing to all of the terms and conditions which may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the terms and conditions.

general

these terms are governed by the laws of victoria, australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of victoria, australia.

your purchase of products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any product purchase, including by sending electronic notices.

from time to time, we may restrict access to some parts or all of this website. we will not be liable if for any reason this website is unavailable at any time or for any period.

neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.

if any part of these terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

this website also contains links to other websites, which are not operated by market stall co. market stall co has no control over these linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. your use of the linked sites will be subject to the terms of use and service contained within each such site.

you may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. you must not establish a link from any website that is not owned by you.

this website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. we reserve the right to withdraw linking permission without notice.

you must not disclose to any other person any user name and password that we give to you. we will assume that any use of this website made using that user name and password is you, and you will be responsible for any such use, except where you have otherwise notified us.

you must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.

in using this website, you must not:
(i) provide us with inaccurate or incomplete information;
(ii) violate any applicable laws, or use this website for any purpose that is unlawful or prohibited by these terms and conditions;
(iii) impersonate any person;
(iv) distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(v) collect or store personal data about other users of this website; or
(vi) engage in any other conduct that inhibits any other person from using or

intellectual property

the intellectual property rights of all software and content made available to you on or through this website remains the property of market stall co and is protected by worldwide copyright laws. all rights are reserved by market stall co.

you may store, print and display the content supplied solely for your own personal use. you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise. you shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by market stall co.

payment

you agree to pay the purchase price specified on the website at the time that you place your order for the product and any applicable shipping and insurance charges based on the shipping options selected by you. all amounts are stated in australian dollars. shipping and any insurance charges will be shown separately.

if the goods are being delivered outside of australia the seller is unable to advise you on the amount of any other taxes, and you should contact the taxing authorities of the country that the products are to be shipped to if you are unsure whether any other taxes will apply.

you must pay for the product online by credit card or paypal account. your payment will be processed upon receipt of your order. the credit cards that are accepted will be described on the website. a surcharge may apply for the use of certain credit cards, and where this is the case this will also be described on the website.

cancellation of orders

market stall co may cancel an order that it has already accepted if the seller suspects that you are acting fraudulently, such as using a credit card without proper authorisation or in breach of these terms.

while the seller endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and the seller may also cancel an order that it has accepted in such circumstances.

unforeseen supply problems or unexpected demand may occasionally result in a product being unavailable. if there is a delay in shipping your order market stall co will contact you by email as soon as possible to advise you of the reason for the delay. if this occurs, you may cancel your order at any time prior to when market stall co ships the product to you.

You may also cancel an order if the market stall co is in breach of these terms.

warranties and liability

the seller warrants that if any product fails to comply with the following promises within 30 days of your receipt of the product, you may return the product to the seller for a full refund or store credit.

every product will comply in all material respects with any descriptions given on this website. every product will be in saleable condition.

in addition, if the australian consumer law applies, market stall co provides you with notice of the following guarantee under the australian consumer law:

(a) you are entitled to a replacement or refund for a major failure and 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.

(b) all express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or a Product that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.

(c) nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the australian consumer law, which (as described above) contains guarantees which operate to protect the purchasers of goods and services in various circumstances).

(d) if any guarantee term, condition or warranty is implied or imposed in relation into this agreement (a non-excludable provision) and the seller is able to limit your remedy for a breach of such a non-excludable provision, then the seller’s liability for breach of the non-excludable provision is limited to one or more of the following at the seller’s option:
(i) 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
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

(e) subject to the seller’s obligations under any non-excludable provision, and to the maximum extent permitted by law, the maximum aggregate liability of the seller for all claims under or relating to these seller terms or a product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:
(i) aud$100; and
(ii) the amounts paid by you to the seller as a result of the purchase of a product.

in calculating the seller’s aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by the seller under any non-excludable provision.

(f) subject to the seller’s obligations under any non-excludable provision, and to the maximum extent permitted by law, the seller is not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

(g) the seller’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute

discount codes

account discount codes – discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.

promotional discount codes – we may from time to time offer promotional discount codes which may apply in respect of any, or certain specified purchases made though this website.

any further conditions of use relating to any discount code will be specified at the time of issue.

the following applies to all market stall co promotions, competitions and discount codes.
(i) only one promotion code can be used per order
(ii) maximum pre-discount spend limit of $500 applies per order
(iii) maximum 20% off
(iv) a promotion code can’t be used after an order has been placed

indemnity

you agree to indemnify, defend and hold harmless market stall co, its owners, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of these terms and conditions.

market stall co is committed to protecting the privacy of our site visitors and customers. The owners of market stall co are customers themselves of other online sites and fully appreciate and respect the importance of privacy on the internet.

collection of personal information

“personal information” is basically information or an opinion that can identify you.

the personal information we may ask for includes:

– information that identifies you, such as your name, address and date of birth;

– your delivery address;

– your email address;

– your telephone number; and

– you debit/credit card details.

we also collect information about visitors to this website using cookies and code embedded in this website, as described in the “cookies” and “site statistics” sections of this policy.

generally, if we do ask you for personal information, we will endeavour to say which information we require and which information is optional.

use of personal information

we usually collect personal information from you so that we can provide you with the goods you want. we may also use personal information for other reasons, including:

–updating you on our latest products, news and special offers (unless you tell us not to – which you can do at any time); and

conducting appropriate anti-fraud checks (this is done only to confirm your identity – a credit check is not performed and your credit rating is unaffected).

if you don’t provide some of the personal information we ask for (e.g. your name and address), we may be unable to provide you with the goods you want.

if we disclose your personal information to any of our group companies, they may use it for the same purposes that we may (including so that they can update you on their latest products, news and special offers via e-mail, post & telephone).

disclosure of personal information

we will provide personal information about our customers to third parties. these third parties usually help us in providing goods and services to you, and include:

  • –couriers (who we arrange to deliver goods to you on our behalf);
  • –organisations who carry out credit, fraud and other security checks; and

we may also disclose your personal information to third parties;

  • –where we have your express permission to do so
  • –where it can reasonably be inferred from the circumstances that you consent to the disclosure to the third parties
  • In the event that market stall co sells or buys any business or assets;

if market stall co or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or

if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of market stall co, our customers, or others. this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

we try to limit the information we provide to third parties to the information they need to help us provide goods and services to you. we also enter into contracts with these third parties that require them to meet the privacy standards we set for ourselves in handling your personal information, and use your personal information only for the purposes we gave it to them.

communication & marketing

if you have made a purchase from our store we may occasionally update you on our latest products, news and special offers via e-mail, post & telephone. you will also be given the opportunity to receive such communications from us and selected third parties when you become a member of market stall co.

all market stall co members have the option to opt-out of receiving marketing communications from us and/or selected third parties. if you do not wish to continue to receive marketing from us and/or selected third parties you should opt-out by on the market stall co website. you can access ‘your account’ once you register and login. or click on the “unsubscribe” link in any email communications which might we send you.

cookies

a cookie is a small information file that is sent to your computer and is stored on your hard drive. if you have registered with us then your computer will store an identifying cookie which will save you time each time you re-visit market stall co, by remembering your email address for you. you can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent. the website will work with cookies disabled, but you will need to manually sign in each time you visit the website.

we will not sell your name, address, e-mail address, credit card information or personal information to any third party without your permission, but we cannot be responsible or held liable for the actions of third party sites from which you may have linked and been directed to the market stall co website.

site statistics

we may disclose aggregate, anonymised statistics about the number of visitors to this website or number of purchases made as required. we use an independent measurement and research company to gather data regarding the visitors to this website on our behalf using cookies and code which is embedded in the site. both the cookies and the embedded code provide statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors’ screen settings and other general information. market stall co uses and stores this type of information, as with that obtained from other cookies used on the site, to help it improve the services to its users.

unfortunately, the transmission of information via the Internet is not completely secure. we will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

third party sites

our site may contain links to and from the websites of our partner networks, advertisers and other third parties. if you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. please check these policies before you submit any personal data to these websites.

access & correction of your personal information

if you wish to verify the details you have submitted to market stall co you may do so by contacting us via the e-mail address or address given below. our security procedures mean that we may request proof of identity before we reveal information. this proof of identity will take the form of your e-mail address and password submitted upon registration. you must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your e-mail and password. we would strongly recommend that you do not use the browser’s password memory function as that would permit other people using your computer to access your personal information. we encourage you to help us keep the personal information we hold about you accurate and up-to-date by updating your details immediately if you change your contact details (such as address, phone number, and email address).

you have the right to access the information which market stall co holds about you. you can also ask for corrections to be made.

you can request access to your personal information by contacting us either by email at info@marketstallco.com.au or by writing to us at 6 florence St, burwood, VIC 3125, australia.

contacting us

we are always pleased to hear from our customers (even if it is a complaint!). we are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied – we want you to return to the site and to recommend us to your friends and family. if you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to contact a customer service member of the market stall co team, we will be delighted to answer any questions you may have.

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