1.   Introduction

The website at www.brionymarsh.com (“Website”), is operated by Briony Marsh, a company registered in Australia with registered ACN 32 204 101 150 and having its business office at 69 Ocean View Cresent, Torquay, Victoria, 3228. 

For any questions please contact via email at contact@brionymarsh.com or by telephone on +61 3 5261 5531.  References to “we”, “us”, “our” and “Briony Marsh” in these terms refers to the Company. 

2.    Terms and Conditions

These terms and conditions set out:-

  • The terms and conditions upon which we sell and supply any products (“Products”) listed on our Website; and
  • The terms and conditions upon which you may use the Website. 

Please ensure that you read these terms and conditions of sale and use (the “Terms”) carefully before you purchase a Product or start to use the Website.  

By purchasing a Product and/or using our Website, you indicate and confirm that you accept the Terms, that you understand the Terms and that you agree to abide by them.   If you do not agree to the Terms, please refrain from purchasing any Products or using our Website.

Any sale of Products via the Website will be on the basis of these Terms.  You may wish to print a copy of these Terms and retain them for your records.

3.    Serviced countries

This Website is only intended for use by people who reside in Australia (‘Serviced Countries”), as we currently only ship within Australia.

4.    Purchase of products

By placing an order on our Website you warrant and represent that you are:-

(a) legally capable of entering into binding contracts;

(b) at least 18 years old;

(c) resident in one of the Serviced Countries; and

(d) accessing the Website from that country.

5.    Formation of contract

After placing an order you will receive an email from us acknowledging that we have received your order (“Order Confirmation”).  This does not mean that your order has been accepted.  Your order constitutes an offer by you to us to buy a Product.  All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched. 

The contract (“Contract”) between us will only be formed when we send you the Dispatch Confirmation and will only relate to those Products for which dispatch has been confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.   You must check all emails, including the Order Acknowledgement and the Dispatch Confirmation, and ensure that the details in such emails are correct.

Non-acceptance of an order may be a result of (but is not limited to) one of the following:-

(a) The Product that you ordered being unavailable from stock;

(b) Our inability to obtain authorisation for your payment;

(c) The identification of a pricing or Product description error; or

(d) You not meeting the eligibility criteria set out in these Terms.

6.    Returns policy

You can return unworn Products bought on this Website by mail within 7 days of your order date.

Please send your Products back to us in their original condition, with all tags still attached and with the appropriate purchasing documentation. Failure to do this may result in delays in processing any exchange or refund.  All costs associated with the return of goods are the sole responsibility of the customer except in the case that the Product is faulty.

7.    Refunds policy

If you cancel this Contract, we shall reimburse to you the payment received from you, excluding the cost of delivery.

We will make the reimbursement without undue delay and in any event not later than 14 days from the day on which we received your return.

We will make the reimbursement using the same means of payment as you used for the initial transaction.

If you return a Product for any other reason than it being deemed faulty within 7 days, we shall examine the Product and notify you within 7 days.  Products returned as a result of a defect with be refunded in full, including the delivery cost incurred by you in returning them to us. 

8.    Availability and delivery

Delivery times may vary. However, we aim to deliver your Products within 1 to 3 business days to any given Australian location.  All deliveries can be tracked online and this tracking information will be sent to you once your Products have left our warehouse.

It is your responsibility to ensure correct delivery details are provided.  We are not responsible for reshipping orders at our expense if incorrect details are provided. Delivery shall be completed when we deliver the Products to the address that you gave us and the Products will be your responsibility.

9.    Risk and title

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you from the time of payment.

Risk in relation to Products being returned to us passes from you to us once you have posted the returned Products.

10.    Price and payment

The price of any Products will be as quoted on our Website in Australian dollars.  These prices include GST. 

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent.

In order to process your order, we will need to share your payment details with third party service providers. This will be done in accordance with our privacy policy. By providing us with this information, you specifically authorise us to do this.

You must make payment for Products in advance by credit or debit card, or Pay Pal.  We will not dispatch the Products to you until your payment for the Products purchased is approved.

11.    Our liability

You acknowledge that you have made due inquiries and rely on your own skill and judgment when deciding whether the Products are fit for all the purposes for which products of the kind are commonly supplied. Subject to any specific warranties offered in relation to specific Products or those implied by law, we do not offer any guarantees or warrantees in relation to the Product(s).

It is your responsibility to satisfy yourself that Products are of a description, quality and character suitable for the purpose for which they are purchased and, to the extent permitted by law, Briony Marsh shall not be liable in any way for any loss or damage (including direct, indirect or consequential) arising from your failure to so satisfy yourself.

We will not accept liability for a failure to comply with specific care instructions stated in the Product or within the Product’s packaging.

To the extent permitted by law, we exclude all statutory or implied conditions and warranties and any other liability we may have to you (including liability for indirect or consequential loss) that may arise under statute or at law including without limitation for breach of contract, in tort (including negligence) or under any other cause of action.

To the extent permitted by law, we limit our liability which cannot be legally excluded under all statutory or implied conditions and warranties and any other liability we may have to you (including liability for indirect or consequential loss) that may arise under statute or at law including without limitation for breach of contract, in tort (including negligence) or under any other cause of action, to whichever of the following we determine at our discretion:

·      supplying equivalent Products again; or

·      paying of the cost of acquiring equivalent Products again.

In any event, we are not responsible for any indirect losses of any nature and howsoever arising (whether loss of income, revenue or otherwise), including but not limited to:-

(a) Loss of income or revenue;

(b) Loss of business;

(c) Loss of profits or contracts;

(d) Loss of anticipated savings;

(e) Loss of data.

We will take all reasonable care, in so far it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

You indemnify us against all costs (including legal costs), expenses, damages, accounts or other losses or liability, including those arising from any actions, suits, proceedings, claims or demands, made against or suffered by us, arising out of supplying the Products in accordance with these Terms or arising out of the you breaching any of your obligations (which includes any negligent act or omission by the you or your agents) under these Terms.

12.    Accessing our site

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw, deny access to or modify the service we provide on our Website without notice (see below). We will not be liable if, for any reason, our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

Access to the Website is always subject to these Terms and your use of the Website constitutes your acceptance of these terms of use. These Terms can be updated at any time and it is your responsibility to check this page from time to time to ensure you agree with any amendments.

13.    Description of products

We have taken every care in the preparation of the content of this Website. In particular, we have made every effort to display as accurately as possible the colours of our products that appear at the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.  

14.    Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy.

15.    Viruses, hacking and other offences

We make every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to you in order to use the Website and screen out anything that may damage it.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website in any manner whatsoever, including via a denial-of-service attack or a distributed denial-of service attack.

We will report any such breach of these provisions to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it. 

16.    Linking to our 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, but 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.

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

17.    Waiver and rights of third parties

If we do not insist upon strict performance of any of your obligations under the Contract or these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

No person other than a party to this Contract shall have any rights to enforce any term of this Contract.

18.    Assignment

You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any legal entity that we enter into a joint venture with, purchase or are sold to. 

19.    Severability

If any of these Terms or any provisions of the Contract are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 

20.    Entire agreement

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on nor has any remedies in relation to, any statement, representation, assurance or warranty which is not expressly set out in these Terms and any document expressly referred to in them.

Nothing in this paragraph shall limit or exclude any liability for fraud.

21.    No set off

You may not, without the consent of Briony Marsh, raise a set off or counterclaim available to you against Briony Marsh in reduction of your liability under these Terms.

22.    Our right to vary these Terms and Conditions

We have the right to revise and amend these Terms from time to time.

You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

23.    Law, jurisdiction and language

Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) or the use of this Website will be governed by the laws of the State of Victoria, Australia.

Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) or the use of this Website shall be subject to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.

We retain the right to bring proceedings against you for breach of these provisions in your country of residence or any other relevant country.

Any contracts for the purchase of Products through our Website and all communications between us will be in the English language.