TERMS AND CONDITIONS

Welcome to the Ezibuy Web Site. Ezibuy provides this Site as a service to you, our customers. Please review the following basic rules that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.  

DEFINITIONS

“Conditions” means these terms and conditions;

“Contract/ Agreement” means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of such Order;

“International” means countries other than Australia or New Zealand;

“Transactions/Order” means an order placed by You via this Website for one or more Products;

“Personal Information” means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, contact details, address and card details;

“Product” means any product advertised on this Website;

“We/Us/Our” means Ezibuy, Mosaic Brands Ltd (Administrators Appointed) (Receivers and Managers Appointed), Ground Floor, 61 Dunning Avenue, Rosebery NSW, 2018

“Website/site” means Ezibuy.com.au which is operated by Us;

“You/Your” means a user of this Website.  

Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to these Terms, which shall apply regardless of how you access the Site.

Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.  

1. PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

2. CHILDREN

Ezibuy will over time provide content and information which children may find interesting and may wish to access. However, no one under the age of 13 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on the Website.  

3. TERMS OF SALE

By placing an Order, you are offering to purchase a product on and subject to the following terms and conditions. All Orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or forces outside of our control for which we will not be responsible.

In order to contract with Us you must be over 18 years of age and possess a valid credit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your Order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Us or may in some cases be a third party. Where a contract is made with a third party We are not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an Order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit card or an authorised user of the PayPal or Afterpay account used to place your Order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to changes.

We may reject or cancel an Order for any reason prior to or after our acceptance of a Transaction.  

A. OUR CONTRACT

When you place an Order, you will receive an acknowledgement e-mail confirming receipt of your Order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit card or withdrawn the funds from your PayPal or AfterPay account.  

B. PRICING AND AVAILABILITY

Whilst we try and ensure that all details, descriptions, and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel and you have already paid for the goods, but not received them, you will receive a full refund. Prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.  

C. COLOURS

We have done our best to display as accurately as possible the colours of the products shown on the Site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.  

D. PAYMENT

Upon receiving your order, we carry out a standard pre-authorisation check on your credit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your credit card will be debited once the order has been accepted.

E. PROMOTIONAL CODES

We may from time to time offer promotional codes which may apply in respect of any, or certain specified, purchases made though this Website.

The conditions of use relating to any promotional code will be specified at the time of issue.

These Terms & Conditions relate to all promotions, competitions and promotional codes (unless otherwise stated).

• Promotional codes cannot be redeemed for cash.
• An individual promotional code can only be used once per order.
• Promotional codes will not be resupplied if lost or stolen.
• The value of a promotional code will not be refunded if purchased items are returned.
• A promotion code can't be used after an order has been placed.  

F. CANCELLING YOUR PURCHASE

You have a right to request a refund for your purchase of Product(s) from the Site within 30 days of purchase and receive a refund if request is in line with our Returns Policy Noting that refunds are only permitted on faulty goods. Once an order is placed, you are unable to cancel it. To exercise your right to a refund, you may (i) return your Product to us using the returns form within 30 days of purchase (postage costs apply). This process excludes all Final Sale products and Third-Party products, these items are identified at purchase as well as on the receipt.

In the event that we do not receive your returned Product(s) within thirty (30) days of the latter of (i) the date you notified us of your return and (ii) the date you received your Product(s), the deemed date of receipt will be the date of the post-mark on the packaging of your returned Product(s). We will not be responsible for the costs of such return.  

G. FAULTY PRODUCTS

In the event that you receive a faulty Product, we recommend that as soon as you discover a fault, or if you received an incorrect item, please use the contact us form and send us a picture of the item and include a brief description of the fault.

Once assessed and approved by our team or Third-Party Seller, we will refund you back to the original tender type. Items deemed as general wear and tear and not due to a manufacturing fault will not be refunded.

We will not be liable to you for failures, defects or delays in delivery caused by:

• Your provision of incorrect or outdated information;
• Your mailbox being full;
• Your failure to comply with instructions for use of the Site; or
• Any event which is outside of our reasonable control.

This policy does not affect your rights under the Australian Consumer Law or Fair Trading Act (New Zealand), including consumer guarantees.  

H. MARKETPLACE PRODUCTS: THIRD-PARTY SELLERS

Marketplace Products are sold and supplied to customers directly by a third-party seller, not by Ezibuy, and shipped directly from the third-party seller’s warehouse. The third-party seller is responsible for listing, selling and delivering the product, and all product information. Ezibuy has not verified, and does not make or adopt, any representations regarding the product.

Marketplace Products are available only for Australian customers and are subject to Australian Customs and Duties charges upon delivery. Marketplace Products are excluded from all general site-wide promotional activity, including Reward Vouchers and do not contribute to any loyalty points or rebates, unless and only if there is a specific promotional offer on the Marketplace Product.    

4. MISUSE OF THE SITE

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Cybercrime Act 2001. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

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 this Website or to your downloading of any material posted on it, or on any website linked to it.  

5. THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, We may choose various third-party web sites to link to from this Site. However, even if the third party is affiliated with Us, We have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Us. We have no responsibility or liability for these independent policies or actions, and We are not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, We seek to protect the integrity of Our Website and the links placed upon it and therefore request any feedback on not only our Site, but for sites we link to as well (including if a specific link does not work).  

6. COPYRIGHT, TRADEMARK, INTELLECTUAL PROPERTY RIGHTS AND LICENSES

All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Us, one of Our affiliates or by third parties who have licensed their materials to Us. The entire content of the Site is protected by copyright laws.

The content of the Site, and the Site as a whole, are intended solely for the personal, non-commercial use by the users of this Site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any content or materials is transferred to You as a result of any such activities. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Site.

Ezibuy is a registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Us.  

7. “MY ACCOUNT” AND “WISHLIST”

You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account.

We reserve the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way.

We reserve the right to delete Your account or wishlist at any time. In this instance Your information will not be saved and cannot be retrieved by Us.  

8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to Us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Us of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.  

9. ENTIRE AGREEMENT

The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and Us. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of Mosaic Brands Ltd (Administrators Appointed) (Receivers and Managers Appointed)

10. COMPLAINT POLICY

Our Commitment Mosaic Brands Limited ACN 003 321 579 (Administrators Appointed) (Receivers and Managers Appointed) and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) (“we”, “our” or “us”) recognise the trust and confidence you are placing in us through your dealings with us. We do everything we can to maintain that trust and confidence and ensure we provide you with the highest level of customer satisfaction. Our team are employed on the basis that they will actively listen and respond to your feedback and complaints, and successfully resolve all issues to your satisfaction. We are committed to recognising, promoting and protecting your rights, including the right to provide feedback and complaints. We are committed to providing you with accurate and timely information. We are committed to providing efficient, fair and easily accessible mechanisms for resolving your complaints.

A. HOW TO MAKE A COMPLAINT

Our complaints management process is visible, easily accessible and responsive. It is easy for you to provide feedback and complaints in the following ways:

Via the contact us page on our websites

By phoning our Customer Care Team:

Australia: 1800 151 110

New Zealand: 64 9884 1254 Monday - Friday 9am-5:30am (AEST)

By email - customercare@mosaicbrandsltd.com.au

In writing: Po Box 7, St Peters NSW 2044 

If you wish to submit a complaint or concern, please provide us with all relevant details such as:

• The date and time of the incident or communication,
• The circumstances surrounding the event (including order numbers)
• Your concerns about what was said or done.
• Your expected outcome  

B. HOW LONG WILL IT TAKE TO RESOLVE MY COMPLAINT

We are committed to responding to the issues you raise in a timely manner and keeping you informed of the progress of your complaint. All complaints are taken seriously and handled respectfully with impartiality and discretion. You will receive an acknowledgment from us within 7-10 business days confirming receipt of your complaint. We will endeavour to respond to you at all times promptly and to offer a practical solution that is consistent with our legal obligations.

Mosaic Brands Ltd (Administrators Appointed) (Receivers and Managers Appointed) is committed to achieving the highest level of customer satisfaction through our exemplary complaints handling systems and processes, continuous improvement through staff professional development, regular reviews of our complaints handling systems and processes, accountability to our Board, and adherence to regulatory obligations.