TERMS AND CONDITIONS
Terms and conditions that apply to your dealings with Mitchell Ogilvie and mitchellogilvie.com are accessible below. These terms and conditions are collectively and individually referred to on the Website as ‘Terms’. The Terms are binding on you as a client of Mitchell Ogilvie and as a user of the Website. Mitchell Ogilvie reserves the right to change the Terms at any time. Changes take effect upon posting to the Website. In the Terms, except to the extent that the context otherwise requires, a reference to “Mitchell Ogilvie”; “we”; “us”; or “our”, is a reference to the Australian business (ABN 58 434 591 362) trading as Mitchell Ogilvie.
USE OF WEBSITE
The ‘Website’ (mitchellogilvie.com) is owned and operated by Mitchell Ogilvie. Use of the Website is subject to the Terms. Access to the Website is an acknowledgement that these Terms, as amended from time to time, have been read and accepted. As you are bound by the Terms, you are encouraged to review the Terms prior to placing an order. Mitchell Ogilvie grants you a limited, nonexclusive, non-transferable, personal, non-commercial licence to access and use the Website and reserves all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws. Any use of the Website not specifically permitted by the Terms is strictly prohibited. You agree that you will not: alter the content provided on the Website in any way; use the Website to reproduce copyrighted material; commercially exploit, create derivative works from, or sell any of the Website content; otherwise breach the Terms. You may be denied access to the Website with or without prior notice at the sole discretion of Mitchell Ogilvie, including if you do not comply with any of the Terms. All disclaimers and limitations of liability set out in the Terms survive termination of access.
The Website (including all its Content) is provided by Mitchell Ogilvie on an "as is" basis. (‘Content’ includes, without limitation, any graphics, photographs, image rights, sounds, music, video, audio or text on the Website.) You use the Website at your sole risk. To the maximum extent permitted by law, Mitchell Ogilvie makes no guarantee, representation or warranty that: your use of the Website will be uninterrupted, timely, secure or error-free; the Website will be free from loss, destruction, damage, corruption, attack, computer viruses, data non-delivery, interference, hacking, or other security intrusion; (collectively ‘Loss’), and Mitchell Ogilvie disclaims any liability to you for any Loss. You agree that you will be personally responsible for your use of the Website and for all your associated communication and activity. Your submission of any information to Mitchell Ogilvie is at your own risk.
The Website may contain hyperlinks to sites operated by parties other than Mitchell Ogilvie. Such hyperlinks are provided for your convenient reference only and linking to another site is at your own risk. Mitchell Ogilvie does not control such sites and is not responsible for their availability or content or the privacy or other practices of such sites, nor any loss or damage caused by or connected with your use or reliance on such external links or third-party site.
Mitchell Ogilvie takes care to protect your online order information by using Secure Sockets Layer (SSL) technology. SSL is the industry standard encryption technology for secure e-commerce transactions. When transmitting information via mitchellogilvie.com, such as your credit card number and other personal information, the data is encrypted (scrambled) before being sent or received over the Internet. Nevertheless, transmission of data over the Internet is not guaranteed to be totally secure and your transmission is undertaken at your own risk.
COPYRIGHT & TRADEMARKS
The Content on the Website, including (without limitation) text, graphics, information architecture and coding, is subject to copyright. Merchandise and company names mentioned on the Website may be the trademarks of other people or entities. All title and intellectual property rights in and to the Content is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You are provided with access to it only for your personal and non-commercial use. Nothing contained on the Website should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the Website without the express written permission of Mitchell Ogilvie or the third party owner.
Mitchell Ogilvie is an authorised online distributor for all designers displayed on the Website. The authenticity of every item offered for sale on the Website is guaranteed.
At its discretion, Mitchell Ogilvie uses social media sites but does not necessarily endorse or sanction the opinions or statements posted by users. Users of Mitchell Ogilvie social media sites must not post any comment or upload any content which is defamatory in nature, indecent, inflammatory, or discriminatory. Mitchell Ogilvie may moderate user-posted comments and content, including by removing inappropriate postings and may otherwise block or suspend users.
Mitchell Ogilvie uses technology, such as "cookies", to collect information and store your online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to uniquely identify the browser on each page. As you browse mitchellogilvie.com, advertising cookies will be placed on your computer. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.
The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number. You can visit this page to opt out of AdRoll’s and their partners’ targeted advertising.
To opt out of being tracked by Google Analytics across all websites visit: http://tools.google.com/dlpage/gaoptout. If you'd like to opt out of other third-party cookies relating to behavioural advertising, visit: www.youronlinechoices.eu. Opting out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
The Website may be accessed globally. The laws of Brisbane, Australia, apply to the Website. Mitchell Ogilvie makes no representation that the Website complies with the laws (including privacy and intellectual property laws) of any place outside Queensland, Australia. Any transaction on the Website is deemed to have taken place in Brisbane, Queensland, Australia.
These Terms apply to all purchases of merchandise from Mitchell Ogilvie. Purchases may be made in-store or by electronic means, (i.e. via the Website, phone or email). By placing an order using any of these channels, you confirm your unconditional acceptance of the Terms. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion. Merchandise is offered for sale for personal non-commercial use and not for re-sale or any other commercial benefit. Quantity restrictions may apply.
Whilst Mitchell Ogilvie endeavours to ensure the accuracy of all details, descriptions and prices which appear: on the Website; on the merchandise; in our communication with you; errors may occur. We may choose to not fill any orders (or part of an order) where an error or inaccuracy becomes apparent to us. We cannot, and do not, guarantee the correctness, precision, thoroughness, or completeness of any of the information, nor will we be liable for any inaccuracy or omission concerning any of the information provided.
Website, phone and email ordering is available to individuals who: supply authentic personal details (including real name, phone number, email address); make payment using a valid credit/debit card issued by a bank acceptable to Mitchell Ogilvie, or via another valid payment method acceptable to Mitchell Ogilvie. You represent and warrant that your payment details are valid and correct and that you are the person to whom the billing information provided applies; authorise Mitchell Ogilvie to process a charge(s) on the credit/debit card in the amount of the total purchase price for the merchandise being purchased. Additional identification requirements may apply in order to confirm your delivery address.
Please read our “Privacy” page for information about how we use and disclose your personal information.
When you order an item via electronic means you are offering to buy it for the price stated, subject to these Terms. All orders are subject to acceptance and availability, and items in your shopping cart are not reserved and may be purchased by other clients. Mitchell Ogilvie will endeavour to notify you when you are the successful purchaser by sending an order confirmation to the email address you provide. It is your responsibility to review this notification. However, even if you do not receive the order confirmation, you are still responsible for payment. We may reject your order if an item is out of stock or we are unable to obtain authorisation for your payment.
Not all items featured on our Website, in advertisements, magazine editorial or fashion features, are available by phone order or via our Website. Please email or phone us if stocked merchandise is not available for adding to the Website shopping cart.
Prices displayed on the Website and in-store are in Australian Dollars. Prices of merchandise may differ on the Website and in-store. “Sale Merchandise” refers to merchandise that is available for purchase at a price that is lower than an earlier published price. “Sale Price” refers to the price of the Sale Merchandise. Sale Prices on the Website already reflect reductions. When merchandise becomes Sale Merchandise, there is no adjustment or reimbursement available for prior purchases.
When you place an order, we will charge you, and you are obligated to pay, the price and any applicable Mitchell Ogilvie delivery charges. (Deliveries outside Australia may result in additional local import duties, fees, taxes and charges to you, which you are responsible for.)
You can pay for your purchase by any of the methods specified on the Website or in our communication with you.
Your payment must be cleared before merchandise is delivered to you. If your payment cannot be processed, your order will be rejected.
In paying or attempting to pay for merchandise, you warrant that you have not engaged in any fraudulent conduct or contravened any law.
Please read our “Shipping & Returns” page.
RETURNS AND REFUNDS
Please read our “Shipping & Returns” page.
You agree to fully compensate Mitchell Ogilvie (and its directors, officers, employees, affiliates, licensors, agents and suppliers) immediately on demand, and hold us harmless, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) any breach of the Terms by you, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party; or (ii) the unauthorised use of your identity and credit card details for purchases on the Website caused by your action or inaction.
LIMITATION OF LIABILITY
To the full extent permitted by law and subject to your rights under the Australian Consumer Law, our entire liability in connection with the Terms will not exceed the purchase price of the merchandise in question.
We are not responsible for: any losses which are not reasonably foreseeable by you and us; any losses which are not caused by our breach or negligence; indirect losses which are a side effect of the main loss or damage (for example, business or trade losses, loss of profits or loss of opportunity). We are not responsible for a failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.
Nothing in the Terms means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.
For clarity, nothing in the Terms is intended to limit your rights under the Australian Consumer Law as to the quality of goods sold by Mitchell Ogilvie, including the consumer guarantees.
Any provision of the Terms which is illegal, void or unenforceable is only ineffective to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions
If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.
The Terms are governed by and are to be construed according to the laws of Queensland, Australia.
You submit to and accept unconditionally the exclusive jurisdiction of the courts and appellate courts of Queensland, Australia with respect to any legal proceedings brought in relation to the Terms.