Terms & Conditions
Terms & Conditions
Marie David Enterprises Pty Ltd
S01/38 Cawarra Road, Caringbah, NSW, 2229
ABN: 86 631 843 082
All orders for the sale of goods are accepted according to the terms and conditions below, and Marie David Enterprises will supply the goods to you on these terms and conditions. By ordering an item from Marie David Enterprises, you expressly agree to these terms and conditions. Marie David Enterprises may amend these terms and conditions at any time, and any such amendment will be effective immediately. Your rights as a consumer under the Trade Practices Act are not affected by these terms and conditions.
Warranty:
Marie David Enterprises has a limited Lifetime Warranty. Marie David Enterprises Pty Ltd, reserve the right to repair the garment, or if garment cannot be repaired remake the garment. Refunds will not be given. Marie David Enterprises reserves the right to reject a warranty claim if the garment was not used as intended or correct care of the garment was not taken. If you have a warranty issue please contact us immediately for review.
Pricing:
While we shall endeavour to keep pricing current at all times, pricing may be subject to change without notice.
Payment and Service Terms:
50% deposit is required for all custom orders. Deposit may be prepaid with a VISA, MasterCard, or direct deposit or Cheque to Marie David Enterprises Pty Ltd. Design and/or production will not begin until deposit has been received. Final balance is due prior to shipment of goods. Goods will not be shipped until final balance is received.
It is possible that the price may have altered from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
You may not share or allow others to use the Services in your name.
No person under the age of 18 years may purchase Services. If you are under 18, please ask an adult for help with your purchase.
Payments by Credit Card
You authorise us to charge all fees incurred by you in relation to the services provided to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
Cancellations:
All garments made by Marie David Enterprises Australia Pty Ltd are made to order. We do not keep stock nor administer returns or exchanges. Our garments are one off custom pieces.
Customers that refuse or cancel orders after Marie David Enterprises Pty Ltd has received the deposit will forfeit the deposit and will be billed for the balance. All goods will remain the property of Marie David Enterprises Pty Ltd until paid in full.
Once artwork has begun, any deposit paid will not be refunded. If artwork has begun and no order is placed, customer will be charged a flat $500 for artwork. Once orders have been placed by customer, cancellations are not possible and no refunds will be provided under any circumstances. Orders placed via any team store method can not be cancelled nor refunds provided once order has been submitted by team member.
Acceptance:
Client understands the possibility of error. Marie David Enterprises Pty Ltd is not responsible for replacement or refund. All sales are final.
Ownership:
All artwork remains the sole property of Marie David Enterprises Pty Ltd, and Marie David Enterprises Pty Ltd reserves the right to resell all uniform designs.
Delivery:
All custom orders are accepted on a first-come-first-serve-basis. Please place your order early. Your delivery date will depend on when we receive your final order and approval of your proofs has been completed. Delivery is subject to the current production schedule and unless a specific date has been agreed upon in writing, delivery may be postponed. Completed orders will be shipped after customers balance is paid in full.
Delivery Delays:
Marie David Enterprises use Fed Ex and/or DHL to freight your order. We have no control over these or their ability to deliver in a timely manner. Once your order has left our factory we can no longer control the delivery date and delays may be experienced. Marie David Enterprises Pty Ltd are not responsible for lost damaged or delayed orders.
Changes:
Once the artwork has been approved no design or order changes will be accepted. Once your order has been placed and confirmed, any additions, changes or any other alterations to the order will be accepted at the discretion of Marie David Enterprises Pty Ltd.
Samples:
Samples are available for sizing purposes and it is the customer’s responsibility to ensure the samples are returned in good condition and at their cost. Samples not returned during your order time frame will be presumed purchased and the appropriate cost will be billed to you. Samples returned either used or damaged will be billed to you.
Logo Placement:
The manufacturer’s logo will appear on all custom garments.
Designs and Artwork:
Approval of artwork will be required prior to production. This approval may be online, via email or verbally. Approval of design proofs mean you agree that the spelling, logos, design and colours presented are correct. Placement and sizing may vary slightly due to template design and scaling. There may also be variations in colour due to environmental production factors.
When approving a proof, the customer warrants that it is the owner of the intellectual property of all design, graphics, logos and trademarks submitted or uploaded by the customer and gives irrevocable authorisation and unconditional permission to use these items for production.
The customer shall fully indemnify Marie David Enterprises Pty Ltd and hold it fully indemnified and harmless from all liabilities, loss, and damages which may result from any infringement claims by owner of these items.
Marie David Enterprises Guarantee:
If for any reason you are not happy with your purchase us, contact us and we can discuss any issues you may have.
Custom Clothing is a complex process; there are a number of steps that you and Marie David Enterprises need to go through in order to get your Custom Clothing order to you. Unfortunately in rare occasions mistakes can be made. If you receive something that you did not approve, have a colour or print problem or a manufacturing issue, contact us immediately. If we have made an error in your order, we will remake or repair your order as soon as possible.
If, however, you have ordered the incorrect items or sizes or approved a design that is incorrect or any other issue not within the control of Marie David Enterprises, we cannot take responsibility for that, however, we will work with you to come up with a solution to help you get on the road as soon as we can.
Disclaimers:
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
The adequacy or appropriateness of the Services for your purpose;
The truth of any Content on Our Website published by someone other than us;
Any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;
Compatibility of Our Website with your equipment, software or telecommunications connection.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.
In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
The above two sub paragraphs do not apply to a claim for personal injury.
System Security:
1.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
1.2 You may not use any software tool for the purpose of extracting data from our website.
1.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Indemnity:
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
PRIVACY AND SECURITY
Customer Information Policy:
We collect customer information in an effort to improve our customers' shopping experience. We recognise that it must maintain and use customer information responsibly. We may use customer information for marketing and promotional purposes. We do not sell or give online customer information to any outside company or third party. Protecting your order information is a priority. Marie David Enterprises Pty Ltd makes every effort to protect your online order information by using Secure Sockets Layer (SSL) technology.
Your Credit Card is Safe:
Your credit card number cannot be read by a third party while in transit and will remain private and completely protected. We use the most advanced and highest level of online security available today (512-bit encryption). Our Commerce Server uses Secure Sockets Layer (SSL), which encrypts or codes all the data you enter so you can relax and feel completely secure with your order.
Disclosure Statement - Use of Cookies:
The Marie David Enterprises Pty Ltd web site utilizes cookies to provide our site visitors the most enjoyable experience possible. We do not collect personal information without a visitor’s knowledge nor do we re-sell or distribute any site visitor’s data.
Marie David Enterprises Pty Ltd Human Rights and Modern Slavery Policy
Effective Date: Feb08 2024
Reviewed: Feb08 2024
Version: 1.0
- Introduction
Marie David Enterprises Pty Ltd is committed to upholding human rights and fostering a work environment that respects the dignity of all individuals. We recognize that modern slavery, including forced labor, child labor, human trafficking, and other forms of exploitation, represents a grave violation of fundamental human rights.
This Human Rights and Modern Slavery Policy outlines our commitment to ensuring that our business operations, supply chains, and all associated activities are free from modern slavery and human rights abuses. It is an integral part of our ethical business practices and aligns with Australia's modern slavery legislation, including the Modern Slavery Act 2018.
- Policy Commitment
Marie David Enterprises Pty Ltd is dedicated to:
- Respecting Human Rights: We will uphold the principles outlined in the Universal Declaration of Human Rights and adhere to the International Labour Organization’s (ILO) standards regarding labor rights.
- Eliminating Modern Slavery: We will take all necessary measures to ensure that no part of our operations, including our supply chain, is complicit in modern slavery practices. This includes forced labor, child labor, human trafficking, debt bondage, or any other form of exploitation.
- Compliance with Legislation: We will comply with all applicable laws and regulations related to human rights and modern slavery, including the Modern Slavery Act 2018 (Cth), and will continuously monitor and improve our practices to meet and exceed legal requirements.
- Scope of the Policy
This policy applies to all employees, contractors, and business partners of Marie David Enterprises Pty Ltdworldwide. It covers all operations and activities, including direct operations and those carried out through our suppliers, contractors, and third-party partners.
- Our Responsibilities
- Leadership and Governance: Our Board of Directors and senior management team are responsible for ensuring the implementation of this policy and for promoting a culture of respect for human rights within the organization.
- Employees: All employees are expected to understand and uphold the principles outlined in this policy. Employees are encouraged to report any concerns or violations of human rights or modern slavery through the appropriate channels (see Section 7).
- Suppliers and Partners: We expect our suppliers and business partners to comply with this policy and to demonstrate a commitment to eliminating modern slavery and respecting human rights in their own operations. We will engage in regular assessments of their practices and may terminate business relationships with those that fail to meet these expectations.
- Prevention of Modern Slavery
To prevent modern slavery, we will:
- Due Diligence and Risk Assessment: Conduct thorough due diligence on our suppliers, contractors, and business partners to assess the risk of modern slavery in our supply chains. This includes reviewing their labor practices, policies, and compliance with applicable laws.
- Supplier Code of Conduct: We will maintain and enforce a Supplier Code of Conduct that outlines our expectations regarding human rights, labor practices, and the prohibition of modern slavery. Suppliers must adhere to this Code as a condition of doing business with Marie David Enterprises Pty Ltd.
- Training and Awareness: We will provide regular training for our employees and key stakeholders to raise awareness of modern slavery risks, identify potential indicators of exploitation, and equip them with the knowledge to take action if necessary.
- Reporting and Accountability
We encourage employees, suppliers, and other stakeholders to report any suspected instances of modern slavery or human rights violations. Reports can be made through the following channels:
- Internal Reporting: Employees can report concerns to their direct supervisor, Human Resources, or through our internal whistleblowing system.
- External Reporting: Suppliers, contractors, and members of the public can contact our Owner at (02) 8030 7080.
We will take all reports seriously and investigate promptly. Any retaliation against individuals who report in good faith will not be tolerated.
- Monitoring and Auditing
We will regularly monitor and audit our operations and supply chains to ensure compliance with this policy. This includes:
- Supplier Audits: Conducting periodic audits of key suppliers to ensure that they are complying with our human rights and modern slavery requirements.
- Continuous Improvement: We will continuously evaluate the effectiveness of our approach to preventing modern slavery and human rights abuses, and will make improvements where necessary.
- Collaboration and Transparency
Marie David Enterprises Pty Ltd believes that collaboration and transparency are key to effectively addressing modern slavery. We will:
- Work with Industry Peers: Engage with industry groups, non-governmental organizations, and other stakeholders to share best practices and learn from others in our efforts to combat modern slavery.
- Transparency: We will publish an annual Modern Slavery Statement, in line with Australian legislation, which outlines the steps we have taken to assess and address the risk of modern slavery in our operations and supply chain.
- Enforcement
Any employee, contractor, or supplier found to be in violation of this policy will be subject to disciplinary action, which may include termination of employment or the end of business relationships, depending on the severity of the violation. We take breaches of this policy seriously and will take appropriate corrective actions.
- Review and Updates
This policy will be reviewed on an annual basis, or sooner if required by changes in laws, regulations, or business practices. We will update the policy as needed to ensure its continued relevance and effectiveness in addressing human rights and modern slavery risks.
- Contact Information
For more information or if you have any questions regarding this policy, please contact:
- Chris Reynolds, Managing Director
- Email: chris@growgettersgroup.com.au
- Phone: (02) 8030 7080