Terms of service

MY CHARITY RUNWAY - EVENT DESIGNER MARKETPLACE

Terms and Conditions

1. About These Terms

1.1.

Products on this Marketplace site are sold on these terms by participating Designers at the Event and for as long as the Designers participate by accepting orders. MCR Media conducts order taking and payment and disbursement of funds on these terms and as agreed with the Designers and MCR Media is not the seller of the goods.

1.2.

This website www.mycharityrunway.com.au (site) is owned and operated by MCR Media Pty Ltd (ABN 23 676 391 665) trading as My Charity Runway (“MCR Media”, “we”, “us”, “our”).

1.3.

These website terms and conditions (terms), incorporate our Privacy Policy and any other documents referred to in these terms, govern your use of the site and the supply of any products ordered on the site (Order). By using the site, or placing an Order, you agree to be legally bound by these terms.

1.4.

We may change these terms when posted to the site.

1.5.

Please see our contact information at the end of these conditions and see the contact information provided in the confirmation of purchase email for special orders, delivery and similar enquiries.

2. The Marketplace Model - Designers, MCR Media and You

2.1.

MCR Media operates the Marketplace site to allow participating Designers to list and sell their products.

2.2.

When you place an Order, you enter into a purchaser agreement with the relevant Designer.

2.3.

MCR Media’s role is to: (a) operate the site and the payment facility; (b) collect the Purchase Price on completion of an Order and disburse it as set out in clause 3; and (c) facilitate Order fulfilment, Customer Service. Other terms including returns and after sales service should be directed to the Designer and their online boutique.

2.4.

Each Designer is responsible for the accuracy of their product descriptions, pricing and stock availability.

3. Purchase and Charity Support

3.1.

The Purchase Price comprises the stated retail price of the product and GST. Any applicable delivery charge, if shown at checkout before you complete your Order is also added to the Purchase Price.

3.2.

Your purchase supports the Designer’s chosen Charity. Of the retail price, 15% is paid to the Charity nominated by the Designer as a gift for that product or the collection capsule (Charity Support). My Charity Runway may be paid a commission by the designer. Payment to the Charity is made after your Order is confirmed.

3.3.

The Charity Support amount forms part of the Purchase Price you pay for the product. It is not a gift or donation made by you and is not tax-deductible to you. No receipt for taxation purposes will be issued in respect of the Charity Support amount.

3.4.

If you wish to make an additional, voluntary donation to the Charity, you may do so at each charities website.

4. Order and Formation of Contract

4.1.

When you place an Order, you will receive an Order confirmation email. This is an acknowledgment only and is not an acceptance of your Order. If not paid at the time of placing the order, you must make payment within 7 days of placing your order.

4.2.

A contract for the purchase of a product is formed only when you receive a delivery confirmation email after payment is received.

5. Payment

5.1.

MCR Marketplace place accepts credit card payment only on the site. MCR does accept payment by bank transfers or cheque but not cash.

5.2.

All prices are in Australian Dollars only. We reserve the right to apply commercial exchange rates.

6. Designers Stock and Changes

6.1.

The Designer’s stock of their products are subject to production changes, schedules and current stock levels. In addition to the clothes being modelled at the Event, we have made every effort to display products as accurately as possible however the delivered product may differ from the display.

6.2.

The Designers reserve the right to limit the sales to geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the designer.

6.3.

Products in the Marketplace may be available exclusively through the website or be part of a limited run. These products or services are subject to return or exchange only according to the Designers return policy.

6.4.

An Order may be cancelled or refused by the Designer for any reason which may include stock unavailability or inadequate instructions.

6.5.

If your Order is cancelled by the Designer before your Order is accepted, you will receive a prompt refund of any payment made to your original payment method.

7. Cancellation

7.1.

A purchase Order may be cancelled by you within 5 days of purpose and you will receive a refund less any payment fees and charges incurred.

7.2.

Purchasers resident in the European Union who order goods for delivery to the EU at the time of the Order are entitled to cancel or return the goods within a 14 day cancellation period.

8. Delivery

8.1.

Delivery will be arranged in accordance with the estimated timeframe provided in the Order confirmation or shown at checkout or as advised by the designer, but delivery dates and times are not guaranteed. If you have particular delivery requirements please contact the Designer directly.

8.2.

To the extent permitted by law, neither MCR Media nor the Designer will be liable for losses arising from late or delayed delivery for reasons beyond our control.

8.3.

Responsibility for a product passes to you on delivery to your delivery address.

9. Faulty Product Returns

9.1.

We want you to receive quality products. If you receive a product from the MCR Marketplace with a fault or defect, please contact the Designer as soon as possible so they can guide you through the remedy process which may include return, repair, replacement or refund depending on the circumstances.

9.2.

Nothing in this clause limits your rights to a consumer remedy and full refund including delivery charges.

10. Payment Terms

10.1.

Credit card payments are processed using Shopify Payments, provided by Shopify Inc. and its Australian affiliate(s) (Shopify).

10.2.

We provide access to the Shopify payment platform “as is” and “as available” and, to the extent permitted by law, exclude all liability for its availability, performance or security as a result of the unknown risks of using the website. We have made all reasonable efforts to ensure that the website is secure and properly set up to accept card payment.

10.3.

By using a credit card you represent and warrant that the credit card information you provide is true, correct, and complete, that you are authorized to use such credit card for the purchase, that charges incurred by you will be honoured by your credit card company, and that you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

10.4.

Your payment is subject to Shopify’s own applicable terms in addition to these terms.

11. Disclaimer and Liability

11.1.

MCR Media takes all care in the provision of accurate information about the goods but relies on the information provided by the Designers and you should rely on your enquiries as to any aspect of the goods.

11.2.

We disclaim and exclude any and all liability for a.) the actions of Designers, their manufacturers their respective affiliates, employees, directors or agents beyond the services offered here, and b.) any liability for lost profits, any punitive, exemplary, special, incidental or consequential loss or damage, arising out of or in connection with the site or a purchase however arising including negligence.

11.3.

To the extent MCR Media acts as agent for a Designer, MCR Media’s liability as agent is limited in the same way as set out in this clause.

11.4.

Nothing in these terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified, including any liability arising under Part 5-5 of the Australian Consumer Law.

12. Indemnity

12.1.

You indemnify and hold us, the Designers, and our and their respective related entities, officers, agents and employees harmless from and against any claims, demands, losses and damages (including reasonable legal fees) made by any third-party arising out of your breach of these terms or breach of any law or third-party right.

13. Errors and Omissions

13.1.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

14. Dispute Resolution

14.1.

In the event of any dispute under these terms, the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with our Customer Service team in the first instance.

15. Access and Use of the Site

15.1.

You must only use the site in accordance with these terms. You must not (and must not attempt to): (a) interfere with or disrupt the site or the servers or networks that host it; (b) use data mining, robots, screen scraping or similar tools on the site without our express authorisation; or (c) interfere with security or other features of the site.

15.2.

To place an Order you must be at least 18 years old and have capacity to enter into a legally binding agreement, and must provide a valid shipping address. You are responsible for ensuring that all Order, delivery, payment and account information you provide is accurate.

15.3.

We do not warrant that the site will be available at all times or without disruption.

16. General

16.1.

These terms (incorporating the Privacy Policy) contain all the terms agreed between you and us and supersede any prior terms published on the site. These terms, and any policies referred to in them, exclude and take precedence over any terms and conditions published or referred to by a Designer or any other third-party in respect of a purchase made on the site.

16.2.

You may not assign or delegate your rights or obligations under these terms. We may assign or delegate our rights or obligations to any person.

16.3.

We are not liable for any breach of our obligations under these terms caused by events outside our reasonable control.

16.4.

No waiver of any default operates as a waiver of any future default.

16.5.

Notices must be in writing and delivered by email or to our registered office.

16.6.

These terms are for the benefit of MCR Media, its related bodies corporate, and participating Designers, each of whom may enforce these terms directly.

16.7.

Provisions intended to survive termination or expiry of these terms will survive.

16.8.

If any provision is unlawful, invalid or unenforceable, it is severed and the remaining provisions continue in effect.

16.9.

These terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

17. Definitions and Interpretation

17.1.

Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws.

Charity means the Charity nominated by a Designer to receive the Charity Support amount for a product or capsule.

Designer means a participating designer who lists and sells products on the site directly or via their retailer, distributor or other intermediary under the Marketplace site.

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Order means an Order for a product placed by you on the Site.

Site means www.mycharityrunway.com.au and its associated features.