Terms and Conditions

"Always In Stock" Guarantee

Eligible Products

Our "Always In Stock" guarantee applies to select products that we have designated as eligible. Eligible products will be clearly marked on our website, and the guarantee will only apply to purchases made on our website.

Timeframe

Our "Always In Stock" guarantee is an ongoing commitment, and we will strive to keep eligible products in stock at all times. However, please note that in rare cases, unforeseen circumstances may prevent us from fulfilling orders for eligible products. If this occurs, we will notify you as soon as possible and provide an estimated restocking time.

Notification

If an eligible product is out of stock at the time of purchase, we will notify you by email or phone within 48 hours. We will also provide an estimated restocking time, and you will have the option to cancel your order or wait for the product to become available again.

Ordering Limits

To ensure that eligible products are available to as many customers as possible, we may place limits on the number of units that can be purchased per order or per customer. These limits will be clearly stated on our website and will be subject to change at our discretion.

Replacement or Refund

If we are unable to fulfill an order for an eligible product due to stock issues, we will offer a replacement product of equal or greater value, or a full refund of the purchase price. The choice of replacement or refund will be at our discretion, and we will make every effort to accommodate your preferences.

Exclusions

Our "Always In Stock" guarantee may not apply in certain situations, including but not limited to:

• Natural disasters, severe weather events, or other circumstances beyond our control that affect our ability to maintain stock levels.
• Supply chain disruptions or manufacturing delays that prevent us from restocking eligible products in a timely manner.
• Fraudulent or abusive purchasing activity that violates our terms of service.
• Other situations as determined by MerryLuk at our discretion.

The following information is required to be disclosed under NSW Fair Trading legislation:
Our products come with consumer guarantees that cannot be excluded under Australian Consumer Law. However, MerryLuk's liability is otherwise excluded or limited under these Terms to the extent possible under law. On this basis, we exclude any implied terms, guarantees and warranties and liability for expenses or injuries relating to these Terms, circumstances outside our control and any loss, theft, or damage to the products after delivery. To the extent permitted by law, we also limit our liability to the amount paid by you for the products or services.

Variations

You cannot change these Terms without our written consent. We may change these Terms from time to time. Any such changes will apply from the time they are published on our website but will not impact any orders that have already been placed. We encourage you to read these Terms and Contact Us if you have any questions.

Your order

After you have placed your order and we have processed your payment, we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order request. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched.
We reserve the right to accept or cancel your order for any reason at any time, including unavailability of product, an error in the price, image or product description or an error in your order. If we cancel your order, we will contact you by email to let you know and you will have the option of receiving a full refund or a store credit.

Prices, payment, and GST

All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by various methods including by Credit Card, PayPal and a range of other payment options as displayed on the website and during the checkout process.

Our products

We aim to ensure that all the products on our website are accurately described. Unfortunately, on some occasions it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time.
In some cases, the products we offer may have slight variations between the product image(s) and the product you receive. Where this is applicable, it will be stated on the individual product listing on our website. We aim to ensure that all colours are displayed accurately on our website, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error.
We reserve the right to remove any products from our website at any time and/or remove or edit any materials or content on our website. Any such changes will apply from the time they are published on our website.

Wrong product delivered.

Very occasionally we may accidentally ship the wrong product to you. If you have received an incorrect product, please let us know as soon as you can, ideally within 3 days of receiving your delivery. We will offer to send you the correct product and arrange for the pick-up and return of the incorrectly shipped product at no cost to you. Please note if item has been fully assembled despite boxes suggesting item is different from what’s been ordered, unfortunately we cannot credit or return the item unless it is meets our 30-day guarantee conditions.  

Faults and damages

If a product arrives and the packaging or the product itself is clearly and significantly damaged, you should take photos or video showing the damage, refuse to accept the delivery and contact us immediately.
If you notice after a product arrives that it is missing parts, is faulty, is defective or has been damaged during manufacturing, please take photos or video clearly illustrating the problem and contact us as soon as possible, ideally within 3 days of receiving your delivery.
The best solution to any product fault depends on the nature of the fault itself. The products you purchase from us also come with guarantees under the Australian Consumer Law which cannot be excluded. We will work collaboratively with you to find a solution that meets your rights under the Australian Consumer Law. However, you will not be entitled to a remedy for:

• Normal wear and tear.
• Damage arising from improper assembly or modification.
• Damage arising from abnormal use or abuse.
• Damage, wear and tear you cause after delivery (e.g. fabric, leather or timber)
• Damage resulting from a failure to take reasonable care to prevent the product from being of acceptable quality.
• Damage to external or product packaging only.
• Damage occurring during your own handling and transportation of goods.

Note, under the Australian Consumer Law, our products are guaranteed and cannot be excluded. 

As a customer, you have the right to request a replacement or refund if the product has a major failure or causes any foreseeable loss or damage. If the goods fail to be of acceptable quality and the failure does not amount to a major failure, you are entitled to have the goods repaired or replaced.

We exclude all implied terms, guarantees, and warranties, whether statutory or otherwise, fully related to the subject matter of these Terms possible under the law.

By agreeing to these Terms, you represent and warrant that we will not be held liable for any expense or injury, including indirect loss such as loss of revenue, profits, anticipated savings, goodwill, or business opportunity, injury to your reputation, or lost time, caused by these Terms, whether in contract, tort, under statute, or otherwise, howsoever caused, including arising directly or indirectly from or in connection with these Terms.

Our liability to you for any loss or damage arising out of these Terms will be reduced or limited to the extent, if any, that you cause or contribute to the loss or damage. We also reserve the right to refuse a return in cases where we cannot reasonably determine that you purchased the product from us or where we are not responsible for the damage in accordance with our Faults & damages policy.

You may cancel all or part of your order before it reaches the dispatch processing stage. If you do, you can choose whether to receive a store credit voucher or a refund in the amount you paid for the products, including shipping, assuming there are no other products remaining on the order to be shipped. Once an order reaches the dispatch processing stage, cancellations or changes are only possible if we agree to them. We suggest that you request cancellations as soon as possible after ordering.

We do not offer exchanges of our products. Please return the items in accordance with our Returns policy and place a new order.

We offer standard manufacturer warranty from the date of purchase. Such warranties will only apply to products purchased from us where the description of the product on our website (at the time the product is purchased) expressly states that such a warranty applies to that product. In some cases, products offered for sale on our website may be subject to a separate manufacturer's warranty. If you experience an issue with a product that comes with a manufacturer's warranty, it may be faster to contact the manufacturer directly.

Payment security

We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if your card is used fraudulently by someone else, except to the extent such loss or damage is caused by our negligence or wilful misconduct.
In an effort to prevent fraudulent use of credit cards or other payment options, we reserve the right to conduct and implement fraud detection processes to check the legitimacy of the order and payment method. This process may include requesting proof of identity and a formal validation check on the credit card and account. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. Orders undertaking a formal check will be placed on hold until we have received confirmation that the transaction is legitimate. If we are not satisfied that an order is legitimate, we may decide to cancel the order.

Termination 

We reserve the right to terminate or suspend your access to our website, services, or products immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the website, services or products will immediately cease.

Indemnification

You agree to indemnify and hold MerryLuk and its affiliates, directors, officers, employees, and agents harmless from all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the website, services or products, your violation of these Terms or any law, or your violation of any rights of another.

Entire Agreement 

These Terms and any policies or operating rules posted by us on this website or in respect to our services or products constitute the entire agreement and understanding between you and MerryLuk and govern your use of the website, services, or products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Governing Law These Terms and any separate agreements whereby we provide you services or products shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any principles of conflicts of law. Any dispute arising out of or related to these Terms, or the website, services or products shall be brought exclusively in the courts located in New South Wales, Australia.