Terms of service

OVERVIEW

Welcome to Monzalo. The terms "we", "us" and "our" refer to Monzalo. Monzalo operates this store and website, including all related information, content, features, tools, products and services provided to customers (the "Services"). Monzalo is powered by Shopify, which enables us to provide the Services. These Terms of Service ("Terms") describe your rights and responsibilities when using the Services. Please read these Terms carefully. By visiting, interacting with or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, you must not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNT

You must be at least the age of majority in your place of residence to make a purchase through the Services. To use the Services, you may be asked to provide information such as your email address, billing information, payment information and shipping details. You confirm that all information you provide is accurate, current and complete and that you are authorised to provide it. You are responsible for maintaining the security of your account credentials and for activity carried out through your account. You must notify us promptly if you believe your account has been accessed without authorisation. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We take reasonable care to provide accurate product descriptions, specifications, prices and images. Colours and appearance may vary slightly depending on your screen settings and natural variations in materials. We do not warrant that the appearance or quality of products or services purchased through the Services will meet your expectations or appear exactly as depicted or rendered on your device. Product descriptions may be updated when reasonably necessary. We may discontinue products or limit product quantities based on availability, location or other legitimate business considerations. You should review the product dimensions, specifications, compatibility and installation requirements before ordering. Electrical products must be installed and used in accordance with supplied instructions and applicable requirements.

SECTION 3 - ORDERS

Submitting an order is an offer to purchase the selected products. An automated order confirmation acknowledges that we received your order but does not constitute acceptance. We accept an order when we confirm dispatch or otherwise expressly confirm acceptance. Before acceptance, we may decline or cancel an order where a product is unavailable, payment cannot be authorised, delivery is unavailable to the address provided, product or pricing information contains a genuine error, or we reasonably suspect fraud or unauthorised activity. If we cancel a paid order, we will refund the amount received to the original payment method. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted. Your purchases are subject to return or exchange in accordance with our Refund Policy. You confirm that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

All prices displayed and charged through the Services are in Australian dollars (AUD) and include applicable Goods and Services Tax (GST). The total payable amount will be displayed before you submit your order. Prices, discounts and promotions may change without notice, but changes will not affect an order that has already been accepted. We may offer promotions governed by separate conditions. If promotion-specific conditions conflict with these Terms, those conditions will apply to the relevant promotion. You agree to provide current, complete and accurate purchase, payment and account information. You confirm that you are authorised to use the selected payment method and agree to pay the total amount displayed during checkout. Further information is available in our Payment Policy.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, incorrect customer-provided information or events outside our reasonable control. Once products are transferred to the carrier, title and risk of loss pass to you. You are responsible for providing a complete and accurate delivery address. If an order cannot be delivered because the address supplied was incorrect or incomplete, additional delivery charges may apply.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including their text, images, graphics, videos, audio, design, selection and arrangement, are owned by or licensed to Monzalo and are protected by applicable Australian and international intellectual property laws. These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit material from the Services without our prior written consent, except where permitted by law. Nothing in these Terms grants you a licence or other right to use the intellectual property of Monzalo, Shopify or another party except as expressly provided. Monzalo's names, logos, product names, designs and slogans may not be used without our prior written permission. Shopify's names, logos and related materials belong to Shopify or its licensors. All other names and materials belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools offered by third parties that we do not monitor or control. Access to optional third-party tools is provided "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. We are not liable for harm arising from your use of optional third-party tools. Your use of an optional tool is at your own risk and discretion. You should review and approve the terms imposed by the relevant provider before using the tool. New tools or features added to the Services will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials or links to websites operated by third parties. We are not responsible for examining or evaluating the content, accuracy, security or practices of third-party websites that we do not control. If you access a third-party website, you do so at your own risk. You should review that party's terms and policies before entering into a transaction. Questions concerning third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Our online store is hosted by Shopify. Purchases made through the Services are made from Monzalo, not Shopify. Shopify is not responsible for sales made between you and Monzalo, including issues arising from products purchased from Monzalo.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy. Certain personal information may also be processed by Shopify in accordance with the Shopify Consumer Privacy Policy. Because the Services are hosted by Shopify, information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside Australia. Please review our Privacy Policy for more information.

SECTION 11 - FEEDBACK

If you submit ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for legitimate business purposes. You confirm that you own or have the necessary rights to submit the Feedback, that you have disclosed any compensation or incentive connected with it, and that the Feedback complies with these Terms. We may monitor, edit or remove Feedback that we reasonably consider unlawful, misleading, offensive, defamatory, obscene, infringing or otherwise in breach of these Terms. You must not submit Feedback that violates another person's intellectual property, privacy or other rights, contains malicious code or misrepresents its source. You are responsible for the accuracy and legality of Feedback you submit.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies or omissions concerning product descriptions, pricing, promotions, shipping charges, transit times or availability. We may correct genuine errors, inaccuracies or omissions and update related information. If an error affects an order, we may contact you to offer the choice of proceeding with the corrected information or cancelling the order for a refund.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You must not use the Services to: (a) engage in unlawful, fraudulent or malicious conduct; (b) violate applicable laws or regulations; (c) infringe our rights or another person's rights; (d) harass, abuse, threaten, defame or harm another person; (e) transmit false or misleading information; (f) submit material that does not comply with these Terms; (g) send spam or other unauthorised communications; (h) impersonate another person or organisation; or (i) interfere with another person's use of the Services. You must not upload malicious code, reproduce or commercially exploit the Services without permission, collect personal information without authority, engage in phishing or similar conduct, or interfere with security or access-control measures. We may suspend or terminate access if we reasonably determine that you have materially breached these Terms.

SECTION 14 - TERMINATION

You may stop using the Services at any time. We may suspend or terminate your access if we reasonably believe you have materially breached these Terms, used the Services unlawfully, engaged in fraud or created a security risk. Termination does not affect rights or obligations that arose before termination. Provisions that are intended by their nature to continue after termination will remain effective.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information presented through the Services is made available for general information purposes. We do not warrant the accuracy, completeness or usefulness of that information. Any reliance you place on such information is at your own risk. Except as expressly stated by Monzalo, the Services and all products offered through the Services are provided "as is" and "as available" without representations, warranties or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not permit the exclusion of implied warranties or conditions, so parts of this section may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Monzalo and its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages arising from your use of the Services or products purchased through the Services. This limitation applies whether the claim is based in contract, tort, negligence, strict liability or otherwise, including claims arising from errors or omissions in content or loss resulting from content or products made available through the Services, even if advised of the possibility of such loss.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Monzalo, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities and third-party claims, including reasonable legal fees, arising from: (a) your breach of these Terms or policies incorporated into them; (b) your violation of applicable law or another person's rights; or (c) your access to or use of the Services. We will notify you of an indemnifiable claim. A failure to notify you promptly will not relieve you of your obligations unless the delay materially prejudices you. We may control the defence and settlement of the claim at your expense, including the choice of legal counsel. We will not agree to a settlement that imposes a non-monetary obligation on you without your consent, which must not be unreasonably withheld. You agree to provide reasonable cooperation in the defence of a claim.

SECTION 18 - SEVERABILITY

If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law. Any unenforceable portion will be severed without affecting the validity of the remaining provisions.

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

A failure or delay in exercising a right under these Terms does not waive that right. These Terms and any policies or operating rules incorporated into them constitute the entire agreement between you and Monzalo concerning your use of the Services. They supersede prior communications and proposals concerning the Services. Any ambiguity in these Terms will not automatically be interpreted against the party that drafted them.

SECTION 20 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights and obligations as part of a genuine sale, restructure or transfer of our business, provided that doing so does not reduce your rights under an accepted order.

SECTION 21 - GOVERNING LAW

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. You and Monzalo submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth courts entitled to hear appeals from those courts.

SECTION 22 - HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect their interpretation.

SECTION 23 - CHANGES TO THESE TERMS

You can review the current version of these Terms on this page. We may update these Terms by publishing a revised version on the website. Changes apply prospectively from the stated effective date and will not retrospectively alter an order already accepted unless required by law or agreed with you. Where a change materially affects your rights, we will provide notice where required by applicable law.

SECTION 24 - CONTACT

Store Name: Monzalo

Address: 819 Old Princes Hwy, Sutherland NSW 2232, Australia

Email: contact@monzalo.com

Phone: +44 7446 372569

Customer Service Hours: Monday to Friday: 9:00 AM - 5:00 PM (AEST)

We will respond to email within 24 hours (Monday-Friday) - weekend messages answered Monday.