Mr Holloway Eyewear – Terms and Conditions of Trade
For the purposes of this contract, we’ll refer to “us”, “we”, “Mr Holloway” and “MH Investments” interchangeably. Likewise, when we say the “site” we’re also referring to the products and any services that are provided through it.
If you do not agree to any of the terms and conditions, best to not use our site. If you do keep using the Mr Holloway site, that constitutes agreement of these Terms, and additional terms, guidelines, documents, policies or rules that are referred to in these Terms.
Entitlement
Please ensure you’re only using the Mr Holloway site if you are legally able to do so in your State, Territory or Country. If you go ahead and use this site, you confirm that you met the admissibility criteria of these terms and conditions.
If you’re under the age of eighteen, then please ensure you have a legal guardian use the site on your behalf.
Intellectual Property
Unless otherwise indicated, Mr Holloway owns all copyright of the Content on the Site. All registered or unregistered trademarks used on the Website are the property of their respective owners. All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, videos and other intellectual property (Content) on the Website is owned, controlled by, or licensed to us. Except for viewing the Content for your own personal non-commercial use, we do not grant you any rights to use the Site or Content unless you email us and get written permission.
If you would like permission to reproduce our Content, email hello@mrholloway.com. We can’t guarantee that we’ll grant permission. All grants of permission will be in writing, and that is the only valid form.
If we do grant permission to use any of our Content, it is on the following terms.
So long as you agree to only use our Content for the purposes that we set out in our written permission, we grant you a non-transferable, non-exclusive, royalty-free limited license to use the Content specified in our written permission for the sole purpose and only for the materials set forth therein. Whenever you use the Content, you must note that it is our Content and may be trademarked or subject to our copyright.
If we do provide you with a license to use our Content, it is on an ‘as is’ basis and we disclaim any warranties related to your use of our Content. You agree to indemnify us and hold us harmless for any claims arising out of your use of the Content. That means we’re not liable for any claims arising out of your use of our Content, including any that we may have been or should have been aware of. If you use the Content, it’s at your risk. By the same token, it’s only for your benefit — not for any third party.
Other items in these Terms that ought to apply to this license do so, including without limitation those relating to choice of laws, severability, waivers and arbitration. We may also change or revoke this License at any time at our sole discretion and with no warning.
Governing Law
We’re a Sydney based company so these Terms (and all non-contractual relationships between you and us) are to be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
Limitation of Liability
This clause prevails over all other clauses to the extent of any inconsistency, and states our entire liability for any claim or cause of action arising out of or in relation to these Terms. Nothing in this clause is to be taken to override or interfere with your statutory rights as a consumer under the Australian Consumer Law or other relevant Australian government legislation.
Subject to our "Product Warranty" section and to the fullest extent permitted by law, the liability of Mr Holloway Eyewear for any loss or damage suffered by you as a result of Mr Holloway Eyewear breaching its obligations under these terms or any other tortious duty (including arising by reason of defects in the products) is limited to a refund or replacement of the relevant products.
Placing an order for Products
You may purchase Products by selecting and submitting your order through the Site in accordance with these terms and conditions. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including fees, taxes and other charges) at the time you place the order. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware. Please see more on this at the Mr Holloway Eyewear Privacy Policy
Cancellation of the order
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Fees and charges
You agree to pay the purchase price of each Product that is ordered. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the Site for the Product in that order), once we have accepted your order, we will not change any prices that apply to the Products in that order.
Duties and Taxes
The Australian GST tax rate applies to all orders delivered within Australia. International orders are exempt from Australian GST (10%); however, the order may incur taxes and duties applied by customs in the country of delivery. If you require further information Regarding import duty and taxes please contact your local authority for information and guidance. To comply with Australian export regulations, we are required to declare the exact value of all items ordered and to mark them as dutiable ‘merchandise’. We are also prohibited by law from marking the order as a ‘gift’, even if order is placed with the intention of sending to a gift recipient.
Order Quantities
All stock levels shown on the Mr Holloway Eyewear website are approximate only and Mr Holloway Eyewear does not guarantee that all models of sunglasses will be available at the time of ordering. Mr Holloway Eyewear is not responsible for any loss incurred from stock not being available.
Risk of Loss
Risk and title to Product passes to you on the date and time of delivery to the delivery address.
Warranty & Returns
For further information please see our Warranties & Returns Page
Viruses
Mr Holloway Eyewear cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this website, and you release Sunshades Eyewear entirely of all responsibility for any consequences of its use.
Links
This website may contain links to other websites. Mr Holloway Eyewear is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites. Any link to another website, and reference to third-party information, products or services linked to this website, is not, and should not be construed as, an express or implied endorsement by Mr Holloway Eyewear. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.
Disclaimer
You agree that your access to, and use of, this website is subject to these terms and all applicable laws and is at your own risk. This website and its contents are provided to you on "as is" basis, the website may contain errors, faults and inaccuracies and may not be complete and current.
Mr Holloway Eyewear makes no representations or warranties of any kind, express or implied as to the operation of this website or the information, content, materials or products included on this website, except as otherwise provided under applicable laws.
Neither Mr Holloway Eyewear, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this website and any other website linked to this website. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
Copyright
Unless otherwise indicated, all materials on this website, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by MH Investments Pty Ltd. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by http://www.mrholloway.com. Any other use of materials on this website, including reproduction for purpose other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of MH Investments is strictly prohibited.