Terms of service

 

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

• Our liability under these terms is limited to the Price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss; and
• We will have no liability for loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the products or a breach of any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties.

Nothing in these terms limit your rights under the Australian Consumer Law.

1       Introduction

(a)      This website (Site) is operated by MGR Retail Pty Ltd Trading As Monarch Store trading as Monarch Store (ABN: 14 693 868 638)(we, our or us). These terms and conditions (Terms) are between us and you, the person using our Site (as applicable) or placing an order for products through the Site.

For terms and conditions relating to our Monarch Perks Subscription Program, please refer to our Site or here: https://monarchstore.com.au/policies/terms-of-service.

(b)     If you are a wholesaler and have entered into a separate distribution agreement with us, these terms will apply in addition to the terms in your distribution agreement and to the extent of any inconsistency, your distribution agreement will take priority.

2       Use of the Site

(a)      You accept these Terms by placing an order via the Site.

You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.

(b)     When using the Site or our online community page (Community), you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1)             anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

using the Site to defame, harass, threaten, menace or offend any person;

(2)             using the Site for unlawful purposes;

interfering with any user of the Site;

(3)             tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

using the Site to send unsolicited electronic messages;

(4)             using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

facilitating or assisting a third party to do any of the above acts.

3       Accounts

(a)      You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history or save your wish list.

You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(b)     It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

If you wish to utilise the benefits offered by the third party site linked to our website called Smile, you will need to create an account with us and link it to Smile before you make any order via our Site. It is your sole responsibility to do this and we are unable to backdate any purchases you make if you fail to do so.

4       Orders

(a)   You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

We may, at our absolute absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

(b)     It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

(c)      All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.

(d)     We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order and if you have paid any amounts in advance, we will provide you with a refund.  

5       Price and payments

(a)      You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).  

You must pay the Price upfront using one of the methods set out on the Site.

(b)     You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Afterpay, ZipPay, and PayPal. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(c)      We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.

(d)     We may from time to time issue promotional discount codes for certain products on the Site.

To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

(e)      The conditions of use relating to promotional discount codes will be set out on the Site. You can only use one promotional discount code at a time. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6       Delivery, title and risk

(a)      If possible we will deliver the products to the delivery address you provide when making your order. We deliver worldwide (unless our delivery company does not deliver to your area).

Delivery costs are set out on the Site and are to be paid in addition to the Price.

(b)     We normally dispatch products within 1-2 business days of receiving an order, unless otherwise noted on the Site. Any products that are pre-ordered are, subject to their availability, normally dispatched within 3 weeks of receiving the order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

We deliver the products using a range of delivery methods. You may need to sign for some deliveries.  If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.

(c)      Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

7       Returns

Change of mind returns

(a)      We offer exchanges (subject to stock availability) or refunds (subject to a 10% restocking fee) of products for change of mind where we determine (at our absolute discretion):

(1)        you have provided the proof of purchase and you purchased the products within 30 days prior to the request for an exchange or refund;

the products are in their original condition and have not been used, worn, damaged, tampered with, washed or altered;

(2)        the products are in their original undamaged packaging with all product tags still intact;

the products are not sale items, custom-made, special buy products or gift vouchers; and

(3)        a return and exchanges form has been completed.

(b)     We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.

You may have rights under the Australian Consumer Law (see below) in addition to this clause.

8       Australian Consumer Law

(a)      Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(b)     Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

9       Limitations

(a)      You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.

Despite anything to the contrary, to the maximum extent permitted by law:

(1)             our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the products the subject of the relevant claim; and

we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b)     Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

10    Intellectual property

(a)      All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(b)     You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

You must not, without our prior written consent:

(1)             copy, in whole or in part, any of Our Intellectual Property;

reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(2)             breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

(c)      Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1)             you do not assert that you are the owner of Our Intellectual Property;

unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(2)             you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and you comply with all other terms of these Terms.

11    Content you upload

(a)      We encourage you to interact with the Site, the Community and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site or Community. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

If you make any User Content available on or through the Site or Community, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, communicate, publicly display, or otherwise exploit such User Content on, through or by means of the Site, the Community and our social media platforms. We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Site, the Community or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

(b)     You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

(1)             you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c)      We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

12    General

(a)      Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(b)     Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(c)      Entire agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(d)     Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

Third party sites: The Site may contain links to websites operated by third parties including Smile and Timo Subscriptions. Smile is an App which allows you to claim rewards points for each dollar you spend on our Site (excluding GST and delivery cost). Timo Subscriptions operates the subscription service named ‘Monarch Perks’.  Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. Further to this, we do not control, endorse or approve, and are not responsible for, the content on the Smile or Timo Subscriptions applications. We recommend that you make your own investigations with respect to the suitability of those websites, including Smile and Timo Subscriptions. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

 

For any questions and notices, please contact us at:

MGR Retail Pty Ltd trading as Monarch Store (ABN: 14 693 868 638)

Email: hello@monarchstore.com.au

Last update: 14 November 2022

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you sign up to our Monarch Perks loyalty program are set out below:

• If you sign up to a 12-month or 6-month Subscription, your Subscription will be subject to a minimum 6-month or 12- month term (as applicable) (Minimum Term). Without limiting your rights under the Australian Consumer Law, no Fees will be refunded if you choose to cancel your Subscription before the expiry of the Minimum Term except as otherwise allowed under these Subscription Terms in clauses 1(d), 3(b) and 3(c);

• these Subscription Terms apply in conjunction with our Sales Terms available on our Site; and • our Liability under these Subscription Terms is limited to the Fees paid by you for the Subscription in the preceding 12 months, and we will not be liable for consequential loss.

Nothing in these Subscription Terms limit your rights under the Australian Consumer Law

1 Introduction

(a) This rewards program (Monarch Perks) is operated by MGR Retail Pty Ltd trading as Monarch Store (ABN: 14 693 868 638) (we, our or us). These terms and conditions (Subscription Terms) are between us and you, the person purchasing a subscription to Monarch Perks, together the Parties and each a Party.

(b) The Monarch Perks entitle you to a range of benefits as outlined on the Site (https://monarchstore.com.au/), which include free shipping, discounts on our products, and sneak peaks and priority for new products (Benefits). You will receive a code via email once you have purchased a Subscription that can be used on the Site to receive the Benefits.

(c) You accept these Subscription Terms by purchasing or signing up to Monarch Perks via our website (Site).

(d) We may amend these Subscription Terms at any time, by providing at least 30 days written notice to you including via email. After the notice period has lapsed, the new terms will apply. If you do not agree to the amendment, you may cancel your Subscription with effect from the date we apply the new terms by providing written notice to us. If you cancel your Subscription under this clause, (1) you will no longer be able to receive the Benefits on and from the date of cancellation, and (2) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have pre-paid.

2 Subscriptions

(a) To become a Monarch Perks member, you must create an Account on our Site, sign up to a subscription to receive Monarch Perks (Subscription) and pay the fees outlined on the Site (Fees) in advance. You must choose a Subscription billing type being monthly, 6-monthly or annual basis, or some other recurring interval disclosed to you prior to your payment of the Fees (Billing Cycle).

(b) Once you have created an Account and chosen a Billing Cycle, you agree to pay the Fee to benefit from your Subscription.

(c) Where you pay on a monthly basis, your Subscription will automatically renew at the end of the month for the same period of time and you will be charged the Fees in connection with each subsequent month unless and until you cancel your Subscription by notice in writing to us via email at least 24 hours before the next Billing Cycle. We will not give you notice in advance of the end of each Billing Cycle and it is up to you to take responsibility for management of this.

(d) Where you pay on a 6-month or an annual basis (each of which will be considered a Billing Cycle), at the end of the first Billing Cycle, your Subscription will automatically renew for recurring 6-monthly or 12-monthly periods of time (as applicable based on your original Billing Cycle) unless and until you cancel your Subscription by notice in writing to us via email at least 24 hours before the next Billing Cycle. You will be charged the Fees for subsequent Billing Cycles as outlined on the Site. We will provide you with reasonable notice in advance of the end of each Billing Cycle.

(e) The payment methods we offer for the Fees are set out on the Site. We may offer payment through a third-party provider for example, Timo Subscriptions. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(f) You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Subscription Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Subscription Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

(g) You agree that we may set-off or deduct from any monies payable to you under these Subscription Terms, any amounts which are payable by you to us in connection with the Platform. (h) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

3 Changes to your Subscription

(a) The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Subscription Terms.

(b) We may need to change what is available as part of your Subscription (for example, the inclusions or exclusions) from time to time. If we change what is available as part of your Subscription, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Subscription. If the changes adversely affect your enjoyment of the Subscription, you may cancel your Subscription with effect from the date we apply the changes to your Subscription by providing written notice to us. If you cancel your Subscription under this clause, (1) you will no longer be able to receive the Benefits on and from the date of cancellation, and (2) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid. (c) We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Subscription. If the updated Fee is not acceptable to you, you may cancel your Subscription in accordance with the “Cancellation of Subscriptions” clause. If you cancel your Subscription under this clause, (1) you will no longer be able to receive the Benefits on and from the date of cancellation, and (2) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

4 Cancellation of Subscriptions

(a) You may request to cancel your Subscription at any time by notifying us via email. Except as otherwise outlined in clauses 1(d), 3(b) and 3(c), your cancellation will take effect from the end of the current Billing Cycle.

(b) A Subscription will terminate immediately upon written notice by a Party (Non-Defaulting Party) if: (1) the other Party (Defaulting Party) breaches a material term of these Subscription Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or (2) the Defaulting Party is unable to pay its debts as they fall due.

(c) Should we suspect that you are in breach of these Subscription Terms, we may suspend your access to the Benefits while we investigate the suspected breach.

(d) Upon expiry or termination of your Subscription: (1) we will remove your access to the Benefits on and from the date of the next Billing Cycle (except as otherwise outlined in clauses 1(d), 3(b) and 3(c); (2) if you have paid Fees upfront you will not be issued a pro-rata refund having regard to the date of termination and the period for which you have paid (unless required by us under the Australian Consumer Law or as otherwise outlined in clauses 1(d), 3(b) and 3(c)); and (3) where we terminate your Subscription as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.

(e) Where termination is due to our breach of these Subscription Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.

(f) Termination of a Subscription will not affect any rights or liabilities that a Party has accrued under these Subscription Terms.

(g) This clause will survive the termination or expiry of your Subscription.

5 Australian Consumer Law

(a) Nothing in these Subscription Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Subscription Terms

6 Limitations

(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.

(b) Despite anything to the contrary, to the maximum extent permitted by law: (1) our maximum aggregate Liability arising from or in connection with the Subscription Terms (including the products and/or the subject matter of the Subscription Terms) will be limited to, and must not exceed, the Fees paid by you to us for the Subscription in the preceding 12 months; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any Liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

(d) In these Subscription Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise

7 General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Subscription Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Subscription Terms must be in writing addressed to us at the details set out below or to you at the details provided when you purchased your Subscription. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(d) Assignment: You must not assign any rights or obligations under these Subscription Terms, whether in whole or in part, without our prior written consent.

(e) Entire agreement: Subject to your rights under the Australian Consumer Law, the Subscription Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(f) Governing law: These Subscription Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(g) Sales Terms: These Subscription Terms apply in conjunction with our Sales Terms available on our Site. The purchase, shipping and refund of our goods will at all times fall under our Sales Terms. To the extent of any inconsistency between these Subscription Terms and our Sales Terms, these Subscription Terms apply.

For any questions and notices, please contact us at:

MGR Retail Pty Ltd trading as Monarch Store (ABN: 14 693 868 638)

Email: hello@monarchstore.com.au

Last update: 3 November 2022