Terms and Conditions

 



 

 

Your use of the MILA & EDDIE website www.milaandeddie.com.au (“Website”) is conditional upon you agreeing to the terms and conditions set out below.  You agree that these terms and conditions form the entire agreement between you and MILA & EDDIE (“Agreement”.)

 

 

Becoming a member

A request or application for membership of MILA & EDDIE (“Membership”) is an offer by you which may be accepted or rejected by MILA & EDDIE in its absolute discretion.


If you complete an application form, by doing so you guarantee to MILA & EDDIE that the information that you include is true and correct in every particular.

If your application for Membership is accepted by MILA & EDDIE all references in this Agreement to a Member will apply to you.

 

 

Member Benefits and Obligations

As a Member you are permitted to request and receive on loan one item from your category of Membership from the MILA & EDDIE collection at any time during your Membership period (“Goods”.)

MILA & EDDIE in its absolute discretion may permit or reject a request for receipt of the Goods and all requests are subject to availability of the Goods.

Upon confirmation to you that the Goods are available for loan MILA & EDDIE will delivery the Goods to you within a reasonable timeframe.

All Goods in the MILA & EDDIE collection are authentic designer handbags and are provided to Members in either new or like new condition.

As a Member you agree that in the event that the Goods are lost, stolen or damaged while in the Member’s possession MILA & EDDIE reserves the right to charge you the Replacement Value for the Goods to your Payment Account.  The Replacement Value is based on the categories of Membership and includes a range of amounts that represent the value of the Goods in each category. 


Please email us at info@milaandeddie.com.au for replacement Values.


You accept responsibility for the Goods' security until collection by or return to MILA & EDDIE and undertake not to sell or relinquish possession, alter, repair or modify the Goods in any way.

In the event that a Member causes Damage to the Goods, MILA & EDDIE may determine in its sole discretion whether the Goods are capable of being repaired. A Member will be charged for the reasonable costs of repair. If the Goods cannot be repaired the Member will be charged the Replacement Value of the Goods.

Damage to the Goods includes stains, tears, rips, broken buckles or hardware, scratches, broken or tampered zippers and may include damage caused by the failure of a Member to keep the Goods in a clean and reasonable condition.

 


Membership Fees

The fees for Membership (“Membership Fees”) are as set out on the Website from time to time.

MILA & EDDIE reserves the right to alter the Membership Fees. MILA & EDDIE must notify a Member of a change in Membership Fees by no less than 28 days notice. Notice by email or a notice displayed on the Website is sufficient notice of a change to the Membership Fees.

MILA & EDDIE reserves the right to vary any delivery and freight charges at any time.

Unless otherwise stated, Membership Fees do not include goods and services tax or similar value added tax, other taxes, import duties or other levies or tariffs, freight or insurance charges which, if applicable, will be an extra charge to the Member.

 

Membership Fees

When submitting your application, each Member will be required to provide MILA & EDDIE with the details of a valid credit card (“Payment Account”) for the purpose of payment of the Membership Fees and any other fees and charges incurred in connection with your Membership.

You authorise MILA & EDDIE to deduct the Membership Fees on a monthly basis during your Membership.  This authority continues during your Membership or until you notify MILA & EDDIE in writing of your intention to cancel your Membership.

You agree to notify MILA & EDDIE of any changes to your Payment Account.

An invoice for the payment of the Membership Fees can be sent to you on request.

Time is of the essence in respect of a Member’s obligation to make payment.  Failure to make payment when due is a default under this Agreement which entitles MILA & EDDIE to terminate the Agreement or suspend your Membership until all amounts are paid.

You hereby irrevocably authorise MILA & EDDIE to debit the Payment Account for any of the following amounts:

  1. any applicable monthly supplement fees;
  2. any relevant delivery fees;
  3. overdue or late payments;
  4. Damage caused to Goods in your care; and
  5. Replacement Values where Goods are lost, stolen or unreturned after MILA & EDDIE has made a reasonable request for their return; and
  6. any other charges incurred in connection with your Membership.
Termination or expiry of membership

Notwithstanding any term of this Agreement to the contrary MILA & EDDIE shall have the right to cancel this Membership (without prejudice to any other of its rights) upon the occurrence of any of the following events:

  1. failure by a Member to use the service properly;
  2. Non-payment of Membership Fees or any other fees incurred by a Member; or
  3. a breach by a Member of any of the other terms contained in this Agreement.

Upon the happening of any one or more of the above events MILA & EDDIE will be entitled to repossess the Goods and charge you for the Replacement Value where Goods are not returned.

 

Costs of default

If a Member defaults in performing its obligations under this Agreement and MILA & EDDIE incurs expenses in enforcing its rights under this Agreement, the Member shall pay those expenses (including full legal, debt collection and administrative costs) to MILA & EDDIE on demand.

Copyrights and permissions

No part of the MILA & EDDIE Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of MILA & EDDIE.

The use or mention of any trade names, product names, or trademarks on this Site does not suggest that the trademark owner has any affiliations with or endorsement by MILA & EDDIE.

All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by MILA & EDDIE and MILA & EDDIE may use such materials in any manner that it deems appropriate.

 

Limitation of Liability

The parties agree that notwithstanding any other provision of this Agreement and to the fullest extent permitted by law, MILA & EDDIE will not be liable for direct, consequential or indirect loss or damages of any kind suffered by a Member as a result of any act or omission of MILA & EDDIE.

The parties agree that the above clause survives the expiry or termination of this Agreement.

 

Indemnity

A Member will at all times indemnify and hold MILA & EDDIE and its officers, employees and agents (“those indemnified”) from and against loss (including legal costs and expenses) reasonably incurred or suffered by any of those indemnified arising from any such claim, action or demand or proceeding against those indemnified where such loss or liability was contributed to or caused by a Member’s use of the Website or any wilful, unlawful or negligent act or omission by a Member.

 

Changes to the site

MILA & EDDIE may modify these terms and conditions at anytime without notice to you.  Your continued use of the site after such change constitutes your acceptance of that modification.  You should check the terms and conditions regularly.

Other terms

If any part of a clause of this Agreement is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable part will be deemed to be omitted.

If GST is levied in respect of any supply made under or in connection with this Agreement, the amount payable for that supply will be increased by the rate of GST.  MILA & EDDIE agrees to issue a GST tax invoice or any other thing required under any legislation in the form required and in the time provided for by the relevant legislation.

The failure of either party at any time to insist on strict performance of a provision of this Agreement is not a waiver of its right at any later time to insist on strict performance of that or any clause of this Agreement.

The Agreement is governed by the laws of Victoria and both parties submit to the exclusive jurisdiction of the Victorian courts.