Terms and conditions
Privacy Notice & Terms and Conditions
The Terms and Conditions below govern your use of TheMerchants.com.au online shop and your relationship with The Merchants Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the The Merchants online shop. Please note that to use any of the services provided on The Merchants online shop, you are required to register as an authorised user on the site.
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Registration:
- To register with The Merchants online shop you must be over 18 years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. The Merchants does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use The Merchants Online Store only with involvement of a parent or guardian. The Merchants Online Store and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
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Electronic Communications:
- When you open an account with The Merchants or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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Password & Security:
- When you register to use The Merchants online shop you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services sales@themerchants.com.au immediately.
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Intellectual Property:
- The content of The Merchants online shop is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of The Merchants online shop on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on The Merchants online shop without written permission from The Merchants. No licence is granted to you in these Terms and Conditions to use any trade mark of The Merchants including, without limitation.
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Risk of loss:
- All items purchased from The Merchants are made pursuant to a shipment contract. This means that the risk of loss and and or damage is passed to you upon our delivery to the carrier.
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Limitations:
- You may not use The Merchants online shop for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- gaining unauthorised access to other computer systems
- interfering with any other person's use or enjoyment of The Merchants site
- breaching any laws concerning the use of public telecommunications networks
- interfering or disrupting networks or web sites connected to The Merchants site
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- any claim by any third party that the use of the The Merchants online shop by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of The Merchants online shop by you infringes that third party's copyright or other intellectual property rights of whatever nature; and any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the The Merchants online shop by you.
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Credit Cards::
- No Credit Card details are stored on our servers, everything is processed via National Australia Bank.
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Delivery & Redelivery:
- Delivery of the goods shall be by courier unless otherwise stated on this website.
- For Items weighing over 25kg an able bodied person will need to assist the driver unload
- Delivery shall be made to the buyer's address or other address for delivery given in writing at the time of the order.
- The buyer shall make all necessary arrangements to take delivery of the goods whenever they are tendered for delivery.
- Delivery dates will be arranged between the courier company and the purchaser. Times may not be specific.
- The seller may deliver separate goods by installments.
- The seller shall not be liable for any loss or damage whatever due to failure by the seller to deliver the goods (or part of them) promptly or at all if insurance is not selected as an option during checkout.
- Notwithstanding that the seller may have delayed or failed to deliver the goods (or part of them) promptly the buyer shall be bound to accept delivery provided that delivery shall be tendered at any time within 30 days after receipt of the order.
- Transport shall be at the buyer's risk. Where the goods are collected from the sellers address the risk shall pass to the buyer upon receipt of goods from the pickup location.
- Transportation insurance is optional (not included in the shipping price) Please contact us if insurance is required
- Delivery charges are to the front entry of your premises on the ground floor
- Delivery will be with a courier company so we cannot deliver to a PO box (Applicable to product weight over 15 kg)
- All Deliveries will be with Australia Post OR Startrack Express , In some case Local transport (Jet Couriers) will be used depending on Availability
- Delivery to a business address between 9am-5pm is preferable
- It is your responsibility to advise us of:
- Will someone be available to sign for delivery?
- Is there anywhere safe it can be left if no one is home? (e.g. around the back of the house)
- If the address is a business address, please advise the business hours and also the name of the building.
- If delivery is not successful on the first attempt the freight company will notify you (Collection card left), if you can pick it up from their depot. If the freight company tries to redeliver you will be charged a redelivery fee! This is why we require you to give us special instructions before we send your order out.
- We cannot advise you the exact day and time delivery will occur, HOWEVER we will email you the tracking details and the freight company contact details and they can provide you a better estimation of the time.
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Transportation:
- Goods will be dispatched within 48 hours after payment is cleared (Except weekend or public holiday)
- Transport Insurance is optional , buyer should contact us for Insurance fees which is 5% of the Total price of the products.
- The Merchants packs all products carefully to prevent damage during shipping. However, damage may still occur occasionally. Buyer must inspect the packaging and the products carefully upon receiving them, then accept the shipment and notate any damages and irregularities, such as crushed, torn, punctured, missing or broken parts on both the packaging and the product, on the freight bill or receipt at the driver's presence. Buyer must retain all cartons, packing materials, and damaged products for the carrier's damage inspector to inspect. Do not refuse shipment or return it without approval, because the buyer's right to make a damage claim may be denied. A signed receipt without any notation indemnified the carrier as well as The Merchants from any further damage claims. Discovery of damages after a clear delivery becomes the responsibility of the customer.
- All damages must be notified to carrier and the dealer within 24 hours. In cases of damage with proper notation on receipt, the carrier will determine whether to pay for repair cost or replacement value of the damaged goods after damage inspection. Replacement value is the amount the buyer paid to the distributor and is not negotiable. All disputes about the settlement amount should be addressed with the carrier. The Merchants under no circumstances, shall be liable for the damaged product or for subsequent settlement of the claim with the carrier.
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Returns:
Special orders cannot be returned. If the buyer decides to return any part of the ordered item, he or she must contact the distributor who in turn can contact The Merchants and receive a return authorization within three (3) days of receiving the parts. A Return Authorization number (RA number) will be issued to the buyer by The Merchants, and it must be written on the outside of the packages being returned. Returned products must be received back at The Merchants within 10 days of issuing the return authorization.
There is no return for any parts that have been used, modified, painted, or installed. All returned products are subject to a 30% restocking fee, and shipping and handling fees are not refundable. All products which are approved for return are for store credit only. All products returned must be in the original shipping carton in the same condition as it was originally delivered or shipped. Only the original buyer may request for a return of products. Defective items may be exchanged for the same item only. Upon receipt of returned parts, The Merchants shall inspect the parts to determine their exact condition.
If The Merchants does not accept the goods as being defective and/or returnable, buyer must accept any incurred costs. All returns, regardless of the underlying reason, must be sent shipping prepaid. Any returns sent shipping collect or without RA number will be refused and returned to the buyer at his or her own expense. Shipping costs to and from the purchaser are not refundable. Buyer is advised to insure the returned goods for their full value for his or her own protection. Otherwise, neither The Merchants nor the shipping company would be responsible for any damage or loss in shipment. Refund will not be issued on returned products that are damaged on the way back to The Merchants .
Refunds can not be given instantaneously after tracking has been signed for an items delivery. Investigations will be lodged with either Star Track Express or Australia Post to come to a conclusion. This process can take from 5-8 working days once the investigation has been lodged.
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Free delivery is not applicable for return or replacement of a purchased product.
Wearable boxing equipment, accessories and apparel (e.g. boxing gloves, protection gears, weight lifting gloves, hand wraps etc) cannot be returned or refunded due to hygiene issues.------------------------------------------------------------------------------------------------------------------------------
Faulty Products:
If your product is received and found to be damaged, we will either have the item collected and replaced with a new one, have the damaged parts shipped out for replacement by the customer or arrange for a qualified repair agent to have it fixed. Depending on the area you are located this may not be possible as repair agents are situated in limited metropolitan areas only.
If we have the product collected and find that it is not faulty, we will have the product sent back and pass on all collection and delivery charges to the customer.
To qualify for our Faulty Returns Policy, you must inform us of the exact damage within 7 days of receiving the damaged goods. We will have to provide a returns authorisation number before any action can be taken.
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Delivery Time Frame:
- We will send out your item(s) within 48 working hours after your payment is cleared and identified. The estimated delivery time would be different to different state:
- VIC Delivery within 3 to 6 working days
- NSW, ACT, SA, WA Delivery within 5 to 7 working days
- QLD within 7 to 10 working days
- WA and NT 7-15 working days
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Delivery time may be longer during Christmas and New Year period
For delivery question please contact us at sales@themerchants.com.au
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Competitor Price Beaten Guarantee Conditions
- A copy of the competitor’s advertisement or written proof satisfactory to The Merchants of the offer made in the competitor’s advertisement or current in-store price must be provided with proof satisfactory to The Merchants
- Where a Bonus offer is included, the price beat will only apply to a like for like product.
- The competitor’s offer must be valid and current at the time a price beat is sought.
- This offer applies only to prices advertised in newspapers or printed media or in-store. EXCLUDES written competitor quotations or online/internet prices.
- The compared items must be identical (Brand / Model / Colour)
- The competitor must have the product in stock and available for sale at the time a price beat is sought.
- The competitor’s price must be genuine.
- The Competitors store must be within 100km of an The Merchants store - Regional competitors pricing will be taken into consideration including cost of freight from that store to the customer.
- Should the competitor advertisment have a typographical error, the price will not be honoured. For Example a Treadmill was advertised for $109 when it was supposed to be $1099.
- Price beats do not apply to rental items
- The Merchants reserves the right to withdraw this offer at any time without notice.
- Wherever our "We wont be beaten on price Guarantee" icon is advertised or used throughout this website or any of our advertising these conditions are applicable
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