Terms & Conditions
Website Use Terms
Malebox is a registered brand owned by Specialty Fashion Group Limited ABN 43 057 569 169.
Membership and Online Shopping
If you register as a member of our website or order products from our online shop our Online Shop Terms (as applicable) also apply. However, these Website Use Terms also apply to your use of this website. These Terms prevail to the extent of any conflict.
Material and content displayed on or comprised by this website including text, graphics, logos, button icons, images, the website layout and software is subject to copyright owned by Malebox or its suppliers. That material and content is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the website may be the subject of registered trade marks of Malebox or its suppliers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the website only for personal non-commercial use or for good faith commercial dealings with Malebox, and subject to these Terms. This permission is subject to you not modifying or republishing the content displayed on this site, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the website. Any other use of material on this website including the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.
Information on the website
Information on this website may or may not change from time to time. It is not promised or guaranteed to be correct, current or complete. This website may contain technical inaccuracies or typographical errors. To the extent legally permitted by the Australian Consumer Law, Malebox assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision based on information on this website.
This website may contain advice and other tips and information including in relation to clothing and fashion. That advice and information is of a general nature only. It should not be relied on as applying to your specific situation. Obtain specialist advice in appropriate situations.
This website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). Malebox is not responsible for and does not endorse: (a) the content of Linked Sites or Third Party Material; (b) any use or misuse of information you may supply to or obtain from a Linked Site or any Third Party Material; or (c) any goods or services offered via Linked Sites. Malebox does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. Malebox is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this website.
You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
Use of this website
You agree to comply with all domestic and international laws applicable to your use of this website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website, including by uploading or transmitting through the website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this website or any computer. You must not impersonate or misappropriate the identity of another person. Use of this website in contravention of these Terms may result in you being banned from the website and being liable to Malebox for breach of contract and/or infringing applicable law.
Contribution of content
Malebox may allow user-generated content on this website including video, photos, wall posts and comments, at its discretion from time to time. However, Malebox is not responsible for the content submitted and does not endorse the opinions expressed by the users of this website.
You must not post on this website any material that is abusive, defamatory or obscene or which is contrary to law or to the rights of any party. Malebox may block or delete from this website any material you post that Malebox decides contravenes those requirements.
By submitting content, you agree that Malebox may use this content including your name, either temporarily or permanently, for testimonial, marketing or other purposes in any media without any compensation to you. You promise that all content you submit is your original work and that submitting it does not infringe the intellectual property or other rights of any person.
Disclaimer of warranty
You use this website at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties, conditions, representations or guarantees (Warranties) whatsoever. To the extent legally permitted, Malebox expressly disclaims all implied, statutory and other Warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Malebox does not represent or warrant that the functions within this website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes this website available is free of viruses or other harmful elements. You agree that in using this website you have not relied on any Warranty made by Malebox not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
If applicable law prohibits the exclusion of any of the Warranties referred to above, to the extent legally permitted, Malebox limits its liability for breach of any such Warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Malebox’s discretion.
Limitation of liability
To the extent legally permitted, Malebox is not liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type related to or arising from: (a) this website; (b) any use of this website or of any site or resource linked to, referenced or accessed through this website; or (c) the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data. These exclusions apply even if Malebox is expressly advised of the possibility of such damages and extend to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Malebox’s maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to AUD50.00.
You agree to indemnify, defend and hold harmless Malebox from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these Terms, the rights of another party or any applicable law or arising out of any activity related to your account, by you or any other person accessing this website using your Internet account. The indemnity in this clause extends to and applies for the benefit of Malebox’s officers, directors, employees, agents, contractors, licensors and suppliers.
If you are allocated a password to access any part of this website, you are responsible to prevent the password being disclosed to any third party.
These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
Malebox may alter these Terms from time to time by posting the altered version on this website. You should visit the website regularly to keep up to date with any alterations. By continuing to use this website, you accept the Terms current at the time you access and use it.
Malebox Voucher Terms
These Voucher Terms set out the terms on which we issue discount or nominated value vouchers. They apply to physical vouchers and to voucher and discount codes we issue (Vouchers). By applying for or using a Voucher, you consent to these Voucher Terms and any other Voucher terms (Specific Voucher Terms) printed on the Voucher or listed on the website or email from us where the Voucher was offered.
1. Each Voucher type is identified by a voucher code and has different requirements and rewards including Specific Voucher Terms, in addition to these Voucher Terms. These Voucher Terms and all applicable Specific Voucher Terms must be met to be eligible for the Voucher and to receive the discount or offer covered by the Voucher. The Specific Voucher Terms override these Voucher Terms to the extent of any conflict. Examples of our Vouchers may include Reward Vouchers, Privilege Vouchers, Anniversary Vouchers and Birthday Vouchers.
2. Voucher values or discount rates or amounts, as applicable, are as specified on the Voucher. The maximum value of a Reward Voucher issued per transaction is $50. All value amounts are specified in Australian dollars. Vouchers with a face value can be redeemed in Australian dollars only.
3. There is a limit of one Voucher per household per offer unless the Specific Voucher Terms expressly provide otherwise.
4. Vouchers are intended for single use only on a single order unless the Specific Voucher Terms expressly provide otherwise.
5. Where a physical Voucher is issued to you, only the original Voucher will be accepted for use. You must surrender the Voucher when you use it unless the Specific Voucher Terms expressly allow for multiple uses. You must not reproduce or copy the Voucher and the Voucher is not valid if reproduced or copied unless the Specific Voucher Terms expressly provide otherwise, for example by allowing you to print the Voucher from the relevant website or insert a Voucher code.
6. Vouchers are applicable to valid direct debit and credit card purchases only.
7. Vouchers are usable only on or at our web site.
8. In the case of a multiple-item order, the value of the Voucher is allocated to each item based on the proportion of the item's value to the total value of all items, excluding shipping, taxes and other charges.
9. Certain items may not be eligible for purchase using the Voucher. These will be notified in the Specific Voucher Terms. Generally, Vouchers cannot be used to purchase gift cards.
10. A Voucher cannot be used to pay for taxes, shipping and handling or other charges unless the Specific Coupon Terms expressly provide otherwise. Any Voucher offering free shipping applies only to shipping of products within the area we designate from time to time.
11. Some Vouchers are subject to a minimum purchase requirement. Taxes, shipping and handling and other charges do not apply towards meeting the minimum purchase amount.
12. A particular Voucher cannot be combined with any other offer or Voucher in the same order unless the Specific Voucher Terms expressly provide otherwise.
13. Each Voucher (excluding a single use Voucher, which expires on use) is valid for a limited time only and expires on the date specified in the Specific Voucher Terms unless used or terminated earlier in accordance with these Voucher Terms. Most Reward Vouchers expire 30 days after issue.
14. Vouchers are not for resale and are not redeemable for cash. If the order value is lower than the Voucher value, the remaining amount of the Voucher value is lost.
15. Physical Vouchers cannot be replaced if lost, stolen, mutilated, defaced, tampered with or deleted.
16. A Voucher cannot be applied to orders already placed.
17. If a Voucher is used and your entire order is cancelled or rejected, or if you return all items in your order, we will refund the actual amount paid subject to our applicable trading terms but the Voucher will no longer be valid.
18. If a Voucher is used and only part of your order is cancelled or rejected, or if you return only some of the items in your order, a partial Voucher discount will still be applied to the remaining item(s) that are processed.
19. We may discontinue, cancel or refuse to issue or honour a specific Voucher or Voucher type at any time for any reason without notice. This may occur for a range of reasons including due to errors associated with issuing or processing the Voucher or Voucher type or because we consider that you or the Voucher applicant have applied for or used the Voucher improperly or outside its intended purpose or operation or in breach of these Voucher Terms including any Specific Voucher Terms or because the Voucher has been tampered with or altered.
20. These Voucher Terms cover only the Voucher itself. Our specified trading terms also apply to your purchases of products or services using the Voucher.
ONLINE SHOP TERMS
Malebox is a registered brand owned by Specialty Fashion Group Limited ABN 43 057 569 169.
You should ensure you are comfortable with all our Terms
You may buy goods offered online by us by completing the order form available on our website. To buy goods via our website, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.
You must register with our website to be able to make purchases from our online store. Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us, at our discretion.
We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated.
All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will commence once payment has been processed/validated. We accept payment by Visa, MasterCard and American Express. Credit card details are processed using at least SSL 128 bit encryption and are not stored by us.
Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.
From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.
All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged. If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.
We ship within Australia only and charge a fixed cost (this cost may be varied from time to time and is subject to a surcharge for large orders). Online orders totaling $100.00 AUD or more that are shipped to an address within Australia are shipped for free. Online orders totaling less than $100.00 AUD that are shipped to an address within Australia incur a flat $8.80 shipping and handling fee.
It is your obligation to enter the correct delivery address details at the time of ordering. We are unable to deliver to a P.O. Box.
We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most orders should arrive within 5 to 10 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by emailing email@example.com or calling 1800 164 553 (within Australia). Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the courier and advise you of any issues that are discovered.
We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. You have the option to have your item delivered with or without a signature of receipt. If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage after delivery.
If you choose to sign for your item you will generally need to be available between 7.00am and 5:00pm to receive the delivery. You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.
Free Shipping Promotion
From time to time, we may offer free shipping promotions or similar. During the stated period of the promotion, the express terms of any specific promotion override these Terms other than the Special offers and Error sections. You must pay any return freight costs on change of mind purchases. Faulty items will be replaced with the same item originally purchased where still available. For faulty items that cannot be replaced, a full refund will be offered; we will pay all freight charges on faulty items.
If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.
Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.
Goods ordered by you remain our property until you pay for them in full.
To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.
In addition to your statutory rights, if you change your mind we will happily exchange or refund your item/s providing the following conditions have been met:
1. The items are returned within 30 days of the purchase date and the original sales receipt is present.
2. Items must be in original condition as purchased, with all labels/tickets attached. Garment must not have been worn.
Returns/exchanges can be sent to:
151-163 Wyndham Street
Alexandria, NSW 2015
If you return items to us that do not comply with the above requirements, we will return them to you at your cost.
Promptly after we receive your return package your refund/exchange will be processed and new item sent back out to you (where available) or we will credit the credit card used for the initial transaction, excluding delivery charges (unless goods are faulty or not as ordered). You will be charged an additional fee for redelivery. Do not re-use our courier bag.
You can exchange or return your online order via post to the address above with the original electronic receipt you received at time of purchase subject to the terms of this section. If you wish to exchange a Malebox item received as a gift, please provide the order number included with your gift (this can be found on the reverse side of your gift card). Where a gift recipient is unable to provide a receipt or order number a Malebox credit voucher will be provided on return of the product.
malebox have teamed up with ParcelPoint to provide you with easy hassle free returns. To do so simply follow the link to the ParcelPoint website by clicking here, or visit www.parcelpoint.com.au/malebox
Please check your items against your receipt. If there are any discrepancies please email firstname.lastname@example.org or call our Customer Service line on 1800 164553 as soon as possible and within 30 days of purchase date.
Limitation of liability
To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.
If we issue you a voucher to redeem against the future purchase of goods, our Voucher Terms and Conditions apply.
You can contact us using any of the following methods:
• By calling 1800 164 553 (Australia only) between 9am - 5pm Australian EST Monday to Friday, excluding public holidays;
• By emailing us at email@example.com or
• By mail addressed to Malebox, 151-163 Wyndham Street, Alexandria, NSW 2015, Australia or other address we notify from time to time.
Notices to you
We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.
You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods ordered via the website after the alteration takes effect.
These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) does not apply.
malebox is a proud Australian owned business. Your information is never shared with third parties for marketing purposes.
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