Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you agree to be bound by and subject to all of the Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website without notice.
2. DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law Merrell Australia and its suppliers, content providers and advertisers are hereby expressly excluded from being subject to any conditions, warranties and other terms or obligations which might be imposed by statute, common law or equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials or products posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Merrell Australia’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability, which cannot be excluded or limited under applicable law.
The Merrell Australia Website and online store (collectively, our “Website”) is owned and operated by RCG Brands (Australia) Pty Ltd trading as 'Merrell Australia' (ABN 96 125 433 972) with our support office located at 719 Elizabeth Street, Waterloo, NSW, Australia.
Access and use of the Merrell Australia Website is conditional upon your acceptance and compliance with the Terms of Service. You should read them thoroughly before using our Website and online store, or any Services provided through our Website. Your use of the Merrell Australia Website constitutes your agreement to the Terms of Service.
Merrell Australia reserves the right to amend the Terms of Service at any time and without notice to you. Merrell AU may change the Terms of Service from time to time, and your continued use of our Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the Terms of Service as so amended. We will always publish a link to our current Terms of Service from the Website homepage at www.merrellaustralia.com.au.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria in Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria in Australia.
5. PERSONAL INFORMATION
Although not compulsory, you may create a customer account on our Website to make a purchase. However, you must create a Merrell Australia account to engage with the Merrell Australia community to make comments on our Website.
As an account holder you must provide Merrell Australia with accurate personal information including a valid email address. Provision of another person’s details as your own is not acceptable and may result in Merrell Australia cancelling your account.
As an aide to fraud prevention we may require proof of identification of the holder of a credit card being used to make a purchase prior to releasing the order.
If you believe you have been a victim of fraud, please call our Customer Experience team on 1300 131 766 (press option 4 once prompted) or fill out the contact form here so we can escalate the issue appropriately.
6. SECURITY OF YOUR ACCOUNT
If you create an account with Merrell Australia, you will be required to provide a password. You acknowledge that you are solely responsible for maintaining the security of your password.
Each time your password is used, you will be deemed to have authorized access to and use of our Website in a manner consistent with these Terms of Service. This means that you are responsible for any products purchased using your account details.
You must notify Merrell Australia if at any time you believe someone has access to your password. You may be asked to verify your identity when you contact our Customer Care Team for access to order information, personal information or any other information relating to your account and its use.
7. TERMS OF SALE
By placing an order, you are offering to purchase a product subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
A. PRICING & AVAILABILITY
While we try and ensure that all details, descriptions and prices which appear on our Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
All prices on our Website are quoted in Australian dollars and include GST.
All prices are subject to change. All prices displayed on our Website are only valid online at the time shown.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Merrell Australia attempts to present the availability of stock accurately however stock availability constantly varies and is only valid at the time shown. If an ordered item isn't available or we are unable to fulfil your order, we may attempt to arrange an alternative item or will provide a full refund.
Credit card information provided to Merrell Australia for the purchase of goods is protected. Merrell AU is a secure site protected with a Digicert SSL certificate. Merrell Australia does not under any circumstances store credit card details. This type of security ensures your order and payment details are encrypted and remain secure over the internet.
Provision of credit card information as payment for any products constitutes an agreement for your purchase of the selected products. We accept payment by Visa, MasterCard, American Express (AMEX), PayPal and Afterpay. You must comply with the applicable terms and conditions of these providers.
We also accept payment by Gift Cards online.
You must not pay or attempt to pay for any products using fraudulent credit card information.
Dispatch times may vary according to availability. Any specifications made as to delivery times may be subject to delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Shipping page for further information.
We currently only deliver to Australian addresses only.
An authorisation request must be made through our Customer Care team for all returns of items purchased online before the goods are posted back to Merrell Australia. When returning purchases made online, the products must be unworn and in their original condition and original packaging. You are liable for the postage cost of returning products purchased on this Website.
If the product is faulty when you receive it you may choose to return the product to Merrell Australia for a full refund. Faults will be assessed by our Customer Care Team and we may also consult with the supplier or manufacturer. If the product is found to be faulty you will receive a full refund. Refunds made under this clause are subject to clause e. below. For more information on our online and store returns policy, please refer to our Returns page for further information.
Refunds will only be issued in accordance with our online returns policy and will only be made to the original account used for payment. In some limited circumstances, we may make a refund to an alternative account if the original account has been cancelled or is not available. Please note, any delivery cost incurred on the original order cannot be refunded and will be at the loss of the customer.
Merrell Australia will not consider requests for refunds after 30 days of purchase unless the product is deemed faulty by our Customer Experience Team.
In the event Merell requests your bank account details to issue a refund, please ensure you provide the correct BSB and Account Number. Your refund may be delayed if the incorrect details cause the refund to bounce. We are not liable for any refunds processed into the wrong account due to incorrect information provided.
F. LOSS OF GOODS
The risk of loss of goods shall be passed to you upon our delivery of the product to Merrell's nominated delivery company, unless the loss of goods was caused by the nominated delivery company, at which point, Merrell Australia will take reasonable steps to recover or replace the lost goods.
G. ORDER CANCELLATIONS
Subject to clause a. above, once you have placed your order, Merrell Australia is unable to add, remove or make changes to your order including your delivery details, items, colours, sizes or removing the items from your order. We reserve the right to cancel your order if:
- You provide an unauthorized credit card;
- We are unable to process payment on the credit card provided;
- You have provided invalid personal details;
- If, when required, you cannot provide acceptable proof of identity;
- The product has become unavailable;
- If, for any reason, we don't reasonably believe we can successfully complete delivery
Our Customer Care Team will attempt to notify you before cancelling your order.
H. ONLINE PROMO CODES
We may from time to time offer online promotional discount codes (“Online Promo Codes”), which may apply in respect of any, or certain specified, purchases made through our Website. The conditions of use relating to any Online Promo Code will be specified at the time of issue. These Online Promo Codes cannot be transferred or used for purchases in-store.
Some Online Promo Codes may have a minimum spend (eg. only available if you spend a specified amount), apply only to a specific product, or group of products, be available for a limited time or specified date range, and/or be only available to a specific customer group (eg. Students). Specific details regarding this will be provided with your Online Promo Code.
If we have reason to suspect an attempt to deceive or defraud Merrell AU through the use of an Online Promo Code, we reserve the right to deny use of the Online Promo Code, and/or request an alternative means of payment.
If the credit of an Online Promo Code is insufficient to complete an order, you can choose another accepted method to pay the balance outstanding. This could include an accepted credit card where applicable.
Merrell Australia runs consumer promotions and competitions from time to time. Each consumer promotion or competition will have specific terms and conditions. Please refer to the terms and conditions of each individual consumer promotion or competition for more details.
If we run a competition where the entries will be judged, and a winner is then chosen, the entries will be judged by Merrell Australia. Merrell Australia decision is final, and no correspondence will be entered into. The prize only includes what is expressly stated to be part of the prize and is not transferable. No cash alternative is available.
You are responsible for providing us with accurate and up-to-date contact details. We will not be liable for any failure, delay or inability to contact you. Winners will have 7 business days to claim their prize, at which time the prize will be redrawn.
If you are a potential winner, we will contact you at the email address you provided, or we will contact you through other means which are specified in the individual consumer promotion or competition terms and conditions. We will contact you within 48 hours of the winner being drawn and may ask you to verify your personal details.
Entry into a promotion is not open to our employees or their relatives, agents, sponsors, suppliers or any persons contact with the promotion of a competition.
Incomplete or indecipherable entries will be deemed invalid. Merrell Australia reserves the right to disqualify any entrant who submits and entry that is not in accordance with these terms and conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.
If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorised intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.
Entrants consent to us using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by us.
By entering into a Merrell Australia promotion or competition, you give Merrell Australia your consent to the recording of your email address on Merrell Australia's marketing mailing list and the receipt of marketing communications from us. You may unsubscribe at any time by clicking the 'Unsubscribe' link at the bottom of our newsletters.
Entry into a consumer promotion or competition is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.
9. REVIEWS & COMMENTS
You may post reviews and make comments about the content of our Website. The reviews and comments however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of "spam." Merrell AU reserves the right to remove such comments at any time without notice to you.
If you post a comment, and unless we indicate otherwise, you grant Merrell Australia a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on our Website and on any other marketing material Merrell may create.
You must not misuse our Website. You must not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through our Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
11. INTELLECTUAL PROPERTY, SOFTWARE & CONTENT
The intellectual property rights in all software and content made available to you on or through this Website remain the property of RCG Brands Pty Ltd and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) or its licensors and are protected by copyright laws and treaties around the World. All such rights are reserved by RCG Brands Pty Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
12. LINKING TO OUR WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our homepage on any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
13. DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES & THIRD-PARTY COPYRIGHT
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party goods, services and/or locations featured on our Website are in no way associated, linked or affiliated with Merrell Australia and you should not rely on the existence of such a connection or affiliation. Trademarks or brand names featured on our Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Merrell Australia.
You agree to indemnify, defend and hold harmless Merrell Australia, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of our Website or your breach of these Terms of Service.
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this Website. Merrell Australia makes no warranty regarding the strength or effectiveness of that encryption and accepts no responsibility for events arising from unauthorized access of the information you provide.
16. GIFT CARDS
Merrell Gift Cards can be purchased in store and are redeemable at any Merrell retail store in Australia or online at www.merrellaustralia.com.au.
Gift Cards are valid for 3 years from the issue date, or until no amount remains on the Gift Card. Any balance that remains on the Gift Card after expiry will not be available for use.
Gift Cards cannot be exchanged (wholly or partly) for cash, reloaded, topped up or used to purchase other gift cards.
The value shown on a Gift Card includes GST.
Gift Cards are partially redeemable and any unused balance can be used for future purchases up to the expiry date.
Gift Cards should be treated like cash. Lost or stolen gift cards will not be replaced or refunded.
Items purchased using Gift Cards that are subject to our returns or refunds policy will be refunded as store credit. We reserve the right to issue you with a new Gift Card equivalent to the value of your refunded Gift Card purchase.
Should we suspect any fraud relating to a Gift Card, we may refuse to redeem the Gift Card until we are satisfied that no fraud has occurred.
We reserve the right to change these conditions at any time and will provide at least 14 days’ notice by posting the changes on this website. If you contact us within the notice period and do not accept the changes, we can cancel the Gift Card and refund you any value remaining on the Gift Card.