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The Myer Market Terms and Conditions

Welcome to market.myer.com.au

These terms and conditions (Terms) govern the use of the Myer Market (Site). These Terms incorporate both our privacy policy and returns policy. The privacy policy sets out how the Myer Market will use your information and can be found at our Privacy page. By using this Site, you consent to the processing of information as described therein and warrant that all data provided by you is accurate. The returns policy details your rights to a refund under the Myer’s No Regrets Returns Policy. The policy applies to all Products purchased from the Myer Market. By using this Site in any manner, you agree and accept the Terms.

The Myer Market reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the services or Terms and/or any page of this Site. Each time you use the Site, you should be aware of our current Terms.

Please note that the Myer Market is a platform for the sale of products offered by both Myer Pty Ltd (ABN 83 004 143 239) (Myer) and third party sellers. Third party sellers are independent retailers that may have their own store, and are looking to diversify their range and selling options to the Myer Market. Where an item is offered and sold by a third party seller, the name of the seller and the fulfilment of the order conditions including delivery fees, will be specified on the relevant product page.


Order

  1. You may place an order by following the instructions on the Site. By placing an order, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by the Myer Market at the time the Myer Market sends an order confirmation to your nominated e-mail address. It is your responsibility to ensure the correct email address and contact details are entered with your order.

  2. Each order you place will be a separate contract. Each product in your order is either sold by Myer Pty Ltd or the third party specified as the seller of the product on the relevant product page (Seller).

  3. A tax invoice will be issued at the time your products are ready for despatch. Where you purchase products from both a third party Seller and from Myer, you will receive a tax Invoice from Myer for products sold and fulfilled by Myer and a separate tax invoice for products from and fulfilled by the third party Seller.

  4. All products offered for sale from the Site are for personal non-commercial use and not re-sell, and in the case of Apple branded products, is not sold for use by governments or educational institutions.

  5. The Myer Market may restrict the quantity of products which can be purchased in one order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised.

  6. The Myer Market will not be liable to you or any third party for any loss suffered as a result of, or in connection with, a delay or failure to process your order or deliver your products due to inaccurate or incomplete details provided in an order.

  7. You agree to obtain consent to provide the Myer Market with Personal Information of recipients of gifts or products ordered by you.

  8. If you place consecutive or separate orders, the orders cannot be consolidated. A separate Delivery Fee, if applicable, will apply to each order. Subject to any applicable quantity restrictions, you can order as many products as you wish in one order.

  9. If the Myer Market cannot contact you about your order using the contact details you provided in the order, then after having made reasonable attempts to contact you, your order will be cancelled and you will be refunded any money paid.

  10. Any products you purchase can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms part of these Terms.

  11. From time to time, products may be out of stock or are unavailable and we may not be able to fulfil all or part of your order. If this happens, we will refund you the price paid for the products impacted.

  12. The Myer Market may withdraw or suspend from sale any product displayed on the Site, either temporarily or permanently, at any time and without notice.

  13. All reasonable care will be taken to ensure that all details, descriptions, images and prices on the Site are accurate, errors (including processing, human and system errors) may occur. If we become aware of an error we will make reasonable attempts to contact you as soon as practicable and provide you an option of reconfirming your order at the correct price or cancelling your order. If we are unable to make contact with you, we will treat the order as cancelled and provide you with a full refund.

  14. The Site may contain errors, inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice. We reserve the right to not fulfil any orders that you placed based on information on the Site that contain errors or inaccuracies, including without limitations pricing, product descriptions, images, policies, payment term errors.

  15. The products, prices, and promotions offered on the Site may not be the same as those in a Myer store or the third party Seller’s store or website, and as such they are not required to match a Myer Market price. Myer or the third party Sellers Competitive Pricing Policy does not apply to orders

  16. From time to time, we may offer promotional discount or coupon codes which may apply in respect of any, or certain specified, orders or products on the Site. All codes must be applied, if relevant, prior to submitting your order. Other conditions of use will be specified on the Site or at the time of issue.

  17. Certain offers, including cashback and bonus redemptions are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to cashback and bonus offer redemptions. Cashback and bonus offers redemption may require you to send a form to the supplier, and may exclude postage and handling costs and any other costs incurred as a result of redeeming the offer.

  18. You acknowledge and agree that:
    a. any accessory featured with the products is for illustrative purposes only, and may be sold separately; and

    b. where we provide dimensions and measurements in the description of a product, the dimensions may vary slightly in real life and are approximates. It is your responsibility to ensure that the actual size of each product is suitable for your purpose prior to submitting your order (including whether there is appropriate and safe access to your Delivery Address for delivery of the product)

  19. All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable

  20. The Myer Market reserves the right to change or alter Prices without notice to you. If you have already submitted an order at a particular Price, we will supply your ordered products at that Price (unless your order is affected by a pricing error)

  21. Payment methods are specified on the Site and are subject to change. The name on any credit card or PayPal account used for payment must match the name on the order.

  22. In paying or attempting to pay for Products, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

  23. The Myer Market reserves the right to accept or reject your order for any reason at any time. If the Myer Market rejects your order, you will receive a refund of any money paid. If you wish to cancel your order, the terms under the Returns Policy forms part of these Terms. apply.

  24. If you order products that are or contain Restricted Products, you:

    a. warrant that you are aged 18 years (or the age required by law to purchase these products for an example 16 years to purchase knives in the ACT and NSW) and that you are not obtaining the Restricted Products on behalf of a person under the age of 18 years;
    b. acknowledge that it is against the Law to sell or supply the Restricted Products to, or obtain the Restricted Products on behalf of, a person under the age of 18 years (or the age required by law to purchase these products, as relevant); and

    c. when you order Products that contain an age restriction, you are confirming that you are of legal age and that the information you have provided us is true and accurate.


Delivery

  1. The delivery time periods and delivery fees for each product are listed on the product page below the product image under “Shipping Policy” for Myer and each third party Seller. Dispatch times may vary according to availability and any representations made regarding delivery times are subject to any delays resulting from postal delays or force majeure for which the Myer Market will not be responsible.

  2. Where you purchase products both from Myer and a third party Seller, a separate delivery fee will be applied per Seller.

  3. Your order may be fulfilled from multiple locations at different times depending on stock availability. In the instance that your order is split, you will not be charged any additional delivery fees

  4. Free standard delivery is available on orders of products over $100 where Myer is the Seller. Free standard delivery excludes Big & Bulky, gift card and experience vouchers. Where an order contains products both from Myer and a third party Seller, and the total Price of products purchased from Myer as the Seller does not exceed $100, free standard delivery will not apply and a delivery fee for Myer and the third party Seller will applies.

  5. A signature on delivery or pick-up (for Click & Collect) may be required. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery. If re-delivery is required, you will be required to pay additional delivery fees (including where your order was subject to free standard delivery). Delivery fees paid will not be returned in such cases, unless required by Law

  6. If no-one is at the delivery address or there is limited access to the delivery address, the Delivery Agent will leave a collection card with instructions on where to collect your products

  7. Products will be delivered to the address specified on the order. In instances where the delivery address is an office address, shared house or apartment, the Delivery Agent will make reasonable attempts to contact you however you agree that we may deliver to an individual at the delivery address and will be able to rely on that individuals instructions as if they were your own

  8. For Big & Bulky deliveries, you must provide any relevant access details (including stairs access only, parking restrictions etc) to the Delivery Agent prior to delivery. You or a person over the age of 18 must be available to accept delivery at the delivery address on the agreed date between you and the Delivery Agent. If no-one is available at the delivery address and redelivery is required, a calling card will be left for you to arrange re-delivery. Additional delivery fees may apply

  9. Where the delivery address is an office address, shared house or apartment, you must be available to accept delivery. You agree that the Delivery Agent may deliver to an individual (age restrictions may apply) at the delivery address and will be able to rely on that individuals instructions as if they are your own

  10. Prior to placing your order, please read the product page to determine if assembly is required. Unpacking, assembly and installation fees do not form part of your delivery fee

  11. During certain periods such as sale periods or Christmas, deliveries and Click & Collect may take longer to fulfil due to high order volumes


MYER one

  1. MYER one Shopping Credits can be earned on most purchases made on the Myer Market. MYER one card number must be entered prior to submitting your Order. For eligibility and details, please visit myerone.com.au

  2. MYER one Gold Members and MYER one Platinum Members will receive free standard delivery, excluding Big & Bulky, gift card, experience vouchers or where specified on the product page


Complaints

  1. If you have a complaint about the Myer Market, please contact our Customer Service team by email info@myermarket.com.au or phone 1800 958 395


General

  1. The Myer Market accepts advertisements and information from Sellers in good faith. Except where Myer is the Seller, advertisements on the Site for products are prepared by third party Sellers who are not related to us. The Myer Market takes no responsibility for the accuracy of price information or specifications of any products advertised and/or sold. The Myer Market gives no warranties in relation to the authenticity of advertisers or users of the Site.

  2. To the extent permitted by Australian Law, Myer Market gives no warranty as to the products purchased from third party Sellers on the Site. Certain information on the Site may be uploaded by third party Sellers from external sources. The Myer Market does not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. Content appearing on the Site does not imply our endorsement or liability in respect of such content

  3. The Myer Market may provide an additional warranty in addition to your Australian Consumer Law rights and remedies. Any warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase
  4. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, your order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud
  5. Unless expressly stated, hyperlinks to other websites contained within the Site are not maintained or controlled by us. These third party hyperlinks are provided as a reference solely for your convenience. As a result the Myer Market makes no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third party website from the Site, you do so at your own risk. The Myer Market takes no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks
  6. The Myer Market will use reasonable endeavors to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. The Myer Market does not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free
  7. By reason of occasional technological difficulties, and to the extent permitted by Australian Law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release Myer Market, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard
  8. The Myer Market’s failure to act or delay in acting in relation to a breach of any of these Terms is not a waiver of any of these Terms or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability
  9. The Myer Market may, at its discretion, terminate the agreement for the supply of products to you:
    a. for convenience, at any time, on giving reasonable notice to you; or
    b. if Myer Market reasonably believes you have breached these Terms or committed fraud; and

    c. that the breach is not capable of remedy or it is not remedied within the provided time period

  10. These Terms are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia


Definitions

The following definitions apply to these Terms.


Big & Bulky Goods are goods for which extra handling and additional resources are required for delivery. Different Delivery Fees and requirements may apply. To check whether products you are ordering are Big & Bulky, view the “Delivery” tab on the product information page. If you are still unsure or would like further information, please contact the Myer Market Customer Service team on or


Click & Collect allows you to purchase products for collection at the retailer’s store or nominated collection point.


Delivery Address means the address to which your products are to be delivered, as stated on the order you placed through the Site for those products.


Delivery Agent means a third party delivery or shipping company engaged by Myer or a third party Seller to deliver the products you have ordered from the Site.


Delivery Fee means a fee for the delivery of the products, shown on the product page and calculated at checkout.


GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).


Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.


Personal Information has the meaning given in the Privacy Act 1988 (Cth).


Price means the purchase price of each product as specified on the Site.


Privacy Policy means the Myer Privacy Policy. View the Myer Privacy Policy here.


Restricted Goods means products subject to restrictions on sale in particular jurisdictions, including products which may not be sold to minors (such as knives, alcohol and tobacco).


Returns Policy means the Myer Returns Policy. View the Myer Returns Policy here.


We, Us, Our and Myer means Myer Pty Ltd (ABN 83 004 143 239).


You and Your means you as the purchaser of products through the Site pursuant to these Terms.