Terms and Conditions

In General

In these Terms of Service, “we”, “us”, “our” or “Megan Salmon” means Megan Salmon.com.au.

Access to and use of this Website and the goods 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 are agreeing to all of the Terms of Service, as may be updated by us from time to time. 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 all of this Website.

This Website also contains links to other websites, which are not operated by Megan Salmon (the “Linked Sites”). Megan Salmon has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your personal information, can be found at Privacy Policy. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.

Prohibitions

You must not misuse this Website. You will 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 this Website. Megan Salmon will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

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 this Website or to your downloading of any material posted on it, or on any website linked to it.

The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.

Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Megan Salmon or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Megan Salmon 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, distribute or otherwise reproduce, 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.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Megan Salmon or its licensors.

Registration

Where you register for any area of this Website, the following terms and conditions apply.

You must provide us with true and accurate registration information. You must keep any username and password allocated to you confidential, and we are entitled to assume that anyone using that username and password is you.

Megan Salmon reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.

Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Megan Salmon account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Megan Salmon account(s).

Gift Vouchers and Promo Codes

A. Megan Salmon Gift Vouchers

  • If you are purchasing a gift voucher as a present, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the Gift Vouchers and Promo Codes
  • email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery.
  • We’re afraid we can’t accept any responsibility for stolen, lost or deleted gift vouchers. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the gift voucher safe.
  • Once you’ve made your purchase, we’ll dispatch your gift vouchers as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused. From time to time, gift vouchers may get caught in pesky spam filters, so ask the recipient to check these filters.
  • We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
  • We advise you to lock your gift voucher to your Megan Salmon account as soon as you can once you receive it to keep it safe. You can do this by logging into your Megan Salmon account and visiting the “My Account” section and entering the code into the gift voucher section. The voucher will be waiting for you in checkout when you make your next purchase.
  • Once a gift voucher has been locked to an individual’s Megan Salmon account, the gift voucher becomes their property and can be used as full or part payment for product/s on the Megan Salmon Website.
    After a gift voucher has been locked to an individual’s account, we reserve the right to refuse to discuss the gift voucher further with the individual who initially purchased it.
  • Gift vouchers can only be redeemed when you purchase your order in Australian Dollars (AUD).
  • Gift vouchers are valid for 24 months from the date of purchase and can be used across multiple orders. After 24 months, any remaining balance will be cancelled.
  • You may use more than one gift voucher on a single order.
  • Gift vouchers can be used in conjunction with other promotional and discount codes.
  • Gift vouchers cannot be used to purchase other gift vouchers and cannot be used on Megan Salmon Marketplace.
  • If the value of your purchase is less than the value of the gift voucher, your spend will be deducted and the remaining balance can be redeemed when you next make a purchase. If your order exceeds the value of the gift voucher, you can pay the remaining balance using another payment method.
  • When you return or cancel an Megan Salmon order and a gift voucher was used as full payment, your refund will be issued to you in gift vouchers (i.e. we will not refund money to you in these circumstances). There will be no monetary exchange for returned or cancelled orders made with gift vouchers.
  • When you part return or cancel an Megan Salmon order and a gift voucher was used as part payment, the equivalent refund by way of money spent and gift vouchers will be issued to you in that order.
  • We reserve the right to amend these terms and conditions at any time.

B. Promo Codes

  • From time to time, we may offer promo codes which may apply to any, or certain specified purchases made through the Megan Salmon Website.
  • Each Promo Code will be subject to specific terms & conditions specified at the time the promo code is issued (including the length of time to use the code) in addition to those mentioned in these Terms of Use.
  • There are two ways of receiving a promo code:
    • We may send one to you via email for reasons such as, without limitation, your birthday, your Megan Salmon anniversary and student validation.
    • From time to time, we may offer promo codes on the Megan Salmon Website that you can apply at checkout in order to receive a specific discount from us.
      Only one promo code can be used against an order at any one time.
  • A promo code can’t be applied to an order after that order has been placed.
  • pre-discount applies per order.
  • Certain brand or product category exclusions may apply so we’ll let you know if you can’t use your promo code on anything before you complete your purchase.
  • If the promo code has expired, you won’t be able use it.
  • We’re afraid we can’t accept any responsibility once we have given you a promo code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the promo code being cancelled.
  • If a promo code is offered on the Megan Salmon Website and can’t run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the promo code, we reserve the right to cancel, modify or suspend the promo code.
  • Promo codes are non-transferable and cannot be exchanged for cash. If you receive a promo code, it can only be used by you on your own Megan Salmon account for the purpose for which it was issued. You must keep it confidential and only use it for making your own orders on Megan Salmon. Don’t pass your code directly on to others or make it available to others (for example, posting it on social media or on a forum). If we believe that at the point of purchase or retrospectively you are abusing the use of promo codes in any way (for example, selling them to others), we reserve the right to cancel your promo code or suspend/close your Megan Salmon account without letting you know beforehand.
  • We reserve the right to amend these terms and conditions at any time.

Terms of Sale

By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with Megan Salmon you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Megan Salmon retains the right to refuse any order made by you.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.

a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.

b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price 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 you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.

Where you order goods to the value of $1,000 or more, including where you place multiple orders that are dispatched simultaneously and arrive in Australia at or around the same time, you are liable for GST.

c) Payment

We use Stripe for secure credit card payment processing along with PayPal. Please contact shop@megansalmon.com.au if you have any questions about invoicing and payment for goods.
Upon receiving your order, the website carries out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.

d) Returns and Collections

i. Returning goods if they are faulty

Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

If you think that there is a fault with the goods you have received, please let us know straight away by writing to us shop@megansalmon.com.au. Please include as many details as possible about the order and the problem with the goods.

ii. Returning goods if you change your mind or need a different size

In addition to your rights in relation to faulty goods, you can return any goods within 28 days of receipt for a refund of those goods or to exchange it for a different size or colour. If you want a refund, we will refund the monetary value of the goods returned to us, at the price you purchased them.

Please note that in the interests of hygiene, goods marked with a next to the product name cannot be returned, unless they have remained in their original wrapping or are faulty.
If you change your mind about the goods (including the size or colour), the goods returned must be in their original condition, which includes any packaging.

iii. Returns generally

This section applies to the return of all goods, regardless of whether they are faulty or you choose your mind or need a different size.
You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the goods or boxes. We are not responsible for any goods that are returned to us in error.
Please use the label on your delivery and returns note, enclosed with your goods.

Disclaimer of Liability

a) All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law.

b) Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

c) In particular our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure

d) If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Megan Salmon is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Megan Salmon for breach of the Non-Excludable Provision is limited to one or more of the following at Megan Salmon’ option:

e)

i. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
ii. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

f)

Subject to Megan Salmon’ obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Megan Salmon is not liable for, and no measure of damages will, under any circumstances, include:

i. special, indirect, consequential, incidental or punitive damages; or

ii. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

Linking to this Website

You may link to our homepage, 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 from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and 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 this Website are in no way associated, linked or affiliated with Megan Salmon and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trade mark 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 Megan Salmon.

Indemnity

You agree to indemnify, defend and hold harmless Megan Salmon, 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 this Website or your breach of these Terms of Service.

Variation

Megan Salmon shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Megan Salmon.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Australian courts.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Megan Salmon.

Ethical Sourcing Policy

As a reputable and trusted business committed to offering its customers high quality goods, Megan Salmon recognises its obligation to ensure that suppliers are operating ethically.
We expect our suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and regulations with particular regard to:

  • Minimum age of employment
  • Freely chosen employment
  • Health and safety
  • Freedom of association and the right to collective bargaining
  • No discrimination
  • No harsh or inhumane treatment
  • Working hours
  • Rates of pay
  • Terms of employment

Megan Salmon will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.
Because of the sometimes complex nature of our suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our goods. However, as Megan Salmon continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.