The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. If you do not agree to any terms and conditions of this agreement, you should not use this Website. Upon your submittal of any purchase order to www.burly.online you will be asked to confirm your acceptance of all the terms and conditions set out below via a check box . These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Melbourne Apothecary Group PTY LTD T/A BURLY
By registering an account on www.burly.online you grant us the right to add your contact details to our database. You can easily be removed by contacting us.
Melbourne Apothecary Group PTY LTD T/A BURLY is taking full responsibility for all the transactions from the website, and handling the dispute management, refunds, cancellations, returns & customer support.
Melbourne Apothecary Group PTY LTD T/A BURLY reserves the right to make changes to this site and these terms and conditions at any time. We will endeavour to alert you to any significant changes to this Agreement next time you log into your account or the next time you use the website and or mobile application, but we are under no obligation to do so. You should regularly check our agreements, terms and conditions, Policies and prices for changes and the most up to date versions.
REGISTRATION AND PERSONAL INFORMATION
When browsing our web pages we will use “cookies” and session data to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
When making a purchase via our website, we will require personal information such as your name, address, contact numbers and e-mail address and in providing such information you will be presented with 2 options.
- a) To use the Guest account – Doesn’t retain customer details and your details will only be used for this transactional purchase and related correspondence. You will not be able to update your delivery address or obtain details about the fulfilment of your order.
- b) Set up an Account and become a member – Allows customer’s easy access when visiting the site in future by saving Personal information for ease of use during future visits to that website. Your details will be held securely on dedicated servers. You can also update your details at any time and easily review the status of your order. Your details will also be used to contact you about offers and new products, if you wish to be removed from such correspondence you can unsubscribing via a link and we will remove you from marketing communications.
We will also require you to use the tick box in consent and warrant that:
- i) you are at least 18 years of age or have parent/guardian approval to use or purchase from this site?
- ii) you possess the legal right and ability to enter into a legally binding agreement with us.
iii) you will use this Website in accordance and agreement of the terms and condition and policies set out on this website.
Basic personal information is sent to our payment gateways upon using www.burly.online for the purchasing of goods.
By submitting any content to BURLY, you represent and warrant that:
- a) You are the sole author and owner of the intellectual property rights thereto;
- b) All “moral rights” that you may have in such content have been voluntarily waived by you;
- c) All content that you post is accurate;
- d) You are at least 18 years old;
You further agree and warrant that you shall not submit any content:
- a) That is known by you to be false, inaccurate or misleading;
- b) That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- c) That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- d) That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- e) For which you were compensated or granted any consideration by any third party;
- f) That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- g) That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Melbourne Apothecary Group PTY LTD T/A BURLY (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Melbourne Apothecary Group PTY LTD T/A BURLY a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your rating and review, you agree that Melbourne Apothecary Group PTY LTD T/A BURLY and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
ORDER ACCEPTANCE / DECLINE / PROCESSING POLICY
- a) Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
- b) We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
- c) We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
- d) Products in your cart are not reserved even when the checkout process is complete and your payment is received in full.
- e) Orders may be cancelled for reasons including but not limited to, product being out of stock, error during the order process, pricing, product description, product image or errors on the webpage.
- f) We may also require additional verifications or information before accepting any order.
- g) Payments of cancelled orders will be refunded back at the same amount and by the same method that payment was received, please refer to our refund policy for further details. We will not be liable to you for any other loss, including but not limited to, additional costs associated with you purchasing the product elsewhere at a higher price, delivery or other charges you may incur.
- h) Melbourne Apothecary Group PTY LTD T/A BURLY is selling to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Melbourne Apothecary Group PTY LTD T/A BURLY.
- i) All orders placed must obtain pre-approval with an acceptable method of payment confirmed or clear from fraud by our credit department.
- j) Once your details and payment has been confirm the products will be dispatched within 48 hours working days or for Customized orders between 7 and 10 days.
- k) We would advise that you review all purchase(s) carefully before completing the checkout process as once an order is confirmed, you will be unable to cancel or change it. Amendments after the order has been shipped will need to go through the normal returns process, please refer to our returns policy for further details. Please note that change of mind, don’t like or no longer want the product returns are not permitted under these terms and conditions. As a general rule, we will not change or replace your order where you have made an error. Should this be agreed, it will be at our absolute discretion.
- l) Melbourne Apothecary Group PTY LTD T/A BURLY will decline any orders for delivery outside of Australia. We will only ship to customers within Australia as other countries have their own designated Websites, pricing and terms and conditions as governed by the laws applicable to that country.
- a) The delivery times provided by www.burly.online are estimates only and factors (some of which are beyond our control) can affect timeframes.
- b) Melbourne Apothecary Group PTY LTD T/A BURLY will not be held accountable for late deliveries or loss or damage relating to late deliveries.
- c) In the event that multiple items are ordered, part deliveries may be made where stock is not available.
- d) Please ensure you enter the correct delivery address. Melbourne Apothecary Group PTY LTD T/A BURLY cannot be held responsible for incorrectly entered delivery addresses.
- f) All reasonable attempts to notify you of any changes will be made using the details you provide during the order process.
ACCEPTANCE OF GOODS
The buyer will be required to sign for delivery of the product and in doing so accepts that the items received are correct and in new condition. It is the buyers responsibility for inspecting the goods for fault at the point of delivery and notifying us within 7 days of receiving the goods should there be a fault with the product and will need to go through the normal returns process please refer to our returns for further details.
CHANGE OF ADDRESS
Melbourne Apothecary Group PTY LTD T/A BURLY cannot be held responsible for an incorrect address being entered on your order. Address Confirmation is given on the review & buy page in the checkout section of the site. If this is not noticed until after your order is finalised, please contact Customer Service immediately. We will attempt to update any incorrect order details, however due to the fast turnaround of our warehouse, some orders cannot be adjusted. In the case that your order is processed and cannot be updated you will need to go through the normal returns process, please refer to our returns policy for more information.
INTERNATIONAL CUSTOMS CHARGES
www.burly.online does ship internationally.. Therefore some orders may incur a customs or import duty charge. Melbourne Apothecary Group PTY LTD T/A BURLY do not have any control over these charges or are unable to advise what they will be, as it is based on your own countries regulations & compliances. For further information, please contact your local customs office.
- a) All charges are to be paid by the customer on delivery of order.
- b) Orders cannot be returned to sender
- c) Melbourne Apothecary Group PTY LTD T/A BURLY will never pay these customs charges on your behalf.
- d) If you refuse to pay these charges your parcel may be abandoned
- e) Melbourne Apothecary Group PTY LTD T/A BURLY will not be held responsible for any loss of funds as a result of this occurrence.
- f) A tax invoice will also be sent with your products for Customs to identify the products and charges.
- g) We cannot mark International orders as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as an established business we will not do this.
PRICING AND PAYMENT
Prices are subject to change without notice. The pricing of our products may change from time to time and we advise you to check for the most recent and up to prices that will be showing on our website at that time.
- a) All prices of products, delivery and other charges are in Australian Dollars and will include GST where Applicable.
- b) All payments will be made to the Australian dollars price and payments made from an overseas institution may vary due to that dates exchange rate. Melbourne Apothecary Group PTY LTD T/A BURLY will not be held responsible for any loss or charges as a result of this occurrence.
- c) All payments must be received in full prior to dispatch
- d) Payment options and details of accepted credit cards are advised on each product page, at the cart, at the point of making payment, check out and when verifying your order and accepting the terms and conditions of the purchase.
- e) There may be duties and taxes added to your package by the destination country should we be required to ship Internationally that you will be responsible for, upon delivery and are not included in your order total.
- f) If payment is declined or we do not receive your payment, the order will be declined. We cannot hold the products requested and may be ordered by another. We therefore cannot guarantee that the product will be available should you try to order it again.
PROMOTIONS, DISCOUNTS AND VOUCHER REDEMPTION
All non-perishable BURLY products are guaranteed against defects in materials and workmanship for a period of 120 days from the date of purchase. This means that Melbourne Apothecary Group PTY LTD T/A BURLY will repair or replace, at our discretion, any BURLY product that is defective. Where items display an expiry date Melbourne Apothecary Group PTY LTD T/A BURLY will only warrant unopened product up to the indicated expiry date. These are the only conditions covered by Melbourne Apothecary Group PTY LTD T/A BURLY’s warranty.
- a) No other warranty is expresses or implied.
- b) The warranty does not cover breakage due to wear and tear, improper use or intentional breakage.
- c) The warranty does not cover normal wear nor abuse. This includes dropping of product and or exposure to heat, sun, cold or other elements outside the specification provided on the product labels.
- d) Neither the seller nor the manufacturer shall be liable for any injury, death, loss or damage, direct or consequential arising out of the use or inability to use this product. Before use, the user must determine the relevant product for their needs before use and assume all risk and liability whatsoever in connection therewith.
- e) You must make a claim relating to defective products within 7 days from the date that the Customer receives the Product.
- f) Claims must be made in writing with details of the original purchase date, order number, name, address contact details etc. and accompanied by photo evidence of which the claim is being made to our Customer Care team on the contact details below and they will provide instructions and a resolution if possible to your claim within 48 hours working days.
- g) You will bear any costs associated with claiming the warranty including postage and transit insurance costs.
- h) Nothing in this deed is intended to limit any rights of the Customer under the Competition and Consumer Act 2010(Cth)
- i) If the Competition and Consumer Act 2010(Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Melbourne Apothecary Group PTY LTD T/A BURLY in connection with this deed and Melbourne Apothecary Group PTY LTD T/A BURLY liability for failing to comply with that guarantee cannot be excluded but may be limited, the content of the ‘Exclusion’ section will not apply to that liability and instead of our liability for such failures that are limited to, in the case of a supply of goods, replacing the goods, supplying equivalent goods, repairing the goods, or in the case of a supply of services, Melbourne Apothecary Group PTY LTD T/A BURLY supplying the services again or paying the cost of having the services supplied again.
- j) Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
Please refer to our Warranty Policy for full details.
CHANGES TO THE WEBSITE
We aim to provide our users with the best experience possible when visiting our website.
- a) In doing so we may, without notice, change functionalities, including but not limit to, layout, service provider, products, transport companies, pricing etc. at any time.
- b) We cannot guarantee that you will be able to access the same functionalities that you may have been able to access on previous visits to our website should these changes be made.
- c) In accepting these Terms and conditions, you are also consenting that should changes require the transfer of all data collected via the website including any personal information between service provider(s), that Melbourne Apothecary Group PTY LTD T/A BURLY is free to do so without notice.
- a) Melbourne Apothecary Group PTY LTD T/A BURLY is not liable for any losses or damages caused by this website or any website linked to or from this website.
- b) The Website may be unavailable from time to time and we cannot guarantee its use without faults, disruptions, or interruptions to the site.
- c) Nothing in this deed is intended to limit any rights of the Customer under the Competition and Consumer Act 2010(Cth)
- d) If the Competition and Consumer Act 2010(Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Melbourne Apothecary Group PTY LTD T/A BURLY in connection with this deed and Melbourne Apothecary Group PTY LTD T/A BURLY liability for failing to comply with that guarantee cannot be excluded but may be limited, the content of the ‘Exclusion’ section will not apply to that liability and instead of our liability for such failures that are limited to (at Melbourne Apothecary Group PTY LTD T/A BURLY election), in the case of a supply of goods, replacing the goods, supplying equivalent goods, repairing the goods, or in the case of a supply of services, Melbourne Apothecary Group PTY LTD T/A BURLY supplying the services again or paying the cost of having the services supplied again.
- e) Any claim by the Customer against Melbourne Apothecary Group PTY LTD T/A BURLY for loss or damage however caused (including by the negligence of Melbourne Apothecary Group PTY LTD T/A BURLY), suffered by the Customer in connection with:
- i) a shortfall in the number of Products delivered in an order must be made within 7 days of the date that order is delivered to the Customer and any such claim not made within 7 days is absolutely barred; and
- ii) a defective Product must be made within 7 days of the date that the Customer receives the Product and any such claim not made within 7 days of that date is absolutely barred.
- f) Melbourne Apothecary Group PTY LTD T/A BURLY is not liable for:
- i) any errors, mistakes or inaccuracies due to photographic or screen limitations associated with the images and representation of that item that may differ from the website to the actual product, including but not limited to color or size.
- ii) Personal injury or property damage as a result of your use of our website
iii) Any unauthorised access to your account or personal and financial information should someone other than yourself as the account holder gain access to our site or secure servers with your login and password details.
- iv) any virus’s or harmful code that may cause damage to any property that may be transmitted from any Third Party Websites that have been accessed as links from our Website.
- v) We have no control over third party Websites, and assume no responsibility or Liability for the content, policies, practices or transactions you and any third party may be involved in, including access to their website from links or banners attached on burly.online.
- g) In accepting these terms and condition, you agree to accept sole responsibility for the legality of your actions during your use and purchases made via www.burly.online under the laws which apply and that Melbourne Apothecary Group PTY LTD T/A BURLY have no responsibility for the legality of your actions.
COPYRIGHT AND TRADEMARK NOTICE
This site is owned and operated by Melbourne Apothecary Group TY LTD T/A BURLY.
- a) Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Melbourne Apothecary Group PTY LTD T/A BURLY.
- b) All software used on the site is the sole property of Melbourne Apothecary Group PTY LTD T/A BURLY. or those supplying the software.
- c) You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose.
- d) No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Melbourne Apothecary Group PTY LTD T/A BURLY’s prior written permission. All rights not expressly granted herein are reserved.
- e) Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
RETENTION OF TITLE
All Products provided by Melbourne Apothecary Group PTY LTD T/A BURLY to the Customer under this deed remain the property of U Melbourne Apothecary Group PTY LTD T/A BURLY ABN 48 604 427 214 until you have paid all money due to Melbourne Apothecary Group PTY LTD T/A BURLY in full. Should Payments not be received, declined, withdrawn or be investigated for fraud, the products remain the property of Melbourne Apothecary Group PTY LTD T/A BURLY and we may take whatever means are deemed necessary to recover such products.
- a) Security interest – You acknowledges that this deed creates a security interest under the PPSA in the Products and any other products to be supplied in the future and consents to Melbourne Apothecary Group PTY LTD T/A BURLY affecting a registration on the PPSA register in relation to any security interest contemplated by this deed. You agree to pay all costs, expenses and other charges incurred, expended or payable by Melbourne Apothecary Group PTY LTD T/A BURLY in relation to the filing of a financing statement or financing change statement in connection with this deed.
- b) You must not charge the Products in any way or grant or otherwise give any interest in the Products while they remain the property of Melbourne Apothecary Group PTY LTD T/A BURLY, nor allow any third party to acquire a security interest in the Products.
- c) If you fails to comply with any obligation under this deed, then without limiting the remedies available to Melbourne Apothecary Group PTY LTD T/A BURLY
- i) upon request by Melbourne Apothecary Group PTY LTD T/A BURLY, you must return all Products including all accessories and documentation in the original packaging for the products to which payment has not been received
- ii) you authorise Melbourne Apothecary Group PTY LTD T/A BURLY and any person authorised by Melbourne Apothecary Group PTY LTD T/A BURLY to enter premises where the Products may be located to take possession of the Products; and
iii) Melbourne Apothecary Group PTY LTD T/A BURLY may retain, sell or otherwise dispose of the Products
- d) You agree to the extent permitted under the PPSA, that you have no right:
- i) to receive notice of removal of an accession under the PPSA;
- ii) under Chapter 4 of the PPSA; or
iii) under the PPSA to receive a copy of any verification statement or financing change statement under the PPSA.
- e) The Customer must unconditionally ratify any actions taken by Melbourne Apothecary Group PTY LTD T/A BURLY
Ownership of the product only passes to the customer when Melbourne Apothecary Group PTY LTD T/A BURLY has received and have cleared funds for the purchase of their products. Risk of the Product, such as loss or damage passes to the customer from the point of delivery and for the duration the product is in the customer’s possession.
PRIVACY AND CONFIDENTIALITY
- a) The laws of Victoria, Australia govern this deed.
- b) Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts competent to hear appeals from those courts.
- c) If any part of this deed is deemed null and void, unlawful or we are unable to enforce then only that part of these terms and conditions will be excluded and all other terms will remain and be enforced.
- d) You novate any rights and obligations under this deed without the prior written and signed consent by Melbourne Apothecary Group PTY LTD T/A BURLY.
The Customer is liable for, and indemnifies Melbourne Apothecary Group PTY LTD T/A BURLY from and against, all loss or damage (including without limitation legal costs) incurred, suffered or caused in connection with:
- a) any use of the Products other than in accordance with the direction set out by Melbourne Apothecary Group PTY LTD T/A BURLY;
- b) any breach of this deed by the Customer;
- c) personal injury or death of any person
- d) damage to property
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Melbourne Apothecary Group PTY LTD T/A BURLY is not responsible and has no control over, and assumes no responsibility for the content, privacy policies, terms or practices of any third party sites or services. We strongly advise you review the policy for each site you are visiting.
Post: 8/19 Wickham Rd, Hampton East, VIC 3188
Written by: MELBOURNE APOTHECARY GROUP PTY LTD.
ABN 48 604 427 214