TERMS AND CONDITIONS

Welcome to purplemango.com.au. This Website is owned and operated by Purple Mango, ABN 83 342 853 239, trading as www.purplemango.com.au and in this document also called "Purple Mango", "we", "us" or “our”. These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product and by creating an account with us, you agree to these Terms and Conditions. They set out the terms of the contract between you and Purple Mango. All transactions conducted with us will be subject to these terms and conditions only.

These Terms and Conditions shall prevail over any separate terms put forward by you. These Terms and Conditions cannot be amended or varied without the written consent of Purple Mango. The Terms and Conditions, and all policies referred to in, or orders made pursuant to these Terms and Conditions contain the entire understanding between you and Purple Mango. We may make changes to these Terms and Conditions at any time without notice to you. The current terms are as set out in the “Terms and Conditions” section on the Website. The relevant applicable Terms and Conditions are those that are in force at the time of delivery of your order.

Account Eligibility

You must be eighteen years of age, possess a valid credit or debit card issued by a bank acceptable to us and you must be able to form legally binding contracts under applicable law to place orders with Purple Mango. By accepting these Terms and Conditions you warrant that you are 18 years old or over and that you can form legally binding contracts under applicable law. If you do not qualify, you must not use our services.

Force Majeure

Purple Mango is not liable for delays in performing any obligations under these terms and conditions caused by circumstances beyond our reasonable control including, but not limited to, catastrophes, fire, internal or external strike, wars, terrorists acts, internal or external breakdowns or failure, and, in general, any event not allowing orders to be processed properly. Purple Mango will work hard to perform its obligations within a reasonable extension of time.

Reservations:

The products on sale on our website are intended solely for purchase and personal use by our customers. You must not commercially resell any product acquired from us. The member must indemnify us for all or any loss or liability arising from any breach of this provision.

Purple Mango works hard to present the products on our website as accurately as possible. As much as we try to avoid it, on some occasions the information on our website may contain inaccuracies or may not be complete. We reserve the right to correct any errors and to change or update information at any time without prior notice.

Given the nature of the presentation of the products on the web and different types of displays and screens in use, colours, textures and fabrics shown on our website may slightly differ from the actual item. If the product does not meet your expectations you may return it to us in accordance with our return policy.

Electronic Communication

When you use our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing and have been received by you.

Where you have given us consent, we may send emails or promotional emails to you. You can anytime opt out to discontinue receiving emails.

Your order:

When making an Order, you must register for an Account on the Site, and you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site. Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including GST, if applicable, and any applicable delivery charges.

Unless otherwise stipulated on the Site, all charges are in the currency then in force in Australia. This is the total that you will pay for receipt of the ordered Product. Once you have placed and confirmed your order, we will confirm the receipt of your order. However, such email does not guarantee that the product is available. In case of stock shortage, we will contact you and either offer another similar product, or cancel the order and reimburse to you the full purchase price.

While we work hard to fulfill all your orders, accepting your order is not a legally binding obligation to fulfill the order. The order will be fulfilled by delivery of the product ordered (or any agreed substitute product). Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order. We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).

You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.

If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order. We may restrict sales quantities to each member to normal household quantities in order to enable all of our members to have a chance of purchasing the products they desire.

n an effort to prevent fraudulent use of credit cards and other payment options we will use reasonable efforts to validate the bona fides of each order, however we do not warrant that we can prevent the fraudulent use of such information by unauthorised third parties. The final invoice will be placed in your orders when they are shipped out.

If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact

contact@purplemango.com.au immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

Prices and Payment:

We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.

You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes. The prices for all products shown on our website are inclusive of GST. Any change in the GST rate shall be automatically applied to the prices of the products.

However, prices do not include shipping and handling costs. These costs will be shown at the end of the shopping process and depend on delivery address, delivery method, as well as weight and size of the product. Purple Mango can only accept payments by credit card or PayPal. The accepted credit cards are Visa, MasterCard and American Express. Payment must be made with the order.

Payment Security

Personal information (address, credit card number, account number, etc.) is encrypted in an attempt to stop your information being intercepted or read by unauthorised persons. However we do not warrant that our efforts will be successful. Purple Mango has no access to your bank data, and we do not store your bank or credit card information. You are therefore required to enter your payment details with every order you place with us.

We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a member whose credit card is fraudulently used or is used in an unauthorised manner. We are not liable for any damage caused on your computer equipment arising from computer viruses, worms, spyware programs, or likewise because of connecting to the Websites. Please ensure your anti-virus software, firewalls and other protection programs are kept up-to-date.

Supply and Delivery of your purchases

Please visit shipping for information on supply and delivery of your purchases.

Cancellation, Returns and Refund Policy:

We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the Product.

Cancellation by Customer (Non-Faulty Product): If you wish to cancel your order please contact our Customer Service Team on contact@purplemango.com.au. No cancellation fees apply. Once an order has been dispatched it may not be cancelled and the item must instead be returned to the company.

Purple Mango realise that sometimes an item will not meet your satisfaction for a variety of reasons, please return the items within 14 days for an exchange or refund, providing it is unworn and in a re-saleble condition. At Purple Mango you have the opportunity to return your chosen product if you have changed your mind, the product doesn’t fit, your choice does not meet your expectations or if the product is faulty.

In order to save money and avoid shipping cost, please also consider other alternatives prior to returning your goods, such as using them as a gift for an unsuspecting loved one. After receiving the product, you have 14 days to contact Purple Mango via the “contact” section of the Website to be eligible for a return of the product. After checking your return request, we will send you a confirmation email. The product must be returned to Purple Mango within 14 calendar days of the issue of the confirmation email by Purple Mango.

After receiving the product we assess the returned goods and may or may not offer a credit to your means of payment depending on their condition. For example, items may not be refunded if they have been worn, or if sewing tags have been removed. In order to credit you for your returned items, we expect the purchased items to be returned in brand new condition. This includes the return of the original packaging and labels and tags still being attached to the items.

We will credit your credit card to the value of the item/s, once it/they has/have been returned and accepted. When we have received the returned item and issued a credit, we will send you a further confirmation email. Return postage on unwanted items is at the customer's cost and liability. It is recommended that you insure items that are being returned for their full value and keep a proof of postage.

Because we do not hold stock, we may not be able to offer an exchange; for example a different colour or size. If you have received faulty or damaged products, please contact us and we will arrange the return from you, as well as a full refund of the products. Subject to our acceptance of the existence of any fault in relation to any item, we will credit your credit card, including shipping costs for delivery and, if applicable, return of the faulty item. At times there may be delays in crediting your credit card which are caused by the issuing bank. Please contact us if you have not received your credit within 21 days.

How To Make A Return:

Please state your name and address, original order reference (ID) and details of the item you are returning and enclose this in the package. Then please send returns to the following address:

Purple Mango 5/63-71 Gilderthorpe Avenue, Randwick , NSW 2031, Australia

Please obtain proof of postage as we cannot accept responsibility for parcels lost in transit. We also recommend that you send the goods via an insured service. We advise all customers to check garments thoroughly upon delivery before removing any attached tags and before disposing of any original packaging. If you would like to change your order for a different size after delivery please return the unwanted item in the usual way for refund. We can only exchange the same item in a different size, subject to availability. Please notify us of the size you wish to exchange it for or a different item.

Exchanged items can only be dispatched after the returned goods have been received and undergone a quality control check. You will be liable for the exchange postage.

Please email us at contact@purplemango.com.au, if you have any particular questions about sizing, product description, fit or color.

Faulty Products:

We warrant that: the Product will be delivered undamaged in the quantities ordered; and the Product will conform with the manufacturer's latest published instructions as set out on the Site or in our Product material at the time of your Order. The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.

Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable. We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.

In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including: you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and you providing us with the delivery note number and such other information as we reasonably require.

If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:

been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or

been involved in any accident or damage caused by an incorrect attempt at modification or repair; or

been dealt with or used contrary to our or the manufacturer's instructions for the Product; or

deteriorated through normal wear and tear,

after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

The entire content of the Website, including, but not limited to, text, design, graphics, interfaces or code and the selection and arrangements there of is copyright 2012 of PurpleMango and may not be copied, used, published or disseminated in any way by any person, without the prior written permission of Purple Mango.

All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Purple Mango or other respective owners that have granted Purple Mango the right and license to use such Marks.

The name of Purple Mango, www.purplemango.com.au or any of the above trademarks or logos (for example the green and the magenta or green and purple leaves may not be used by others in any way without specific, written prior permission. The information contained in the Websites is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

Exclusion of liability for third party links

Purple Mango might mention on our website to third party websites on the Internet. Purple Mango expressly declares that it has no influence on the design and content of the linked pages. We dissociate ourselves from, and will not be liable for the contents of any linked pages of third parties to the Websites.

Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Vouchers

Conditions for the redemption of promotional vouchers:

From time to time we may release promotional vouchers that may be used on the Site, which we will send to you by email. Promotional vouchers can only be redeemed on the Site. Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional vouchers.

The credit of a promotional voucher cannot be used to pay for products from third parties other than us.If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you. The credit of a promotional voucher does not accrue interest nor does it have a cash value. If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment.You may use promotional vouchers and gift vouchers as payment for Products on the Site.

Purple Mango vouchers are not transferable, have no monetary value and under no circumstances can it be converted into currency.

Purple Mango reserves the right to specify a minimum spend for which Purple Mango Vouchers are permitted to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spent. Only 1 Purple Mango Vouchers can be used per member per sales event. Purple Mango reserves the right to cancel vouchers if they were improperly obtained, including but not limited to violation of the Purple Mango terms and conditions.

We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.

In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.

We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.

You may purchase gift vouchers for use on the Site by you or other Customers. These gift vouchers will be sent by email.

Gift vouchers cannot be used to buy further gift vouchers. Gift vouchers may only be purchased through debit or credit card or Paypal.

The credit of a gift voucher does not accrue interest nor does it have a cash value.

An order for a gift voucher can be cancelled by contacting us on contact@purplemango.com.au at any time before the gift voucher has been redeemed. A voucher is considered to have been redeemed if it is used as payment in placing an Order.

If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through payment.

Please note that only one gift voucher can be used per order.

Severability

If any part of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other parts of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.