Terms of Use

Welcome to eMEGA.com.au!eMEGA.com.au is an Australian-owned and operated online shopping platform that allows customers to purchase goods from a wide range of sources. You can buy goods directly from us, and independent third-party retailers and suppliers may also list and sell goods through our marketplace.These Terms of Use explain the terms and conditions that apply when you access or use eMEGA.com.au or purchase goods through our Website.We hope you enjoy shopping with eMEGA.

Contents

  1. User Agreement
  2. Specific Terms Applicable to Marketplace Sales
  3. Registration and User Requirements
  4. Access and Use of the Website
  5. Information on this Website
  6. Disclaimer and Liability
  7. Indemnity
  8. Placing Orders
  9. Price, Payment and Use of Discount/Coupon Codes
  10. International Sellers and Direct Import Goods
  11. Store Credits
  12. Shipping and Delivery
  13. Packaging and Labelling
  14. Software and Technology Purchases – Limitation of Liability
  15. Digital Access Codes
  16. Change of Mind Returns
  17. Problems With Your Goods – Contacting Us
  18. Defective Goods
  19. Dispute Resolution – Third-Party Seller Goods
  20. Social Media and Content
  21. Intellectual Property
  22. Transfer and Assignment
  23. General
  24. Privacy and Personal Information

1. User Agreement

  1. By using the eMEGA.com.au website, app, mobile site and associated social media pages (collectively, the “Website”), you agree to these Terms of Use (“Agreement”) and our Privacy Policy.
  2. This Agreement is between you and EMEGA ONLINE PTY LTD (ABN 17 625 884 013), operating eMEGA.com.au and referred to in this Agreement as “eMEGA”, “we”, “us” or “our”.
  3. We may update or change these terms from time to time. Changes will be published on the Website. Your continued use of the Website after changes are published constitutes your acceptance of the updated terms, to the extent permitted by law.

2. Specific Terms Applicable to Marketplace Sales

  1. In addition to selling its own goods and services, eMEGA.com.au operates a marketplace that allows independent third-party sellers who meet our standards to list and sell goods through our Website (“Sellers”).
  2. Where goods are sold by a third-party Seller, the relevant product listing may display the Seller’s details together with any terms that specifically apply to that Seller’s goods, including applicable delivery timeframes.
  3. When you purchase goods from a third-party Seller, you transact directly with that Seller. eMEGA.com.au provides the marketplace platform but is not the Seller of those goods.
  4. The Seller is responsible for the goods or services it supplies, including the accuracy of information it provides, fulfilment, shipping and applicable statutory obligations.
  5. These Terms of Use apply generally to use of the eMEGA marketplace. Additional terms provided by a Seller may also apply to goods sold by that Seller.
  6. Sellers are responsible for complying with their obligations as suppliers under the Australian Consumer Law and other applicable laws.
  7. To the extent permitted by law, eMEGA makes no independent warranty or representation regarding goods or services supplied by third-party Sellers.
  8. Nothing in this Agreement limits, excludes, restricts or modifies any rights or remedies that cannot lawfully be limited, excluded, restricted or modified, including rights under the Australian Consumer Law.

3. Registration and User Requirements

  1. You may be required to become a registered member to access certain features of the Website.
  2. When registering, you may be required to provide personal information including your name, address and a valid email address. You must ensure that information provided to us is accurate and current.
  3. Where permitted by law, we may send you communications relating to your account, orders, shopping activity, products, promotions or services. Where required, you will be provided with the ability to unsubscribe from marketing communications.
  4. Some communications are necessary for us to provide requested services, such as order confirmations, delivery notifications, account security information and other transactional communications.
  5. To register an account and use features requiring an account, you must be at least 18 years old, have a current Australian residential address where required, and have the legal capacity to enter into a binding agreement.

4. Access and Use of the Website

  1. You must use the Website only through interfaces provided or authorised by us and in accordance with this Agreement and applicable laws.
  2. You must not, or attempt to:
    1. interfere with or disrupt the Website or the servers or networks hosting the Website;
    2. use unauthorised data mining, robots, screen scraping or similar data-gathering or extraction tools;
    3. interfere with security-related or other features of the Website; or
    4. use, copy or distribute Website content without our permission or another lawful basis.
  3. We may refer suspected fraudulent, abusive or illegal activity to relevant authorities where appropriate.
  4. You are responsible for activity occurring through your account, including orders placed through your account, and must take reasonable steps to keep your account credentials secure.
  5. We are not responsible for unauthorised activity resulting from your failure to protect your login information, except to the extent that applicable law provides otherwise.
  6. You must not use another person’s account without appropriate permission.
  7. If you believe your account has been accessed without authorisation or your password is no longer secure, you should notify us promptly and take reasonable steps to secure the account, including changing your password.
  8. We do not guarantee that the Website will be available continuously or without interruption.
  9. We do not provide warranties regarding the content or operation of third-party websites linked to or from our Website.

5. Information on this Website

  1. Information about goods displayed on the Website may be based on material provided by Sellers, suppliers and product manufacturers.
  2. Except where required by law, we are not responsible for inaccuracies or errors resulting from incorrect information supplied to us by third parties.
  3. You should review available product information and assess whether goods or services are suitable for your requirements before placing an order.
  4. Due to photographic, lighting, display and screen differences, the appearance of some goods, including colours, may vary slightly from their appearance on the Website.
  5. Where appropriate, some images may be used for illustrative or promotional purposes and may not represent every detail of the product or service supplied.
  6. Nothing in this section excludes rights or remedies available to you under applicable law.

6. Disclaimer and Liability

  1. To the maximum extent permitted by law, we exclude liability for loss or damage arising from or relating to your use of the Website, including loss or damage resulting from:
    1. errors, mistakes or inaccuracies on the Website or our social media pages;
    2. reliance on information contained on or referred to by the Website or linked websites;
    3. unauthorised access to or use of secure servers or information stored on those servers;
    4. interruptions or cessation of transmission to or from the Website;
    5. bugs, viruses, malware or other harmful code transmitted by third parties; or
    6. products or services provided through third-party websites.
  2. We do not warrant, endorse or guarantee third-party products or services merely because they are advertised, linked or otherwise referred to on the Website.
  3. Where a law, including the Australian Consumer Law, provides a consumer guarantee, right or remedy that cannot lawfully be excluded, this Agreement does not exclude that guarantee, right or remedy.
  4. Except where prohibited by law, neither we nor our related entities will be liable for indirect, incidental, special or consequential loss arising from your use of the Website or this Agreement.
  5. You are responsible for ensuring that your use of the Website complies with laws applicable to you.

7. Indemnity

  1. To the extent permitted by law, you agree to indemnify us and our directors, officers, employees and agents against reasonable loss, liability, costs and expenses arising from a third-party claim resulting from:
    1. your unlawful use of the Website;
    2. your breach of this Agreement; or
    3. content or material you submit through the Website that infringes another person’s rights.
  2. This indemnity does not apply to the extent that loss or liability results from our own unlawful act, negligence or breach of applicable law.

8. Placing Orders

  1. You are responsible for reviewing your order before submitting it, including product selection, quantity, delivery details and other information provided by you.
  2. Displaying or promoting goods or services on the Website does not necessarily constitute an offer to sell. It is an invitation for you to submit an order.
  3. An order placed by you constitutes an offer to purchase the relevant goods or services on the terms stated on the Website, including applicable product prices, shipping charges and other disclosed charges.
  4. Goods sold directly by eMEGA are not reserved merely because they have been placed in your shopping cart.
  5. An order is confirmed once checkout has been completed, payment has been accepted and an order confirmation has been issued, subject to any rights we may have to cancel or reject an order under this Agreement or applicable law.
  6. Where goods are supplied by a third-party Seller, your order may be sent to that Seller for acceptance. If the Seller cannot accept or fulfil the order, any payment received for the unavailable goods and applicable shipping charges will be refunded.
  7. We may use fraud-prevention and verification systems when processing orders. This may result in an order being delayed, reviewed, rejected or cancelled where fraud or unauthorised payment activity is reasonably suspected.
  8. We may reject or cancel an order where:
    1. payment is declined or suspected to be fraudulent;
    2. the goods cannot be supplied or shipped;
    3. an obvious pricing, availability or product-description error has occurred; or
    4. we are otherwise permitted to do so by law.
  9. Where we cancel an order after receiving payment and no goods are supplied, the applicable payment will be refunded.
  10. You should review your order carefully before placing it. Once an order has entered processing or dispatch, we may be unable to cancel or modify it.
  11. Where an order can no longer be cancelled, any eligible return will be handled under the returns provisions of this Agreement and our applicable Refund Policy.
  12. If goods become unavailable for reasons beyond our reasonable control, we may cancel or delay the affected portion of your order and provide an appropriate refund or other remedy.

9. Price, Payment and Use of Discount/Coupon Codes

  1. Unless otherwise stated, prices displayed on the Website are in Australian dollars.
  2. Applicable delivery charges and other charges will be displayed before you complete your purchase.
  3. Payment must be received or authorised before goods are dispatched or a voucher or digital item is issued.
  4. If payment is declined or not received, we are not required to reserve or dispatch the relevant goods.
  5. Unless otherwise stated in the promotion’s terms, a discount or coupon code:
    1. may be used only once per eligible transaction;
    2. cannot be exchanged for cash; and
    3. may not be combined with another discount or promotion.

10. International Sellers and Direct Import Goods

  1. Some goods available through eMEGA.com.au may be supplied or dispatched from outside Australia.
  2. Goods supplied from overseas may be subject to Australian GST, customs duties, import charges or other taxes depending on the nature and value of the goods, the supplier, the transaction and applicable Australian law.
  3. Where required by law, GST may be collected as part of the purchase transaction. In other circumstances, duties, taxes or other import charges may become payable when goods enter Australia.
  4. If you are treated as the importer of record for an international shipment, you may be responsible for complying with applicable import requirements and paying duties, taxes or charges imposed in connection with the importation.
  5. Multiple goods shipped together may, where applicable, be treated as a single consignment when customs authorities determine whether taxes, duties or other import requirements apply.
  6. Applicable Australian tax and customs laws may change from time to time.

11. Store Credits

  1. Any unused portion of an eligible Store Credit will remain credited to your account, subject to the terms applying to that Store Credit.
  2. To the extent permitted by law, eMEGA may modify terms applying to Store Credits by providing reasonable notice where required.
  3. Unless otherwise stated, Store Credits issued for purchases expire 12 months after the date of issue.
  4. Store Credits issued for promotional, goodwill or discretionary purposes may have a different expiry period where clearly disclosed when the credit is issued.
  5. Nothing in this section limits any rights that apply to a particular credit or voucher under applicable law.

12. Shipping and Delivery

  1. Subject to this Agreement, goods will be supplied in accordance with the information shown in your order confirmation.
  2. Our stated delivery timeframes for goods sold by eMEGA are:
    • Standard Delivery: 2–5 business days
    • Express Delivery: next business day for eligible orders and delivery areas
  3. We use reasonable endeavours to meet stated delivery timeframes. Delivery times may occasionally be affected by carrier delays, peak periods, severe weather, public holidays, remote delivery locations or other circumstances outside our reasonable control.
  4. Third-party Sellers may use their own shipping and distribution networks and may specify different delivery timeframes. Where different timeframes apply, you should check the relevant product listing and order information.
  5. Standard and Express Delivery may have different fees and conditions. Certain goods, including bulky, heavy or special-order items, may also attract additional delivery charges. Applicable shipping charges will be displayed before checkout is completed.
  6. Third-party Sellers may charge different shipping rates for goods supplied by them.
  7. Express Delivery is available only for eligible orders and delivery areas. Eligibility will be displayed or confirmed during checkout where available.
  8. Some deliveries may require a signature or other confirmation of delivery. You are responsible for providing an accurate delivery address and ensuring that delivery can reasonably be accepted.
  9. To the extent permitted by law, we are not responsible for a delay caused by:
    1. an unsuccessful delivery attempt made within the expected delivery timeframe because delivery could not reasonably be completed;
    2. incorrect or incomplete delivery information supplied by you; or
    3. circumstances outside our reasonable control.
  10. Where tracking or delivery records indicate that a parcel has been delivered to the nominated delivery address, you should contact us promptly if you believe the parcel has not been received so that the matter can be investigated.
  11. We may add, change or discontinue delivery options from time to time.

13. Packaging and Labelling

  1. We endeavour to use accurate images of goods available for purchase. However, the appearance or packaging of goods delivered may vary slightly from images displayed on the Website.
  2. Packaging designs may also be changed by manufacturers without notice.
  3. You should read applicable labels, ingredients, warnings and instructions supplied with food, health, beauty, household or other consumable products before use.
  4. Some goods may be imported or manufactured for overseas markets. Packaging, labelling, ingredients, composition or presentation may therefore differ from similar products manufactured specifically for the Australian market.
  5. Nothing in this section limits statutory requirements applicable to goods supplied in Australia.

14. Software and Technology Purchases – Limitation of Liability

  1. Storage media such as hard drives, laptops, external drives, SD cards and USB devices can fail and may result in loss of software or data.
  2. You should maintain appropriate backups of important software and data.
  3. If storage media purchased from us becomes faulty, our obligations in relation to the faulty product are subject to applicable law, including the Australian Consumer Law.
  4. Where storage media or another device containing data is returned for inspection, repair or replacement, you should back up and remove important or sensitive information wherever reasonably possible before returning it.
  5. Except where required by law, we do not guarantee that information stored on a returned device can be retained or recovered during diagnosis, repair or replacement.

15. Digital Access Codes

  1. Digital access codes, including game keys, software licences and other digital-content codes, may be subject to the terms and conditions of the relevant third-party publisher, platform or distribution provider.
  2. Software or content accessed using a digital code may also be subject to intellectual property rights, licence restrictions and Digital Rights Management (“DRM”) technologies imposed by third parties.
  3. You should review the relevant platform, publisher or distributor’s requirements before purchasing or activating a digital access code.
  4. You are responsible for checking that your device, operating system, region and other technical requirements are compatible with the software or content before purchasing.
  5. Redemption or use of digital content may require internet access, and your internet provider may charge for data usage.
  6. If you experience technical difficulty redeeming a valid digital code, you may need to contact the relevant publisher or distribution platform for technical assistance.
  7. Your rights under the Australian Consumer Law remain unaffected where those rights apply.

16. Change of Mind Returns

  1. This section applies to eligible goods sold directly by eMEGA. Third-party Sellers may have their own change-of-mind policies, which may be displayed on the relevant product listing.
  2. eMEGA offers a 30-day change-of-mind return period for eligible goods, calculated from the date the goods are delivered to you, subject to the conditions below.
  3. To be eligible for a change-of-mind return, the item must:
    1. be returned within 30 days of delivery;
    2. be unused and unworn;
    3. include original tags, accessories and packaging where applicable;
    4. remain in a resalable condition; and
    5. not have been damaged after delivery.
  4. We may be unable to accept a change-of-mind return for a sealed product where the seal has been damaged or broken.
  5. Before returning an item, you should follow our returns process and obtain any required return instructions.
  6. Unless otherwise stated or required by law, you are responsible for reasonable return postage costs associated with a change-of-mind return.
  7. For hygiene, health, safety or digital-content reasons, change-of-mind returns may not be available for certain items, including:
    1. underwear and intimate apparel;
    2. hosiery and socks where hygiene restrictions apply;
    3. swimwear where hygiene seals have been removed or compromised;
    4. adult products where hygiene restrictions apply;
    5. personalised or specially ordered goods where stated before purchase;
    6. opened products that cannot reasonably be resold for health or hygiene reasons;
    7. digital access codes once supplied or revealed; and
    8. downloaded digital software or content.
  8. The remedy provided for an approved change-of-mind return will be handled in accordance with our applicable Refund Policy and may include a refund, Store Credit or exchange depending on the item and circumstances.
  9. Nothing in this change-of-mind policy limits your rights under the Australian Consumer Law in relation to faulty, defective, unsafe, incorrectly described or otherwise non-compliant goods.

17. Problems With Your Goods – Contacting Us

  1. If you experience a problem with goods purchased through the Website, please contact us through our Help Centre or other customer-service channels displayed on the Website.
  2. For goods purchased from an independent Seller, you may also be able to contact the Seller through your order information or other contact functionality provided through the Website.
  3. We may assist you in communicating with a Seller where appropriate.
  4. If your goods are covered by a manufacturer’s warranty, you may choose to contact the manufacturer. However, you are not required to deal only with the manufacturer where you have rights against the supplier under applicable law.
  5. Where appropriate, returned goods may be inspected or assessed to determine the nature and cause of the reported problem.
  6. In some circumstances, goods may need to be sent to a manufacturer, authorised repairer or another qualified third party for assessment or repair.
  7. If assessment shows that a problem was caused by misuse, abnormal use, accidental damage, failure to follow reasonable instructions or another circumstance for which a remedy is not required, the claim may be declined to the extent permitted by law.
  8. Where a claim is declined following assessment, we will provide information about returning the goods to you and any applicable shipping costs.
  9. Approved refunds will generally be issued to the original payment method where reasonably possible. Store Credits will be issued to the applicable customer account.
  10. We aim to assess and process approved refunds, repairs and replacements as soon as reasonably practicable after receiving the returned goods and completing any required assessment. Processing times may vary depending on the product, issue and nature of the assessment required.
  11. Where goods or services are supplied or redeemable through a third-party provider, you may also have rights or remedies directly against that provider.

18. Defective Goods

  1. Goods sold through eMEGA.com.au come with consumer guarantees where those guarantees apply under the Australian Consumer Law.
  2. Where goods fail to meet an applicable consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy depending on the circumstances and whether the failure is major or minor.
  3. For a major failure, the Australian Consumer Law may entitle you to choose between a refund and replacement and may also provide rights in relation to reasonably foreseeable loss or damage.
  4. For a failure that is not major, the supplier may generally have an opportunity to provide an appropriate remedy within a reasonable time.
  5. Any voluntary product warranty provided by eMEGA applies in addition to rights and remedies available under the Australian Consumer Law and does not replace or limit those rights.
  6. Where a specific eMEGA warranty is advertised with a product, the applicable warranty terms will also apply.
  7. Goods may also contain warranty documents supplied by the manufacturer.
  8. Manufacturer warranties are separate from your rights under the Australian Consumer Law. Some manufacturer warranties supplied with internationally sourced goods may have different regional conditions. You should contact the relevant manufacturer if you wish to make a claim directly under a manufacturer’s warranty.

19. Dispute Resolution – Third-Party Seller Goods

  1. If you wish to raise a dispute concerning goods purchased from a third-party Seller, please contact our Help Centre.
  2. Where appropriate, we may ask you to first attempt to resolve the issue directly with the Seller.
  3. If the issue cannot be resolved, we may request relevant information from you and the Seller to assist in reviewing the dispute.
  4. You and the Seller should provide requested information promptly so that the matter can be reviewed efficiently.
  5. Any assistance or determination provided by eMEGA will take into account applicable marketplace policies, refund and return policies, the information supplied by the parties and applicable law.
  6. Nothing in this dispute-resolution process limits any rights or remedies available to you under applicable law.

20. Social Media and Content

  1. Information, comments, messages, text, files, images, photographs, video, audio and other materials submitted, transmitted or published through the Website or associated social media channels are referred to as “Content”.
  2. Content submitted by a user remains the responsibility of the person who submitted it.
  3. We do not necessarily endorse or verify Content submitted by third parties.
  4. When using areas of the Website or our social media pages that allow user-generated Content, you must not submit Content that:
    1. you do not have the right to publish;
    2. is defamatory or unlawful;
    3. is misleading or deceptive;
    4. unlawfully discriminates against another person or group;
    5. is indecent, obscene or pornographic;
    6. infringes copyright, trade marks, patents or other intellectual property rights;
    7. contains unauthorised advertising, spam or promotional material;
    8. contains viruses, malware, spyware or malicious code;
    9. impersonates another person or falsely represents your relationship with another person or organisation; or
    10. otherwise breaches applicable law.
  5. We may moderate, refuse, hide or remove user-generated Content where reasonably necessary to operate the Website, enforce these terms or comply with law.
  6. Copies of Content may remain temporarily in system backups or records after Content is edited or removed, subject to applicable privacy and data-retention requirements.

21. Intellectual Property

  1. Content, graphics, interfaces, photographs, trade marks, logos, sounds, artwork, designs, software and computer code contained in the Website may be owned by, controlled by or licensed to eMEGA or third parties.
  2. Such material may be protected by copyright, trade mark, patent and other intellectual property laws.
  3. Except as permitted by law or with appropriate authorisation, nothing in this Agreement gives you the right to use our business names, trade marks, logos, domain names, marketing material or other distinctive brand assets.
  4. Third-party trade marks displayed on the Website remain the property of their respective owners.
  5. You must not, except where lawfully permitted:
    1. reproduce or materially modify the Website’s layout, appearance, software or code;
    2. decompile, disassemble or reverse engineer software used by the Website; or
    3. attempt to gain unauthorised access to source code or protected systems.
  6. If you voluntarily provide feedback, suggestions, reviews or similar Content intended for publication or use by us, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that Content for operating, improving and promoting our business, subject to applicable privacy and other laws.

22. Transfer and Assignment

  1. If our company, business or Website is sold, merged, restructured or otherwise transferred to another entity, we may, to the extent permitted by law:
    1. transfer or disclose relevant business records, account information and personal information to the acquiring or successor entity; and
    2. assign or transfer our rights and obligations under agreements relating to the Website.
  2. Personal information will continue to be handled in accordance with applicable privacy laws and our Privacy Policy.

23. General

  1. We will not be liable for delay in performing an obligation under this Agreement where the delay results from circumstances outside our reasonable control, except where liability cannot lawfully be excluded.
  2. This Agreement is governed by and interpreted in accordance with the laws of Victoria, Australia, unless applicable law requires otherwise.
  3. Subject to any rights you may have to commence proceedings elsewhere under applicable law, you submit to the jurisdiction of the courts of Victoria, Australia.
  4. If any provision of this Agreement is found to be invalid, unlawful or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will continue in effect.
  5. A failure or delay by us in exercising a right under this Agreement does not constitute a waiver of that right.
  6. A waiver is effective only where it is given in writing by an authorised representative.

24. Privacy and Personal Information

  1. When you provide personal information to us, our Privacy Policy explains how that information is collected, used, stored and disclosed.
  2. You should review our Privacy Policy together with these Terms of Use.
  3. Nothing in this Agreement limits obligations or rights arising under applicable Australian privacy laws.

EMEGA ONLINE PTY LTD
ABN 17 625 884 013
Block U A, 391 Park Road
Regents Park NSW 2143
Australia

Email: info@emega.com.au