These Terms and Conditions govern your use of mesak.com.au and any purchase you make from us. The site is operated by MESAK GROUP PTY LTD (47 700 022 135) (“MESAK”, “we”, “us”, “our”).
By browsing the site, creating an account, subscribing to our emails or placing an order, you agree to these Terms. Please read them before you buy. If you do not agree to them, please do not use the site.
1. About these Terms
These Terms apply together with our Privacy Policy and our Shipping & Returns policy, which form part of your agreement with us. If there is any inconsistency, these Terms prevail to the extent of that inconsistency.
We may update these Terms at any time by publishing an amended version on this page. The version in force at the time you place an order is the version that applies to that order. Your continued use of the site after we publish changes means you accept the updated Terms.
2. Eligibility
To place an order you must be at least 18 years of age, or have the consent of a parent or guardian who agrees to be bound by these Terms on your behalf. You must be able to form a legally binding contract and must provide accurate, current and complete information when ordering.
3. Your account
You may be able to create an account to check out faster and view your order history. You are responsible for keeping your login details confidential and for all activity that takes place under your account. Tell us promptly through our Contact page if you believe your account has been used without your authorisation.
We may suspend or close an account where we reasonably believe it has been used in breach of these Terms, fraudulently, or in a way that harms other customers or our business.
4. Products
We take care to describe and photograph our products accurately. However:
- Colours can appear differently between screens and devices, and fabric texture and tone may vary slightly from the images shown.
- Garments are produced in limited runs, and there may be minor variation between production batches.
- Sizing is a guide only. Please refer to the size guide on the product page. If you are unsure, get in touch through our Contact page before ordering.
- All products are subject to availability. We do not guarantee that any product shown on the site will be in stock at the time you order.
We may add, change, limit or discontinue any product at any time without notice.
5. Pricing
- All prices are shown in Australian dollars (AUD) and include GST where applicable.
- Prices exclude delivery charges, which are calculated and displayed at checkout before you pay.
- We may change prices at any time. A change will not affect an order we have already accepted.
- If you are ordering from outside Australia, you may be charged import duties, taxes or customs fees on arrival. These are your responsibility and are not included in the price or the delivery charge.
Despite our best efforts, a small number of products may be incorrectly priced or described. If we discover an error in the price or description of a product you have ordered, we will contact you as soon as possible to let you know, and give you the option to continue at the correct price or cancel the order for a full refund. If we cannot reach you, we will treat the order as cancelled and refund you in full.
6. Orders
Each order you place is an offer to buy the products in it. No contract is formed until we accept your order.
The order confirmation email we send when you check out acknowledges that we have received your order — it is not acceptance. We accept your order when we dispatch the products to you, and the contract between us forms at that point, covering only the items actually dispatched.
We may decline or cancel an order, in whole or in part, where:
- the products are unavailable or out of stock;
- there is an error in the price or description of the products;
- we are unable to verify your payment or delivery details, or your payment is declined;
- we reasonably suspect the order is fraudulent, is for resale, or is otherwise not a genuine consumer purchase;
- the order breaches these Terms or the terms of a promotion; or
- we are unable to deliver to the address you have given us.
If we cancel an order after you have paid, we will refund you in full to your original payment method.
We may also limit the quantity of any product that can be purchased per person, per household or per order, particularly on limited releases.
7. Payment
We accept the payment methods displayed at checkout, which may include:
- Credit and debit cards processed through Shopify Payments;
- Shop Pay;
- Apple Pay;
- Google Pay;
- Afterpay.
Payment is taken in full at the time you place your order, unless you use a buy-now-pay-later service. You warrant that you are authorised to use the payment method you provide.
Afterpay and other buy-now-pay-later services. If you choose to pay using Afterpay, you enter into a separate agreement directly with that provider, on their terms. We are not a party to that agreement and are not responsible for it. Approval, instalment amounts, late fees and any credit assessment are matters between you and the provider. Your rights against us in relation to the products themselves are unaffected.
All payments are processed by third-party providers. We do not receive or store your full card details. See our Privacy Policy for how payment information is handled.
8. Delivery
Delivery times, charges and the areas we ship to are set out on our Shipping & Returns page.
Any delivery timeframe we quote is an estimate, not a guarantee. Once your order leaves us it is in the hands of the carrier, and delays can occur for reasons outside our control. We will do what we reasonably can to help you track and resolve a delayed delivery.
It is your responsibility to provide a complete and accurate delivery address. We are not responsible for orders delivered to an incorrect address that you supplied, or for parcels left unattended at your direction or under the carrier’s authority-to-leave arrangements.
Risk in the products passes to you on delivery to the address you nominated. Title in the products passes to you when we have received payment in full.
9. Returns, exchanges and refunds
Our returns and exchanges process, including timeframes and the condition items must be in, is set out on our Shipping & Returns page.
Any change-of-mind returns policy we offer is provided voluntarily and in addition to — not instead of — your rights under the Australian Consumer Law described in section 10.
10. Australian Consumer Law
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Among other things, this means our goods must be of acceptable quality, match their description, and be fit for any purpose we have told you they are fit for.
You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also 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.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that you have under the Australian Consumer Law or any other law where doing so would be unlawful. Where we are permitted to limit our liability for a breach of a consumer guarantee, our liability is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of doing any of those things.
If you believe a product is faulty, please contact us through our Contact page with your order number and photographs of the issue, and we will work through it with you.
11. Promotions and discount codes
Discount codes, promotions and competitions may carry their own terms, which we will publish alongside them. Unless we say otherwise:
- codes cannot be combined with any other offer;
- one code applies per order;
- codes have no cash value and cannot be exchanged or redeemed for cash;
- codes cannot be applied retrospectively to a completed order; and
- we may withdraw or amend a promotion at any time before an order is placed.
We may cancel an order and void a discount where a code has been obtained or used improperly.
12. Intellectual property
All content on this site — including the MESAK name, logo, wordmarks, garment designs, graphics, photography, video, copy, page layouts and code — is owned by or licensed to MESAK GROUP PTY LTD and is protected by Australian and international intellectual property laws.
You may view and print pages for your own personal, non-commercial use. You must not otherwise copy, reproduce, adapt, distribute, publish, sell, frame, scrape or create derivative works from any part of the site, or use our trade marks, without our prior written consent.
Nothing on the site grants you any licence or right to use our intellectual property.
13. Acceptable use
You agree not to:
- use the site for any unlawful purpose, or in breach of these Terms;
- attempt to gain unauthorised access to the site, our systems or another person’s account;
- introduce viruses, malware or any other harmful code;
- use bots, scrapers, automated purchasing tools or any other automated means to access the site, monitor stock or place orders;
- interfere with the proper operation of the site or place an unreasonable load on our infrastructure; or
- purchase products for the purpose of commercial resale without our written agreement.
14. Content you submit
If you submit content to us — including reviews, photographs, comments, or material you send us or tag us in on social media — you grant MESAK a non-exclusive, royalty-free, worldwide licence to use, reproduce, adapt and display that content in connection with our brand and marketing, with attribution to your handle where reasonable.
You confirm that you own or have the rights to the content you submit, and that it does not infringe anyone else’s rights or contain anything unlawful, misleading, defamatory or offensive. We may remove content at our discretion. If you would like content you have submitted removed, contact us through our Contact page.
15. Third-party links and services
The site may link to third-party websites and rely on third-party services, including payment providers, delivery carriers and social media platforms. We do not control those parties and are not responsible for their content, products, services or practices. Your dealings with them are between you and them, on their terms.
16. Availability of the site
We aim to keep the site available and functioning, but we do not guarantee uninterrupted access. The site may be unavailable during maintenance, updates, or as a result of factors outside our control. We may modify, suspend or withdraw the site or any part of it at any time without notice.
17. Liability
This section applies subject to section 10, and nothing in it operates to exclude or limit any right or remedy you have under the Australian Consumer Law.
To the maximum extent permitted by law:
- we exclude all conditions, warranties and representations not expressly set out in these Terms;
- we are not liable for any indirect, special or consequential loss, or for loss of profit, revenue, data, goodwill or anticipated savings, arising out of or in connection with the site or any product; and
- our total aggregate liability to you in connection with an order is limited to the amount you paid for the products giving rise to the claim.
We are not liable for any loss caused by circumstances beyond our reasonable control, including acts of God, natural disasters, fire, flood, pandemic, war, civil unrest, industrial action, failures of telecommunications or utilities, carrier delays, or the acts or omissions of third-party suppliers.
18. Indemnity
You agree to indemnify MESAK GROUP PTY LTD and its officers and employees against any loss, damage, cost or expense (including reasonable legal costs) arising from your breach of these Terms, your misuse of the site, or your infringement of the rights of any third party. This does not apply to the extent the loss was caused by our own negligence or breach.
19. Privacy
We handle your personal information in accordance with our Privacy Policy, which explains what we collect, why we collect it, who we share it with, and how you can access or correct it.
20. Termination
We may restrict, suspend or terminate your access to the site at any time if you breach these Terms or if we reasonably consider it necessary to protect our business or other customers. Termination does not affect any order already accepted, or any rights or obligations that have already accrued.
21. Governing law
These Terms are governed by the laws of [INSERT STATE], Australia. You and we submit to the non-exclusive jurisdiction of the courts of [INSERT STATE] and the courts able to hear appeals from them.
22. General
- Severance — if any part of these Terms is found to be invalid or unenforceable, that part is severed and the rest continues to apply.
- No waiver — if we do not enforce a right under these Terms, that is not a waiver of that right.
- Assignment — you may not assign your rights under these Terms without our consent. We may assign ours in connection with a sale or restructure of our business.
- Entire agreement — these Terms, together with our Privacy Policy and Shipping & Returns policy, form the entire agreement between you and us in relation to your use of the site and your purchases.
23. Contact us
If you have a question about these Terms, or about an order, please get in touch through our Contact page.
MESAK GROUP PTY LTD
ABN 47 700 022 135
Australia