Terms & Conditions

1.       About Joyce Mayne Online

(1)     Your purchase of goods from www.joycemayne.com.au (“website”) is subject to these Terms and Conditions of Sale (“Terms”) and the Terms of Use.  If you do not accept these Terms, you must refrain from using this website or making a purchase from this website. 

(2)     Agency Ecommerce Pty Ltd A.C.N 145 985 682 (trading as “Joyce Mayne Online”) of A1 Richmond Road, Homebush West NSW 2140 (“us”, “our”, “we”, “Joyce Mayne Online”), carries on business from the website. 

(3)     Joyce Mayne Online is an independent franchisee that has been granted a franchise by JM Online Franchisor Pty Ltd ACN 148 935 282 (“Joyce Mayne”), and a limited licence by a related body corporate of Joyce Mayne to trade as “Joyce Mayne Online” from the website.

(4)     The offers made in the website are made and are available from Joyce Mayne Online only.

(5)     Joyce Mayne Online will offer each item of the goods described in this website ("Offer Goods") for sale until the date specified in a Joyce Mayne Online catalogue, or if the Offer Goods have not been advertised in a Joyce Mayne Online catalogue, until such time as the Offer Goods are removed from this website, ("Offer Period"), at not greater than the price specified in this website for that item ("Offer Price"), subject to these Terms. 

(6)     You and Joyce Mayne Online may enter into a sale contract for the sale and supply of products, by you making an offer to Joyce Mayne Online via the website, to purchase product at the price advertised on the website, subject to these Terms.

(7)     Except for the Publisher that publishes this website, each of HNH, and each other subsidiary of HNH, does not publish, make, or authorise any offer or representation by this website.

(8)     The Joyce Mayne logo is a registered trade mark of Harvey Norman Retailing Pty Ltd and used under a limited license by Joyce Mayne Online.

(9)     In these terms:

 

• “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.

 

• a reference to a “third party” in these terms includes a reference to any agent or contractor of Joyce Mayne Online, the Franchisor, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.

 

• a reference to the "website" means www.joycemayne.com.au.

 

• "Order" means an offer made by you in response to an invitation to treat made by Joyce Mayne Online on the website. 

2.       User Agreement

(1)     By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

(2)     We reserve the right to amend these terms at any time at our sole discretion.  Your continued use of the website will represent an agreement by you to be bound by these terms as amended and will apply to any Order you place from the effective date of the change.  We recommend you review the terms for amendments each time you use the website and before placing any Order.  Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party. 

3.       Guests and Registered Users

(1)     You may access and/or use the website as a guest or as a member.

(2)     To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password.  If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you.  You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer First Team.

(3)     You will receive an email from us as soon as practicable after you create your membership account.

(4)     We only permit one registration per email address.

(5)     You must not use another members’ account without permission.

(6)     You must keep your password secure as you are responsible for any activity on your account.  You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.

(7)     If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our Customer First Team. 

(8)     We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms. 

4.       Legal Capacity

(1)     You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.

(2)     Any Order and/or purchase made by you using this website is an acknowledgement by you that you:

                     i.             are over the age of eighteen (18) years;

                   ii.            accept these terms;

                  iii.            agree that you have entered into a legal contract with Joyce Mayne Online in relation to these terms; and

                  iv.            these terms, together with your order, constitute the entire agreement between you and Joyce Mayne Online for the supply of products.

(3)     Joyce Mayne Online reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Joyce Mayne Online may suffer as a result of a transaction entered into by a minor.

5.       Orders

(1)     Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere.  We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

(2)     Offers for products made by Joyce Mayne Online via the website do not constitute an offer to sell but an invitation to treat.

(3)     You and Joyce Mayne Online may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

(i)          placing an electronic Order for the products using the website;

(ii)        you confirming the Order details in accordance with the procedure on the website;

(iii)       you making payment in full (plus any applicable delivery charges) on the website; and

(iv)       the acceptance of that offer by Joyce Mayne Online.

(4)     When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the Offer Goods only when:

(i)          any requirements set out in these terms have been met;

(ii)        the electronic instruction containing the offer from you enters and is recorded in our database;

(iii)       a record is created and stored in our database; and

(iv)       Joyce Mayne Online receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(5)     You acknowledge that:

(i)          the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Joyce Mayne Online for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;

(ii)        to the extent permitted by law, Joyce Mayne Online is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;

(iii)       Joyce Mayne Online may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

(iv)       Joyce Mayne Online may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(6)     You will receive an email from Joyce Mayne Online as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer First Team.

(7)     If your Order is not accepted by Joyce Mayne Online, Joyce Mayne Online will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(8)     Joyce Mayne Online may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order. 

(9)     Any representations made about stock availabilities are accurate to the last known stock level and are subject to change.  If Joyce Mayne Online cannot supply a particular product, Joyce Mayne Online will notify you by telephone or email as soon as possible. 

(10)  Joyce Mayne Online will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order. 

6.       Gift Cards

(1)     Joyce Mayne Online is unable to accept a Joyce Mayne Gift Card as a payment option for any Order.

7.       Price

(1)     Prices shown are in Australian dollars and include GST where applicable.  Prices may not include delivery and handling charges.  Prices are subject to change. 

(2)     Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Joyce Mayne Online.

(3)     Joyce Mayne Online and the Franchisor expressly do not represent that any Offer Goods offered via the website will be offered by or available from any Joyce Mayne Store, or at all. 

(4)     Images of products shown without any advertised price beside that image are not offered for sale. 

(5)     Unless otherwise stated, any accessories shown in any image of products are not included in the price.

(6)     We reserve the right to correct any errors published on the website.  

8.       Payment

(1)     All payments must be made in full prior to delivery.

(2)     Payments must be made via the eWAY or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.   

9.       Supply and Delivery

(1)     Subject to you complying with these Terms and acceptance of your Order by Joyce Mayne Online, Joyce Mayne Online will sell and supply the products to you as shown on your Order confirmation.

(2)     Products may not be available for immediate delivery.  Joyce Mayne Online will endeavour to deliver your Order to you within ten (10) days of the date you placed your Order, except if the Order is for an item of furniture.

(3)     Items of furniture are generally not held in stock and will be required to be ordered.  You agree that your Order for any item of furniture may take up to ten (10) weeks to be delivered to you from the date you placed your Order.  This timeframe is the average manufacturing lead time required by suppliers.  Joyce Mayne Online will contact you on receipt of your Order to notify you of the indicative delivery date.

(4)     When you complete your Order you will be prompted to select whether you wish to collect your Order from a Joyce Mayne Store or to have the Order delivered to an address specified by you. 

(5)     Other than in respect of Orders for regional or remote areas, if Joyce Mayne Online gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Joyce Mayne Online will arrange for a full refund of any payment made by you to be processed.

(6)     Delivery times may be greater than 10 business days for regional or remote areas.

10.    Delivery by Post or Carrier

(1)     The terms of this clause apply where you select to have your goods delivered to a specified address.

(2)     The delivery address must be an address within Australia and cannot be a freight forwarding location. 

(3)     On acceptance of your Order by Joyce Mayne Online, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order.

(4)     If you Order large or bulky items, Joyce Mayne Online will contact you by telephone or email to arrange with you a suitable time for delivery.  You will be required to be available in person to accept delivery of large and bulky items.  

(5)     If you wish to change the delivery date or delivery address you must the Customer First Team know at least 48 hours prior to the dispatch of your Order.

(6)     Joyce Mayne Online will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Joyce Mayne Online does not warrant that these timeframes will always be met, as many factors may affect these timeframes. 

(7)     You must advise at the time you place your Order via the website or later when you discuss delivery with Joyce Mayne Online, of any difficulties that may be involved in the delivery (such as stairs or narrow entries).  If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.  

(8)     Joyce Mayne Online cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

11.    Orders for Collection at a Joyce Mayne Store

(1)     The terms of this clause apply where you select to collect your Order from a Joyce Mayne Store.

(2)     If you select to collect your goods from a Joyce Mayne Store, a representative of the relevant Joyce Mayne Store will contact you by telephone or email to notify you when the Order is available for collection. 

(3)     Orders for collection at a Joyce Mayne Store must be collected within 21 days of the relevant Joyce Mayne Store giving you notice by telephone or by email that your Order is available for collection.  If your Order is not collected within this time, the relevant Joyce Mayne Store has the right to allocate those goods to another customer and reorder the goods for you.

12.    Title and risk in goods

Title and risk in the products, such as loss and damage, pass to you on delivery.

13.    PayPal and credit card fraud

(1)     The website employs the latest in Secure Sockets Layer technology from Comodo, eWAY and PayPal secure payment gateway to secure our payment systems.

(2)     To the extent permitted by law, each of Joyce Mayne Online and the Franchisor will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

14.    Disclaimer and Indemnity

(1)      To the extent permitted by law, each of Joyce Mayne Online and the Franchisor and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

(a)             errors, mistakes or inaccuracies on the website;

 

(b)             you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

 

(c)              personal injury or property damage of any kind resulting from your access or use of the website;

 

(d)             any unauthorised access to or use of the websites secure servers;

 

(e)             any interruption or cessation of transmission to or from the website;

 

(f)               any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or

 

(g)              the quality or fitness for any purpose of any product or of any linked sites.

 

(2)      Except as expressly provided in these terms, and to the fullest extent allowed by the law, Joyce Mayne Online and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

(3)      You will at all times indemnify, and keep indemnified, Joyce Mayne Online, the Franchisor, and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

(4)      This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

15.    Order Enquiries 

If you have any query about the progress of your Order please contact the Customer First Team.  Please have your Order number handy as shown on the email confirmation.  

16.    Damaged or Faulty Products and Refund Policy

(1)          If any product ordered by you arrives damaged or is not of acceptable quality you may have:

(a)          rights under the Refund Policy;

(b)          legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or

(c)          to have the product repaired or replaced or to receive a refund of the price paid by you for the product.

(2)           Please choose carefully as Joyce Mayne Online will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected. 

(3)          If your Order arrives damaged, please contact the Customer First Team.

17.    Privacy and Personal Information

(1)          The privacy of your personal information is important to Joyce Mayne Online. 

(2)          Joyce Mayne Online and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our Customer First Team.  Personal information may include your name, residential and/or postal address, telephone number and email address.

(3)          Your personal information is not collected if you only browse this website. 

(4)          Online payments are handled by eWAY and Paypal. Joyce Mayne Online does not store your credit card or banking details.  Please check the www.eway.com.au and paypal.com.au websites for details of their privacy policies and security measures.

(5)          Each of Joyce Mayne Online, the Franchisor, their related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes.  You agree that Joyce Mayne Online and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Joyce Mayne Online thinks may be of interest to you. If you would prefer not to receive promotional or other material from Joyce Mayne Online or its third parties, please let us know and Joyce Mayne Online will respect your request.  You also agree that Joyce Mayne Online may contact you by telephone to arrange delivery or collection of your Order.

(6)          You may request Joyce Mayne Online to remove your personal information from its database by emailing the Customer First Team.

(7)          For further details about Joyce Mayne Online’s privacy practices please view the Privacy Policy on this website.  Should you have any questions concerning your privacy, please contact our Customer First Team or the Privacy Officer at JMPrivacy.Officer@joycemayne.com.au.

18.    Force Majeure 

Joyce Mayne Online will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

19.    Governing Law

(1)          These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia.  If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

(2)          If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.  Joyce Mayne Online makes no representations that the content of the website complies with the laws of any country outside Australia.

20.    Severability 

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Joyce Mayne Online 

21.    Transfer and Assignment

If Joyce Mayne Online merges, sells or otherwise change control of its business or this website to a third-party, Joyce Mayne Online reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Joyce Mayne Online has collected from you and any agreements it has made with you.

22.    Waiver

 The failure by Joyce Mayne Online to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision.  Any waiver of any provision under these terms will only be effective if it is in writing and signed by Joyce Mayne Online.

JM Online Terms and Conditions Version 1.0 September 2011