Privacy
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
Product & Service Pricing
Due to the ever-fluctuating Australian currency, our suppliers reserve the right to change prices without notice. We pride ourselves on service excellence and we will always try to absorb the impact of pricing errors or discrepancies, however where this is not possible, we do reserve the right to change prices in store and on our website without notice - your understanding in this matter is appreciated. All quotes provided by Mannys, whether written or verbal, remain valid for a length of one week unless specified otherwise.
Product Availability
We endeavour to make sure that all popular and in-demand products listed on our website are currently in stock however due to the large range of products we have available we can't practically keep them all in stock. In the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund. Standard delivery timeframes are between 3-10 business days. You can check the availability of any product on the website product pages.
Electronic Communications
When you visit Mannys online or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Trademarks
Mannys trademarks and trade dress may not be used in connection with any product or service that is not Mannys, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mannys. All other trademarks not owned by Mannys or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mannys or its subsidiaries.
License & Site Access
Mannys grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mannys. This license does not include any resale or commercial use of this site or its contents any collection and use of any product listings, descriptions, or prices any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mannys. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mannys and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilising Mannys name or trademarks without the express written consent of Mannys. Any unauthorised use terminates the permission or license granted by Mannys. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mannys so long as the link does not portray Mannys, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mannys logo or other proprietary graphic or trademark as part of the link without express written permission.
Property in Goods and Risk
You agree that the legal and equitable title to our products is retained by Mannys until Mannys receives payment in full from you for all the products and any other goods and services supplied to you by Mannys at any time whether or not any payment has been made for some of the products or other goods and services. Prior to title in the products passing to you, the Client:
- holds the products as bailee and fiduciary agent of Mannys;
- where you process the products, either by using the products to manufacture other products or by incorporating the Products in or with any other products, holds such part of the new products (Processed Products) on trust for Mannys as bailee and fiduciary agent of Mannys;
- must store the Products and such part of the Processed Products separate from its own products and those of any other third party in such a way as to clearly indicate at all times that the Products and such part of the Processed Products are owned by Mannys; and
- must ensure that, at all times, the Products and such part of the Processed Products are properly stored, protected, readily identifiable and insured.
- The Client hereby agrees to accept this appointment as bailee and fiduciary agent of Mannys.
- You may sell or deal in the ordinary course of business with the Products and such part of the Processed Products provided that –
- any such sale or dealing is at arms' length and on market terms; and
- you hold the proceeds of any sale of or dealing in the Products and such part of the proceeds of any sale of or dealing in the Processed Products on trust for Mannys in a separate identifiable account as the beneficial property of Mannys and you must pay such amount to Mannys on demand.
- For the purpose of this Clause, "such part" means an amount equal in dollar terms to the amount owing by you to Mannys at the time the Products are used in the manufacture of or incorporated into the Processed Products.
- Notwithstanding any other provision to the contrary, Mannys reserves the following rights in relation to the Products until all amounts owed by you to Mannys in respect of the Products and all other products and Services supplied to you by Mannys at any time are fully paid:
- legal and equitable ownership of the Products;
- to retake possession of the Products;
- to keep or resell any of the Products repossessed; and
- any other rights and entitlements contained in the PPSA.
- In the event of a breach of this contract by you including, without limitation, failure by you to make payment for the Products by the date specified by Mannys to you, you must return the Products to Mannys immediately on demand. If you do not return the Products to Mannys on demand Mannys shall be entitled (without further notice) to enter upon your premises at any time to do all things necessary to recover the Products.
- You hereby grant full leave and irrevocable licence to Mannys and any person authorised by Mannys to enter upon any premises where the Products may for the time being be placed or stored for the purpose of retaking possession of the Products.
- You agree that:
- you shall be liable for all costs, losses, damages, expenses or any other sums of money incurred or suffered by Mannys (including consequential losses and damages) as a result of Mannys exercising its rights under this clause; and
- you shall indemnify Mannys for all fees (including legal fees on a full indemnity basis), costs and expenses incurred or suffered as result of any and all prosecution, actions, demands, claims or proceedings brought by or against Mannys in connection with the retaking possession of the Products or the exercise by Mannys of its rights under this clause, and you shall repay all such fees, costs, losses, damages, expenses or any other sums of money on demand.
- The parties agree that this creates a Security Interest for the purposes of the PPSA and that Mannys shall be entitled to register the Security Interest on the PPSR and you will not make any objection to such registration.
- You irrevocably agree to assist with the prompt registration of the Security Interest, and agree to sign all PPSR registration forms and acknowledgements and reimburse all costs of Mannys in obtaining registration of the Security Interest.
- It is agreed that the Security Interest applies to all products that have previously been supplied as well as to all present and after acquired products.
- You agree that it will not make or register a Financing Change Statement as defined in section 10 of the PPSA or make or demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the Products without the prior written consent of Mannys.
- In this clause:
PPSA means the Personal Property Securities Act 2009;
PPSR means the Personal Property Securities Register;
Security Interest has the meaning as set out in section 12 of the PPSA;
Purchase Money Security Interest (and PMSI) has the meaning as set out in section 14 of the PPSA;
Financing Change Statement and Financing Statement have the meaning as set out in section 10 of the PPSA.
Implied Terms
The Client agree that all warranties expressed or implied by statute, common law, equity or trade custom or usage or otherwise howsoever are to the extent permitted by law excluded. Except only for those rights and remedies that the Client has in respect of the Products under the Competition and Consumer Act 2010 (the “CCA”), Fair Trading Act 1984 (Vic) or the Products Act 1958 (Vic) as amended, or any other similar Federal or State statute and which cannot be lawfully excluded, restricted or modified:
- the Products are provided for use to you on an as is where is basis and all conditions and warranties, whether statutory or otherwise, are excluded in relation to the Products;
- without limiting Clause 5(a) Mannys warrants that it will provide the Products with reasonable care and skill. Mannys makes no express or implied representation that the Products are fit for purpose or that the Products will not cause harm or injury whether direct or indirect to any person who uses or otherwise comes in contact with the Products whether directly or indirectly; and
- Mannys is not liable to you for any loss whatsoever, including any damage, loss, claim, liability, cost or expense (whether direct or indirect, consequential or incidental) loss of profit, revenue, anticipated savings, contract, opportunity or goodwill (the ‘Loss”) which you suffer, incur or is liable for in connection with the use of the Products.
Limitation of Liability
Other than as provided for in these Terms and Conditions, Mannys shall not be liable to you whether in contract (including under any indemnity or warranty) in tort, including negligence and under statute, for any loss or damage, whether direct, indirect, secondary or consequential, whether or not reasonably foreseeable, reasonably contemplatable caused as a result of reliance by you or any third party on the Products or its results.
- The provisions of this clause shall not apply insofar as their application is prevented by the CCA, and in particular section 64 of the Australian Consumer Law (“ACL”).
- Where our Products are not of a kind ordinarily acquired for personal, domestic or household use or consumption our liability arising from consumer guarantees in the Completion and Consumer Act 2010, is limited, at our election, to either:
- a) replacing the Products or supplying equivalent products; or
- b) repairing the Products or agreeing to pay the cost of repair.
- If Mannys shall be held to be liable to you in contract including under any indemnity or warranty, in tort (including negligence), under statute or otherwise for any loss or damage, cost or expense whatsoever and howsoever arising in connection with these Terms and Conditions, such liability shall be limited to and shall not exceed the aggregate total of the amount actually paid by you to Mannys (and received by Mannys) pursuant to these Terms and Conditions.
- Mannys shall not be liable for any delay in performing an obligation if such delay is caused by circumstances beyond its reasonable control and Mannys shall not be liable for and shall have no responsibility in respect of the acts, omissions or defaults of its sub- contractors and third party products and any action against Mannys in connection with these Terms and Conditions must be commenced within eighteen (18) calendar months of the cause of action arising.
- If you have not advised Mannys of any issue with any order delivered within 7 days, Mannys will have no liability for any loss or damage by reasons of incomplete numbers or otherwise.
- In the case of a breach of these Terms and Conditions or any negligence which Mannys is responsible or a breach of condition or warranty that prohibits Mannys from exclusion (which condition or warranty shall be included in these Terms and Conditions) Mannys liability to the Owner shall be limited,at its option to: -
- a) if the breach relates to Products, to either the replacement of any Products involved or the supply of equivalent products, the repair of such Products, the repayment of the cost of replacing the Products or acquiring equivalent products or the payment of the cost of having the Products repaired; and
- b) if the breach relates to services, supplying the service again or the payment of the cost of having the services supplied again.
- Mannys will not be liable to the final consumer or to you where the Products do not meet the consumer guarantees in the CCA:
- a) due to an act, default or omission of, or representation made by any person other than us or by one of our employees or agents;
- b) due to a cause independent of human control that occurs after the Products have left our control;
- c) due to you charging a higher price than the recommended retail price for the Products in question;
- d) In relation to our guarantee of acceptable quality, where the final consumer was aware of, or ought reasonably to have been aware of the flaw in the Products at the time of purchase.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Mannys and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails & Other Content
Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mannys reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Mannys and its associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mannys and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post that the content is accurate that use of the content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Mannys or its associates for all claims resulting from content you supply. Mannys has the right but not the obligation to monitor and edit or remove any activity or content. Mannys takes no responsibility and assumes no liability for any content posted by you or any third party.
Product Descriptions
Mannys and its associates attempt to be as accurate as possible. However, Mannys does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Mannys itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties & Limitation of Liability
THIS SITE IS PROVIDED BY MANNYS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MANNYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MANNYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MANNYS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MANNYS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MANNYS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Site Policies, Modification & Severability
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Mannys. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Questions
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the top menu. Or you can email us at: sales@mannys.com.au