Thank you for shopping with Mystorehouse.
Any order you place for packs we sell (Packs) tells us that you have agreed to these Purchase & Shipping (Terms), which form a legally binding agreement between Mystorehouse Pty Ltd (A.C.N.647 869 467) (we, us, our, or Mystorehouse) and you. If you do not agree with the Terms, you should not purchase any Packs.
DELIVERY AREAS
The Packs are available for delivery exclusively to the Coolangatta to Logan catchment area.
OUR SERVICES
We provide emergency storage of food and household items for our customers through a subscription service. You can choose from different subscription options as detailed on our website. Once your order is confirmed, we will purchase and store your Pack until it is to be delivered to you at your request.
You must provide complete and accurate personal information and contact details at the time of making your purchase as we will correspond with you using those details.
PRICE
All prices displayed on the Website are in Australian dollars and are subject to change without notice.
Prices are inclusive of GST. There may be transaction fees and credit card fees depending on your location and payment method, which you are responsible for paying.
Our prices include 24 months of storage. If you have chosen not to have the Pack delivered to you, or have not given us any instructions about delivery, you agree to pay additional weekly fees at our then current rates.
Our prices do not include transit insurance or any secondary attempts to deliver Packs to you which, if applicable will be charged to you and payment will be required in full prior to delivery.
PAYMENT
Payments are due and payable on a weekly basis for a period of 12 months, unless otherwise specified on our Website, at the time that your order is confirmed or as otherwise agreed in writing with you.
We accept payment via the payment methods displayed on our Website. Payment providers may have their own terms and conditions which apply in addition to ours. It is your responsibility to familiarise yourself with them. In paying or attempting to pay for Packs, you agree that you have not engaged in any fraudulent conduct or broken any law.
If we do not receive cleared funds within 5 days of its due date, we will email you at the email address nominated in your order to communicate about your payment. We may choose to cancel your order. We will charge you a $25 administrative fee for each late payment that you may make and evenly add any missed or late payment to future payments to make up the outstanding amount. If there are changes to our late payment fees, we will communicate this to your nominated email address.
If you do not make payments on their due date, we may cancel your order and you will forfeit any monies paid to us for any relevant Pack.
If we do not receive cleared funds within 5 days of its due date, we will email you at the email address nominated in your order to communicate about your payment. We may choose to cancel your order. We will charge you a $25 administrative fee for each late payment that you may make. Any missed or late payments will be evenly added after the end of the due subscription date to make up the outstanding amount. If there are changes to our late payment fees, we will communicate this to your nominated email address.
PACKS
Product images are for illustrative purposes only. Please check product descriptions for the itemised inclusions within a Pack.
Descriptions of Packs are subject to change at any time without notice. We reserve the right to discontinue any Pack at any time. This does not apply to Packs where we have already confirmed your order subject to the further terms and conditions contained in these Terms.
Whilst we make every reasonable effort to display the Packs as accurately as possible, the colors and images of the Packs and their inclusions as they appear on our Website may vary from how they appear in person. We cannot guarantee that your device will display any colors and images accurately.
We do not make any promises that any specific items will be available or accept any liability if they are not available or are delayed for any reason. We may substitute products with like products or change suppliers in our discretion.
Our liability to you for any incorrect listings is limited to amending or withdrawing that Pack once we are made aware of it.
STORAGE
Once ordered, your Pack will be assembled and stored safely and securely within the MyStorehouse warehouse for a period of 24 months from the placement of your order with us. Should you choose not to have your Pack collected or delivered within the 12 month period, subsequent storage can be arranged at an additional storage fee of $30 per month.
Mystorehouse maintains insurance for damaged, destroyed or stolen items.
DELIVERY
We will contact you at the completion of your storage period to arrange delivery to your address (noting our exclusive delivery area). You may contact us to request delivery 12 months after the initial payment is made.
Take care to enter the correct delivery address and delivery instructions at the time of placing your order. If you enter delivery information incorrectly, we may not be able to alter it and/or we may need to charge you additional administrative and shipping fees. Please email us immediately if you realise that you have given us incorrect delivery information.
If there is no-one at the delivery address and no arrangements have been made for someone to accept delivery, the Packs may be left at the delivery address, whether or not you have instructed us to do so, or we may return the Pack to a depot or our warehouse and either try to deliver again later or require that it be collected. Risk in the Packs passes to you when it is left at the delivery address or collected.
SHIPPING
Shipping will be either via Australia Post or our network of couriers, which we use at our discretion.
We cannot guarantee delivery times. However, you should contact us if you have not received your delivery within the following timeframes:
· Standard shipping: between seven (7) and ten (10) days of us notifying you that your order has been shipped; and
· Express shipping: between one (1) and three (3) days of us notifying you that your order has been shipped.
There may be times where shipping will take a little longer (for example, during peak shipping times such as Christmas or in the case of delivery interruptions). If we receive notification of a delay, we will notify you as soon as practicable. If you have not received your Pack within our suggested timeframes, please email us with your full name and order number, and we will investigate on your behalf.
DAMAGED, LOST OR INCOMPLETE ORDER
Should your order be damaged, lost or incomplete, please email us within 7 days, so that we may assist you.
COOLING OFF
You may cancel your order and receive a full refund of the fees you have paid, if you provide us notice within 7 days of your initial order being placed.
CANCELLATION OF ORDERS
We reserve the right to refuse service to anyone at any time without being obliged to provide a reason. If we need to cancel your order, we will contact you and arrange a refund of the money you have paid.
If for any reason we are unable to provide you with the Pack or its inclusions, we may substitute items or suppliers, or cancel your order or part of your order in our discretion. We will contact you if we need to cancel your order.
You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (including without limitation, special, direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.
Once an order is placed and the cooling off period has expired, you may cancel your order, subject to paying the following cancellation fee:
(a) Less than 6 months from the initial payment will incur a cancellation fee of 20% of the monies paid up to a maximum of $200; and
(b) 6 months or greater from the initial payment will incur a cancellation fee of 50% of the monies paid up to a maximum of $500.
If there are changes to our cancellation fees, we will communicate this to your nominated email address.
If you do not make any payments for a period of 6 months and are uncontactable in that time, or do not provide us adequate information for us to provide you with our services, we will cancel your order.
Where your order is cancelled because you have breached these Terms, we will calculate the cancellation fee based on our losses. There will be instances where we cannot refund any amounts you have paid up until cancellation as we have already incurred the costs of having assembled your Pack at the time of order and then storing it. We may also incur other costs associated with your order, such as dishonour fees associated with your missed payments, our administrative time in trying to contact you, any legal and debt collector fees and taking into account any reduction in resale value of the items included in your Pack including through shortened best before and use by dates of included items.
FINANCIAL HARDSHIP
If you are experiencing financial hardship, please email us to discuss your options.
PRODUCT WARNINGS
Some products contained in our Packs may present potential choking hazards or otherwise be unsuitable for children and infants, further products may contain traces of eggs, nuts or other allergens. Some products may contain glass or represent a fire hazard. You use the items contained in the Packs at your own risk and must take responsibility for informing yourself and managing those risks for your family including using them under appropriate supervision.
It is your responsibility to familiarise yourself with the products contained within the Packs, to read all product labels and warnings and to ensure that they are suitable for your use including any medical conditions you have. Mystorehouse do not make any guarantees that the products are safe or recommended for any particular use.
PRIVACY
We use reasonable care in the collection and storage of your personal information. You can check out our Privacy Policy.
INDEMNITY
In this section:
a) Mystorehouse includes its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors.
b) Loss includes injury, loss, claim, emotional distress, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise and whether such Loss is alleged or suffered by you or a third party.
To the maximum extent permissible by law:
c) without limitation, you release Mystorehouse from any responsibility or liability in respect of any Loss arising from any delays, failure or negligence in relation to the delivery of the Packs or services;
d) Mystorehouse’ liability to you is limited to the amounts you have paid us or the cost of having the Packs or services provided again, whichever is higher;
e) Mystorehouse will not be liable for any delay or failure to perform our obligations if such delay is due to any circumstances beyond our reasonable control;
f) Mystorehouse are not liable for any Loss arising from any delays or failure in relation to delivery of the Packs or services, or for any other claim related in any way to your use of the Packs or services even if we are made aware of their possibility; and
g) You agree to release, indemnify, defend and hold harmless Mystorehouse from any claim or demand, including reasonable legal fees:
a. where made against you by any third party;
b. arising out of your breach of these Terms or the documents and policies they incorporate by reference; and/or
c. arising out of your breach of any law or the rights of a third party.
REFUNDS AND REPLACEMENTS
We do not warrant that the quality of any items, services, information, purchased or obtained from us will meet your expectations. However, if you are not completely satisfied with our products of services for any reason, please advise us. You can check out our Refunds & Returns Policy.
DISPUTE RESOLUTION
If you have a dispute with us, the matter will be referred to the Australian Commercial Disputes Centre to be resolved in accordance with their guidelines which are incorporated into these Terms by reference. You agree to attend mediation before resorting to instituting any legal or court proceedings. The costs of mediation will be shared equally between us. Time is of the essence in resolving disputes with us. This clause shall not prevent either party from seeking urgent, injunctive relief.
VARIATIONS
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an order are those that govern that order.
ASSIGNMENT
You may not assign, transfer or delegate this agreement or its rights and obligations hereunder without our prior written consent. We may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at our sole discretion. If we do so, we will post notice on our website.
GOVERNING LAW
The laws of Queensland, Australia govern these Terms. Where the Australian Consumer Law is applicable to your use of the Website or purchase of Packs, our policies are to be read subject to that law, with any modifications as set out in our policies which are not made contrary to that law.
NOTICESAny notices that need to be given to you will be sent to the email address registered when you placed your order. You can give us notices using our contact methods listed on our website.
ENQUIRIES
Please email us if you have any questions about these Terms.
Terms and Conditions last updated 5 May 2021.
