Thank you for using Willowleaf Pty Ltd t/as Marco & Co.  

These Terms and Conditions (Terms) will govern the provision of goods by us to you. Importantly, it outlines both your responsibilities and ours while providing the goods.

Our Privacy Policy details the manner of both the collection of information (including personal information) and its usage.

By using or purchasing our goods through this website, you agree that you have read, understand and agree to be bound by both these Terms, our Privacy Policy and our Website Terms of Use. 

If you are purchasing our goods on behalf of an organisation, you agree to these Terms, our Privacy Policy and our Website Terms of Use on behalf of such organisation.

Please note that any reference to “goods” in these Terms includes all goods sold on our website.

 Place an Order with us

To place an order for any of our goods, please follow the instructions within the ordering section of our website or email shop@marcoandco.com if you should require any assistance.

Our Responsibilities

We will provide our goods with reasonable care and skill and in compliance with these Terms once we receive an order from you and make payment at the time of ordering (see below). 

Your Responsibilities

You are responsible for your conduct and ensuring that you comply with these Terms.

Prices and Payment

The price of our goods will be in $AUD or $US, depending on your location and access to our website at the time of purchase and delivery. Prices quoted by us will include delivery charges, GST or other taxes or charges that may apply at the time of payment unless otherwise stated at the time of payment.

The price for any goods purchased by you is payable immediately at the time of purchase. 

Risk and Insurance

You bear the risk for goods provided from the moment of delivery to you.

Warranties and Representations

No warranties in relation to completion or compliance

We provide no warranty that any result or objective can or will be achieved or attained by you through your use or otherwise of the goods provided by us to you.

We provide no warranty or representation as to the compliance of any goods provided to you with any specific laws, regulations or rules and we make no representations or warranties, to the greatest extent permitted by law, that any goods provided to you are fit for any intended purpose.

Limitation on liability

To the extent permitted by law, we will not be liable for any injury or loss suffered by you, or for any claim made against you, under or in connection with these Terms or otherwise in relation to your purchase or use of the goods, whether arising in contract, tort, negligence, breach of statutory duty or otherwise.

Indemnity

You indemnify and hold us harmless from and against all claims and losses arising from loss, damage, liability or injury to us, our employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of, under or in connection with these Terms or otherwise in relation to your purchase or use of the goods by you.  

No reliance

In purchasing our goods, you acknowledge that you do not do so in reliance on any representation, warranty or other provision except as expressly provided in these Terms. Any conditions, warranties or other terms implied by statute or common law are excluded from these Terms to the fullest extent permitted by law.

Intellectual Property and Confidential Information

As a Company we respect the right to intellectual property and confidential information and require you to do so as well.

If we provide you with any confidential information, you will keep this information confidential and will not disclose it to any third party without prior consent from us or unless legally obliged to do so.

You must not, or allow any third party to, adapt, amend, reproduce, sell or otherwise deal with the goods purchased by you in a way that infringes copyright or our intellectual property rights in the goods. You must indemnify and hold us harmless from and against all claims and losses arising from loss, damage or liability or injury to us or our employees and third parties as a result of a breach by you of the copyright or our intellectual property rights in the goods.

Resolving Disputes and Returns/Refunds

Resolving Disputes

As a company we would like the opportunity to address any concerns you may have regarding our goods.  In agreeing to these Terms you agree to take reasonable steps to resolve any dispute that may arise by emailing us at shop@marcoandco.com and informally outlining the issues you have. We will also take reasonable steps to resolve this dispute informally. 

Furthermore, you agree to resolve any claims relating to our provision of goods, and these Terms, through the use of mediation or arbitration. This agreement ensures that we both utilise alternative dispute resolution mechanisms before resorting to formal litigation.

 Returns/Refunds 

Should you wish to return your goods purchased with us, you must return the product in its unopened original packaging to us at 1/28 Down Street, Collingwood Melbourne Victoria 3066 under cover of a letter detailing your order number and purchase details. Upon receipt we will process your return and pay a full refund. 

In the event the goods returned to us are opened, or you fail to provide the necessary order number or purchase details, then any return or refund is at our sole discretion. If you wish to return opened goods, or obtain a refund for opened goods, please email us first at shop@marcoandco.com, providing your order number and purchase details and the reasons for you wanting a refund or a return of the goods. We will then assess your refund/return request and notify you of our decision.

Please do not send any opened goods back to us without first receiving a notification from us for you to do so otherwise your refund/return may not be processed correctly and we are under no obligation to return the goods back to you.  

Please note that under no circumstances can a ‘biodegradable’ product, including candles, be returned and such products are final sale.

Jurisdiction 

These Terms and Conditions are governed by the laws of Victoria, Australia.

Changes to the Terms and Conditions 

We may need to revise these Terms from time to time without notice.  However, we will post the latest version of these Terms on our website.

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WEBSITE TERMS OF USE 

Thank you for visiting our website. By accessing our website, you agree that these website terms of use (T&Cs) will apply to your use. 

From time to time it may be necessary for us to review and revise our T&Cs. It is your responsibility to check for changes, and your continued use of our website means you agree with the changes.

Privacy

These T&Cs should be read together with our Privacy Policy.

General disclaimer

To the extent permitted by law, we will in no way be liable to you or anyone else for any loss or damage, however caused, (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with use of this website or websites of other entities which are hyperlinked from this website (linked websites). We have no control over the nature, content and availability of linked websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

The information contained on this website is provided by us in good faith and on an 'as is' basis. Whilst we endeavour to keep the information on our website up to date and correct, we make no representations or warranties of any kind (express of implied) about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. 

Every effort is made to keep the website up and running smoothly. However, we are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of this website or a linked website or if the website is temporarily unavailable due to technical issues beyond our control. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you or in your location. 

Your use of this website

As a condition of your use of the website, you warrant to us that you will not use this website for any purpose that is prohibited by these T&Cs. In particular, you agree not to:

  • use this website to defame, abuse, harass, stalk, threaten or otherwise offend any person;
  • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • use any automated scripting tools or software;
  • engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the website;
  • impersonate any other person or entity;
  • upload, post, email, transmit or otherwise make available using the website any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation; or
  • breach any laws or regulations which are applicable to your use of this website.

Copyright

Unless otherwise acknowledged, all material on this website, including text, graphics, information, and coding, is our property. All copyright is reserved. 

You are provided with access to this website and may download, store, display, print or make a single copy of the information or material stored on this website (in its unaltered form) and for your personal and non-commercial use only. Except for these purposes, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means:

  • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or
  • commercialise any information, products or services obtained from any part of this website, without our written permission. 

All trade names, trademarks, service marks and other product and service names and logos (‘marks’) displayed on this website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These marks may be our registered or unregistered marks or may belong to others and are used on this website with permission of the relevant owner.

Nothing contained on this website should be construed as granting any licence or right of use of any mark which is displayed on this website without the express written permission of the relevant owner.

If you use any of our marks to refer to our activities, products or services, you must include a statement attributing that mark to us. You must not use any of our marks: 

  • in or as the whole or part of your own marks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages us or our information, products or services (including this website).
  • in a manner that seeks to pass off our marks as any other product, service or entity.
  • in a manner that is prohibited by law.

Linked websites

This website may contain links to other external websites which, once clicked, will take you away from this website. Those links are provided for convenience only and may not remain current or be maintained. We have no control over or rights in any linked website that is not our own.

Unless specifically stated, the inclusion of a linked website should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the linked website, or for any information, product or service referred to on the linked website.

Your use of any linked website is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the linked website and not by these T&Cs. We are not responsible for the privacy practices of any third party social media or other service providers that you can access through this website.

 Your visit to our website

We use cookies (small data files that are stored on your computer) to collect anonymous traffic data to help improve our website and your experience of our website. You can remove or block cookies using the settings in your web browser, but this may impact your ability to use the website.

We may also collect and store information about your visit to the website, including: 

  • the name of the domain from which you accessed the internet;
  • the date and time you accessed the website;
  • the internet address of the website from which you linked directly to the website;
  • the pages you accessed while visiting the website;
  • the type of device from which you accessed the website; and
  • the location from which you accessed the website.

All of the information we collect is aggregated and cannot be used to identify you individually. This information is used to measure visitor numbers and to assess how the website was used in order to maintain its effectiveness. We do not collect this information for any type of online advertising.

Applicable laws

These T&Cs will be governed and interpreted by the laws of Victoria.

Contact us

Should you have any questions about our T&Cs, please contact us at shop@marcoandco.com.