TERMS & CONDITIONS

Thank you for visiting our website. This website is owned and operated by Black Mango Trading Pty Ltd ABN 16 605 009 087. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which includes our Privacy Policy terms. You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Black Mango Trading Pty Ltd.

 

1. Registration

You may need to be a registered member to make orders, access our products, and access certain features of our website.

When you register and activate your account, you will provide us with personal information such as your name and, email address, telephone number and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

  • at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us; and
  • agree and warrant to use the website in accordance with these Terms.

 

    2. Collection Notice

    We may collect, hold, use and disclose your personal information for the following purposes:

    • to enable you to access and use our website;
    • to operate, protect, improve and optimise our website, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
    • to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
    • to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
    • to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
    • to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
    • to consider your employment application.

    We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

    Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us.

    By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

     

    3. Accuracy, completeness and timeliness of information

    The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

    We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our 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.

    We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

     

    4. Promotions and competitions

    For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

     

    5. Purchases

    1. Placing Orders

    1.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
    1.2 The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
    1.2.1 Orders placed by you are offers to purchase goods and or services under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
    1.3 Goods in your cart are not reserved until you have completed the checkout process and once payment is received in full.
    1.4 We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.
    1.5 You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement.
    1.6 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

    2. Price, Payment and Use of Discount/Coupon Codes

    2.1 The prices of goods, delivery and other charges shown are in Australian dollars, and are inclusive of G.S.T, where applicable.
    2.2 All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit issuer, we cannot and will not hold items against your order.
    2.3 A discount code is only valid for a single transaction, excludes shipping and sale items and  may not be used in conjunction with any other discount code unless otherwise stated.

    3. Supply and Delivery of Goods

    3.1 Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.

    4. Packaging and Labelling

    4.1 We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.

    5. Goods Out of Stock

    5.1 We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.

    6. Change of Mind Returns

    6.1 We offer a 30 day no questions change of mind return policy.  The 30 day period starts from date of delivery. Goods must be

    (a) not used (with original tags and/or packaging)
    (b) not damaged in any way; and
    (c) returned in original packaging

    We allow a return in these circumstances, we will ask you to follow our returns process.

    6.2 We will provide you with a refund or store credit only when we receive the returned product. You are responsible for payment of return postage on your order. Remedies for defective goods are still available.

     7. Defective Goods

      7.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and 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.
      7.2 Any warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law or any other law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our 12 Month Warranty Terms & Conditions. This warranty only applies where specifically advertised in the product’s listing.
      7.3 IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

      8. Process for Returns and Refunds
        8.1 When seeking a return on a product, please contact us via our Return Request Form. Once contacted we will investigate your issues and advise you whether your product may be returned and, where required, and provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply.
        8.2 Once an item is returned we will either inspect your goods and investigate any claimed defect, or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
        8.3 Refunds will be issued using the payment method used for purchase.
        8.4 We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.

           

          6. Linked sites

          Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

           

          7. Intellectual property rights

          Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

          Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

          Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

          All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

           

          8. No commercial use

          This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

           

          9. Unacceptable activity

          You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

          • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
          • using this website to defame or libel us, our employees or other individuals;
          • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
          • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

          If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

           

          10. Warranties and disclaimers

          To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

          We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

           

          11. Liability

          To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

           

          12. Jurisdiction and governing law

          Your use of the website and these Terms are governed by the law of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.

           

          13. Free Shipping Promotion

          Free Shipping applies to the following postcodes click here. These Postcodes mainly relate to capital cities (currently excluding NT, WA and TAS - sorry) and cover a large percentage of the Australian population.

          You will see Free Shipping at product pages or Checkout page once you insert your postcode, if your postcode qualifies. A requirement to receiving Free Shipping is that we can place an A.T.L (Authority to Leave) on your order.  If you have any special requirements for you’re A.T.L, please fill these out on the Cart Page.

          We are sorry if your postcode is not included in our Free Shipping Promotion. Some places in Australia are extra expensive to ship to, due to the size of our items and our big beautiful land!

          Having said that if your postcode is not included in our Free Shipping Promotion, please contact us for a special reduced shipping rate based on your items, your postcode and your availability to accept an A.T.L

          Due to the substantial costs incurred by us for our Free Shipping Promotions we cannot accept any other discount codes at Check Out. These will be disabled for the period of our Free Shipping Promotion. If you have a discount code in hand and think it may be better value than Free Shipping, reach out to us and we will give you the best deal we can.

          If you are one of our Commercial Customers, please contact us directly for the best pricing/shipping offer we can provide as per normal.

          Happy Shopping. We look forward to serving you soon.

          Free shipping promotion offer ends 7pm (AEST) 31/03/2020.

           

          14. Customer Review Content

          Black Mango Pty Ltd welcomes your reviews and comments. Any content that you submit, you grant Black Mango Pty Ltd a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology without compensation to you.

          The customer reviews you see on this site are the result of direct feedback from former or current customers collected via emails and website submission. All reviewers that have made an order via our website and have then submitted a review, will have a verified badge accompany their review. We do not pay customers for reviews. We do not reward reviewers based on whether their written analysis is positive or negative. Rather, we publish full and complete reviews from individuals without alteration except to remove personally identifying information. We may elect not to publish reviews that contain inappropriate or irrelevant content. 

           

          15. Discount Codes

          By using or attempting to use any of Black Mango Pty Ltd's discount codes, you agree to accept and be bound by these terms and conditions. 

          1. Discount Codes are only available for a limited time only, or for as long as it is advertised on blackmango.com.au. Black Mango Pty Ltd has the right to cancel or change any discount code at any time without notice and in its sole discretion.
          2. Discount Codes cannot be applied to previous purchases nor combined with any other offers or discounts at the time.
          3. EXCLUSIONS - If a minimum spend is specified it applies to the cost of goods only not the cost of goods including shipping. Shipping is excluded. 4. ALL discount codes exclude items on sale and can only be redeemed on full priced items, unless otherwise stated.
          5. To use a discount code, enter the advertised discount code into the discount code box during the checkout process. You can only use the discount code once unless otherwise stated.

           

          16. Other Promotions or Sales

          Black Mango Pty Ltd occasionally run annual sales, during these sales advertised prices are valid for a limited time only or while stocks last or otherwise stated. NO ADDITIONAL DISCOUNT will be applied to items on sale. Prices as marked. Excludes shipping and gift cards. Black Mango Pty Ltd reserves the right to end the sale at any given time without warning.

           

          Last Updated: May 2023