Terms & conditions

Terms of Use

Use of our website is subject to the following terms and conditions

DW Trading Pty Ltd ("Mannhaus") maintains this website (the "Site") for your entertainment, information, education, and communication.

Your access and use of the Site is subject to the following terms and conditions (the "Terms of Use") and all applicable laws.

By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of our Privacy Statement.

If you make a purchase on the Site, the Terms of Sale will also apply to you.

To view this site you must be of legal adult age in your country of residence and have the legal right to view and possess adult material. Do not view this site if you are offended by material that is sexual in nature or if you are resident in any country, state, province or locale where material of a sexual nature is prohibited.

Mannhaus strongly supports parental controls on the Internet. These web pages are not intended to be viewed by minors.

Your use of the Site is at your risk. Mannhaus makes no warranties or representations as to its accuracy or completeness.

Mannhaus specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site whether Mannhaus is aware of such errors or omissions or not.

To the fullest extent permitted by law, neither Mannhaus nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Site.

Without limiting the foregoing, and to the fullest extent permitted by law, everything on the Site is provided to you "As Is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by Mannhaus of goods or services on the Site which cannot be excluded, restricted or modified ("Non-Excludable Rights").

Notwithstanding the foregoing paragraph, Mannhaus does not exclude any Non-Excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.

The trade marks used on the Site are either trade marks of Mannhaus and/or its affiliates, or used on the Site with the permission of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark displayed on the Site without the express written permission of Mannhaus or, if applicable, the third party owner of the relevant trade mark. All powers (if any) conferred on you by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.

Features and specifications of products described or depicted on the Site ("Products"), or available for purchase through the Site (including, without limitation, prices of Products displayed on the Site and any delivery or other charges) are subject to change without notice. All weights and dimensions mentioned are approximate.

Mannhaus assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Mannhaus also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.

The Site may refer to Products that are generally available for purchase in Australia. A reference to Products on the Site does not imply or warrant that the Products will be available at any time in your particular locality. You should check with Mannhaus for the availability of specific products and services in your locality.

Mannhaus is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. While Mannhaus may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site linked to or its content. Subject to any Non-Excludable Rights, Mannhaus disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

Although Mannhaus may from time to time monitor or review forums on the Site ("Forums"), Mannhaus is under no obligation to do so and assumes no responsibility or liability arising from the contents of any Forums nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any Forums.

You are prohibited from posting or transmitting on or via the Site (1) any unlawful, threatening, harassing, defamatory, libelous, obscene, pornographic or profane material; (2) any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law; or (3) any material of any kind for commercial purposes, or which contains any promotional material or advertising. You must not restrict or inhibit any other person from using or enjoying the Site, or download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner. Mannhaus will fully cooperate with any law enforcement authorities or court order requesting or directing Mannhaus to disclose the identity of anyone breaching this clause.

If Mannhaus provides you with user details to facilitate your use of or access to the Site ("User Details"), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your User Details. Mannhaus is entitled to act on instructions received under your User Details. Mannhaus cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes, you should memorise (and not write down) your User Details.

You agree to indemnify Mannhaus and keep Mannhaus indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by Mannhaus as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms, by you or anyone using your User Details.

Mannhaus may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but any and all restrictions imposed on you under the Terms of Use, and licences granted by you to Mannhaus, and any Mannhaus disclaimers and limitations of liability will survive such termination.

Failure of Mannhaus to insist upon strict performance of any provisions of the Terms of Use shall not be deemed a waiver of its rights and remedies. If any provision of the Terms of Use is deemed by a court to be unenforceable, the remainder shall stay in effect.

Mannhaus may at any time revise the Terms of Use by updating this web page without prior notice to you, in which case the Terms of Use as modified will apply to you from the date of modification. You should periodically visit this page to review the current Terms of Use.

The Terms of Use may not be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement between you and Mannhaus. Any attempt to supplement or amend this document shall be null and void.

The Terms of Use are to be governed by and construed in accordance with the laws of Victoria, Australia, without reference to its conflicts of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria. If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.

Trade Marks

We take our name seriously

The trade marks listed below are registered trade marks of DW Trading Pty Ltd.

Any other trade marks used on this website are trade marks of their respective owners.

Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right of use to any trade mark displayed on the site without the express written permission of DW Trading Pty Ltd or such third party owner.

Registered Trade Marks

Copyright

Our website is protected by copyright

All material on this website is protected by copyright unless otherwise indicated and may not be used except as permitted in the text on this site or in the Terms of Use.

You may not download, distribute, transmit, modify, reuse, republish, report, frame, upload to a third party or use the contents of this site (including without limitation the text, images, audio, and video) for personal, public or commercial purposes without the express written permission of DW Trading Pty Ltd.

By accessing this site you agree not to infringe the copyright or other intellectual property rights belonging to DW Trading Pty Ltd, its affiliates or its third party content providers.

Terms of Sale

Please read this document carefully as it contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

This Contract contains the current terms and conditions that apply to your purchase of products from us.

You acknowledge that you are fully aware of the contents of these terms and conditions and, on placing any purchase order for the Products, you agree to be bound by and accept these terms and conditions.

Definitions

"Mannhaus" means DW Trading Pty Ltd.

"Product(s)" means product(s) sold as shopping items on this web site, and forming the subject matter of this contract as identified by Customer in the order form.

"Customer" means a person who orders goods via this web site.

"Contract" means a contract containing these terms and conditions agreed upon between Mannhaus and Customer for sale by Mannhaus and purchase by Customer of the Products.

Sale and Purchase

Mannhaus shall sell and Customer shall purchase the Products in compliance with the Contract.

Formation of the Contract

All orders of the Products placed by Customer shall be subject to acceptance by Mannhaus.These terms and conditions shall become the Contract when notice of acceptance by Mannhaus of an order by Customer is sent to Customer which acceptance is at the discretion of Mannhaus.

Mannhaus will only accept orders for delivery of the Products to the address of Customer who has attained the age of 18 years.

Mannhaus reserves the right to limit quantities of the Products purchased in any order.

Price and Payment

Pricing of the Products shall be as stipulated in the site's price lists available from time to time at the date of placement of orders by Customer.

Prices include all Australian taxes and imports, which may be imposed under legislation on the transaction under the Contract.

The Customer will be responsible for payment of all transport charges in association to the purchases on this site, unless expressly stipulated by Mannhaus.

The Customer shall pay for the Products by using one of the payment methods available on Mannhaus.

Delivery

Mannhaus shall endeavour to arrange to deliver the Products to the delivery point designated by Customer on the purchase order.

Mannhaus will use its discretion in selecting a reputable carrier and appropriate means of shipment.

Any dates quoted by Mannhaus for delivery of the Products are estimates only and shall not form part of the Contract.

At times Mannhaus will require orders to be insured and sent Registered Post. This decision is made at the discretion of Mannhaus. Additional fees to insure and register an order is to be borne by the Customer and will be added to the order total by Mannhaus.

In no event shall Mannhaus be liable for increased cost, loss of profits or goodwill or any other special, incidental, direct or indirect or consequential damages due to late delivery or non-delivery of the Products.

Mannhaus may deliver the Products by instalments in any sequence.

Where the Products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate Contract and no default or failure by Mannhaus in respect of any one or more instalments shall vitiate the Contract in respect of the Products previously delivered or undelivered Products.

In the event that Mannhaus gives notice to Customer that it is unable to deliver any instalment of the Products, Customer shall be deemed to have accepted those instalments already delivered but Mannhaus may reimburse the price of the undelivered Products which have been paid for by Customer.

If Customer fails to take delivery of the Products or any part of them when they are made available to Customer or fails to provide accurate instructions, documents, licenses, consents or authorizations required to enable the Products to be delivered, Mannhaus shall be entitled, upon giving written notice to Customer, to store or arrange for storage of the Products, and then risk in the Products shall pass to Customer, delivery shall be deemed to have taken place, and Customer shall pay to Mannhaus all costs and expenses (including storage and insurance charges) arising from its failure.

Acceptance

Unless Customer notifies Mannhaus to the contrary by telephone, facsimile transmission or e-mail within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of the notification, the Products shall be deemed to have been accepted by Customer as being in good condition and in accordance with the Contract.

Title and Risk of Loss or Damage

Title and risk of loss or damage to the Products shall pass to Customer on the physical delivery of the Products to the address identified by Customer in the order.

Limitation of Liability

In no event shall Mannhaus be liable to you for any indirect, special, incidental or consequential damages resulting from performance or failure to perform under the contract, or from the furnishing, performance or use of any goods or service sold or provided pursuant hereto, whether due to a breach of contract, breach of warranty, negligence, or otherwise.

Save that nothing herein shall limit Mannhaus's liability for death or personal injury arising from its negligence, Mannhaus shall not have any liability to you for indirect or punitive damages or for any claim by any third party except as expressly provided herein.

To the fullest extent permitted by law, Mannhaus's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Mannhaus to the following.

In the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and

In the case of services:

(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

Critical Components

Products are not authorised for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

Changes

Mannhaus may update, or discontinue any Products and/or revise prices for Products listed as available items on this web site at any time.

Therefore, Customer agrees that changes between the shipped Products and the Products described in marketing materials (advertisements, catalogs, specification sheets etc.) may occur.

All orders are accepted on these terms, which supersede any other terms relating to the sale of the Products appearing in Mannhaus's web site or elsewhere and shall override any other terms referred to by the Customer or in any course of dealing.

Resale

Customer agrees and warrants that the purpose of purchasing the Products is for Customer's own internal use only, and not for resale.

Mannhaus shall be entitled to refuse to accept orders placed by Customer if Customer breaches or Mannhaus, on reasonable grounds, suspects that Customer will breach this warranty.

Customer shall not remove components from the Products for resale.

Customer agrees to comply with all applicable export laws, regulations and orders of Australia.

Specifically, but without limitation, Customer agrees that it will not re-export or ship, directly or indirectly, any Products without first obtaining Mannhaus's prior written consent and the appropriate export or re-export licenses from the Government of Australia.

Force Majeure

Mannhaus shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond its reasonable control.

Allocation of Stock

Quantities are subject to availability. In the event of shortage, Mannhaus may allocate sales and deliveries in its sole discretion.

Waiver / Invalidity

Failure of Mannhaus to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies.

If any provision of the Contract is deemed by a court to be unenforceable, the remainder shall stay in effect.

Governing Law

The Contract shall be governed by and construed under the laws of Victoria, Australia.

The parties hereto submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, being the place where Customer's order has been received and/or entered.

Headings

The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions or the Contract, and no construction or inference shall be derived there from.

Entire Agreement

These terms and conditions may not be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties hereto.

Any attempt to supplement or amend this document or to enter an order for the Product(s) which is subject to additional or altered terms and conditions shall be null and void.