Terms & Conditions
1.1. Mabel & Joy will store personal details only to keep subscribers up to date via our opt-in subscription newsletter.
1.2. It is not the policy of Mabel & Joy to sell or exchange personal details.
1.3. Your details will be kept solely for the purpose of subscription updates; you will be removed if requested.
2. Place of Applicable Law
2.1. Mabel & Joy is registered in Australia. Materials on this site are directed solely at those who access it within Australia. Those accessing this site from other locations are responsible for compliance with local laws if applicable. You and we each submit to the exclusive jurisdiction of the Australian courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Australian Law shall govern this Agreement.
3. Product Information
3.1. Product information, dietary information, photos and pack sizes are all for illustrative purposes and general advice. From time to time packaging, dietary classifications and ingredients vary and we may not always be as up to date as we would like to be, so please always check the details on the packaging before using. This is especially important if there is a possibility of an allergic reaction.
4. Allergen Caution
4.1. Mabel & Joy pack a wide range of natural food products on shared equipment including nuts, seeds, grains and cereals. This includes sesame, peanuts and gluten containing products. While we do our best to avoid any kind of cross contamination, this can occasionally occur and any of our products may contain traces of these.
5. Website Content and Copyright
5.1. Reasonable care has been taken by Mabel & Joy in the design, layout and content of this site. However, to the extent permitted by applicable law, Mabel & Joy disclaims all warranties, express or implied, as to the accuracy of the information contained in any materials within this site.
5.2. All pictures, photographs, text, design and layout of the Mabel & Joy site remain the copyright of Mabel & Joy. You may print portions of the Mabel & Joy site for your personal and non-commercial use.
5.3. Use of any content of the Mabel & Joy site is strictly prohibited without prior written consent of Mabel & Joy and its Director.
5.4. Mabel & Joy shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained within this site.
5.5. Links within this site will lead to sites that are not under the control of Mabel & Joy. When you activate these you will leave the Mabel & Joy site; Mabel & Joy will not accept any responsibility or liability for the material on any other site as Mabel & Joy has no control over any other site.
5.6. We aim to provide the most accurate information on our website, however in the case of typographical errors or information which is not correct, Mabel & Joy reserves the right to correct the error and any actions leading from it.
6. Limitation of Liability
6.1. You agree that Mabel and Joy shall not be liable either in contract, tort, negligence, statutory duty or otherwise for any:
6.1.1. Loss of profits, goodwill, revenue or any type of consequential, indirect or special loss or damage whatsoever arising from or in any way connected with this Agreement.
6.1.2. Direct damage or loss, including damage or loss which is reasonably foreseeable or occurs naturally in the course of things, resulting in any acts, omissions, failures or delays occurring to, on or in relation to those parts of the Internet not under Mabel & Joy direct control, including, without limitation, loss or damage of business, loss of sales, non payment of monies due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss, even where Mabel and Joy has been advised of the possibility of such damage or loss.
6.2. You agree that the maximum aggregate of liability of Mabel & Joy in contract, tort, negligence, statutory duty or otherwise, even where Mabel and Joy has been advised of the possibility of such damage or loss, for any damage or loss arising from or in any way connected with:
6.2.1. Any defect in a product
6.2.2. Any failure by Mabel & Joy to process signals, data, information, orders or messages correctly or in a timely manner, or any misrouting or non delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them, and any liability not excluded by this Agreement shall, in respect of any one or more events or series of events, connected or unconnected, taking place within any twelve month period be limited in the case of defects falling within clause 7. to the price of the relevant goods. This limit shall also apply in the event that any exclusion or other provision contained within this Agreement is held to be invalid for any reason and Mabel & Joy becomes liable for damage or loss that could otherwise have been limited.
6.3. You agree and acknowledge that you are in a better position than Mabel & Joy to foresee and evaluate any potential loss or damage that you may suffer in connection with the goods and services provided by Mabel and Joy, and therefore that Mabel & Joy cannot adequately insure in respect of such liability. You warrant to Mabel & Joy that you will insure against, or bear yourself, any loss for which Mabel & Joy has excluded liability.
6.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some limitations set out in clause 6 may not apply to you.
6.5. Nothing in this Agreement shall affect the statutory rights of any customer, exclude or restrict any liability for death or personal injury arising from negligence or fraud of Mabel & Joy.
7.1. Mabel & Joy will deliver the goods to you at the delivery address within 2-5 business days, after cleared payment. Times quoted for delivery of goods are estimates only and Mabel & Joy is not subject to any liability whatsoever for failure to deliver or for delay in delivery arising from any cause whatsoever. The Customer is not relieved of any obligation to accept or pay for goods by reason of any delay in delivery or dispatch. Mabel & Joy reserve the right to deliver in instalments and each such instalment is deemed to be sold under a separate contract. Failure to deliver any instalment does not entitle the Customer to repudiate, rescind or terminate the contract.
7.2. Delivery address is the address where the goods are to be delivered as stated on the order.
7.3. All goods must be checked on delivery. The customer is deemed to have accepted any goods delivered as being in conformity with the customer’s order and merchantable quality unless the customer notifies Mabel & Joy in writing within 48 hours of delivery. For a credit note to be issued by Mabel & Joy against damaged goods, proof will be required. Returning the damaged product or providing photos of the damaged product to Mabel and Joy is deemed as sufficient proof.
7.4. As we cannot anticipate or control the conditions under which the goods we sell will be used, Mabel & Joy and its associated entities cannot be responsible for damages of any nature resulting from the use and/or reliance on the delivery of our goods. No expressed or implied warranties are given other than those implied mandatorily by Commonwealth, State or Territory legislation.
7.5. No goods will be supplied by Mabel & Joy on any terms or conditions other than those set out herein and by taking delivery of goods the Customer is deemed to be bound by these terms and conditions.
7.6. Unless otherwise agreed in writing, risk in the goods passes to the customer at the time when the goods have been placed on the vehicle, which is to effect delivery from Mabel & Joy’s warehouse. The goods remain at the customer’s risk at all times unless and until Mabel & Joy re-takes possession of the goods under these terms and conditions of sale.
7.7. Mabel & Joy assumes no responsibility or liability for any loss or damage occurring by reason of delay or inability to deliver as a result of fire, strikes, accidents, war, embargoes, accidents, riot, or from any other cause which is unavoidable or beyond our reasonable control and if delays from such causes do occur our delivery period shall be correspondingly extended.
8.1. Mabel & Joy will not accept returned goods without Mabel and Joy’s prior authorisation. Please refer to our Credit and Returns Policy for further information.
9.1. All prices and terms quoted by Mabel & Joy are based on the cost prevailing at the date of quotation; such prices are subject to change due to seasonal and market variations. However, the price listed on the website is the price that you will be charged at the time of ordering. If an item becomes out of stock prior to delivery we will contact you by email or phone to let you know and will recommend an alternative where available
10. Purchasing and Payment
10.1. When an order is made on our website (Mabelandjoy.com.au), we record sufficient personal details to confirm your identity, and to ensure we send goods to the correct address. At no time do we record your credit card information on our site. When you purchase goods, your payment details are processed securely through a secure payment gateway. After your order is processed, your payment details are not stored in any form
11.1. Save to the extent that it falls within the provision of Delivery you shall indemnify Mabel & Joy and any third party, including its sub-contractors, from and against any liability, losses, rights expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement and expenses, including legal charges, arising from your use of the Mabel and Joy site or purchase of goods/services from that site which are brought or threatened against Mabel & Joy or suffered or incurred by Mabel & Joy by another person or entity.
12. Beyond Reasonable Control
12.1. Mabel & Joy shall not be held liable for any breach of this Agreement caused by circumstances beyond its control, but not limited to Acts of God, fire, lightening or extremely severe weather conditions, explosions, war, disorder, floods, industrial disputes, whether or not involving our employees, acts or omissions of internet service providers or acts of local or central Government or other competent authorities.
13.1. In the event that any term of this Agreement is held to be invalid or Unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
14. Mabel & Joy
14.1. Any reference to Mabel & Joy includes Mabel & Joy ABN 90 515 808 283 (at PO Box 431MARRICKVILLE NSW 1475) its directors, servants or agents and related entities and permitted assigns.