TERMS & CONDITIONS

 

These monicalen Terms and Conditions of Service and Sale relate to the use of and the purchasing of anything from the monicalen’s website (www.monicalen.com), or any associated platforms. By accessing our website, registering an account or purchasing from our website you automatically agree to these Terms and Conditions.

Parties

“monicalen”, “we”, “us” or “our” refer to monicalen Limited, being a company incorporated in, existing and operating under the laws of China. “You” or “Your” refers to you as the customer and holder of a monicalen account or otherwise the user of our website and products.

Use of our website

Your use of the website, opening an account with monicalen and/or the ordering of anything from monicalen creates a legally binding contract between you and monicalen that is subject to these Terms and Conditions.

Governing law

The use of the website, opening an account with monicalen and/or the ordering of anything from monicalen is subject to the laws of China. You agree to submit to the exclusive jurisdiction of the courts of China in relation to any dispute between you and monicalen.

Warranties & Liability

Except as expressly stated in these Terms and Conditions or on monicalen’s website, monicalen makes no warranty or representation as to the merchantability, fitness for a particular purpose, suitability or efficacy of any product purchased by you from monicalen beyond any manufacturer warranty included with the product. Nothing in the former statement modifies, negates or restricts a consumer’s rights and remedies under the Consumer Guarantees Act 1993.

Subject to your rights and remedies under the Consumer Guarantees Act 1993, to the fullest extent permitted by law, monicalen will not be liable for any:

  1. Warranties, conditions and representations whether express, implied, statutory or otherwise, relating in any way to the website, your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through the website; and
  2. Liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through this Website for any reason whatsoever (including negligence).

To the fullest extent permitted by law, monicalen’s maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you to monicalen in respect of the product excluding any amount paid for delivery.

You agree that if you are a “consumer” under the Consumer Guarantees Act 1993 and you acquire any product for the purposes of a “business” (as those terms are defined in the Consumer Guarantees Act 1993), the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those products. Otherwise, these Terms and Conditions are to be read subject to the terms of the Consumer Guarantees Act 1993.

No warranty for use of website

While monicalen endeavours to ensure that no computer virus or malicious software is contained on our website, monicalen makes no warranty as to your use of the website and monicalen will have no liability for any damage to your computer or other hardware as a result of your use of the Website.

Limitations & permissions

You may not make use of any logo or trademark displayed on the website without the express written consent of monicalen. You may link to the website from any other website provided that you agree to immediately remove that link if requested by monicalen.

Links to 3rd party websites

The website contains links to websites that are not controlled by monicalen (Third Party Websites). monicalen makes no promises or warranties as to the content or security of any Third Party Website and you link to and use any such Third Party Website at your own risk.

Privacy

We collect, hold and protect the personal information you share with us in accordance with our Privacy and Security Policy. Please read this for detailed information regarding our approach to your privacy.

You’re in control of your personal information, and can ask for us to share this with you or delete this at anytime. To do this, simply email elizabeth@monicalen.com and we’ll action your request within 7 workings days.

Consent to use cookies

Our website uses cookies to give you the best user experience. Read more about the use of cookies in our Privacy & Security Policy.

Consent to receive email communications

By using our site, registering for an account or making an order, you consent to us sending you relevant transactional emails about your user account and/or order.

You can opt to receive monicalen promotional emails from the form at the bottom of the homepage of our website, when you place an order, or when you register for a monicalen account. You can unsubscribe from these promotional emails at any time (simply click on the link in the footer of any promotional email we send you). We allow you to unsubscribe from all, or chosen promotional email newsletters (or re-subscribe if you change your mind and want to start receiving these again).

If you unsubscribe from promotional emails:

  • Your account will still be valid, and you’ll retain any monicalen Rewards, and
  • You will continue to receive monicalen transactional emails regarding site usage, orders and account status.

We allow you to unsubscribe from a small set of transactional email reminders relating to your Rewards. Simply click on the link of any promotional emails that we send you to manage your preferences. You cannot access the manage preferences page from transactional emails or My Account on our website.

You can choose to receive no emails from monicalen and join our email blacklist. Simply contact us at elizabeth@monicalen.com. However, please note, this means that you will not receive any order confirmation emails or delivery updates. Once you have requested to receive no emails from us, we cannot reverse this.

Consent to receive browser notifications

When you visit our site for the first time, we will ask you whether you would like to receive browser notifications from monicalen. You can unsubscribe from browser notifications at any time by clicking on a notification and accessing your notification settings as per your internet browser software.

Consent to receive Text/ SMS notifications

When you shop at our monicalen store, you have the option of sharing your mobile number with us. By doing this, you are consenting to receive text messages (aka SMS) from us. You can unsubscribe from text messages at any time by responding to one of the promotional messages we send you (details of how to unsubscribe will be included in every text message we send you).

Accuracy of information

We aim to list current and accurate product information at all times. However it is possible that errors may occur. To the fullest extent permitted by law, monicalen does not accept any liability for any damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on our website.

The information shared regarding products, their specialities, and assurances relating to our Good Ingredients Promise are compiled with care and attention. However the accuracy relies on correct information and transparency from our supplier partners. We have strict guidelines that we communicate to our suppliers but subject to our obligations required by law, are not responsible if supplier information is revealed to be incorrect.

Please be aware that the ingredients in our products may change or vary from time to time. We rely on our suppliers to tell us if they make any changes to these, and this may take a few days to update on our site. We recommend you refer to the ingredient list on the product package you receive for the most up to date list of ingredients. We also recommend you review product ingredients when making a repeat order, as ingredients may change without this visually being obvious on our site, or on the front of product packaging.

Pricing

The prices displayed on the www.monicalen.com website are quoted in dollars and are inclusive of GST. GST is applicable to all orders delivered within China. Recommended Retail Prices (RRP) displayed on www.monicalen.com are the RRPs as provided to us by our suppliers. Savings prices displayed are calculated off the Recommended Retail Price. These savings may not reflect our normal price, as we do not usually sell at the RRP.

Sales to customers outside of China may be subject to the payment of taxes and charges in their country. These will typically be payable by you before the package is able to be released from customs or your countries postal services provider. As these charges are outside of our control, monicalen accept no liability for the advance notice or payment of any such charges levied by your countries customs, import or postal authorities.

Prices for the products and services listed on the site are subject to change without any notice. We do our best to provide accurate pricing information but errors can occur from time to time. We have the right to refuse or cancel any orders placed for products incorrectly priced.

Product availability & rain checks

Product availability is subject to change without notice. Whenever possible, product out of stocks are clearly highlighted on the site – you can choose to receive an email notifying you when a specific product is back in stock. monicalen cannot offer rain checks or extend a discount to an out of stock product.

All special offers and promotions are offered strictly only while stocks last and only for the period of the promotion. Promotional pricing or offers may be withdrawn at any time without notice once available stock is exhausted. monicalen may choose to end a promotion early for any reason. In this scenario, no rain checks will be given. Promotional expiry dates and times are listed as China standard time.

From time to time we may run short, specific price promotions without explicit promotion expiry dates in order to clear out stock or achieve other short term business objectives.

Product expiry dates

Most products supplied to you will include an expiry date which will vary depending on the product. Our policy is to not dispatch any product within three months of its expiry date, unless otherwise stated on the product page or where the product is sold or as part of a clearance promotion around the sale of a product with a shorter expiry term.

Payment

Please contact us for everything you need to know about paying for your monicalen products and services.

Orders will not be dispatched until satisfactory payment has been received by monicalen or any suspected fraud has been investigated. An order or transaction is not complete until products are dispatched. monicalen can refuse or cancel any order at its discretion and refund payment.

monicalen reserves the right to refuse to deliver any products ordered for any reason, including without limitation, unavailability of stock or a decision by monicalen to no longer sell a product. A refund will be given if payment has been accepted prior to any of these reasons.

Returns & Cancellation

If you change your mind about an order, we can cancel and refund a submitted order for you as long as it has not been dispatched. Please make sure you contact us with your order details as soon as possible. Unwanted products can also be returned for a refund within 30 days of purchase as long as they are in re-saleable condition (unopened, with undamaged packaging). Please refer to our Return policy for information on how to do this.

If you order a durable product from us, and find it to be faulty after a short period of use please get in touch at elizabeth@monicalen.com and we can help you reach a solution.

Gift with purchase

monicalen may choose to offer a free gift when a customer purchases a certain product or product combination. These are offered at monicalen’s discretion and can end without warning. Customers cannot transfer the free gift for something of equal value or a discount. There may be limited stock of free gifts. If stocks run out, monicalen is not liable to offer a replacement. If a customer returns an order that included a free gift, this free gift must also be returned to receive the order refund.

Delivery

Please read our shipping and delivery for everything you need to know regarding receiving your order.

monicalen uses third party carriers to deliver our parcels. If your parcel is missing or something has been damaged, please contact us for your country for more info about what to do and expect.

User submitted content, including product reviews and testimonials

We reserve the right to use all user submitted content we receive in our marketing and promotional material, both on and offline, identifying the submitter by first name only. If you don’t want us to use your submitted content, please let us know.

Your submission of any such content confirms that you understand that this content may be used in a public context, either online and/or offline, and that monicalen specifically may use, modify, edit or republish any such content submitted. While we endeavour not to significantly alter the meaning and intent of submitted content, we do sometimes edit it to condense, summarise, improve readability or comply with our regulatory obligations, and reserve the right to do so.

Beyond prevailing legislation, monicalen has no obligation to screen or edit any content supplied by customers, but has the right to do so, and to modify, delete, refuse to post or remove any content, in whole or in part, from any portion of monicalen’s websites or social media platforms, at its sole discretion for any reason whatsoever, including, but not limited to, content that violates these terms and conditions or is otherwise objectionable.

You may not be permitted to edit or delete any content you have submitted, but can ask us for it to be removed from online publication, and we will remove it so long as it’s reasonably practicable for us to do so.