Website Terms and Conditions

1. Overview

This website and the MDRanking business are operated by MDMALL SYDNEY PTY LTD, ABN 33 620 543 722.

Throughout these Terms and Conditions, the terms “MDRanking”, “we”, “us” and “our” refer to MDMALL SYDNEY PTY LTD trading as MDRanking.

MDRanking offers a combination of:

• Products held in stock locally in Australia; and
• Personal-shopping, pre-order, special-order and specially sourced products obtained from suppliers or retailers in South Korea and China.

These Terms and Conditions govern your access to and use of our website, online store, products and services.

By accessing our website, creating an account, placing an order or purchasing from us, you agree to be bound by these Terms and Conditions.

Please read these Terms carefully before using our website or purchasing from us.

Our Privacy Policy, Shipping Policy, Return & Refund Policy, product-specific conditions and promotion-specific terms also form part of these Terms and Conditions.

Nothing in these Terms excludes, restricts or modifies any right, consumer guarantee or remedy that cannot lawfully be excluded, including rights available under the Australian Consumer Law.

2. Business Details

Business operator: MDMALL SYDNEY PTY LTD
Trading name: MDRanking
ABN: 33 620 543 722
Business address: Shop 1, 115 Bathurst Street, Sydney NSW 2000, Australia
Email: info@mdranking.com.au

3. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, website, services, policies or legal obligations.

Updated Terms will apply from the date they are published on our website.

Changes will not apply retrospectively to an order already accepted unless:

• The change is required by law;
• The change benefits the customer; or
• The customer agrees to the change.

Your continued use of the website after updated Terms are published means that your future use of the website will be subject to the revised Terms.

4. Shopify

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to offer and sell our products and services.

Certain website features, payment services or third-party applications may also be subject to the relevant provider’s terms and privacy practices.

5. Eligibility and Acceptable Use

To place an order through our website, you must:

• Be at least 18 years old or have the permission and supervision of a parent or legal guardian;
• Have the legal capacity or appropriate authority to enter into the purchase;
• Provide accurate, complete and current information; and
• Use our website, products and services only for lawful purposes.

You must not interfere with the operation, security, availability or integrity of the website.

We may reasonably suspend or restrict access where we believe there has been:

• Fraud or suspected fraud;
• Unlawful activity;
• Misuse of the website;
• Unauthorised access;
• A security threat; or
• A material breach of these Terms.

6. Product Types

Products offered by MDRanking may be classified as follows.

6.1 Locally Stocked Products

Locally stocked products are products held in Australia and generally available for prompt dispatch or collection, subject to:

• Stock availability;
• Payment clearance;
• Order verification; and
• Normal order-processing times.

6.2 Personal-Shopping Products

Personal-shopping products are sourced from third-party suppliers or retailers in South Korea or China specifically in response to a customer order.

These products may not be held in stock by MDRanking when the customer places the order.

6.3 Pre-Order and Special-Order Products

Pre-order, special-order and specially sourced products are products reserved, ordered or sourced specifically for the customer.

Additional conditions, payment requirements and estimated arrival times may be displayed on the relevant product page or communicated before the purchase is completed.

7. Product Information

We take reasonable care to ensure that product descriptions, images, shades, sizes, quantities, specifications and other information are accurate.

However:

• Colours may appear differently depending on the customer’s device, screen settings and lighting;
• Manufacturers may update packaging, labels, ingredients, designs or specifications without prior notice;
• Products sourced from different markets may have Korean, Chinese, English or other language packaging;
• Product packaging may differ slightly from the images displayed;
• Minor variations may occur between production batches; and
• Product dimensions and measurements may be approximate.

Packaging or design differences that do not materially affect the identity, quantity, function, safety or quality of the product are not generally considered product faults.

Nothing in this section limits your rights where a product is faulty, unsafe, incorrect or materially different from its description.

8. Product Availability

All products are subject to availability.

Adding a product to your shopping cart, completing payment or receiving an automated order confirmation does not guarantee that the product remains available from MDRanking or the relevant overseas supplier.

Stock information displayed online may not always reflect real-time availability across our website, physical stores, suppliers and overseas retailers.

Where a product becomes unavailable after an order is placed, we will contact the customer and provide an appropriate option under these Terms.

9. Orders and Order Acceptance

Placing an order through our website constitutes an offer to purchase the selected product or products.

An automated order confirmation confirms that we have received your order. It does not necessarily mean that:

• The order has been accepted;
• Local stock has been allocated;
• Supplier availability has been confirmed; or
• Overseas purchasing has been completed.

An order is generally accepted when:

• A locally stocked order has been dispatched;
• The order is confirmed as ready for collection;
• We confirm that purchasing, reservation, sourcing or supplier processing has commenced for a personal-shopping or special-order product; or
• We otherwise notify the customer that the order has been accepted.

Personal-shopping, pre-order, special-order and specially sourced products may be subject to:

• Supplier or retailer confirmation;
• Successful product reservation;
• Supplier purchasing limits;
• Product availability;
• Export or transportation restrictions; and
• Payment clearance.

10. Unavailable Products and Order Cancellation

Before accepting an order, we may decline or cancel all or part of an order where reasonably necessary because of:

• Product unavailability;
• Overseas supplier or retailer unavailability;
• Product discontinuation;
• An obvious pricing or product-information error;
• Payment authorisation issues;
• Suspected fraud or unauthorised activity;
• Delivery, import or transportation restrictions;
• Supplier purchasing or quantity limits; or
• Other circumstances that reasonably prevent us from fulfilling the order.

Where a product becomes unavailable, we may offer the customer the choice to:

• Select an alternative product;
• Remove the unavailable product and continue with the remaining order; or
• Cancel the unavailable product and receive a refund.

We will not substitute an unavailable product without the customer’s approval.

Where we cancel a paid product or order, the applicable amount will be refunded to the original payment method.

11. Prices and Payment

Unless otherwise stated:

• All prices are displayed in Australian dollars;
• Prices include GST where applicable;
• Shipping and any other applicable charges will be displayed before checkout is completed;
• Payment must be successfully authorised before an order can be processed; and
• Promotional codes, discounts and offers cannot be combined unless expressly stated.

Prices for personal-shopping and specially sourced products may include sourcing, service, payment-processing, currency-conversion, international transportation or other applicable costs.

We take reasonable care to ensure that prices are accurate. However, obvious pricing errors may occasionally occur.

Where an obvious pricing error is identified before an order is accepted, we may contact the customer and offer the choice to:

• Proceed with the purchase at the correct price; or
• Cancel the affected product or order and receive a full refund.

We will not change the price of an accepted order unless required by law or agreed with the customer.

12. Personal Shopping, Pre-Orders and Special Orders

12.1 Supplier Availability

Availability of personal-shopping, pre-order and specially sourced products depends on the relevant supplier or retailer.

A product may become unavailable after an order is submitted because of:

• Supplier stock changes;
• Retailer purchasing limits;
• Product discontinuation;
• Failed supplier confirmation;
• Cancellation by the overseas supplier; or
• Other circumstances outside our reasonable control.

Where this occurs, we will provide an appropriate option in accordance with Section 10.

12.2 Estimated Arrival Time

Unless a different timeframe is displayed on the relevant product page, personal-shopping products generally take approximately 5–10 business days to arrive at the designated Australian collection or fulfilment location after the order and supplier availability have been confirmed.

All sourcing, arrival, dispatch and collection timeframes are estimates unless expressly stated otherwise.

Delays may occur because of:

• Supplier or retailer processing;
• Supplier stock delays;
• Public holidays in Australia, South Korea or China;
• Customs or border processing;
• International transportation;
• Courier disruptions;
• Weather events;
• Government restrictions; or
• Other circumstances outside our reasonable control.

12.3 Orders Delayed Beyond 15 Business Days

Unless a longer timeframe was clearly disclosed before purchase, where a personal-shopping product has not arrived at the designated Australian collection or fulfilment location within 15 business days after the order and supplier availability were confirmed, the customer may choose to:

• Continue waiting and receive a promotional voucher equal to 5% of the delayed product’s purchase price; or
• Cancel the delayed product and receive a full refund for that product.

The 5% voucher:

• Is provided as a goodwill offer;
• Is not redeemable for cash;
• Is not transferable;
• Cannot be combined with another promotion unless expressly permitted; and
• May be subject to a reasonable validity period communicated when the voucher is issued.

This section does not apply where a longer estimated timeframe was clearly disclosed and accepted before purchase.

12.4 Change-of-Mind Cancellations

Once purchasing, sourcing, reservation or supplier processing has commenced, personal-shopping, pre-order, special-order and specially sourced products cannot be cancelled, returned or exchanged due to change of mind.

Change-of-mind circumstances include where the customer:

• No longer wants or needs the product;
• Selects the wrong product, shade, colour, size, style or quantity;
• Finds the product at a lower price elsewhere;
• Changes their personal preference;
• Purchases the product elsewhere; or
• No longer needs the product while the order remains within the disclosed estimated timeframe.

We may consider a cancellation request where purchasing or supplier processing has not commenced, but approval is not guaranteed.

These restrictions do not affect any rights or remedies available under the Australian Consumer Law.

13. Locally Stocked Products

Locally stocked products are generally available for prompt dispatch or collection.

Where a locally stocked product becomes unavailable after an order is placed, we will:

• Contact the customer;
• Offer an alternative product for the customer’s approval, where available; or
• Refund the unavailable product.

Locally stocked products may be eligible for a change-of-mind exchange in accordance with these Terms and our Return & Refund Policy.

14. Change-of-Mind Exchanges for Locally Stocked Products

MDRanking does not provide refunds for change-of-mind purchases.

However, a locally stocked product may be accepted for exchange where:

• The exchange request is submitted within 7 days of receiving or collecting the product;
• The product is unused;
• The product is unopened and sealed;
• The product remains in its original packaging;
• All original labels, tags, gifts, accessories and components remain included;
• The product is in a fully resalable condition; and
• Valid proof of purchase is provided.

Approved exchanges must be for a product of equal or greater value.

Where the replacement product has a higher value, the customer must pay the price difference.

Where the replacement product has a lower value, the remaining difference will not be refunded or issued as store credit.

Change-of-mind exchanges are not available for:

• Personal-shopping products;
• Pre-order products;
• Special-order or specially sourced products;
• Gift cards;
• Opened, unsealed, tested or used cosmetics;
• Personal-care or hygiene products where the seal has been removed;
• Sale or clearance products where the exclusion was clearly disclosed before purchase; or
• Products that are damaged or no longer in a resalable condition.

Nothing in this section limits a customer’s legal rights where a product is faulty, unsafe, damaged, incorrect or materially different from its description.

15. Shipping and Collection

Shipping fees, estimated delivery times and delivery restrictions are set out in our Shipping Policy.

15.1 Australian Domestic Shipping

Australian domestic shipping fees may apply to:

• Locally stocked products dispatched to an Australian address; and
• Personal-shopping or overseas-sourced products after they arrive at the designated Australian collection or fulfilment location, where the customer requests delivery to an Australian address.

Australian domestic shipping fees do not include international sourcing, purchasing or international transportation costs unless expressly stated.

15.2 Collection Orders

Where collection is available, customers must:

• Wait until confirmation is received that the order is ready for collection;
• Collect the order from the nominated location;
• Present the order confirmation or suitable identification if requested; and
• Follow any collection instructions provided by MDRanking.

15.3 Delivery Timeframes

Domestic delivery timeframes begin after an order has been dispatched. They do not include the time required to source or transport personal-shopping products from South Korea or China to Australia.

Delivery timeframes are estimates and may be affected by:

• Courier delays;
• Weather;
• Public holidays;
• Remote-area restrictions;
• Incorrect or incomplete addresses;
• Failed delivery attempts; or
• Other circumstances outside our reasonable control.

Customers are responsible for providing an accurate and complete delivery address.

16. Incorrect Addresses, Rejected Deliveries and Uncollected Parcels

Customers must check their delivery details carefully before completing an order.

Where a parcel is returned because:

• The address provided was incorrect, incomplete or invalid;
• Delivery was rejected;
• The parcel was not collected within the carrier’s collection period; or
• The customer failed to provide requested delivery information,

the customer may be responsible for:

• The original shipping cost;
• Return shipping charges;
• Re-delivery costs; and
• Other reasonable costs incurred in returning or resending the parcel.

Where a refund is otherwise approved, these costs may be deducted from the refund to the extent permitted by law.

Additional shipping fees will apply where the customer requests re-delivery.

17. Returns, Faults and Refunds

Returns, exchanges and refunds are handled in accordance with our Return & Refund Policy and the Australian Consumer Law.

Customers should inspect products as soon as reasonably possible after delivery or collection.

Where a product appears to be faulty, damaged, incorrect or materially different from its description, customers should contact:

info@mdranking.com.au

Please provide:

• The order number;
• A clear description of the issue;
• Clear photographs or videos of the product;
• Photographs of the product packaging; and
• Photographs of the shipping label, where relevant.

We may reasonably request that the product be returned or inspected before determining the appropriate remedy.

Any notification period stated in our Return & Refund Policy is intended to help us investigate the issue promptly. It does not remove or limit rights that apply under the Australian Consumer Law.

18. Minor Packaging Damage

We take reasonable care when packing and transporting orders.

Minor dents, creases, scratches or other cosmetic damage may occasionally occur to external shipping packaging during transportation.

Minor cosmetic damage to external shipping packaging is not generally considered a product fault where it does not affect:

• The product itself;
• The product’s hygiene or security seal;
• Product safety;
• Product functionality; or
• The overall condition or presentation of the retail product.

Nothing in this section limits a customer’s rights where the product or its retail packaging is materially damaged.

19. Ingredients, Allergies and Product Suitability

Customers are responsible for reviewing the following information before purchasing or using a product:

• Ingredients;
• Allergy information;
• Warnings;
• Usage instructions;
• Product descriptions; and
• Product suitability information.

Individual reactions, sensitivities, allergies or a product not being suitable for a particular customer are not generally considered product faults, provided the product was accurately described, correctly labelled and otherwise met the applicable consumer guarantees.

Customers should discontinue use and seek appropriate professional advice if they experience an unexpected reaction.

Nothing in this section limits rights that may apply where a product is unsafe, incorrectly labelled, contaminated, faulty or materially different from its description.

20. Promotional Offers

Promotions, discounts, gifts and special offers are subject to the specific conditions displayed with the relevant promotion.

Unless otherwise stated:

• Offers apply only when all stated conditions are met;
• Offers are subject to product and gift availability;
• Only one promotional gift may be provided per order;
• Promotional gifts cannot be exchanged or redeemed for cash;
• Promotional codes and discounts cannot be combined;
• Certain products, brands, stores, delivery regions or order types may be excluded; and
• Express checkout orders may not qualify where the promotion requires a promotional code, customer account or other specific checkout step.

We may amend, suspend or end a promotion before an order is placed.

A change will not affect an order that has already been accepted and validly qualified for the promotion.

Where a promotional gift becomes unavailable, we may provide a reasonably comparable substitute where permitted by the applicable promotion conditions.

21. Billing and Account Information

Customers agree to provide accurate, current and complete:

• Account information;
• Billing information;
• Delivery information; and
• Contact details.

Customers are responsible for maintaining the confidentiality of their account credentials and for activity conducted through their accounts, except where the activity occurred because of our act, omission or security failure.

Please contact us promptly if you believe your account has been accessed without authorisation.

We may apply reasonable quantity limits or decline orders that appear to have been placed:

• For unauthorised commercial resale;
• Using false or misleading information;
• To circumvent purchasing limits; or
• In connection with suspected fraudulent activity.

22. Third-Party Payment Providers, Tools and Links

Our website may provide access to third-party:

• Payment providers;
• Applications;
• Websites;
• Tools;
• Delivery services; or
• Content.

Third-party services are independently operated and may be subject to their own terms and privacy policies.

We do not control independent third-party websites and are not responsible for their content, availability or privacy practices.

Nothing in this section excludes any responsibility that MDRanking may have under applicable law for a service arranged or provided as part of a customer’s purchase.

23. User Content and Feedback

Customers retain ownership of content they submit to us.

Where a customer submits a review, photograph, comment, suggestion or other content, the customer grants MDRanking a non-exclusive, worldwide, royalty-free licence to use, reproduce, edit and display that content for the purposes of:

• Operating our website;
• Providing customer support;
• Promoting our products and business; and
• Improving our products and services.

Customers confirm that submitted content:

• Is accurate to the best of their knowledge;
• Does not infringe another person’s intellectual property or privacy rights;
• Is not unlawful, defamatory, abusive or misleading; and
• Does not contain malicious software or harmful code.

We may remove content where we reasonably believe it breaches these Terms or applicable law.

24. Intellectual Property

Unless otherwise stated, all website content—including text, graphics, logos, layouts, photographs and design elements—is owned by or licensed to MDRanking.

Customers may access and use the website for personal, non-commercial purposes.

Website content must not be reproduced, distributed, modified, sold, published or commercially exploited without our prior written permission, except where permitted by law.

Third-party trademarks and brand names remain the property of their respective owners.

25. Errors and Omissions

Information on the website may occasionally contain:

• Typographical errors;
• Incorrect product information;
• Incorrect pricing;
• Inaccurate stock information; or
• Other omissions.

We may correct or update information when an error is identified.

Where an error affects an order that has not yet been accepted, we may contact the customer and ask whether they wish to proceed using the corrected information.

Where an order has already been accepted, we will handle the issue reasonably and in accordance with applicable law.

26. Prohibited Uses

Customers must not use the website:

• For unlawful, fraudulent or unauthorised purposes;
• To infringe intellectual property, privacy or other legal rights;
• To harass, threaten, discriminate against or abuse another person;
• To submit false, misleading or deceptive information;
• To upload viruses, malware, malicious code or spam;
• To collect information about other users without authority;
• To interfere with the website’s security or operation;
• To attempt unauthorised access to our systems;
• To impersonate another person;
• To circumvent purchasing limits; or
• To misuse promotional offers.

27. Australian Consumer Law

Our products and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law.

These guarantees may include requirements that products are:

• Of acceptable quality;
• Fit for any disclosed purpose;
• Consistent with their description; and
• Supplied with the title and other rights required by law.

Where a product has a major failure, the customer may be entitled to reject the product and choose between a refund and replacement.

Where a failure is not major, MDRanking may provide an appropriate remedy within a reasonable time.

Customers may also be entitled to compensation for reasonably foreseeable loss or damage caused by a failure to comply with a consumer guarantee.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded or restricted. The Australian Consumer Law is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

28. Product Delays and Non-Supply

We will not knowingly accept payment for a product that we know we cannot supply.

Where we are unable to supply a paid product within the agreed timeframe or, where no timeframe was agreed, within a reasonable time, we will provide an appropriate solution.

Depending on the circumstances, this may include:

• Providing an updated estimated timeframe;
• Offering an alternative product for the customer’s approval;
• Cancelling the unavailable product; or
• Providing a refund.

The available solution may depend on whether the delay remains within a timeframe clearly disclosed and accepted before purchase.

Australian Consumer Law guidance requires businesses that cannot supply a paid product on time or within a reasonable time to provide an appropriate solution and to give customers clear and accurate information about known delays.

29. Website Availability and Limitation of Liability

We take reasonable steps to maintain the security and availability of our website. However, we do not guarantee that the website will always be uninterrupted, error-free or free from technical issues.

To the maximum extent permitted by law, MDRanking is not responsible for loss or damage caused by:

• Customer misuse of a product;
• Failure to follow product instructions or warnings;
• Incorrect information provided by the customer;
• Unauthorised modification of a product;
• Independent third-party services outside our reasonable control; or
• Events outside our reasonable control.

Nothing in these Terms limits liability for:

• Fraud;
• Wilful misconduct;
• Negligence where liability cannot lawfully be excluded;
• Breach of applicable consumer guarantees; or
• Any other liability that cannot lawfully be excluded or restricted.

30. Customer Responsibility

A customer is responsible for loss reasonably incurred by MDRanking as a direct result of the customer’s:

• Unlawful use of the website;
• Fraudulent conduct;
• Material breach of these Terms; or
• Infringement of another person’s legal rights.

The customer’s responsibility applies only to the extent that the loss was caused or contributed to by the customer’s conduct.

Customers are not responsible for loss caused by MDRanking’s negligence, unlawful conduct or breach of these Terms.

31. Suspension and Termination

We may suspend or terminate a customer’s access to the website where we reasonably believe the customer has:

• Materially breached these Terms;
• Engaged in fraudulent or unlawful activity;
• Created a security risk; or
• Misused our website or services.

Suspension or termination will not affect an accepted order unless the relevant breach prevents us from lawfully or reasonably fulfilling that order.

32. Severability

Where any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down or removed to the minimum extent necessary.

The remaining provisions will continue to apply.

33. No Waiver

Where we do not immediately enforce a right under these Terms, this does not mean that we have waived that right.

A waiver will only be effective where it is clearly communicated or confirmed in writing.

34. Governing Law

These Terms are governed by the laws of New South Wales, Australia, and the applicable laws of the Commonwealth of Australia.

The parties submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales and any other court or tribunal with jurisdiction under applicable consumer law.

Nothing in this section prevents a customer from relying on mandatory consumer protections available in their Australian state or territory.

35. Contact Us

For questions regarding these Terms and Conditions, please contact:

MDMALL SYDNEY PTY LTD trading as MDRanking
ABN: 33 620 543 722
Address: Shop 1, 115 Bathurst Street, Sydney NSW 2000, Australia
Email: info@mdranking.com.au