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Terms & Conditions

Terms and Conditions

This Contract is an agreement between the customer (“you”) and Imma and Mario’s Mercato (“Mercato”), of 625-627 Lower North East Road, Campbelltown SA 5074.

By accessing Mercato’s website, becoming a member and/or placing an order you agree to be bound by the following terms and conditions. Mercato reserves the right to change these terms and conditions at any time and to notify you by posting them here.

1.    Order and acceptance of order

1.1.    From the time that Mercato accepts your order, a binding contract exists between you and Mercato. Each order shall constitute a separate agreement between you and Mercato.

1.2.    Mercato reserves the right to accept or refuse each order in its absolute discretion, and Mercato shall have no obligation to sell or supply the goods until Mercato receives and accepts the order.

2.    Prices and payment

2.1.    Unless a contrary intention appears, all prices on Mercato’s website are expressed in Australian dollars and are inclusive of GST.

2.2.    Payment to Mercato must be made by Visa, MasterCard or Debit card. Payment will be deducted from your account when Mercato has processed your order. Goods will be dispatched when the payment has cleared.

2.3.    Mercato may cease special offers or alter prices at any time without notice. Mercato’s in-store prices may vary from prices on Mercato’s website. All specials, promotions, offers and discounted items are as advertised on the website are available only while stocks last unless otherwise advertised.  

2.4.    If you owe money to Mercato under one agreement, Mercato has the right to set-off that money against any money that you owe to Mercato under another agreement. If Mercato owes money to you under one agreement Mercato may set-off that money against any money it owes you under another agreement.

3.    Deliveries

3.1.    Mercato will deliver gift vouchers only  to the address specified in the delivery instructions of the order using Australia Post (or such other courier as Mercato shall elect to use), provided that the address is within Australia.

3.2.    If no one is present at the delivery address to accept delivery of the goods, an Australia Post card may be left directing you to your nearest post office which will hold the parcel for you in accordance with Australia Post’s own terms and conditions, unless you have given Mercato alternative instructions for the delivery of the goods.

3.6.    If no one is present at the delivery address to accept delivery of the goods when they are delivered, Mercato may impose an additional fee upon you.

3.7.    Mercato reserves the right to charge you a delivery fee unless stated otherwise in an offer on the website.

4.    Goods

4.1.    Mercato will use its best endeavours to ensure that all goods ordered by you are supplied to you.  If Mercato does not have available stock for the goods you order then Mercato will use reasonable endeavours to offer to you a similar product of similar price.

4.2.    Any pictures on Mercato’s website are for illustrative purposes only and you acknowledge that Mercato does not warrant the accuracy of any information contained in any pictures.

4.3.    Risk and title in the goods passes to you upon delivery of the goods to the delivery address.

4.4.    If there is no one at the delivery address to receive the order when it is first delivered, risk in the goods shall pass to you when the initial delivery attempt is made.

5.    Returns policy

5.1.    If the goods you receive are severely damaged, tainted, out of date or are not the products which you ordered, Mercato may elect to either replace the goods or to offer a refund if you give Mercato notice within 48 hours of taking delivery of the products (or such longer time as may be allowed by Mercato in its absolute discretion).

5.2.    Mercato may require that you return the goods to Mercato at your own expense before Mercato considers offering a refund or replacement.

6.    Security

6.1.    If you have a PIN, password or other login information for Mercato’s website, you are responsible for the safekeeping of such information.

6.2.    You release and indemnify Mercato in relation to any liability howsoever arising out of the unauthorised use of your login information.

7.    Privacy

7.1.    Each party to this agreement shall comply with all privacy obligations under any law or obligation.

7.2.    Mercato will only disclose information to other parties as required to perform its duties under this agreement to achieve the purposes specified above or as otherwise allowed under the Privacy Act 1988.

8.    Licence and Intellectual Property Rights

8.1.    You are licensed to use Mercato’s website for your use in connection with ordering and purchasing goods from Mercato.  

8.2.    You acknowledge that you are not permitted to make any other use of the Mercato website unless given written prior authorisation by Mercato.

8.3.    You acknowledge that any trademarks or logos which appear on the Mercato website are owned by or licensed to Mercato or its related corporations and that you must not do anything to prejudice the rights of the trademark owner or licence to such trademarks or logos.  

9.    Disclaimer

9.1.    Mercato makes no representations or warranties of any kind express or implied as to the operation of this website or the information, content, materials or products included in this website.  You expressly agree that your use of this website is at your own risk. In particular, you acknowledge that Mercato is not making and has not made any warranty or representation as to the fitness or suitability of Mercato’s goods for any purpose.

9.2.    To the full extent permissible by applicable law, Mercato disclaims all warranties, express or implied. Mercato does not warrant that its website, its service, or emails sent from Mercato are free of viruses or other harmful components.  Mercato will not be liable for any damages of any kind arising from the use of this website including but not limited to direct, indirect, incidental, punitive and consequential damages.  

9.3.    In respect of any liability which Mercato cannot exclude, Mercato’s liability is limited, at its option, to the replacement or re-supply of the ordered goods, or a refund of the cost of the ordered goods.

9.4.    You assume total responsibility for your use of the website and any linked websites.  Your sole remedy against Mercato for dissatisfaction with the website or any contents is to stop using the website or any such contents.

9.5.    Mercato in no way guarantees the accuracy of information on external sites which can be accessed from links on this website. External links are provided for your convenience only.

9.6.    Mercato reserves the right to do any of the following at any time without notice:

9.6.1.    Modify, suspend or terminate operation of or access to the website or any portion of the website for any reason;

9.6.2.    Modify or change the website or any portion of the website including prices and any applicable policies or terms; and

9.6.3.    Interrupt the operation of the website or any portion of the website as necessary to perform routine or non-routine maintenance, error, connection or other changes.

9.7.    You shall indemnify and hold harmless Mercato or its employees, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses, claims and damages arising from:

9.7.1.    any breach by you of these terms;

9.7.2.    reliance by you on any information obtained through the Mercato website.

10.    Miscellaneous

10.1.    Mercato reserves the right at its discretion to close a customer account or cancel an order if it believes a person has breached these terms and conditions.

10.2.    If Mercato is prevented from carrying out its obligations by events beyond its control, Mercato will be excused from complying with its obligations whilst such events persist, and, at its option may elect to cancel any order without liability and refund the customer for any charges.

10.3.    The entire agreement between you and Mercato is comprised in this Contract and the terms of your order.

10.4.    Each condition in this agreement is severable. Severance does not affect any other provisions.

10.5.    This agreement is governed by the laws of South Australia. By entering into this agreement you submit to the exclusive jurisdiction of the courts of South Australia.


Mercato 625-627 Lower North East Road, Campbelltown SA 5074  |  ph. 08 8337 1808  |  fax. 08 8337 8024  |  info@mercato.com.au

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