Mark Foy's Terms of Service

Effective Date: 1 January 2026

Welcome to Mark Foy’s

The terms “we”, “us”, “our”, and “Mark Foy’s” refer to Mark Foys Department Store PTY Ltd. We operate this website and online store (collectively the “Services”). The Services are powered by Shopify Inc.
These Terms of Service (“Terms”) govern your access to and use of the Services. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.

Access & Account

By using the Services you represent that you are at least the age of majority in your jurisdiction or, if you are under the age of majority, that you have obtained verifiable parental or guardian consent where required by law.

You are responsible for providing accurate, current and complete information when creating an account or placing an order. You are solely responsible for maintaining the confidentiality of your account and for all activities that occur under it. You may not transfer or sell your account.

The Products We Sell 

We endeavour to display our products as accurately as possible; however, colours and appearance may vary depending on your device. We reserve the right to modify or discontinue any product at any time without notice and to limit quantities or restrict sales to any person, household, geographic region, or jurisdiction.

Orders

Placing an order constitutes an offer to purchase. We may accept or decline any order at our sole discretion. Acceptance occurs only when we confirm shipment or otherwise explicitly accept. We are not obliged to fulfil orders that contain errors or that we suspect are fraudulent.

You agree not to purchase products for commercial resale without our prior written consent.

All purchases are subject to our Refund Policy.

Prices & Payment 

Prices are shown in Australian dollars and are subject to change without notice. The price charged is the price in effect at the time of order. Prices exclude shipping and any duties unless expressly stated.

You represent that you are authorised to use the payment method provided and that all billing information is accurate.

Shipping & Delivery

Delivery times are estimates only. We are not liable for delays caused by carriers, customs, or events beyond our reasonable control (force majeure). 

Electronic Communication

By using the Services you consent to receive communications from us electronically. You agree that all notices, agreements, disclosures and other communications provided electronically satisfy any legal requirement.

Intellectual Property

All content on the Services is owned by us or our licensors and is protected by copyright, trademark and other laws. You are granted a limited, non-transferable licence to access and use the Services for personal, non-commercial purposes only. Any unauthorised use is prohibited.

Third-party Links & Tools

The Services may contain links to or integrations with third-party websites and tools. We are not responsible for the content, accuracy, or practices of any third party. Your use of third-party services is at your own risk and subject to their terms.

Relationship to Shopify

Mark Foy’s is powered by Shopify Inc. All purchases are made directly with Mark Foy’s. Shopify is not a party to any transaction and has no liability for products, services, or any loss arising from your use of the Services. You release Shopify and its affiliates from any claims related to your purchases.

Privacy

Your personal information is governed by our Privacy Policy and, where applicable, Shopify’s Privacy Policy.

User Content & Feedback

Any reviews, comments, or suggestions you submit (“Feedback”) become our property. You grant us a perpetual, royalty-free, worldwide licence to use, modify, and display Feedback for any purpose.

Errors, Inaccuracies & Omissions

We may correct errors (including pricing errors) at any time, even after an order is placed, and may cancel or refuse orders containing errors.

Prohibited Uses

You may not use the Services for any unlawful purpose, to infringe intellectual property rights, to harass others, to upload viruses or malicious code, or to interfere with the operation of the Services. We may suspend or terminate your access immediately for any breach.

Force Majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including but not limited to natural disasters, war, pandemics, strikes, or carrier delays.

Disclaimer of Warranties & Consumer Guarantees

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

Limitation of Liability

To the maximum extent permitted by law, Mark Foy’s and its affiliates, officers, employees, agents or  Shopify will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profit or revenue, whether incurred directly or indirectly, arising from your use of the Services or purchase of products.

Indemnification

You agree to indemnify and hold harmless Mark Foy’s, Shopify and our respective affiliates from any claims, losses, or damages (including legal fees) arising from your breach of these Terms or your use of the Services.

Termination 

We may terminate or suspend your access to the Services at any time without notice. Provisions that by their nature should survive termination will remain in effect.

Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of New South Wales and the Commonwealth of Australia, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts located in Sydney, New South Wales, Australia. You submit to the personal jurisdiction of those courts.

General

  • Severability: If any provision is held invalid, the remainder remains in effect.
  • Waiver: No waiver of any term shall be deemed a further or continuing waiver.
  • Entire Agreement: These Terms, together with linked policies, constitute the entire agreement between you and us.
  • Assignment: We may assign these Terms without notice; you may not.

Change to Terms

We may update these Terms at any time. Material changes will be notified in accordance with applicable law. Your continued use of the Services after changes constitutes acceptance.

Contact Us
If you have any questions about Mark Foy's Terms of service, please contact: info@mark-foys.com

Mark Foy’s Department Store PTY Ltd. 
ABN: 63 691 218 489