Refund Policy
Returns & Refunds Policy - MC Export Australia (Business-to-Business)
1. General Policy: No Returns or Refunds for Change of Mind / Buyer's Error
1.1. Firm Sales:
All sales by MC Export Australia to our B2B Customers are considered final. We do not offer returns, exchanges, or refunds for:Change of mind: If you simply change your mind about a purchase.Buyer's error: If you made an error in ordering (e.g., incorrect quantity, vintage, or product selection).Overstocking or slow sales: If you have over-ordered or if the Products are not selling as quickly as anticipated.Damage or defects reported outside the specified timeframe.Improper storage or handling of the Products after risk has passed to you.
1.2. No Cancellations:
Confirmed orders, once accepted by MC Export Australia, cannot be cancelled by the Customer unless expressly agreed in writing by MC Export Australia, which may be subject to cancellation fees.
2. Exceptions: Defective or Non-Conforming Products (Subject to Applicable Law)
While our general policy is strictly no returns or refunds, this is subject to your mandatory rights under applicable Australian and Vietnamese law, particularly concerning product quality and conformity.
2.1. Your Rights for Defective or Non-Conforming Products:
Australian Law (Australian Consumer Law): Our Products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). If you are acquiring Products as a 'consumer' (as defined in the ACL, which can apply to some B2B transactions, e.g., value under $100,000 AUD, or for goods ordinarily acquired for personal, domestic, or household use), 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 the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Vietnamese Law (Commercial Law & Civil Code):
Under Vietnamese law, if Products supplied are not in conformity with the contract (e.g., due to defects in quality or quantity), you may have rights to demand remedies such as repair, replacement, price reduction, or termination of the contract, in accordance with the terms of our agreement and Vietnamese law.
2.2. Conditions for Claims (Defective / Non-Conforming Products):
To be eligible for consideration under this exception, the following strict conditions must be met:
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Notification Period:
You must notify MC Export Australia in writing of any alleged defect, damage, shortage, or non-conformity within three (3) Business Days of delivery of the Products. For latent (hidden) defects not discoverable upon reasonable inspection at delivery, you must notify us immediately upon discovery, and in any event no later than thirty (30) Business Days from the date of delivery.
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Evidence:
Your written notification must include:Your company name and order number.A detailed description of the alleged defect or non-conformity.Clear photographic evidence of the alleged defect or damage (if applicable).Details of where and how the Products were stored since delivery.
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Return Authorisation:
You must not return any Products to MC Export Australia without our prior written authorisation (Return Authorisation Number). Unauthorised returns will not be accepted or processed.
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Product Condition:
Products subject to a claim must be held by you in their original condition, including original packaging, and stored correctly to avoid further damage or spoilage, until inspected by MC Export Australia or our appointed agent, or until we provide instructions for their return or disposal.
2.3. Our Determination and Remedy:
Upon receipt of a valid and timely claim, MC Export Australia will:Investigate the claim and may require further information or inspection of the Products.Determine, at our sole discretion (and in accordance with applicable Australian and Vietnamese law), whether the Products are indeed defective or non-conforming.If the claim is substantiated, MC Export Australia will, at our option, and subject to applicable laws:Replace the defective or non-conforming Products.Provide a credit note for the value of the defective or non-conforming Products.Refund the price paid for the defective or non-conforming Products.Offer other mutually agreed remedies.
2.4. Exclusions from Claims:
MC Export Australia will not be liable for any defects or non-conformities arising from:Improper storage or handling of Products by the Customer after delivery.Accidental damage, misuse, neglect, alteration, or unauthorised repair by the Customer or any third party.Normal variations in natural products (e.g., minor bottle imperfections, expected sediment in certain wines).Products that have passed their recommended best-before date due to prolonged storage by the Customer.Any claim not made within the specified notification periods.
3. Return Process for Authorised Returns
If MC Export Australia authorises a return:We will provide you with a Return Authorisation Number and specific instructions for returning the Products.Products must be securely packed to prevent damage during transit.Unless otherwise agreed in writing, the cost of returning Products will be your responsibility, but may be reimbursed by MC Export Australia if the Products are confirmed to be defective and the claim is substantiated.
4. Governing Law and Jurisdiction
This Policy shall be governed by and construed in accordance with the laws of New South Wales, Australia, and the Commonwealth of Australia. Where any provision of this Policy conflicts with a mandatory provision of Vietnamese law applicable to the transaction, the Vietnamese law shall prevail to the extent of the inconsistency. Any disputes arising under this Policy will first be subject to good faith negotiation between the Parties. If a resolution cannot be reached, the dispute shall be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia.
5. Contact Us
For any questions regarding this Returns & Refunds Policy, or to submit a claim for defective or non-conforming Products, please contact us immediately at: