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We encourage you to read these Terms and Conditions, and consult our Help section if you have any particular questions in relation to browsing and shopping online with us. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
This Site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the Commonwealth of Australia and, and where applicable, the State of Victoria, will govern these Terms and Conditions. By using this Site you submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums. The Site is available only to people who can form legally binding contracts under applicable law.
We may from time to time modify these Terms and Conditions, other policies, or the content of the Site, without notice. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. You should read the Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law. We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions.
We attempt to be as accurate as possible when describing our products and services on the Site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the Site are accurate, complete, reliable, current, available or error-free.
In order to make purchases through this Site, you will be requested to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals who meet the Mecca terms of eligibility. Individuals must have been issued a valid credit card by a bank acceptable to Mecca, applications must be acceptable to Mecca and have authorised Mecca to process a charge or charges on their credit card in the amount of the total purchase price for the goods or services.
If you register on the Site, you will have an email address/username and password for your My Mecca account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm or loss caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
Guest checkout purchases will not contribute to your Beauty Loop status and cannot be retroactively amended. If you would like your purchase recorded, please create an online account or sign in to your existing account.
Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST. Prices are subject to change effective immediately upon posting to the Site or other form of notification.
Items are not reserved in your cart until order is submitted and finalised.
Once you have made your choice and your order or booking has been placed, you will receive an email acknowledging the details of your order or booking. This email is NOT an acceptance of your order or booking, just a confirmation that we have received it.
Unless you cancel your order or booking, acceptance of your order or booking, and completion of the contract between you and Mecca will be completed when we (or our authorised agents) email you to confirm the goods have been dispatched and have been handed over to the designated carrier, or when we commence providing you the services under the service booking. Completion of orders is subject to availability of the goods and/or services. The contract for the supply of goods or provision of services (as the context permits) is concluded in Victoria, Australia.
Please note that some specialty services will not be available at all Mecca stores.
We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock, the services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms and Conditions. Further, we reserve the right to refuse to provide you the services and retain your full prepayment amount in the event that you are more than 20 minutes late to a service order booking.
Mecca reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion.
Mecca reserves the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.
By placing an order or making a booking with Mecca you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.
The Site and its "look and feel", all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text on this Site, and all intellectual property rights contained in each of the foregoing, including, without limitation, trade marks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the "Content"), are owned by, and is the property of, Mecca, or in some cases, our affiliates, partners, licensors. These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trade marks.
Your use of the Content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Content or any portion of the Site. This includes, without limitation, Mecca Software and all HTML and other code contained in this Site.
You are permitted to use the Content only as expressly authorised by Mecca, its third party licensors and subject to the Copyright Act 1968 (Cth) and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Mecca makes no recommendations as to the use of any information or Content on this Site which may infringe the intellectual property rights of itself or any third parties. Mecca makes no representations or warranties that use of the information or Content on this Site will not infringe such intellectual property rights.
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to (and you are prohibited from doing any of the following): (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. All powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
The advice and information contained within the Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While every effort is taken to ensure that the information contained within the Site is accurate, Mecca takes no responsibility for any loss or damage arising from its use.
Mecca does not promise that the Site and Content is error-free. Mecca does not promise that the functional aspects of the Site and Content will be error free or that this Site, Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The Site is presented "as is" and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.
Certain legislation, including Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions will be limited, at our option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:
your breach or non-observance of any term of these Terms and Conditions;
any breach or inaccuracy in any of your representations or warranties; or
your use of the Site.
This Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via this Site. You may not use this Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
If you upload or otherwise provide any information or content ("User Content") in the course of accessing or using the Site, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any User Content which:
is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
infringes the intellectual or other proprietary interests of third parties;
contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
violates any law, statute or regulation;
forges information to disguise the origin of any User Content; or
encourages or incites any other person to engage in any of the above behaviour.
You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), in all media now known or not currently known. You also waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour.
We may include hyperlinks on this Site to other websites or resources operated by parties other than Mecca for convenience only. Mecca is not responsible for the content or accuracy of any off-site pages linked to or from the Site, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquires regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mecca.
If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Site. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
MECCA Beauty Loop (also referred to as Beauty Loop) is a customer rewards program ("program") managed and conducted by MECCA Brands Pty Ltd (ACN 077 859 931) ("MECCA Brands" or "we") for the benefit of its customers ("Customer" or "you"). Opting in to the program is automatic upon:
the creation of a Client file by providing personal details for the MECCA database ("Client file") in one of our MECCA Cosmetica or MECCA Maxima stores or MECCA concession stores (such as our concession store within Myer) ("MECCA Store(s)"); or
ticking the program opt in box at or via mecca.com.au ("MECCA Australian Online Store") (each of the MECCA Store(s) or MECCA Australia Online Store being a "Participating Store"); or
the creation of a Client file by providing personal details for the MECCA database when making a purchase online or by subscribing to receive email communications from MECCA Cosmetica or MECCA Maxima.
Participation in the program is only open to individuals with an Australian residential address. These Terms and Conditions will be accepted by you and will be binding on you at the time of completion of your first purchase at one of our Participating Store. If you do not agree to be bound by these Terms and Conditions please do not participate in the program.
Purchases at or via one of our Participating Stores are included as spend in the Beauty Loop program ("Beauty Loop spend") - provided you identify yourself or your BL account to store staff or log into your account for shopping online.
Beauty Loop spend is calculated in $AUD for purchases made in a MECCA Cosmetica or MECCA Maxima Store in Australia (but not a MECCA Store outside of Australia, such as New Zealand). Each jurisdiction is separate and distinct and are managed separately. By way of example:
participant in the Australian program making a purchase in a MECCA Store in New Zealand will not receive the benefit of such purchase in its Australian program spend; and
a participant in the New Zealand program making a purchase in a MECCA Store in Australia will not receive the benefit of such purchase in its New Zealand program spend.
MECCA Australian Online Store:
Beauty Loop spend is calculated in $AUD for purchases made on the MECCA Australian Online Store (but not a MECCA online store outside of Australia, such as via our New Zealand online store). Each jurisdiction is separate and distinct and are managed separately. By way of example:
Your Beauty Loop spend will be calculated and accumulated over a rolling 12 month period and will be reviewed monthly at set 'MECCA Beauty Loop Review dates'. These dates are nominated from time to time and currently occur on the 16th of every month. This includes purchases up to and including the 15thof every month. Your Beauty loop spend and level will then be updated on the 17th of every month. Purchases at one of our Participating Stores 12 months prior to these dates will be considered as Beauty Loop spend. These dates may be changed at any given time without notice. Program spend will not be calculated more than once.
To ensure that purchasing at a MECCA Store is calculated as part of the Beauty Loop program, when you are in a store, please ask a store host to retrieve your Client file by providing a Beauty Loop program card, or other personal information, to enable your purchases to be added to your Beauty Loop spend. If shopping online, log in to your Beauty Loop account via your browser prior to completing your purchase, with the email address you have used for any in store purchases, to make sure your purchases are added to your Beauty Loop spend.
As part of the program, you will achieve Beauty Loop status by making purchases at one of our participating Stores as follows:
Beauty Loop Level 1 - by spending between AUD$300 and AUD $599 in a rolling 12 month period, as calculated at a MECCA Beauty Loop Review Date;
Beauty Loop Level 2 - by spending between AUD $600 and AUD $1199 in a rolling 12 month period, as calculated at a MECCA Beauty Loop Review Date; or
Beauty Loop Level 3 - by spending AUD $1200 or more in a rolling 12 month period, as calculated at a MECCA Beauty Loop Review Date.
Once you achieve a Beauty Loop level, you will hold this for a 12 month period from the MECCA Beauty Loop Review Date in which it was achieved, unless your spend during this 12 month period increases, in which case you may migrate up to another level.
The date the status of customers will next be reviewed is the date 12 months on and from the date upon which the status was achieved (this is known as "Beauty Loop Anniversary date"). If spend during the preceding year is not retained at the 'Beauty Loop Anniversary date', the status will be changed accordingly and MECCA Brands will take the necessary measures to effect such change.
Any transactions that fall outside the rolling 12 months spend and the MECCA Beauty Loop Review dates will not be included in customer spend. Orders placed online 72 hours (or less) prior to the review date may be excluded due to processing times, it being noted that the order is counted on the date the parcel is shipped from MECCA’s warehouse. If the review date falls on a weekend or public holiday, the ‘deemed’ review date will be the next business day.
Any transactions by another customer at one of our Participating Stores cannot be transferred to a different customer for someone else to obtain Beauty Loop spend.
There can be only one customer for each Beauty Loop Client file. Transactions from multiple Customer files or shopping accounts cannot be joined into one Beauty Loop spend amount. It is your responsibility to ensure that MECCA Brands has only one Client file for you. If you suspect that you have more than one Client file, please Contact Us or 1800 007 844.
Any Beauty Loop spend amount, cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions. Beauty Loop spend amounts have no cash or monetary value.
You may be provided with a Beauty Loop card and identification number. MECCA Brands will use these cards and corresponding numbers for identification purposes. Beauty Loop cards are not debit, credit or charge cards, are not transferable and remain the property of MECCA Brands. Only one card will be issued to each customer. Cards are not transferable and must only be used by the original recipient and is not to be used for the benefit of any third party. No supplementary cards will be made available to customers.
Any rewards or offers communicated as part of the Beauty Loop may include specific offer terms and conditions, including expiry dates. You should read these terms and conditions. Only customers who receive Beauty Loop offers or rewards communication from MECCA Brands are eligible to use / redeem these rewards. All offers or rewards, and the benefits they offer, are not transferable. Customers must present a Beauty Loop card in store (or another form of acceptable identification), and any other form of redemption that may be required in order to redeem any such rewards or offers.
All Beauty Loop rewards or offers are subject to availability. MECCA Brands is not liable for any reward or offer not being available for any reason.
You should advise MECCA Brands of any change of name, address, contact number or email address by Contacting Us or 1800 007 844. MECCA Brands is not responsible for any failure by you to notify us of the change, which may result in you not obtaining the benefit of Beauty Loop communications and rewards or the loss or downgrade of a Beauty Loop status. Changes to your details can be made in store or on the website at mecca.com.au. Identification must be provided to change any details.
MECCA Brands may immediately suspend or terminate your participation in the Beauty Loop program if you: (a) have breached these Terms and Conditions; (b) have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to MECCA Brands, the Beauty Loop program or your Customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of MECCA Brands (e.g. shoplifting); (d) you have supplied or are attempting to supply false or misleading information; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any award or benefit other than in accordance with these Terms and Conditions; (f) act in a hostile, abusive or aggressive manner towards any MECCA Brands staff; or (g) become bankrupt.
Where your right to participate in the Beauty Loop program is suspended or terminated, any benefits and rights you may have at that time under the Beauty Loop program shall thereby suspend or terminate (as the case may be).
All conditions and warranties, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under, or pursuant to, the Beauty Loop program ("Warranties"), are excluded to the extent permitted by law. Any liability we may have to you under Warranties which cannot be excluded is limited to any of the following at MECCA Brand's option:
Except as provided in any law which cannot lawfully be excluded or modified by agreement, MECCA Brands does not accept any liability whatsoever including for negligent acts and omissions, with respect to: (a) any death or injury; (b) any indirect or consequential loss or damage arising from the supply of the Beauty Loop card, reward, offerorbenefit or gift; (c) the loss, theft or destruction of a Beauty Loop card or any other reward, offerorbenefitor gift; (d) any delay in replacing a reward or benefit or unauthorised use of any reward, gift, benefit or Beauty Loop; and (e) any failure, delay or inability of MECCA Brands to provide a Beauty Loop card, reward orbenefitor gift to you caused by circumstances beyond its control, including, without limitation, strikes or industrial disputes, acts of God, flood, weather, war or civil disturbance.
All conditions of the promotion must be met. Offer qualifiers can change at any time based on units per order or spend thresholds. Offers will automatically be added to your order at the my bag page. Offers are limited while stocks last. One application per customer, per order.
MECCA Brands can withdraw offers at any time.
Your offer code is valid for one transaction only on orders within Australia. Codes are valid only for the period specified and will end at 11.59pm AEST on the end date. We reserve the right to withdraw or cancel promotional codes for any reason at any time. Promotional codes are and remain at all times, the property of Mecca Brands Pty Ltd. For any queries please call customer service 1800 007 844.
Your free shipping offer is valid for one transaction only on orders delivered within Australia. Free shipping offers are valid only for the period specified and will end at 1.59am AEST on the end date. Orders placed on days with free shipping offers are not eligible for our 2pm same day dispatch guarantee. We reserve the right to withdraw or cancel promotional offers for any reason at any time. For any queries please call customer service 1800 007 844.
Sale of items during Mecca pre-sale will be limited to a max order quantity per customer, per order. This max order quantity can be determined by Mecca at any time and will not be greater than 3 units per order. Please note offer periods are subject to product availability and will terminate early once sold out. MECCA Brands can withdraw offers at any time.
Employees of MECCA Brands, and any customer of MECCA Brands who is eligible for "corporate discounts" or "family discounts" are not eligible to participate in the Beauty Loop program and any corresponding offers / rewards are not eligible to be used by employees.
MECCA Brands may choose to change the Beauty Loop program elements or cease running MECCA Beauty Loop at any time (without any liability). MECCA Brands will use reasonable endeavours to give advance notice to all customers who are a part of the Beauty Loop program of any changes (whether via its website or otherwise) but it is not under any obligation to do so.
A notice or communication shall be deemed to be given by MECCA Brands to you if it is sent to your postal or electronic address registered in your Client file.
Please visit our website mecca.com.au/BeautyLoop/ for the latest version of these Terms and Conditions.
You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Beauty Loop program, your participation in the Beauty Loop program, Beauty Loop rewards offered or any other transaction within, or arising out of, the Beauty Loop program.
These Terms and Conditions, and your participation in the Beauty Loop program, is governed by and will be construed in accordance with the laws of the State of Victoria, Australia irrespective of where the application for your Client file has been completed. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions, and your participation in the Beauty Loop program, you submit to the non-exclusive jurisdiction of the Courts in the State of Victoria.
If you have any questions regarding these Terms and Conditions, please Contact Us.
a participant in the Australian program making a purchase via our New Zealand online store will not receive the benefit of such purchase in its Australian program spend; and
a participant in the New Zealand program making a purchase via our MECCA Australian Online Store will not receive the benefit of such purchase in its New Zealand program spend.
Beauty Loop spend excludes returns, refunds, delivery charges, and the purchase of gift cards. Beauty Loop spend includes GST.
in the case of goods, supplying, or paying the cost of supplying, the goods again or repairing, or paying the costs of repairing, the goods,
in the case of services, supplying, or paying the cost of supplying, the goods again.
in the case of any claim relating to points, to crediting that number of points to the customer's account;
in the case of any claim relating to a reward, to crediting the number of points redeemable for that reward to your Beauty Loop program account.
MECCA offers free Startracks Premium Express delivery on orders over $75.
Orders received before 2pm AEST, Monday to Friday - We will dispatch your order from our warehouse on the same day.
Orders received after 2pm AEST, Monday to Friday - We will dispatch your order from our warehouse the following business day (Monday - Friday).
Please note: shipping times are a guideline, and subject to change based on order volume, promotional periods, wild weather, or unforeseen or unavoidable events beyond Mecca’s reasonable control.