Minit Australia Pty Ltd (ACN 000 328 825)
GENERAL TERMS AND CONDITIONS OF SALE
These terms apply from14/12/2017
This website, www.misterminit.co
(“Website”) is operated by Minit Australia Pty Ltd (ACN 000 328 825) (“we”, “us”, “our”) from Sydney Australia.
The customers (“you”, “your”) access to this Website, including any browsing, using or purchasing by you is subject to these terms and conditions (“Terms and Conditions”), and by accessing this Website you agree that:
- You have read these Terms and Conditions;
- You are bound by the Terms and Conditions on this page as updated from time to time, and any other terms on this Website that you may be required to accept prior to proceeding with placing an order;
- Your use of this Website will be subject to any applicable laws in the jurisdiction of New South Wales; and
- You have the legal capacity to agree to these Terms and Conditions.
If you do not or cannot agree to the above then do not use this Website.
- OUR PRODUCTS
- Any products or goods sold on our Website from us to you (“product”, “products”) are sold in their original condition.
- We provide services on our Website that allow our products to be customised with engraving (“service”, “services”). Our services include customisation to the words, font, size and location of the engraving on the product, and an example or preview will be shown to you (“Proof”) prior to purchasing.
- By viewing the Proof, adding a customised product to your cart and proceeding to checkout, you agree that you are satisfied with the final product and have been alerted to any issues or defects with the product or service we have provided prior to placing an order.
- Subject to clause 6 and your rights under Australian Consumer Law any customised products ordered by you are non-refundable including if there are errors in the engraving to the words, font, size or location of the engraving. If the product ordered contains defects but not in the engraving or customising of the product, or if there are defects in the product and engraving other than the customising then you will be entitled to a refund or replacement of that product and service.
- PRODUCT INFORMATION
- We make every effort to describe and present the products on the Website as accurately as possible. We do not provide guarantees that the product information received or interpreted by you from our Website is accurate or complete, due to a range of factors that may influence what is communicated to you including the device or screen quality upon which the product is viewed.
- Product information in the form of images, descriptions and specifications may be updated from time to time. Any information provided in relation to a product is provided for your convenience only and should not be relied upon by you in place of making your own enquiries regarding the suitability of the product for your circumstances.
- PRODUCT AVAILABILITY
- While we make every effort to keep information on the Website up to date regarding stock availability and services provided by us, we are unable to guarantee that your requested product will be in stock at the time of purchasing, or that your required service will be available. We also reserve the right to discontinue stocking a product despite it being shown as available on the Website.
- If there is product or service that has been ordered by you but is no longer available, we will cancel your order for the product or service and send you an email notifying you that the product or service is no longer available. If there are other products or services requested in your order, we will folfil the remainder of the order unless you notify us immediately that you wish to cancel the entire order.
- We reserve the right to fulfil the orders with products of an altered design, or with products of an equivalent performance and quality.
- We may at any time, without cause, in our sole and absolute discretion, terminate the services to be provided to you. Unless we have an entitlement to suspend or cancel any pending product and/or services transactions (such as under these terms and conditions) all transactions commenced before any suspension or termination will be completed.
- You may, at any time, without cause, suspend or terminate your order prior to your order being confirmed. However once an order has been lodged by you on our Website, any incomplete service or delivery instructions or payment liabilities which exist at the time of any such termination must be completed and effected in foll irrespective of any such termination.
- PAYMENT & PRICING
- You must make full payment at the time you place an order with us for any of our products or services. No services will be provided and no products will be shipped until we receive full payment.
- Your request for the products and/or services constitutes an authorisation by you to us to debit your account, or nominated credit card (using PayPal, SecurePay or other methods that may be available from time to time), with the value of the products and/or services, postage and other charges applied.
- Any delivery or completion times quoted are estimates given without engagement and may be extended where our suppliers or subcontractors are delayed in the execution of the work due to unforeseen circumstances.
- We shall not be liable for any loss, injury, or damage caused by or consequent upon any delay in delivery or non-delivery of materials or parts for any cause whatsoever. Our liability for any breach of an implied term under Section 62 of the Australian Consumer Law is limited in accordance with Clause 7
- We may extend the time for delivery if the products kept in stock at the time you place an order with us are subject to a sale prior to the order being placed.
- We reserve the right to deliver and invoice any item or items comprising the whole or part of an order for products and/or services prior to any delivery or completion time quoted in respect of such order.
- If you fail or refuse to take delivery of the products, then in addition to all our other rights and remedies, you shall be liable for all loss and damage (including transit, storage, consequential loss and damage) suffered or incurred by us as a resolt thereof and we, at our discretion, may charge a restocking fee.
- The cost of delivering the products to you (“Delivery Price”) is in addition to the Purchase Price, and is payable solely by you.
- An estimate of the Delivery Price will be given to you at the time of you placing an order with us. You agree that this is an estimate only, and that the actual cost of the delivery of the products may vary, and you agree to pay the actual Delivery Price for the products.
- The products will be delivered only to the delivery address. Acceptance of the products by any of your agents or employees at the delivery address shall be sufficient for us to leave the purchased products at the delivery address.
- The products, at all times, are purchased and delivered at your risk. We shall not be responsible in tort or contract or otherwise for any loss or damage to or deterioration of the products or mis-delivery or failure of delivery or delay in delivery of the products, whether arising through our negligence or otherwise.
- Products in transit and after delivery must be at your risk. Insurance will not be arranged by us. You may insure against loss or damage of the products in transit.
- Unless otherwise stated you are responsible for all freight and delivery costs.
- Any claims for errors or shortages must be notified to us within 3 days of your receipt of the products. Such notification shall be a condition precedent to our liability for such errors or shortages.
- CANCELLATION AND RETURNS
- The products 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 the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. The term “major failure” has a defined meaning under the Australian Consumer Law.
- No additional express warranty for defects or otherwise is provided by us. However you may rely upon your statutory rights and remedies under the Australian Consumer Law.
- You are not entitled to a refund after placing an order for simply changing your mind. In placing an order, you are acknowledging that you have reviewed the information and detail we have provided as to the appearance of the products. This includes custom made products or products customised or altered at your request.
- You are not entitled to a refund if you were alerted to or made aware of any fault by us before you bought the products. This will include if you were shown a proof of your product prior to purchasing the product.
- You are required to check that the products are of acceptable quality and match the description or sample of the products immediately once received or collected.
- You are entitled to a refund of the Purchase Price (but not the Delivery Price) if the product is returned to us within 7 days, is properly packaged or in its original packaging and is in a saleable condition (without any damage, wear or tear and able to be resold). This excludes any products that have been customised at your request.
- If the products are faulty, were damaged in transit, wrongly described, different from the sample or proof or unfit for their usual purpose or intended and disclosed purpose, we will refund the delivery charges and at our cost will provide any replacement item to you, provided that the item is returned to us within 7 days. If we assess that the products are faulty due to neglect, abnormal use, or such other action by you or an accident that happened after you purchased the products then you must pay all delivery charges and we will not refund any part of such delivery charges.
- You will normally receive any refund within 5-10 business days after we have received the returned products and emailed you to tell you that we are satisfied that it meets our Terms and Conditions.
- If we assess that the returned products do not satisfy these Terms and Conditions as to being faulty or damaged in transit, we will contact you and then return the products to you. You must pay the delivery charge for us to return the products.
- You may contact us in relation to claims at the address specified on these Terms and Conditions.
- To the extent permitted by law, we make no warranties or representations to you except to the extent of these Terms and Conditions.
- We shall in no circumstances be liable for direct or indirect or consequential loss or damage by delay or any other cause whatsoever and howsoever caused.
- Without prejudice to the foregoing, if we are found liable any such breach, shall be limited, at its sole discretion, to:
- The replacement of the products or services or the supply of equivalent products or services;
- The repair of the products;
- In the case of services, the supplying of services again; and
- A maximum liability of $100 in total.
- Where any legislation is applicable or where we are otherwise found to be in breach of our obligations under these Terms and Conditions or negligent, our liability for any loss of or damage to or in connection with the products are expressly limited as set out in this Clause 7.
- Subject to this Clause 7 you agree regardless of the act or negligence on our part, our employees, servants or agents or any of our subcontractors to release hold harmless and indemnify us from and against all liabilities claims damages losses costs and expenses of any nature howsoever occurring including but not limited to wilfol misconduct which may accrue against or be suffered by us arising out of or in any way connected with the performance of the services.
- You agree that you will not make any claim against the directors of Minit Australia Pty Ltd (ACN 000 328 825), its servants, agents or employees for or in respect of damage, injury or loss, however caused and whether or not caused by their negligence or of any other person or by any defect in the products.
- VARIATION OF WEBSITE &TERMS
- We reserve the right to update or change these Terms and Conditions from time to time at our discretion and without any prior notice to you. The date of the last update to these Terms and Conditions will be posted at the top of this page and you agree to be bound by the Terms and Conditions applying when using this Website.
- We reserve the right to make updates and changes to the Website including our products, services and payment methods from time to time and at our discretion.
- GENERAL TERMS
- These terms and conditions cannot be waived or modified unless we explicitly waive or modify them in writing and such waiver is signed by us or an authorised agent.
- These Terms and Conditions shall be construed as not to infringe the provisions of any Act whether State or Federal, but if any such term or condition on its true interpretation does infringe any such provision or is otherwise unenforceable that term or condition shall be void and severable to such extent as may be necessary to ensure that it does not so infringe and so that it is not unenforceable.
- This agreement supersedes all prior agreements and understandings and to the extent permissible by law any implied terms or representations are expressly excluded or negatived.
- Force Majeure. We shall not be liable for any failure to fulfil or any delay in fulfilling any obligation arising from this agreement if the failure or delay has been caused directly or indirectly by any Force Majeure Event or any other cause beyond our reasonable control and not a consequence of our negligence
- Any notice that is to be given either to us or to you under these Terms and Conditions must be in writing and must be sent by post, facsimile or email to the address of that party shown in the Purchase Price.
- Notice is deemed to have been given at the time it woold have been received in the normal course of post if sent by post, or if otherwise given at the time it was actually received.
- Jurisdiction. These terms and conditions are governed and must be interpreted in accordance with the laws of New South Wales. You unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
- The rights and remedies provided in these terms and conditions will not affect any other rights or remedies available to us.
- If you would like to contact us in relation to these terms and conditions, or would like to arrange a refund please send us an enquiry using the following details:
- Phone: 1800 786 086
- Email: firstname.lastname@example.org
- Address: MINIT Australia Pty Ltd
Unit 2, Riverwood Business Park
92-100 Belmore Rd North, Riverwood NSW 2210