www.mimigifts.au is a website operated by Personalised Gifts By Mimi (“we”, “us” and “our”).
If you place an order for a Product on our website (a “Product”), We make the Products available for purchase (including by taking orders and collecting payment)
When you place an order to purchase a Product via this Website, we issue an email acknowledgement of order. The contract between you and us will relate only to those goods and/or services notified in the email acknowledgement of order.
If we accept your order for the purchase of a Product, then the following terms apply to the agreement with the us relating to that purchase.
1. Payment
(a) You agree to pay the purchase price specified on the website at the time that you place your order for the purchase of a Product, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping and any insurance charges will be separately shown.
(b) If the goods are being shipped to an address that is not in our database (which you purchase the Product or when you create My Account) you or the addressee will be responsible for paying any other sales.
(c) We use WooCommerce payment system. You can pay for the Product online by credit card, PayPal and AfterPay. Your payment will be processed upon receipt of your order. The credit cards that are accepted from time to time will be described on the website. A transaction fee may apply for the use of certain credit cards, PayPal, and where this is the case, this will also be described on the website.
2. Cancellation of orders
(a) The Seller may cancel an order that it has already accepted if the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
(b) While we endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and we may also cancel an order that it has accepted in such circumstances.
(c) Unforeseen supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in shipping your order, we will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when we ship the Product to you.
(d) You may also cancel an order, if we breach of these terms.
3. Delivery
(a) We will normally ship the Product within 3 to 14 Business Days, unless otherwise noted in the Product description. Any delivery times displayed on the website are estimates only, based on the information provided by its shipping company.
(b) Australia Post or other couriers will deliver the Product to the place of delivery you specify when making your order.
4. Returns
Please refer our Refund and Returns policy.
5. Licence to use the content on this Website
(a) You acknowledge that this Website and all related content is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).
(b) We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes.
(c) We (or our licensors) retain all right, title, and interest in and to this Website and all related content, and nothing you do on or in relation to this Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.
(d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce this Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Website without notice.
(f) If purchasing products containing liquor, you must be over 18 and agree to all relevant legislations and acts for each respective Australian state and territory in respect of the specified premises that are the subject of each respective licence.
6. General restrictions
(a) You MUST NOT disclose to any other person any username and password that we give to you. We will assume that any use of this Website made using that username and password is you, and you will be responsible for any such use, except where you have notified us under paragraph (b).
(b) You must notify us if you become aware of any improper use or disclosure of your username and password, in which case we will allocate a new username and password to you.
(c) In using this Website, you must NOT:
(i) provide us with inaccurate or incomplete information;
(ii) violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;
(iii) impersonate any person;
(iv) distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(v) collect or store personal data about other users of this Website; or
(vi) engage in any other conduct that inhibits any other person from using or enjoying this Website.
7. Information provided by Sellers
We add as much as enough product details for each item in the ‘Description’ and ‘Additional Information’ area below each item. If any question about product details, please contact us on [email protected]
8. Warranties and liability
(a) If any Product fails to comply with the following promises within 07 days of your receipt of the Product, you may return the Product to us for a full refund as described in section 4 above:
(i) each Product will comply in all material respects with any descriptions given on this Website;
(ii) unless otherwise noted, where the Products are items of clothing they will be new and not second-hand; and
(iii) each Product will be in saleable condition (subject to any defects described on this Website prior to purchase).
In addition, if the Australian Consumer Law applies to our sale of a Product to you, we provide you with notice of the following guarantee 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or a Product that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
(c) Nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the Australian Consumer Law, which (as described above) contains guarantees which operate to protect the purchasers of goods and services in various circumstances).
(d) If any guarantee term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and we are able to limit your remedy for a breach of such a Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to our obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of the Seller for all claims under or relating to these seller terms or a Product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:
(i) AUD$100; and
(ii) the amounts paid by you to us as a result of the purchase of a Product.
In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us under any Non-Excludable Provision.
(f) Subject to our obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
9. Variation of this Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all this Website.
10. Privacy policy
In using this Website, you may give us personal information in which you have certain rights. By using this Website, you grant us consent to use your personal information in accordance with our privacy policy, which forms a part of these terms and conditions.
11. General
(a) Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
(b) If any part of these terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(c) These terms are governed by the laws of New South Wales, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
(d) These terms constitute the entire agreement between the Seller and you in relation to the Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the Seller and you in relation to the Products.
(e) Your purchase of the Products is conducted electronically, and each party agrees that the other may communicate with it electronically for all aspects of any Product purchase, including by sending electronic notices.
(f) The provisions of these terms which by their nature survive termination or expiry of these terms will survive termination or expiry of these terms.
(g) The term “including” when used in these terms is not a term of limitation.
(h) Contact us at [email protected].
Last update : 14 JAN 2024
