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Terms &  conditions

1. About the Website

  • Welcome to mimshackshop.com (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).

  • The Website is operated by Mimshack Shop. Access to and use of the Website, or any of its associated Products or Services, is provided by Mimshack Shop. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

  • Mimshack Shop reserves the right to review and change, without notice, any of the Terms by updating this page at its sole discretion. When Mimshack Shop updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Mimshack Shop in the user interface.

 

3. Registration to use the Purchase Services

A - In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address

  • Preferred username

  • Mailing address

  • Telephone number

  • Password

 

B - Payment Detail

  • You warrant that any information you give to Mimshack Shop in the course of completing the registration process will always be accurate, correct and up to date.

 

C - Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

 

4. Your obligations as a Member/Customer

A - As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by. the Terms;

  • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services.

  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Mimshack Shop of any unauthorized use of your password or email address or any breach of security of which you have become aware.

  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Mimshack Shop providing the Purchase Services.

  • you will not use the Purchase Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.

  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Mimshack Shop for any illegal or unauthorized use of the Website; and

  • you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

 

5. Purchase of Products and Returns Policy

This Refund Policy (“Policy”) applies to the following purchases: faulty and damaged items:

A - General

  • In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

  • Payment of the Purchase Price may be made through ‘Stripe’ (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

  • Following payment of the Purchase Price being confirmed by Mimshack Shop, you will be issued with a receipt to confirm that the payment has been received and Mimshack Shop may record your purchase details for future use.

  • All orders on Mimshack Shop are processed in AUD.

  • Mimshack Shop reserved the right to change its pricing at any point, without notice as per the discretion of the business owner/s

  • Mimshack Shop reverses the right to issue coupon/discounts at their discretion in accordance with the business owner/s. These include sales, giveaway, and holiday events.

  • We offer refunds and replacements on faulty or damaged items in accordance with the Australian Consumer law. We do not offer refunds for change of mind.

  • Custom Orders where incorrect information has been provided (e.g., incorrect spelling/graphics) cannot be returned.

Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.

B - Australian Consumer Law

  • Under the Australian Consumer Law:

    • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled

    • to cancel your service contract with us; and to a refund for the unused product

    • You are also entitled to choose a refund for major failures with goods. If a failure with the goods does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

    • We offer refunds and replacements in accordance with the Australian Consumer Law.

    • The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.

    • If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.

    • Further information about the Australian Consumer Law and these Consumer

Guarantees is available from the website of the Australian Competition and Consumer Commission.

If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund.

C - Cancellation and Change of Mind

  • We do not offer any refund if you change your mind or find the same product or service cheaper elsewhere.

 

D - Products Damaged During Delivery

  • In the event that the product you ordered has been damaged during delivery:

  • Please contact us as soon as possible.

  • Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.

  • Please contact us prior to arranging return of items, and for office delivery details. Note that postage for returns is the responsibility of the customer for both international and Australian orders . To ensure you receive specific information about your circumstance please contact info@mimshackshop.com

 

E - Exceptions

  • Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product purchased by you if:

  • You misused the said product in a way which caused the problem.

  • You knew or were made aware of the problem(s) with the product or service before you purchased it.

  • You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.

  • Any other exceptions that apply under the Australian Consumer Law.

F - Shipping Costs for Returns

  • If the Returned Product can easily be shipped or returned, then you are responsible for organizing for the Returned Product to be returned to us. If the Returned Product is eligible for replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then please contact info@mimshackshop.com for specific information about your circumstance.

G - Response Time

  • We aim to respond via email to any requests for replacements, or refunds within 2 days of receipt. Please note that replacement items will incur a similar shipping time to the original item. 

H - How to Return Products

  • Please go to Contact us, and send us an email, ensuring you give full details of the problem/s

  • We shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase. It is at our discression to offer an alternative solution.

  • To be eligible for a refund, or replacement, you must provide proof of purchase.

  • You may be required to provide a government issued identification to qualify for   a refund, repair, or replacement.

 

I - Communication re Returns and Damaged Items

If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: info@mimshackshop.com

6 - Delivery

  1. You acknowledge that the Purchase Services offered by Mimshack Shop integrate delivery (the ‘ Delivery Services‘) through the use of third-party delivery companies (the ‘ Delivery Service Providers‘).

  2.  In providing the Purchase Services, Mimshack Shop may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Mimshack Shop is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

  3. In the event that an item is lost or damaged in the course of the Delivery Services, Mimshack Shop asks that you:

    • contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

    • contact us by sending an email to info@mimshackshop.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services. Where the item is supplied by a third-party provider, we will endeavour to find a solution for all parties involved.

7 - Copyright and Intellectual Property

  1. The Website, the Purchase Services and all of the related products of Mimshack Shop are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Mimshack Shop or its contributors.

  2. Mimshack Shop retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Mimshack Shop; or the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

  3. You may not, without the prior written permission of Mimshack Shop and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

8 - Privacy

Mimshack Shop takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Mimshack Shop’s Privacy Policy, which is available on the Website.

 

9 - General Disclaimer

A - You acknowledge that Mimshack Shop does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

 

B - Mimshack Shop will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

 

C - Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

 

D - Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

  • Mimshack Shop will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

E - Use of the Website, the Purchase Services, and any of the products of Mimshack Shop (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Mimshack Shop, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Mimshack Shop (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Mimshack Shop) referred to on the Website. 

 

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

 

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;

  • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

  • costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

  • the Content or operation in respect to links which are provided for the User’s convenience;

  • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10 - Indemnity

  1. You agree to indemnify Mimshack Shop, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

  • any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or any breach of the Terms.

11 - FAQs (Frequently Asked Questions)

All our FAQs are considered part of our terms and conditions for those who use and purchase or visit Mimshack Shop and our social media platforms (Facebook & Instagram)

12 - Contact Us

If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: info@mimshackshop.com

Last Updated: 25th August 2023

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