TERMS & CONDITIONS
These are the terms and conditions by which We will agree to supply any of the Products listed on Our Website.
By entering the Website located at www.mishaworld.com and by purchasing Products (collectively Products and each a Product) from Misha Collection through the Website you accept the terms and conditions set out below (Terms) without modification and agree to be bound by the Terms.
If You do not wish to be bound by the Terms You should not purchase Products from the Website.
If You have any queries regarding these Terms, please contact email@example.com
We reserve the right to modify the Terms at our absolute discretion from time to time without individual notice to You. You will be deemed to have accepted any modifications if You continue to purchase Products from the Website after the amended Terms have been posted.
(a) Carrier means the postal carrier nominated by Us to deliver Products to You.(b) GST means any tax, levy, charge or impost implemented under the A New Tax System (Goods and Services Tax) Act (GST Act) 1999 or any Act of the Parliament of the Commonwealth of Australia substantially in the form of, or which has similar effect to the GST Act.
(c) Order means a purchase order for Products using the online ordering process.
(d) Returns Policy means the conditions pursuant to which We will accept the return of Products delivered to You.
(e) Us, We, Our are all references to Misha Collection Pty Ltd ACN 169 328 376.
(f) You or Your is a reference to a purchaser of Products from the Website.
- Purchaser Legal Age
(a) You must be over the age of 18 years to place an Order through the Website.
(b) If You are under 18 years of age, You may only use this Website with the consent and involvement of a parent or guardian.
- Entire Agreement
(a) These Terms apply to all Orders made pursuant to the Website. They supersede any other terms stipulated by You, whether in any Order or during negotiations or any course of dealing established between You and Us.
(b) All descriptions, illustrations and indications or prices of Products provided on this Website or otherwise communicated to You are for guidance only and intended merely to present a general idea of the Products. Nothing contained in any such description, illustration, indication or price shall form part of these Terms.
(c) No other terms or changes to these Terms shall be binding on Us unless agreed to in writing and signed by Us.
- Purchase Contract
(a) You can purchase Products on the Website, by selecting the Products You wish to purchase and placing an Order.
(b) An Order by You constitutes an offer to Us to purchase the specified Products, and remains open as an offer until We accept or decline the Order.
(c) Any acknowledgement of Your Order by Us is simply for the purposes of providing You with an Order reference number and is not an acceptance of Your Order.
(d) On completing an Order, You will be required to pay for the Products in full by supplying Your credit or debit card details and authorising Us to recover the payments due to Us.
(e) We will not be obligated to supply Products ordered by You until We have received payment in full.
(f) If You pay for a Product by way of a credit or debit card or pay pal account, You must be entitled to use that card or account.
(g) You warrant that all information supplied by You for the purposes of making an Order is correct.
(h) If You breach the warranty contained in clause 4(r) We reserve the right to decline an Order, or refuse to supply the Products.
(i) If We decline, refuse or cancel an Order for which payment has been received, We will refund the payment in full but shall have no further obligations or liabilities.
(j) Our acceptance of Your offer comes into effect when Your Order has been despatched by Us, and a confirmation email has been sent to You.
(k) Nothing in these Terms affects Your statutory rights (including the right to insist that Products purchased from Us correspond to their description, are fit for their purpose and are of satisfactory quality).
(a) We will specify the price of the Products on the Website. You acknowledge that the prices quoted on the Website are indicative only and are subject to change.
(b) All prices on the Website are:
(i) inclusive of GST;
(ii) exclusive of postage and packing. A summary of these charges can be located on the Shipping page of the Website.
(c) You acknowledge the final purchase price payable by You is the amount specified at the end of the Order process and includes GST and applicable delivery charges.
(d) First customer discount is only valid for full price items
- Delivery And Availability
(a) All Products are subject to availability.
(b) We will notify You if a Product is unavailable at the time of processing Your Order, and if applicable will refund any payment made by You.
(c) When We provide You with an Order confirmation, We will provide You with a date on which we anticipate the Products will be delivered to You (Estimated Delivery Date).
(d) We will use best endeavours to supply the Products purchased by You on the Estimated Delivery Date, however You acknowledge that We cannot guarantee that the Products will be delivered on the Estimated Delivery Date.
(e) It might not be possible for Us to deliver the Products to Your nominated address. If this is the case, We will inform You using the contact details You provided to Us when You make Your Order and arrange for cancellation of the Order or delivery to an alternative address.
(f) You are responsible for ensuring that You are available to receive the Products.
(g) Local, inter-State and International Orders will be processed and shipped in accordance with Our choice of packaging, Carrier and delivery procedures as set out on the Shipping page.
(h) We will nominate the Carrier who will be responsible for delivery of Products purchased by You.
(i) We will instruct the Carrier to deliver the Products to the address specified by You in Your Order.
(j) You hereby irrevocably appoint the Carrier to be Your agent for the purposes of taking delivery of Your Products on Your behalf, and deliver those Products to You.
(k) We shall not be liable to You, or in breach of these Terms by reason of any delay in delivery of the Products, where the delay was due to any cause beyond Our reasonable control, including but not limited to:
(i) an unreasonable refusal by You to accept delivery; or
(ii) a delay on behalf of the Carrier.
(a) On delivery, You must inspect the Products as soon as is reasonably practicable.
(b) We will accept returns of Products strictly in accordance with Our Returns Policy.
(c) Products not dealt with in accordance with Our Returns Policy are deemed to be:
(i) In accordance with the Order;
(ii) Free from any defect apparent on reasonable examination; and
(iii) Accepted by You.
- Cancellation By Us
(a) We reserve the right to cancel an Order if a Product is not available for any reason.
(b) If We cancel an Order for this reason, We will notify You and return any payment You have made.
(c) Refunds will be made using the method of payment used by You.
- Cancellation By Purchaser
(a) You cannot vary or cancel an Order without Our prior written consent.
(b) If You wish to cancel Your Order, please contact Our Customer Service Team by writing to firstname.lastname@example.org.
- Title and Risk
Title and risk in the Products passes to You when the Products are delivered to You or when the Products are in Your possession, whichever occurs first.
- Force Majeure
(a) We are not liable for failure to comply with these Terms if the failure (directly or indirectly) arises out of any circumstances which are not within Our reasonable control. If such circumstances occur, We may delay or cancel delivery of the Products.
(b) The circumstances which are taken to be beyond Our reasonable control include, without limitation, strikes, lock‑outs, accidents, war, virus, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any Order or direction of any local, state or federal government, government authority or instrumentality.
(c) We are not obliged to remedy such circumstances. We are especially not obliged to settle any strike, lock‑out or any other kind of labour dispute.
(d) Nothing in this clause 11 releases You from any obligation to pay Us in accordance with these Terms, or otherwise comply with these Terms.
- Implied Terms
(a) We acknowledge that under applicable State, Territory and Commonwealth law(s), certain statutory implied guarantees and warranties will be implied into these Terms (Non- Excluded Guarantees).
(b) We further acknowledge that nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
(c) Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, We make no warranties or other representations under any contract with You or these Terms and Our liability in respect of these warranties is limited to the fullest extent permitted by law.
- Limitation of Liability and Indemnity
(a) Our 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 damage. You are also entitled to have the Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. This warranty against defects is given in addition to other rights and remedies of the consumer under law.
(b) Subject to sub-clause 13(a) above or as required by law, the Products are provided without any express or implied representation or warranty, and all implied conditions and warranties relating to the Products are excluded.
(c) Subject to this clause 13 and to the extent permitted by law, Our liability for a breach of a Non-Excluded Guarantee in relation to the supply of Products other than goods of a kind otherwise acquired for personal, domestic or household use or consumption is limited to (at Our option):
(i) the replacement or repair of the Products; or
(ii) the payment of the cost of replacing or repairing the Products.
(d) Other than as provided in this clause 13, We shall not be liable for any loss or damage (including any consequential loss or damage, which includes without limitation, loss of profit or loss of revenue) of any kind whatsoever, even if due to Our negligence.
(e) Subject to clause 12 (Implied Terms), You acknowledge that You do not rely upon, and it is unreasonable for You to rely upon Our skill or judgment as to whether the Products supplied are reasonably fit for any purpose for which they are being acquired.
(f) Subject to clause 12 (Implied Terms), You agree to indemnify Us from every liability, loss, damage, cost or expense directly or indirectly incurred or suffered by Us caused by or contributed to by any of the following:
(i) Your, or any third party associated with You failing to:
(A) comply with any law about the Products or their use;
(B) take any reasonable precaution to detect any matters in relation to which We may become liable in any way (for example, under Australian Consumer Law);
(C) provide correct information to Us; and
(D) immediately advise Us (in writing) of any changes to the information provided to Us.
(ii) You making any statement about the Products (for example, about their performance or characteristics) without Our prior written approval.
(g) Subject to clause 12 (Implied Terms), and except to the extent otherwise specified by law:
(i) We will not be liable for any loss or liability, however caused which may be suffered in connection with the supply of Products under these Terms;
(ii) We will not be held liable for incidental, indirect or consequential damages, including damages for loss of opportunity, loss of business or loss of profits.
- Governing Law and Jurisdiction
(a) These Terms of sale are governed by the law in force in the State of Victoria.(b) Each party submits to the non‑exclusive jurisdiction of the courts exercising jurisdiction in State of Victoria, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms, and waives any right it might have to claim that those courts are an inconvenient forum.
(a) Our rights may only be waived in writing, signed by Us.
(b) No other conduct by Us (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right.
(c) A waiver of a right by Us on one or more occasions does not operate as a waiver of that right if it arises again.
(d) The exercise of a right by Us does not prevent any further exercise of that right or of any other right.
Any provision of these Terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these Terms enforceable, unless this would materially change the intended effect of the Terms.