Terms and Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Miss Mr
Our address is:
8 Lilac Street
You are: a visitor to Our Website / our customer
The terms and conditions:
In this agreement:
means any person or business contracted by us to carry Goods from us to you.
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means any content in any form published on Our Website by us or any third party with our consent.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
means any website of ours, and includes all web pages controlled by us.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
In this agreement unless the context otherwise requires:
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4. except where stated otherwise], any obligation of any person arising from this agreement may be performed by any other person.
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, (such cost calculated $50 per hour).
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
4.3.1. accept the alternatives we offer;
5. Price and Payment
6. Security of your credit card
We take care to make Our Website safe for you to use.
6.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7. Delivery and pick up
7.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
7.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
8. Foreign taxes and duties
9. Liability for subsequent defects
9.1.1. the defect must be reported to us within two weeks of becoming apparent;
9.2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
10. Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
11.2. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
11.4. We give no warranty and make no representation, express or implied, as to:
11.4.2. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
11.4.3. the correspondence of the Goods with any description;
11.4.4. the adequacy or appropriateness of the Goods for your purpose;
11.4.5. the truth of any Content on Our Website;
11.4.6. non-infringement of any right.
11.5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
12. Your account with us
12.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
12.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
13. Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
14. Your Posting: restricted content
In addition to the restrictions set out above, a Posting must not contain:
14.1. hyperlinks, other than those specifically authorised by us;
15. How we handle your Content
16. Removal of offensive Content
16.3. If you are offended by any Content, the following procedure applies:
16.3.1. Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
16.3.3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
16.4. We may re-instate the Content about which you have complained or not.
16.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
17. Security of Our Website
You now agree that you will not, and will not allow any other person to:
17.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
17.3. download any part of Our Website, without our express written consent;
17.4. collect or use any product listings, descriptions, or prices;
17.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
17.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
17.7. share with a third party any login credentials to Our Website.
17.8. Despite the above terms, we now grant a licence to you to:
17.8.1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
17.8.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.
18.1. your failure to comply with the law of any country;
18.2. your breach of this agreement;
18.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
18.4. a contractual claim arising from your use of the Goods;
18.5. a breach of the intellectual property rights of any person.
19. Intellectual Property
19.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
19.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
19.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
20. Miscellaneous matters
20.2. Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods.
20.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
20.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
20.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
20.8. This agreement does not give any right to any third party.
20.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
20.10. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
20.11. The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales.