ACKNOWLEDGEMENT AND ACCEPTANCE
These Terms + Conditions govern your access and use of our website (www.mirjetacollective.com.au) and related services including the ordering, purchase and delivery of items from our website and subscriptions to our online newsletter (collectively, our ‘Website’).
This Website and all content on the Website is operated and owned by Mirjeta Colective (ABN 67 672 487 349) of POBox 7232 Urangan, Hervey Bay, QLD, Australia, 4655 (‘Mirjeta Collective’, ‘we’, ‘us’ or ‘our’).
By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
PERSONAL INFORMATION AND PRIVACY
When ordering a Mirjeta Collective product you must provide Mirjeta Collective with your personal information or that of a gift recipient. You warrant that the information you provide Mirjeta Collective is accurate, complete and up-to-date and that you will inform Mirjeta Collective of any changes to that information. You also warrant that you have the authority to provide us with the information that you disclose.
If you create a Mirjeta Collective customer account, you are responsible for maintaining the confidentiality and security of your account, including your email address and password and you further acknowledge and agree that you will not disclosure these details to any person not duly authorised by you. You are solely responsible for all activities that occur on your account and under your email address and password.
You agree that you will immediately notify Mirjeta Collectiveof any unauthorised use of your account, email address or password.
You may only use the Website and the content on the Website for personal purposes unless Mirjeta Collective provides express written consent to your proposed use.
You agree that you will not use the Website to:
a) commit or encourage a criminal offence;
b) transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website;
c) corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights;
d) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
e) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
PLACING AN ORDER ON THE WEBSITE
When you place an order for a Mirjeta Collective product, Mirjeta Collective will immediately process your payment. If your payment is successful, Mirjeta Collective will send you an acknowledgement email confirming your order. Mirjeta Collective retains the right, in its sole discretion, to cancel or refuse any order.
Once your order has been placed you cannot cancel the order. Please note that once you have placed an order we are unable to cancel an order or stop an order from being dispatched at your request.
While we have made every attempt to show textures, appearances and colours of our items as accurately as possible, product images may vary from the delivered product depending on your monitor, settings and computer equipment. Mirjeta Collective is not responsible for any such variations in respect of your order. However, if an item is materially different from the representation on the Website, you may be entitled to a refund or exchange under the Australian Consumer Law.
Unless otherwise stated, any additional items and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the product title and description before purchasing anything from our Website.
All orders are made subject to availability. Mirjeta Collective is an exclusive swimsuit brand. Whilst we use our best efforts to ensure that items are available for delivery, there may be some circumstances where items are unavailable.
If we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order, or reject part of your order, on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date (or an alternative product).
You will be charged in full at the time of ordering a Mirjeta Collective product by supplying Mirjeta Collective with a valid credit or debit card issued by a bank acceptable to us, using Afterpay or a valid PayPal account or by redeeming Mirjeta Collective Credit or Gift Vouchers and an Australian Bank Account.
Whilst we try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. See our Returns Policy for more details.
All prices are in Australian Dollars (AUD). Delivery costs may be charged in addition to the cost of the product and these are clearly displayed and included in the ‘Total’ (where applicable).
You acknowledge that we will perform standard security checks on the payment details you provide to us and that we will process all credit card or debit card payments using Shopify Fraud Protection. In the event of unusual activity, Mirjeta Collective reserves the right to temporarily or permanently suspend payment via your credit card or debit card and we may contact you, your bank or any other relevant third party to report such unusual activity.
We want to make your shopping experience as seamless as possible so to make things easy we accept all major credit cards including Visa, MasterCard and American Express. We also allow payments via Paypal and Afterpay.
RISK AND TITLE
Risk and title in the items will pass to you upon delivery of the items.
We will use reasonable endeavours to respond to all emails within 48 hours. Our customer service team can be contacted via our contact us page.
Where legislation implies any mandatory term, condition or warranty or requires adherence to provisions that may not be excluded by contract including the consumer guarantees, Mirjeta Collective liability for breach of such term or consumer guarantee is limited, at our option, to:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods; or
d) the payment of the cost of having the goods repaired.
To the extent Mirjeta Collecitve liability cannot be excluded, Mirjeta Collective maximum liability to you will be limited to $250 where permissible at law. These Terms do not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
Release and indemnity: You agree to release and indemnify and hold Mirjeta Collective and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Website, or a party acting on your behalf or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
Waiver: Any failure by Mirjeta Collective at any time to enforce these Terms or any of its rights will not be a waiver of such rights, or affect the validity of these Terms.
Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our reasonable control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Mirjeta Collective will not be held liable for any delay or failure in performance of any part of our services to you.
Severability: If any clause or part of a clause of these Terms is not valid or enforceable it will be severed and the remainder of these Terms will continue to have full force and effect.
Jurisdiction: These Terms are governed by the laws in force in the state of Queensland. The parties irrevocably submit to the exclusive jurisdiction of the courts of Queensland to determine any dispute concerning these Terms.