Terms & Conditions
GENERAL
mimosabyronbay.com is a website that allows consumers to browse, select and purchase products from Mimosa Pty Ltd ABN 72522868367
COMPLIANCE WITH THESE TERMS AND CONDITIONS
The material detailed on this website is copyright © 2022. The content of the pages of this website is for your general information and use only. Your use of the Website is subject to acceptance of these Terms and Conditions.
CHANGES TO THESE TERMS AND CONDITIONS
We may change these Terms and Conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the website after these Terms and Conditions have been modified, you agree to be bound by the changes to these Terms and Conditions. If you have an order that has been accepted by us, the Terms and Conditions that will apply to the order are the Terms and Conditions that apply at the time you placed the order. You should check our website regularly for any updated terms and Conditions.
YOUR GENERAL OBLIGATIONS
You:
• must ensure that your login and password that is used to access the Website and the details of your account are kept in a safe and secure manner;
• must notify us if you become aware that there is or has been an unauthorised use of your login and password or account, or any other security breach relating to your account;
• must promptly advise us of any changes to your information provided to us as part of the customer registration process;
• are responsible and liable for any person that uses your login and password or account to order products through the website; we may charge you for all products that we agree to supply to you that have been ordered using your login and password through the website;
• we may charge you for all products that we agree to supply to you that have been ordered using your login and password through the website.
GENERAL RESTRICTIONS
Wherever you are asked to provide information in connection with the website, you agree to provide true, accurate, current and complete details. You agree not to:
• impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
• modify, access or make available data stored on a computer or device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
• make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
• damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
• use the website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
• publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
• make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
• remove any copyright, trademark, or other proprietary rights contained in or on the website;
• falsify the true ownership of software or other material or information contained in a file made available via the website;
• obtain or attempt to obtain unauthorised access, through whatever means, to the website;
• use the website other than in accordance with these terms and Conditions; or attempt any of the above acts or engage or permit another person to do any of the above acts.
WARRANTIES
You warrant that:
• all information and data provided by you to us through the website or otherwise is true, accurate, complete and up to date;
• the person receiving the products at the relevant delivery address is authorised by you to do so; and you have and will comply with all relevant laws relating to your use of the Website and your placement of any order to us.
DISCLAIMER AND LIABILITY
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We exclude all implied Terms, liability and warranties whether statutory or otherwise, relating to the website or the subject matters of these Terms and Conditions. You acknowledge that the website is provided “as is” and that we do not make any warranty or representation as to the suitability of the Website or any of its products for any purpose. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Nothing in these Terms and Conditions is intended to limit or exclude any liability that cannot be excluded by law.
PLACING AN ORDER
By completing an order form on the website you are making a purchase of a product or products, and authorising us to recover through your credit card payment due to us. Any order placed on the website by you is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order. If we accept your order we will email confirming the order and price of goods. We will communicate with you about your order using email and you agree to provide us with current, complete and accurate details including a valid email address.
ACCEPTANCE OR REJECTION OF AN ORDER
We reserve the right in our discretion to decline to accept any order and/or to supply products to any individual or company, including if the requested product is not available or there is an error in the price or product description posted on the Website or in your order. Each order that is accepted by us creates a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these Terms and Conditions. If we decline to accept, or cancel, an order for which we have received payment, we shall refund the payment, but shall have no further or other liabilities.
STOCK AVAILABILITY
Mimosa Byron Bay attempts to present the availability of stock accurately however stock availability constantly varies and is only valid at the time shown.
DELIVERY OF PRODUCTS
We deliver our products in accordance with our Shipping and Delivery Policy which forms part of these Terms and Conditions. The Shipping and Delivery Policy can be viewed on the Website. By accepting these Terms and Conditions, you acknowledge and agree to the Terms of our Shipping and Delivery Policy.
PRICES AND GST
All prices on the website are quoted in Australian dollars and include GST. All prices are subject to change from time to time and we do not provide notice of these changes. All prices displayed on the website are only valid online at the time shown. For all orders within Australia, the price shown displays the price inclusive Australian GST exclusive of postage and packing. A summary of these postage and packing charges can be found in our Shipping and Delivery Policy.
ORDER CANCELLATIONS
You may cancel you order in full before the order is dispatched by us. We will refund you in full for the orders cancelled and will not charge you a cancellation fee. However, once the order is dispatched for delivery you are unable to cancel the order. We reserve the right to cancel your order if:
• you provide an unauthorised credit card;
• we are unable to process payment on the credit card provided;
• you provide invalid personal details;
• if, when required by us, you cannot provide acceptable proof of identity;
• the product has become unavailable;
• or if, for any reason, we don’t reasonably believe we can successfully complete delivery.
We will attempt to notify you before cancelling your order.
PAYMENT AND SECURITY
You must pay the fees and charges online using the online payment methods available on the website. If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you and cancel your order. You authorise us to debit the amount that is payable for an accepted order from your nominated credit card provider to pay for the fees and charges. You must not pay, or attempt to pay for products through any fraudulent or unlawful means. We will provide you with a receipt at the time of delivery which specifies the total fees and charges for the products in the order and the out of stock products including the dollar value refunded to your card of purchase. Credit card information collected for the purpose of payment of products purchased at Mimosa Byron Bay will be handled by Shopify Payments or Paypal. Shopify Payment and Paypal are committed to data security and use a variety of technologies and procedures to help protect personal information from unauthorized access, use or disclosure.
SECURITY OF YOUR ACCOUNT
If you create an account with us you will be required to provide a password. You acknowledge that you are solely responsible for maintaining the security of your password. Each time you use the password, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms and Conditions. This means that you are responsible for any products purchased using your account details.
REVIEWS AND COMMENTS
You may post reviews and make comments on the content on the Website. The content however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of “spam”. We reserve the right to remove such content at any time, and without notice to you.
If you post content, and unless we indicate otherwise, you grant Mimosa Byron Bay a non exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on its Website and on any other marketing material Mimosa Byron Bay may create.
INTELLECTUAL PROPERTY
This website contains material which is owned by or licensed to Mimosa Byron Bay. This material includes, but is not limited to, the software, design, layout, look, text, appearance, graphics and the content and material on the Website (together, the Materials).
You:
• acknowledge that the Materials are owned by or licensed to Mimosa Byron Bay;
• must not modify, adapt, copy, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Materials without our prior written consent; or
• must not frame or embed in another web any of the Materials appearing on the Website without our prior written consent.
You may:
• store a preproduction of the content of the Website on your local computer for the sole purpose of viewing the content and Materials; or
• print hard copies of the content and Materials for the sole purpose of viewing and purchasing products from the Website but not for any other use, including commercial use.
The website contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Website or our name or names of our related bodies corporate without our prior written consent. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
PRIVACY POLICY
Our privacy policy is available on the website and forms part of these Terms and Conditions. By accepting these Terms and Conditions, you acknowledge and agree to the Terms of our privacy policy.
PROMOTIONS AND VOUCHERS
Mimosa Byron Bay uses vouchers for promotional purposes from time to time. Vouchers are in Australian Dollars and will have differing conditions pertaining to them. No cash redemption for a voucher code is possible. The vouchers are a one time offer off the total invoice amount and may be limited to a certain product quantity. Vouchers and Promotions are only valid online unless otherwise stated. Vouchers are not valid with any other offers or promotions.
RISK AND TITLE
The risk in the products passes to you on the date and time of delivery of the products to your delivery address. Title to the products passes to you on the later of the time and date of payment for the products, and delivery of those products to the delivery address. Mimosa Byron Bay will not be held responsible for any loss, damage or liability as a result of its nominated delivery company in accordance with our Shipping and Delivery Policy.
LINKS
The website may contain links to other websites on the internet that are owned and operated by third parties. You acknowledge that we are not responsible or liable for the operation of or content located on or through any such other website and that we make no representations or warranties in relation to those websites. You agree that access and use of the products and services made available at those websites is solely at your own risk
TERMINATION OF USE
Mimosa Byron Bay may restrict your access to the website, refuse to correspond with you, terminate or limit your access to the website and/or remove your details from the relevant database without prejudice to any other accrued rights and without prior notice to you where:
• there is a regulatory or statutory change limiting the ability to provide access to the website;
• there is any event beyond the reasonable control of us preventing us from providing access to the website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or we consider in our sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms and Conditions.
GENERAL
If the whole or any part of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms and Conditions have full force and effect in that jurisdiction and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms and Conditions or is contrary to public policy. These Terms and Conditions are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Should you have any queries regarding these Terms and Conditions please contact us over our Contact Us page.