Updated 20 January 2016
The website millacordial.com.au is operated by Matt Senyard of PO Box 5035 Orange NSW 2800.
We refer to ourselves in this document as “Milla Cordial”, “we”, “us” or “our”. In this document, the terms “you”, “your”, “user”, “visitor” or “the Customer” refers to the person accessing or using the Website and our Services, or the company or organisation on whose behalf that person accesses the Website or our Services.
1 USER AGREEMENT
If you do not agree with any of these Terms & Conditions of Use, you must not use the Website and our Services.
2 AMENDMENTS TO TERMS & CONDITIONS OF USE
We reserve the right to amend, vary and/or replace these Terms & Conditions of Use at any time, and from time to time, at our sole discretion. Your continued use of the Website will be deemed to be your acceptance of any changes. We are not obliged to notify you of any changes, but we will endeavour to alert you to any significant changes.
3 ELIGIBILITY/LEGAL CAPACITY
3.1 By making an order to purchase a product or merchandise, you warrant to us that you are:
(a) eighteen (18) years of age or above; and
(b) entering into a legally binding contract with Milla Cordial with respect to the purchase.
3.2 Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
4 ORDERING PROCEDURE
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell products to you.
4.1 You are deemed to place an order with us by ordering via our online checkout process. As part of the checkout process, you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
4.2 Our acceptance of an order takes place when the order is despatched to you. Unless we have notified you that we do not accept your order, or you have cancelled your order, the purchase contract will be made even if your payment has been processed immediately.
4.3 We reserve the right to accept or reject your offer to purchase for any reason (or no reason) including, but not limited to, the unavailability of any product/service, an error in the price or product/service description, or an error in your order. In the event we cancel your order to purchase, we will provide a full refund of any payment received.
4.4 All payments must be received in full prior to the product being despatched. If your payment is not received or is declined by your bank or credit card issuer, we cannot hold product against your order.
5.1 The prices of products and services, delivery and other charges are shown in Australian Dollars and include GST where applicable. Prices are current at time of display but are subject to change without notice.
5.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown on this Website.
5.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6 PRODUCTS/MERCHANDISE CANCELLATION AND RETURNS POLICY
6.1 If you wish to cancel your product or merchandise order –
(a) you can notify us by email to firstname.lastname@example.org before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us.
6.2 You can return unopened goods you have ordered from us for any reason within 7 days of receipt for a full refund or exchange. The cost of returning goods to us shall be borne by you. To return your product, you should mail it to: PO BOX 5035, Orange, NSW 2800.
6.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required. We will notify you by email. Shipping costs are non-refundable.
6.4 The rights to return the goods to us as referred to in clause 7.3 will not apply in the event that the product has been opened.
6.5 We only replace items if they are defective or damaged.
Delivery of products or merchandise within Australia will usually be within 10 working days. For overseas orders, please contact us on email@example.com
8 GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
9 ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy in section 6.
10 UNAUTHORISED USE OF THE WEBSITE/COPYRIGHT/TRADEMARKS
10.1 Any fraudulent, illegal or unauthorised use of the Website or content contained on the Website or within any email correspondence that you receive from us constitutes a violation of these Terms & Conditions of Use.
10.2 You understand and agree that we may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
10.3 Copyright in the material on the Website (including the entire website, copy, images, logo and content) belongs to Milla Cordial , and may not be used or replicated in part or in full without prior written permission. All trademarks that are not associated with Milla Cordial are the property of their respective owners. Nothing on the Website gives you license or right to use any image, content or trademark displayed on the Website without our express written permission or, if applicable, the third party owner of the image, content or trademark.
11 SERVICE ACCESS, MODIFICATION & TERMINATION OF WEBSITE
11.1 We endeavour to ensure that this website is available 24 hours a day. However, we will not be liable if for any reason it is unavailable at any time or for any period.
11.2 We reserve the right to modify, alter, remove or add functionality to the Website at any time, without limitation, in whole or in part.
11.3 We reserve the right to stop, temporarily or permanently, access to the Website, in our sole discretion, without notice and liability, to visitors or members.
12 LINKS TO THIRD PARTY WEBSITES
13 LINKING TO THIS WEBSITE
13.1 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any products or services other than our own;
(b) you do not misrepresent your relationship with us nor present any other false information about us;
(c) you do not use any Milla Cordial trademarks without our express written permission;
(d) you do not link from a website that is not owned by you; and
(e) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate.
13.2 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.1.
14 WEBSITE CONTENT POLICY
14.1 We endeavour to ensure that the information on this website is correct, but we do not warrant its accuracy or completeness. We may make changes to this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
14.2 The material on this website is provided without any condition, warranty or other term of any kind. To the maximum extent permitted by law we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
15 VISITOR MATERIAL AND CONDUCT
15.1 Other than personally identifiable information, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all other things embodied therein for any and all commercial or non-commercial purposes.
15.2 You are prohibited from posting or transmitting to or from this website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licenses and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the Australia or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
15.3 You may not misuse the website (including, without limitation, by hacking).
15.4 We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 15.2 or 15.3.
16.1 Milla Cordial will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions of Use if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstances outside our control which is not due to any lack of reasonable prudence or foresight.
16.2 Any provision of these Terms & Conditions of Use that is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms & Conditions of Use read in full force and effect.
16.3 Our failure to enforce any provision of these Terms & Conditions of Use will not be considered a waiver of our right to enforce such provision.
17 LIMITATION OF LIABILITY
17.1 Certain statutory warranties under consumer protection laws will be implied for your benefit. Nothing in these Terms & Conditions of Use is intended to exclude or restrict the application of such laws, but we do not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these laws.
17.2 Subject to claims available under consumer protection laws, neither Milla Cordial nor any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this Website.
17.3 You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems. If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you are responsible for all costs thereof.
17.4 For claims that cannot be excluded or restricted under consumer protection laws, our liability for such a claim will to the extent permitted by law and at our option be limited to:
(a) in the case of goods:
i) repairing or replacing those goods;
or ii) paying the cost of having those goods repaired or replaced; and
(b) if the breach relates to services:
i) resupplying those or equivalent services; or
ii) paying the cost of having those services resupplied.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
19 GOVERNING LAW AND JURISDICTION
These Terms & Conditions of Use are to be interpreted in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
20.2 In the event the Milla Cordial business or company is sold to a third party, you grant us the right to transfer the personal information and other data and rights that we have collected from you to that third party, and we will not be required to obtain your prior consent or approval or to notify you of such a transfer.
21 CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org