TERMS AND CONDITIONS
We provide this Website as a service to you, our customers. Please review the following basic rules that govern your use of our Website. PLEASE NOTE THAT YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE. We reserve the right to update or modify these Terms and Conditions at any time without prior notice.
Unless we expressly provide otherwise, all orders placed via the Website (“Order”) for any products displayed or portrayed on the Website (“Products”) are subject to these Terms, which shall apply regardless of how you access the Website.
Any use of this Website binds you to these Terms. Your use of this Website following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.
2. TERMS OF SALE
By placing an Order you are offering to purchase a product on and subject to the following terms and conditions. All Orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or forces outside of our control for which we will not be responsible.
In order to contract with Us you must be over 18 years of age and possess a valid credit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your Order is accepted we In order to contract with Us you must be over 18 years of age and possess a valid credit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your Order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Us or may in some cases [for Australian customers], be with a third party. Where a contract is made with a third party We are not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an Order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit card or an authorised user of the PayPal, Afterpay or Zippay account used to place your Order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to changes.
We may reject or cancel an Order for any reason prior to or after our acceptance of a Transaction.
A. OUR CONTRACT
When you place an Order, you will receive an acknowledgement e-mail confirming receipt of your Order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit card or withdrawn the funds from your PayPal, AfterPay or Zippay account.
B. PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price 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 you cancel and you have already paid for the goods, but not received them, you will receive a full refund. Prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
We have done our best to display as accurately as possible the colours of the products shown on the Website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. In describing and portraying our Products on our Website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or content on our Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. If a product offered on the Website is not as described, your sole remedy is to return it to us.
Upon receiving your order we carry out a standard pre-authorisation check on your credit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your credit card will be debited once the order has been accepted.
E. PROMOTIONAL CODES
We may from time to time offer promotional codes which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of use relating to any promotional code will be specified at the time of issue.
The following conditions apply to all promotions, competitions and promotional codes (unless otherwise stated).
F. CANCELLING YOUR PURCHASE
You have a right to request a refund for your purchase of Product(s) from the Website within 30 days of purchase and receive a refund if request is in line with our returns policy. Once an order is placed, you are unable to cancel it. To exercise your right to a refund, you may (i) return your Product to us using the returns form within 30 days of purchase (postage costs apply), or (ii) return your Product(s) to your local store within 30 days of the date identified on the invoice docket supplied with your order. This process excludes all Final Sale products and Third Party products, these items are identified at purchase as well as on the receipt.
In the event that we do not receive your returned Product(s) within thirty (30) days of the latter of (i) the date you notified us of your return and (ii) the date you received your Product(s), the deemed date of receipt will be the date of the post-mark on the packaging of your returned Product(s). We will not be responsible for the costs of such return.
G. FAULTY PRODUCTS
In the event that you receive a faulty Product, we recommend that as soon as you discover a fault, or if you received an incorrect item, please use the contact us form and send us a picture of the item and include a brief description of the fault.
Once assessed and approved by our team or Third Party Seller, and if it is within six months from the purchase date, we will refund you using the original tender type. Items deemed as having general wear and tear or use not due to a manufacturing fault will not be refunded.
H. THIRD PARTY SELLERS
Third Party Seller products from Third Party Sellers are supplied to customers direct from the Third Party Seller warehouse. Third Party Seller products are available exclusively for Australian customers and are subject to Australian Customs and Duties charges upon delivery.
Third Party Sellers products are excluded from all general site-wide promotional activity, including Reward Vouchers and do not contribute to your Membership seasonal rebate spend, unless and only if there is a specific promotional offer on the Third Party Seller product.
3. MISUSE OF THE SITE
You must not misuse this Website. You will not: commit or encourage a criminal offence; 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 Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Cybercrime Act 2001. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. THIRD PARTY LINKS
5. COPYRIGHT, TRADEMARK, INTELLECTUAL PROPERTY RIGHTS AND LICENSES
All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Us, one of Our affiliates or by third parties who have licensed their materials to Us. The entire content of the Website is protected by copyright laws.
The content of the Website, and the Website as a whole, are intended solely for the personal, non-commercial use by the users of this Website. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any content or materials is transferred to You as a result of any such activities. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Website.
Noni B is a registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Us.
6. COPYRIGHT AND TRADEMARK RULES (“DMCA”)
We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (“DMCA”), and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to Us by the copyright owner or the copyright owner’s legal agent.
You agree to pay (in the currency indicated on the Website) all applicable fees for Orders as set forth on the Website (“Charges”). You shall be responsible for all transaction taxes other than taxes based on Our net income. You hereby authorize Us to bill your payment instrument upon confirmation of an Order, and you further agree to pay any Charges so incurred. If you dispute any Charges, you must let Us know within thirty (30) days after the date that We charge you.
For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower than the total amount actually due. In the event that the charge to your payment method differs from the total amount displayed to you at checkout due to transaction taxes or for other reasons, We reserve the right to make an additional charge to your payment method after the initial charge so that the total amount charged is correct.
8. “MY ACCOUNT” AND “WISHLIST”
You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account. We reserve the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
We reserve the right to delete Your account or wishlist at any time. In this instance Your information will not be saved and cannot be retrieved by Us.
9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to Us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Us of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
10. ENTIRE AGREEMENT
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and Us. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of Mosaic Brands Ltd.