MANS NOMINEES PTY LTD TRADING AS, Mitchells Adventure – ONLINE TERMS AND CONDITIONS
- This website at www.mitchellsadventure.com www.mitchellsadventure.com (the "Site”) is a shopping website where you can browse, select and order products advertised on the Site from Mitchells Adventure Pty Ltd ACN:005 063 945 ABN: 94 440 445 005
thereinafter "Mitchells”, "us” or "we”).
- Please read these Terms and Conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
- Your access to and use of the Site, including your order of products through the Site, is subject to these Terms and Conditions.
- The information contained in this Site is provided in good faith on an "as is" basis. Mitchells does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, Mitchells is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site. However, we will endeavour to correct any inaccuracies on the Site once we become aware of them.
- Illustrations and photos contained in this Site are sample representation of the products advertised, and variations may occur from time to time and from store to store.
The Site may contain links to external websites that are not operated by us or our related bodies corporate. Mitchells does not make any
endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:
- We make no representations or warranties, or have any responsibility or liability for those websites;
- These links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites; and
- you access and use the products and services made available at those sites solely at your own risk.
- acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the "Materials”) are owned by or licensed to us;
- must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a material without our prior written consent; and
- must not frame or embed in another website any of the Material appearing on this Site without our prior written consent.
- store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and materials; and
- print hard copies of the content and materials for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.
- This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
- Mitchells does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
- You are responsible for scanning any information for viruses.
- You agree that Mitchells has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
- If Mitchells is found to be liable this will be limited to the cost of supplying the information again.
Compliance with these Terms and Conditions
You agree to bound
by, and comply with, these Terms and Conditions by:
- using the Site;
- completing your registration through the Site; and/or
- obtaining or ordering products from us using the Site.
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 that order are the Terms and Conditions that applied at the time you placed your order. We cannot vary the Terms and Conditions which apply to a given order after that order is accepted by us.
- 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 Site after these Terms and Conditions have been modified, you agree to be bound by the changes to these Terms and Conditions.
- You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
- If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
Placing an order for products
- You may order products by selecting and submitting your order through the Site in accordance with these Terms and Conditions.
- Any order placed through this Site for a product 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.
- We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
- You agree to provide us with current, complete and accurate details when asked to do so by the Site.
Acceptance or Rejection of an Order
- We reserve the right to accept or reject your order for any reason; including (without limitation) if the requested product is not
available, if there is an error in the price or the product description posted on the Site or in your order.
- Each order placed for products through the Site that we accept results in 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 reject an order placed through the Site, then we will
endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
Canceling an Order by Us
Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
- the requested products in that order are not available; or
- there is an error in the price or the product description posted on the Site in relation to the relevant product in that order; or
- that order has been placed in breach of these Terms and Conditions.
- If we do so, then we will
endeavor to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these Terms and Conditions.
Cancelling an Order by You
- Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation.
- If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.
Delivery of Products
Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, this period may be extended by up to 30 days by us and we will endeavor to provide you with reasonable notice of that extension.
Prices, Fees and Charges
- The prices of products and delivery and other charges displayed on this Site are current at the time of issue, however, Mitchells reserves the right to change prices at any time before we accept an order from you.
- All prices shown on this Site are in Australian Dollars (AUD).
We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
- the purchase price of each product that is ordered;
- the delivery fee for delivering the products to you; and
- any other fees and charges set out in these Terms and Conditions.
- All fees and charges identified in these Terms and Conditions and all prices for the products as shown on the Site are inclusive of GST (unless otherwise indicated).
- The purchase price of each product is shown on the product list on the Site at the time you place your order. The purchase price of a product on the Site may not be the same or correspond to the prices in any of our stores for the same product.
- You acknowledge that we are not required or obliged to match any prices for any products, including matching any prices for a product that is available
through the Site at our store or vice versa.
- Delivery fees are payable in addition to the purchase price of each product. A number of different delivery methods may be used depending on the type of order.
- If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
Mitchells currently ships orders worldwide
- You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
- special orders, non-stock and/or bespoke items;
- heavy, bulky and/or awkward items;
- express or urgent deliveries; or
- bulk or large quantity orders.
- Shipping costs do not include any destination charges
incured at the point of delivery. The Buyer is responsible for any "Customs", "Duty" or "Taxes" payable in destination countries.
You covenant and warrant that:
- all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
- the person receiving the products at the delivery address is authorised by you to do so;
- you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
- you will ensure that your Username and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
- you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your Username and password or account, or any other security breach relating to your account;
- you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
- you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
- you are responsible and liable for any person that uses your Username and password to order product(s) through the Site;
- you agree that we may charge you for all products that we agree to supply to you that have been ordered using your Username and password through the Site;
- you will check the labels on the products before consumption or use;
- you will whether any state laws restrict the ownership of any product prior to ordering from this site; and
you will not:
- use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
- use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
- make fraudulent or speculative enquiries, purchases or requests through the Site;
- use another person’s details without their permission or impersonate another person when using the Site;
- post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- tamper with or hinder the operation of the Site;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- use any robot, spider, site search and retrieval application or
other mechanism to retrieve or index any portion of the Site;
- modify, adapt, translate or reverse engineer any portion of the Site;
- remove any copyright,
trade mark or other proprietary rights notices contained in or on the Site;
- reformat or frame any portion of the web pages that are part of the Site;
- create accounts by automated means or under false or fraudulent pretences;
- use the Site to violate the security of any computer or other network or engage in illegal conduct;
- take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- use the Site 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.
Warranty and Liability
Mitchells accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only:
- in the case of services, resupply of the services or pay you the cost of resupply; and
- in the case of goods, replace the goods,
supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
Where we are permitted by law
- we do not warrant or represent the suitability of the Site or a product for any purpose; and
- we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the product.
- Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- Unless you notify us to the contrary by email, telephone, or facsimile transmission within fourteen (14) days of delivery of any products and such notification is confirmed in writing within seven (7) days of its receipt by us, the products shall be deemed to have been accepted by you.
Mitchells will accept product returns and provide you with (at
Mitchells discretion) a replacement for the product (subject to availability) an exchange voucher, refund or repair where:
- The product delivered is faulty or is not of merchantable quality, or
- The product delivered is not fit for its intended purpose, or
- The Product delivered does not match the description on the Site.
If the product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the Site or covered under a warranty from the manufacturer, then please contact us on 03 8325 6100 or email email@example.com and one of our Customer Service Team will assist with your request. To enable us to evaluate your return request, please provide us with:
- the order number, invoice number or receipt number;
- a detailed description of the problem or the reason for your request to the return the product;
- photograph(s) of product that is damaged during transportation (if it's required we will advise you which email address to send it to);
- your name and contact details.
- We will evaluate your return request and issue you with a Returns Authorisation Notice once we have received details of your return request. We will send you full return instructions and return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.
Termination and/or Suspension of Account
We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act and/or you breach these Terms and Conditions and:
- the breach cannot be remedied; or
- you fail to remedy the breach within 10 days of our notice to you of that breach; or
- if there is an emergency.
You may stop using the Site at any time and for any reason.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered
is no longer available or we are prevented from supplying the products, in which case, we will notify you and valid payments will be returned in accordance with these Terms and Conditions.
Do-It-Yourself and How-To Content
- You acknowledge that the video clips and photographs contained in this Site may depict activities undertaken by qualified and highly trained professionals and/or experts.
You agree not to attempt to replicate any activities shown on this Site unless you have:
- checked the service information and specification for the specific product, vehicle or system that you are using or working on as the correct method may be different to any generic example shown in this Site;
- obtained advice from the relevant qualified experts, tradespeople and/or professionals;
- complied with all applicable laws, regulations and by-laws; and
- employed safe practices for carrying out the activities.
- The film and text transcript
in this website
are intended to be an information source only. Mitchells makes no statements, representations or warranties about the accuracy or completeness of the films.
- Subject to applicable laws, Mitchells does not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this website and its contents (including but not limited to the films and the information in any films being inaccurate or incomplete in any way, and for any other reason).
The films in this website may be used or reproduced in whole for non-commercial and/or personal use provided that any reproduction is unaltered and that an attribution of the source is included. The film may not be altered, built upon or transformed. All information on this website is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth), all rights are reserved.
- If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect 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 this agreement or is contrary to public policy.
- This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
form part of these Terms and Conditions.
- Capitalised terms used are defined in these terms and conditions. In these terms:
- "GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
- "Liabilities” means all direct and/or indirect liability
for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
- "Username” means the email address or Username that you provided to us as part of the registration process to use the Site.
- "Product’ means each good or service that is advertised on the Site.