GENERAL

All contracts and dealings between Misteeq Fashion (ABN 95 847 711 217) and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘Misteeq Fashion’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by Misteeq Fashion to the Customer through the website Misteeq.com.au (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).

 

By using the Website, the Customer agrees to be bound by these Terms, as may be amended by Misteeq Fashion from time to time.

 

VARIATION

Misteeq Fashion has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.

 

ACCESS

Access to the Website is permitted on a temporary basis, and Misteeq Fashion reserves the right to withdraw or amend the Services without notice. Misteeq Fashion will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, Misteeq Fashion may restrict access to some parts or all of the Website without notice.

 

PRIVACY POLICY

The Customer can access Misteeq Fashion’s privacy policy here:  www.misteeq.com.au/privacy-policy

 

INTELLECTUAL PROPERTY

1.  All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of Misteeq Fashion.

2.  The Customer is authorised to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.

3.  The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of Misteeq Fashion. Such consent may be withheld by Misteeq Fashion at its absolute discretion.

4.  The Customer must not remove any copyright or trade mark notices from the content found on the Website.

5.  Misteeq Fashion makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.

 

TERMS OF SALE

1.  By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and Misteeq Fashion with respect to the supply of the Goods in accordance with these Terms.

2.  All Orders are subject to availability of the Goods and confirmation of the Order price.

3.  Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which Misteeq Fashion will not be responsible.

4.  The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.

5.  In order to contract with Misteeq Fashion, the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to Misteeq Fashion.

6.  Misteeq Fashion reserves the right to accept or reject an Order for any reason at any time.

7.  When placing an Order the Customer undertakes that all details that are provided to Misteeq Fashion are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.

 

PRICE

1.  The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).

2.  Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.

3.  Misteeq Fashion reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.

4.  In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.

5.  Misteeq Fashion will issue the Customer with an invoice once payment in respect of the Order has been processed.

 

CANCELLATION, REFUND AND EXCHANGE POLICY

1.  Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to Misteeq Fashion. The Customer will, however, be able to return Goods in accordance with Misteeq Fashion’s returns policy.

2.  Misteeq Fashion may accept returns within 14 days for Australian customers and 30 days for international customers from the date of delivery. Goods must be unwashed, unworn and in its original purchase condition with the tags still attached.

3.  Goods for return must be posted at the Customer’s expense to:

 

Misteeq Fashion

PO BOX 233

RURAL VIEW, QLD, 4740

AUSTRALIA

 

4.  The customer must include their Invoice & completed returns form within their return parcel.

5.   Any Goods which Misteeq Fashion has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by Misteeq Fashion.

6.  Due to health reasons etc, make-up, tan, swimwear, sunglasses, intimates, accessories and jewellery cannot be returned unless faulty or wrongly described.

7.  Upon accepting the goods, Misteeq Fashion will issue the customer with a Gift Voucher in order for the customer to purchase their alternate size/style.

8.  Items purchased during promotional sale periods will NOT be eligible for a return/exchange/credit note. For any queries on this please contact us at misteeq@outlook.com.au

 

DAMAGED OR FAULTY GOODS

1.  All Goods are thoroughly inspected to ensure that they are in the best condition prior being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.

2.  If the Customer discovers that a Good is faulty or damaged, the Customer must notify Misteeq Fashion within 7 days of purchase or within a reasonable timeframe thereafter either by returning the goods with return slip and explanation, or via email at misteeq@outlook.com.au along with a description of the product, fault, size and style and the Customer’s preference for a refund, replacement, exchange or repair. If Misteeq Fashion inspects the Good and confirms that there is a fault, the Customer will be entitled to a full refund, replacement (if available), exchange or repair (where possible).

3.  Misteeq Fashion will meet the packaging and postage costs associated with the Customer returning a faulty or d  d Good.

4.  Customers are liable for any delivery costs if the Good is found not to be faulty.

 

DELIVERY

1.  Any period or date for delivery of Goods stated by Misteeq Fashion is intended as an estimate only and is not a contractual commitment. Misteeq Fashion will use its best endeavours to meet any estimate delivery dates but Misteeq Fashion will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.

2.  Misteeq Fashion reserves the right to amend delivery methods without notice.

 

AUSTRALIA

1.  All deliveries of Goods purchased by the Customer will be made by Express Post (Australia Post) and are delivered with authority to leave (‘ATL’) without signing where no one is in attendance at the delivery address.

2.  If the Customer believes their nominated delivery address will be unattended at the time of delivery, Misteeq Fashion suggests having the Order delivered to an alternate address that the Customer knows will be attended during normal business hours. If the nominated delivery address is unattended at the time of delivery, the courier will either leave the Goods in a secure location under their ATL (in which case the delivery will be deemed successful by Australia Post) or a card will be left with details as to where the Customer can collect the their Goods, at this time the Goods will be deemed delivered (‘Successful Delivery’).

3.  Misteeq Fashion will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Customer upon Delivery and Misteeq Fashion will not offer a replacement Good or refund a Customer for any lost or damaged Goods.

4.  Misteeq Fashion will use reasonable endeavours to dispatch all Orders received after 8.00am on the next business day. Estimated delivery time is 2-5 business days following placement of an Order, depending on the Customer’s location. Customers located in Metro areas should receive their Goods within 2 business days. Regional and and rural areas may take between 3-5 business days.

5.  In the event the Customer does not receive their Order within 5 business days, the Customer should contact misteeq@outlook.com.au to obtain their tracking number.

6.  Delivery of Orders placed on the weekend will not be processed until the following Monday.

7.  Misteeq Fashion offers EXPRESS POST delivery Australia-wide on all Orders for a flat fee of $10.00.

8.  Misteeq Fashion does not deliver Orders to Post Office boxes.

9.  Once the Customer’s online purchase is complete the Customer will receive an Order confirmation.

INTERNATIONAL DELIVERY*
1. International deliveries will be made by Standard economy Air Mail (Via Australia Post) unless additional tracking is required, there is option to upgrade your shipping to “Tracked Shipping”.
2. Orders will be dispatched within 2 days from the date of the Order. Estimated delivery time for international orders is between 5-15 business days.
3. In the event the Customer does not receive their Order within 15 business days of placement, the Customer should contact misteeq@outlook.com.au
4. International “Standard” delivery cost is a flat rate delivery fee of $18.00.
5. International “Tracked Shipping” delivery cost is a flat rate delivery fee of $25.00.
6. International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. Misteeq has no control and will not be responsible for any duties or taxes.
7. In accordance with Australian export regulations, customs require Misteeq to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.

 

PRE-ORDER

A Pre-Order is the term used when a Good is currently out of stock but will be ordered from suppliers once the Customer places the Order. The Order will then arrive to the Customer within a certain time frame after the Order is placed. The date of delivery will be displayed under the description in each Good. 

When placing a Pre-Order for the Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Misteeq Fashion shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to misteeq@outlook.com.au

You will be charged at the time of placing the order. Your placing of a Pre-Order constitutes your express agreement to Misteeq Fashion charging of your provided payment method at such time.

Pre-Order products are expected to be ready to ship within 2 – 4 weeks approximately.  This is subject to reasonable delays in manufacturing and/or delivery. Such date is only an estimate, is subject to change, and Company does not represent or warrant that it will be able to ship the Product by the estimated date.  As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Misteeq Fashion is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The Pre-Order Products will be shipped in the order in which your Pre-Order is received by Misteeq Fashion.  Shipments will be made Monday – Friday, excluding public holidays, unless otherwise noted.

 

LIMITATION OF LIABILITY AND INDEMNITY

1.  The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Misteeq makes no warranties or other representations in relation to the supply of Goods. Misteeq Fashion’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

2.  The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify Misteeq Fashion, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.

3.  Misteeq Fashion does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.

4.  Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Misteeq Fashion against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Misteeq Fashion retakes possession of the Goods in accordance with clause 9.

 

LINKING TO THIS WEBSITE

1.  The Website may provide links to websites and access to content from third parties, including users and affiliates of Misteeq Fashion.

2.  The Customer agrees that Misteeq Fashion is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.

3.  To the fullest extent permitted by law in no way will Misteeq Fashion, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.

 

WAIVER

1.  The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.

2.  The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.

3.  Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.

 

FORCE MAJEURE

If the performance of Misteeq Fashion’s obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Misteeq Fashion, Misteeq Fashion will not be liable for any loss or damage suffered by the Customer or any other person and Misteeq Fashion will give the Customer written notice if the force majeure event has continued unabated for 30 days.

 

 

GOVERNING LAW AND JURISDICTION

These Terms contained herein shall be governed by the laws of Queensland, Australia and the Customer submits to the exclusive jurisdiction of the Courts of Queensland to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.

 

SEVERABILITY

1.  The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.

2.  The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

 

ENTIRE AGREEMENT

THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES AS TO ITS SUBJECT MATTER AND SUPERSEDES AND CANCELS ALL PRIOR AGREEMENTS, UNDERSTANDINGS AND NEGOTIATIONS IN CONNECTION WITH IT AND MAY ONLY BE ALTERED IN WRITING SIGNED BY ALL PARTIES.

TERMS & CONDITIONS