TERMS & CONDITIONS
These terms and conditions apply to all supplies of Products (Products) by the proprietors of Ms Tee to you, the purchaser of the Products made via Ms Tee’s website at http://www.MsTee.com.au (Website).
By agreeing to these terms and conditions you represent that you are over the age of 18 or have a parent’s/guardian’s approval to enter into this agreement.
We may amend or vary these terms and conditions from time to time. You will be bound by the terms and conditions that were in force at the time you ordered the Products.
You must comply with all warnings, prohibitions and other notices for use of the Products that we provide to you.
From time to time items that are listed as in stock may not be by the time we receive your order. If this happens, we will contact you to offer a refund, or discuss placing the item on backorder for you, or suggest a suitable available alternative.
We will not be liable for any loss or damage that arises because a product is no longer in stock.
We reserve our right to limit the sales of Products to any person, household, geographic region or jurisdiction.
We have made every effort to display as accurately as possible the colours and images of the Products as they appear in real life.
Every effort is made to ensure that the Products correspond closely to the descriptions and images displayed on our Website. Sometimes due to variations in production runs, colour differences or computer or device screens, differences may arise. We are not responsible for slight variations in colour, embellishment or construction.
Your order for Products (Order) must contain your correct name, invoice address, delivery address, telephone number, email address, credit card details and any other details we require to process and deliver your order. You must promptly update this information if it becomes out of date.
By placing your Order, you offer to purchase Products at the price specified in the Order. We may accept or reject any Order. Once we accept your Order, you cannot cancel or change it. Please make sure that all of your details are correct before you submit your Order.
You must not order Products for the purpose of re-selling or re-supplying them to third parties. We may limit or refuse Orders that we consider appear to be placed by dealers, resellers or distributors.
We may at any time cancel, vary or suspend all or some of the Orders you have placed without incurring any liability to you:
if you breach any of these terms and conditions in respect of an Order;
we have insufficient stock to fulfil your Order; or
we do not deliver to your nominated delivery address.
If we reject an Order or cancel all or any part of an Order, we will notify you by email and we will refund any amount you have paid in advance for the Order.
While we try to be as accurate as possible with the information on the Website about
Products, sometimes errors or omissions occur or we have to change or update information about Products. If we make a change about a Product which may affect your Order, we will try to notify you of the correct information and you may cancel the Order without any obligation within 48 hours from the time of the notice. If you do not cancel your Order within the notice period your Order will be processed as per the corrected information.
Price and payment
The price payable for Products is set out on the Website and is in Australian Dollars (AUD). Your credit card will be charged in Australian dollars.
The price includes the Goods and Services Tax (GST). It excludes shipping charges, any other delivery charges, insurance, customs charges and other charges affecting the cost of the Products. You will be told about these additional costs and, subject to shipping details below, you will be given a total purchase price before you finalise your order.
You must pay the full price for the Products you order at the time you place your Order. Payment must be made using the online ordering facility and via the methods we offer on the Website. The Website accepts the following credit cards: Visa and MasterCard. The Website also offers a Paypal option. Orders that exceed your credit limit will not be processed.
Delivery charges and payment of any customs or import taxes are outlined in our Shipping Policy.
Your Products will be delivered to the delivery address provided when you placed your Order.
The estimated times for delivery, depending on the type of delivery method you chose, and suitable delivery addresses, are outlined in our Shipping Policy. These times are estimates only and we are not liable for late or non-delivery no matter what the reason.
Delivery to remote areas may take longer. Events such as holiday periods and weather may delay your delivery.
Title and the risk of loss or damage to the Products passes to you on delivery of the Products to the delivery address. The person who takes delivery must be an adult and available at the specified delivery address to carefully check the unwrapped Product, and acknowledge receipt in a satisfactory condition.
Return of Products
Our returns policy is outlined on the Returns page of the Website.
Except where required by law or in accordance with this clause, we are not obliged to accept any return of Products or pay the costs of their return. We reserve the right to refuse to accept any returned Products marked “Cash or cheque on delivery” or “More to pay”. If we do not accept the return of the Products, we will contact you in writing.
No refund will be payable to you until we have inspected the returned Products and determined that the terms of this clause and our Returns Policy have been satisfied.
Nothing in this clause affects your rights under the Australian Consumer Law which may not be excluded or varied by agreement.
Intellectual Property Rights
Unless otherwise stated, we own the intellectual property rights in all materials related to or connected with the Products. Except as necessary for using the Products or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no materials provided to you may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific prior written consent of.
Liability and indemnity
To the maximum extent permitted by law, all guarantees, warranties, representations or conditions which are not expressly stated in this agreement or in a written warranty from us are excluded. If we are liable for breach of an imposed guarantee, warranty, representation or condition, our liability is, at our option, to the extent permitted by law, limited to:
the replacement of the Products or the supply of equivalent Products;
the repair of the Products;
the payment of the cost of replacing the Products or acquiring equivalent Products; or
the payment of the cost of having the Products repaired.
To the maximum extent permitted by law, we are not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, arising out of or in connection with the Products, including as a result of not being able to use the Products or the late or non-supply of Products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise and whether or not we were aware that such loss or damage may occur.
You agree to indemnify us, our employees, agents and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties arising out of your use of the Products.
This agreement will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.
A notice given under this agreement must be in writing and sent to the recipient at the address specified above for us or given by you when you placed or Order, or such other address as notified from time to time.
If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement but the rest of this agreement is not affected.
This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.