terms and conditions
Website Terms of Use
1. APPLICATION OF TERMS
These terms apply to any person or entity (‘you/your’) accessing (‘our/the website’).
This website is owned and operated by MYLK&BUB ABN 81 465 229 256 (‘we/our/us’).
By accessing, using or placing an order on our website, you agree to be bound by these terms. We may amend these terms and conditions from time to time.
These terms are governed by the laws of Victoria, Australia.
2. COLLECTION AND USE OF PERSONAL INFORMATION
You may need to register to use our website. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy, available at [Privacy Policy] and the applicable law.
When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.
We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:
(a) how we store and use, and how you may access and correct your personal information;
(b) how you can lodge a complaint regarding the handling of your personal information; and
(c) how we will handle any complaint.
If you would like any further information about our privacy policies or practices, please contact us.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.
3. PRODUCTS AND SERVICES
We offer for sale all products listed on our website.
We reserve the right to amend the range and prices of our products at any time.
All products are subject to availability. We will inform you as soon as possible if the product you have ordered is not available.
4. PAYMENT
All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.
5. DELIVERY
PHYSICAL DELIVERY
Your order will be delivered in accordance with our dispatch and delivery policy as follows:
a. Processing and dispatch: Confirmation will be sent to the email address entered at checkout. This is your receipt and should be kept as proof of purchase. Once payment is received orders are processed and dispatched within 5 business days (subject to stock availability).
b. Delivery charges: you will be advised of your delivery charges at checkout.
c. Shipping: We deliver only in Australia.
d. Lost packages: If the package is lost in transit, please contact the relevant delivery company and quote the tracking number provided in the dispatch confirmation email. If the carrier cannot locate the item, we will lodge an enquiry to locate the item. It is your responsibility to ensure the accurate delivery address and contact details. Multiple delivery attempts, re-direction or returned packages may attract additional fees which may be billed by the carrier. We have no control over third-party agents responsible for delivering packages and recommend that you obtain insurance to cover delivery. Where possible we will assist you in any claim against a third-party delivery agent
e. Incomplete Orders: In limited circumstances, if multiple items have been purchased from us, and one or more items are temporarily unavailable, we may dispatch the available items in the order. In the event of an incomplete order, we will make contact to discuss the items that cannot be immediately delivered.
f. Damaged Items: In the event that the product ordered has been damaged during delivery through no fault of your own, please contact us as soon as possible. Any damaged product must be returned unused and in the condition in which it was received, together with any packaging and other items received with the damaged product. We will arrange to collect the damaged product and offer to replace it, or to refund you, provided that you have contacted us within 24 hours of delivery of the damaged product..
We will not be responsible for delivery delays caused by any failure beyond our control or for any delays due to stock availability.
6. THE AUSTRALIAN CONSUMER LAW (ACL)
The ACL provides consumer guarantees which protect consumers when they buy products and services. We comply with the ACL If there is any inconsistency between these terms and the ACL, then the ACL will prevail to the extent of that inconsistency. Further information about the ACL and the consumer guarantees is available on the Australian Competition and Consumer Commission website
7. COLOUR REPRODUCTION
We make every effort to display as accurately as possible the colours of our products on our website. However, as computer monitors differ, we cannot guarantee that your monitor’s display of any colour will be an accurate representation of the true colour.
8. REFUNDS AND RETURNS
We do not accept returns or provide refunds for change of mind.
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by the breach of any express or implied warranty or condition.
If your product is faulty or not substantially as described you may be entitled to a replacement, repair or refund of the item.
To initiate a return, please contact us.
You are responsible for the shipping costs of all returned products. We accept no liability for lost deliveries. We recommend you send your product with tracking to ensure the package is delivered to us.
9. INTELLECTUAL PROPERTY
Our website and its content including our products may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.
10. DISCLAIMERS
To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our website at your own risk.
We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.
It is imperative that all MYLK&BUB products are used only in the manner for which they are intended, and that care and common sense are exercised when using the products. To the extent permitted by law, MYLK&BUB does not accept any liability for and is not responsible for, any damage, loss or injury caused by the use or misuse of our products.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on linked third party websites and have no control over or rights in linked third party websites.
11. SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.
12. GENERAL
These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the website.
For us to waive a right under these terms, the waiver must be in writing.
If any part or provision of these terms is or becomes illegal, unenforceable or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.