Terms and Conditions

 

 

 

TERMS AND CONDITIONS

FOR BUYING PRODUCTS

AND JUST BROWSING

 

Welcome to Miraco.

In these terms, Miraco means Kimberli Pty Ltd ABN 86 623 194 712, and we also refer to Miraco as “our”, “we, or “us”.

And you are you!

 

What are these terms about?

These terms apply when you use this website, being www.miraco.com.au and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase our skincare products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here privacy-policy.

 

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • PART A: Terms for when you buy Products (applies when you buy)
  • PART B: Terms for when you browse and interact with this Website (applies when you browse)
  • PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

 

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

 

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms of Part A accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

 

PART A

FOR WHEN YOU BUY PRODUCTS…

  1. SUBMITTING AN ORDER
    • By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
      • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      • you are authorised to use the debit or credit card you provide with your Order.
    • Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
    • Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
  2. ACCOUNTS
    • You may submit an Order as a guest, or you may submit an Order with an account. You may register and receive an account through the Website (an Account).
    • As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing information, postal and physical addresses, mobile phone number and other information as determined by us from time to time.
    • You agree that you are solely responsible for:
      • maintaining the confidentiality and security of your Account information and your password; and
      • any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
    • You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
    • Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
    • We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
  3. PRODUCTS
    • SAMPLES
      • We may, in our absolute discretion, offer free samples of our Products (Samples) on Orders above a certain amount. The terms and conditions for Samples will be set out on our Website and may differ depending on the country you are in.
      • If you qualify to receive Samples, you may be given the option to manually select the Samples and add them to your cart on checkout. Samples will not be automatically added to your Order.
      • Samples are only shipped with purchases of Products (where you qualify to receive to such Samples). Samples change often and are only available while stocks last.
      • Due to the limited nature of Samples, we are unable to reship Samples if:
        • you forget to add the Samples to your Order on checkout;
        • the Samples arrive damaged;
        • you receive the wrong Samples; or
        • Samples are missing from your order.
      • Where you experience any of the issues set out in clause 3.1(d) and contact us using the contact details or form on our Website, we may offer you an alternative solution, such as a discount code on our Products. Such offers are at our discretion and we are not obliged to make any such offer to you.
    • USING THE PRODUCT
      • You agree that you will carefully read the list of ingredients for all Products prior to placing an Order, and that you will not order the Products if you are or may be allergic to any ingredient.
      • We encourage you to test any Product on a small patch of skin before you use the Product. If irritation occurs, immediately wash off with water and discontinue use of the Product. Where you have had an allergic reaction to our Products, you may seek a refund from us in accordance with clause 8.3(d).
      • You agree that you will follow all label instructions when using the Products. If you have any questions or concerns regarding the use of the product, please consult a medical professional.
      • All Products are for external use only.
    • PRODUCT DESCRIPTION

We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.

  • RISK AND TITLE

Until the price of your Products is paid in full, title in those Products is retained by Miraco. Risk in the Products will pass to you on delivery in accordance with clause 7. Delivery must not be refused by you.

  1. PAYMENT
    • All prices are:
      • per unit (except where indicated);
      • in Australian Dollars and
      • subject to change prior to you completing an Order without notice.
    • (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
    • (GST) Where applicable, and unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Miraco, you must pay the GST subject to Miraco providing a tax invoice.
    • (Card surcharges) Miraco reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    • (Online payment partner) We may use third-party payment providers, such as PayPal or Shop Pay (Payment Providers), to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    • (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Product was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. If, as a result of the error:
      • your Product was purchased at a price lower than the correct price, you will be given the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment;
      • your Product was purchased at a price higher than the correct price, we will refund you the difference and process your order.
  1. SHOP PAY
    • Shop Pay is a payment option that can accelerate your checkout by saving your information and pre-populating this information in your next order. Shop Pay may be selected as a payment method at checkout.
    • (Pay by Instalments) In certain countries, Shop Pay may allow you to purchase what you want now and pay off the remaining amounts payable over 4 fortnightly instalments. Late fees may apply if you miss your scheduled payments. Please refer to the Shop Pay website for more information. Shop Pay’s terms and conditions can be found here.
    • (Returns with Shop Pay) Our Refunds and Exchange Policy as set out in clause 3 will apply for Shop Pay returns. Where you have been allowed to purchase the Products instalments via Shop Pay, please ensure to continue paying any Shop Pay instalments even after you have returned a Product. Remaining instalments will only be cancelled once the return has been processed. For partial returns or exchanges, Shop Pay will adjust your remaining instalment amounts.
  2. VOUCHERS AND DISCOUNT CODES
    • We may provide promotional materials and codes offering a discount on the Products (Voucher).
    • You agree that Vouchers:
      • may not be applied retrospectively to an Order;
      • are non-transferrable;
      • cannot be redeemed for cash or store credit;
      • cannot be used in conjunction with any other offer; and
      • may be subject to additional terms and conditions.
  1. DELIVERY AND SHIPPING
    • (Free Delivery) We may, at our discretion, offer free delivery on Orders above a certain amount. The terms and conditions for free delivery will be set out on our Website and may differ depending on the country you are in.
    • (Delivery Costs) For any Orders that do not qualify for free delivery, delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
    • (Delivery Details) Miraco may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
      • delivery is to the delivery point specifically accepted by Miraco; and
      • we will deliver the Products to you in accordance with the shipping information displayed on our Website.
    • (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
    • (International Orders) Miraco reserves the right to refuse orders outside of Australia. Approved orders outside of Australia may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
  2. CHANGES TO YOUR ORDER
    • CANCELLATION BY US

We reserve the right to cancel your order for any reason and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

  • CHANGES OR CANCELLATION BY YOU
    • You may change or cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your order, your Order is binding and cannot be modified or cancelled by you, subject to clause 8.2(b). However, our Refunds and Exchange Policy in clause 8.3 may apply.
    • If you require the delivery details on an Order to be changed, please contact us using the contact details on our Website and we will use reasonable endeavours to accommodate your request. Once your Order moves into the processing stage in our warehouse, we cannot make any change to your order. We do not guarantee that any change will be made, and you agree that you are responsible for ensuring the accuracy of your Order.
  • REFUNDS AND EXCHANGES POLICY
    • Unfortunately we don’t offer change of mind returns.
    • We’ll give you a full refund if we determine that:
      • A product you have ordered was not received by you solely due to our failure;
      • A product provided to you was not substantially the same as the Product shown on our Website (taking into account some variation due to screen display, colour and brightness, and image quality;
      • A product is faulty (see our ‘Faulty Products Policy’ below);
      • You have an allergic reaction to our Products (see our ‘Allergic Reaction Policy’ below).
    • (Faulty Products Policy)
      • If your Product is faulty, please contact us at [email protected] with a description and photos of the fault. We’ll send you a returns form (Returns Form) to complete and ask you send the Product back to us at your cost for inspection.
      • If we determine that the Product isn’t faulty, or is faulty due to reasons outside of our control, we’ll refuse your return and send the Product back to you at your cost.
      • If we determine that the Product is faulty, you may request a refund, exchange or store credit for the Product. All refunds (including shipping costs) will be credited back to your original method of payment.
    • (Allergic Reactions Policy)
      • If you’ve had an allergic reaction to our Products, please immediately stop using the Product and contact us at [email protected] with photos of the allergic reaction.
      • If you’ve provided images of the allergic reaction within 30 days of ordering the Product, we’ll send you a Returns Form to complete and ask that you send the Product back to us at your cost.
      • If you return the Product to us with more than 10% of the Product used, we’ll refuse your return and send the Product back to you at your cost.
      • If we determine that you’ve had an allergic reaction to our Products, and you’ve:
        1. provided photos of the allergic reaction within 30 days of ordering the Product; and
        2. returned the Product to us with 10% or less of the Product used; and

you may request a refund, exchange or store credit for the Product. All refunds (except shipping fees) will be credited back to your original method of payment.

  • Nothing in our Refunds and Exchange Policy is intended to limit or affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which can’t be excluded under applicable law.
  1. INTELLECTUAL PROPERTY
    • Miraco retains all intellectual property rights in the design of the Products, including the labelling and packaging. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
    • In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  2. THIRD PARTY SUPPLIERS
    • We may do any of the following:
      • outsource any part of performing any services related to providing the Products, including delivery of your Products; or
      • procure materials and Products from third party suppliers;

without further notice to or permission from you.

  • To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
  1. PUBLISHING PHOTOS ONLINE AND ON SOCIAL MEDIA

You may publish images or videos of the Products online or on social media (or both), and we ask that you please provide accreditation to “Miraco” by watermark, reference, tagging or hashtag. We reserve the right to require you to remove any images or videos that include the Products or despite this clause 11, remove any accreditation to us.

  1. RATINGS & REVIEWS
    • You may be provided an opportunity to rate a Product (Rating) and/or may provide feedback to us regarding our Products and our service (Review) on the Website.
    • You must provide true, fair and accurate information in your Review. Ratings must be a true and fair reflection of your opinion regarding a Product.
    • You may only provide a Rating for a Product you have purchased and write a Review for your own experience about a Product and our services. You are not permitted to provide a Rating or write a Review on behalf of any other person.
    • You agree that we may use and display your Ratings and Reviews on our Website, social media applications and otherwise in accordance with our Privacy Policy.
    • We reserve the right to remove or delete any Rating or Review for any reason.

 

 

PART B

FOR WHEN YOU BROWSE THIS WEBSITE…

  1. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

  1. YOUR OBLIGATIONS

You must not:

  • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Miraco;
  • use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
  • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  • use the Website with the assistance of any automated scripting tool or software;
  • act in a way that may diminish or adversely impact the reputation of Miraco, including by linking to the Website on any other website; and
  • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    • gaining unauthorised access to Website accounts or data;
    • scanning, probing or testing the Website for security vulnerabilities;
    • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    • instigate or participate in a denial-of-service attack against the Website.
  1. INFORMATION ON THE WEBSITE
    • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      • the Website will be free from errors or defects (or both, as the case may be);
      • the Website will be accessible at all times;
      • messages sent through the Website will be delivered promptly, or delivered at all;
      • information you receive or supply through the Website will be secure or confidential; and
      • any information provided through the Website is accurate or true.
    • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
  2. INTELLECTUAL PROPERTY
    • Miraco retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    • You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Miraco or as permitted by law.
    • In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  3. THIRD PARTY TERMS AND CONDITIONS
    • The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.
    • The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Miraco will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
  4. LINKS TO OTHER WEBSITES
    • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
  5. THIRD PARTY PLATFORM – SHOPIFY
    • This Website is powered by a third party platform (in our case, Shopify) and Shopify’s terms and conditions apply to your use of this Website to the extent applicable to you. Those terms can be accessed here.
    • To the maximum extent permitted under applicable law and our agreement with Shopify, we will not be liable for any acts or omissions of Shopify, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
  6. SECURITY

Miraco does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

  1. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

 

PART C

LIABILITY AND OTHER LEGAL TERMS…

  1. LIABILITY
    • To the maximum extent permitted by applicable law, Miraco limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Miraco to $200 AUD.
    • Claims for loss of or damage to Products in transit must be made against the carrier.
    • Products sold by Miraco, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
    • All other express or implied representations and warranties in relation to Products and the associated services performed by Miraco are, to the maximum extent permitted by applicable law, excluded.
    • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    • (Indemnity) You indemnify Miraco and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
      • breach of any of these terms;
      • use of the Website; or
      • use of any goods or services provided by Miraco.
    • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Miraco be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Miraco (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  2. FORCE MAJEURE
    • If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under these terms (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
      • reasonable details of the Force Majeure Event; and
      • so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
    • Subject to compliance with clause 23(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
    • The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
    • For the purposes of these terms, a ‘Force Majeure Event’ means any:
      • act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
      • strikes or other industrial action outside of the control of the Affected Party;
      • war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
      • any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
  1. NOTICES
    • A notice or other communication to a party under these terms must be:
      • in writing and in English; and
      • delivered via email to the other party, (in our case) to [email protected] and (in your case) to the email address associated with your Account or if you do not have an account, with your Order (Email Address). The parties may update their Email Address by notice to the other party.
    • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
      • 24 hours after the email was sent; or
      • when replied to by the other party,

whichever is earlier.

  1. GENERAL
    • GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

  • WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

  • SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

  • JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

  • ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

  • COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

  • ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

  • INTERPRETATION
    • (singular and plural) words in the singular includes the plural (and vice versa);
    • (currency) a reference to $; or “dollar” is to Australian Dollar currency;
    • (gender) words indicating a gender includes the corresponding words of any other gender;
    • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word “includes” and similar words in any form is not a word of limitation; and
    • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.