About these terms and conditions
In these terms and conditions "we" and "us" means Michelle Pike Pty Ltd of PO Box 1842, Buderim 4556, Queensland, Australia, ABN 49 136 792 866 and "you” and “your” means you the customer.
These terms and conditions together with your order constitute the entire contract between us and you for the supply of Goods. The contract cannot be varied unless we agree to vary it in writing or by email.
Legal warranties and limitations
You acknowledge that:
(a) to the full extent permitted by law all express and implied terms, conditions and warranties other than the ones set out in these terms are excluded.
(b) you may have the benefit of conditions and warranties implied by the Trade Practices Act 1974 to the extent permitted by law. If we have a liability for breach of a condition or warranty implied by Division 2 of Part V of that Act (other than section 69), it is limited, subject to section 68A(2), at our discretion to:
(i) replacing or repairing the Goods, or paying for their replacement or repair:
(ii) supplying equivalent Goods, or paying for their supply.
(c) we are not liable for any death or injury to any person or loss or damage to property arising from:
(i) the possession, operation or use of the Goods or any items supplied with them;
(ii) any act or omission (including negligent acts or omissions) of us or our employees or agents.
(d) you will indemnify us against any claims made against us by any third party concerning death, injury, loss or damage as set out in subparagraph (c) above.
(e) You will indemnify us against all losses and expenses we may incur due to your failure to observe your obligations under these terms.
f) you are over the age of eighteen (18) years, for the purpose of placing orders with Michelle Pike Pty Ltd.
Should Michelle Pike Pty Ltd suffer any damage or other losses as a result of a transaction entered into by a minor, Michelle Pike Pty Ltd reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Michelle Pike Pty Ltd.
Payment methods and processing
Michelle Pike Pty Ltd purchases will include GST. Overseas purchases will not incur GST.
All prices within the shopping areas of the Michelle Pike Pty Ltd website are in Australia dollars (AUD$) and include Goods and Services Tax (GST) of 10%. There is a currency converter which will allow our overseas customers to view our approximate prices in their own currency, less Australian GST, which will not apply.
Michelle Pike Pty Ltd reserves the right to alter prices for Goods displayed at Michelle Pike Pty Ltd for any reason at any time.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Good(s) in question.
Your Data - Use and Protection
We value the strong relationship we have with our customers, many of which have been built over many years. The data we collect from our customers will be handled sensitively and securely and with proper regard for your privacy.
By placing your order, you agree that we may store, process and use data collected from your order Form for the purposes of processing your order. If you so indicate on the appropriate section of your order Form, by placing your order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Michelle Pike Pty Ltd Goods that may be of interest to you.
If you do not agree to our using such data in order to provide you with information on other Michelle Pike Pty Ltd Goods, you should indicate your non-agreement on the appropriate section of your order Form. A customer may request to see the details we maintain on them in our customer file by forwarding a signed written request to us, however we reserve the right to charge an administration fee for processing such a request. If any data held by us concerning you is incorrect, we will correct it on your written request.
Any personal information that you give us is private. We will never release personal information to persons or entities without your explicit consent. Exceptions to this are (a) where we are required by law to disclose certain information; (b) if you have ordered a product from us that requires personalisation, or delivery to you by an external company.
More information on privacy legislation is available from the Federal Privacy Commissioner.
Credit Card Fraud
Michelle Pike Pty Ltd utilises the security of Paypal to collect your credit card details. Michelle Pike Pty Ltd will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner by the Paypal system.
This website provides general information about Michelle Pike Pty Ltd and the Goods and services offered. Michelle Pike Pty Ltd reserves the right to change, delete or move any of the information provided at any time without notice.
Michelle Pike Pty Ltd is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for your use from this Web Site is free of viruses or anything else that may compromise the operations of your computer systems. We do not warrant that your access to the Web Site will be uninterrupted or error free.
We do not undertake to keep this Web Site updated. As such, Michelle Pike is not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not current.
Furthermore, Michelle Pike Pty Ltd is not liable for any damages or loss of profits which may arise from a result of use or inability to use, the Web Site.
Any unauthorised assignment of rights and obligations under these Terms and Conditions, shall be deemed null and void.
If any provision of these Terms and Conditions is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Michelle Pike Pty Ltd reserves the right to change the Terms and Conditions of sale at any time.
We will not be responsible for non-delivery or delay in delivery of the goods caused by any matter beyond our reasonable control, even if that matter exists at the time you agree to these terms. Michelle Pike Pty Ltd reserves the right to deliver those goods at any reasonable subsequent time and you will accept them.
The laws of Queensland, Australia govern these terms and conditions and we and you accept the non-exclusive jurisdiction of the Queensland Courts in any dispute between us.
Non-Acceptance Or Cancellation Of An order
Cancelling an order
If you wish to cancel an order prior to shipment, you must contact Michelle Pike Pty Ltd immediately e-mail to email@example.com. Michelle Pike Pty Ltd will endeavour to accommodate your request, if the merchandise has not shipped.
If your order is cancelled prior to shipment Michelle Pike Pty Ltd will apply a credit to your credit card and may also apply a cancellation fee.
If an order has already shipped Michelle Pike Pty Ltd's normal returns and exchanges procedure will apply.
Incorrect ordering Of Goods
If you incorrectly order a product, it may be returned to Michelle Pike Pty Ltd within 7 days of receipt and you may purchase a replacement item from the Michelle Pike Pty Ltd website. Once Michelle Pike Pty Ltd receives the original product, it will issue a credit against your nominated credit card, provided that the returned product is in new condition with its original packaging unopened.
Incorrect Supply Of order
If due to an error on the part of Michelle Pike Pty Ltd, you receive a product which does not conform to its order, you must contact Michelle Pike Pty Ltd within 7 days of receipt of the product and may purchase a replacement product from the Site, after returning the original product to Michelle Pike Pty Ltd, provided that the returned product is in new condition.
Goods Damaged In Transit
Michelle Pike Pty Ltd is committed to providing quality Goods to our customers. However if you do receive a product which is damaged, we must receive your written claim within 7 days of your receipt of the product. You must contact Michelle Pike Pty Ltd by e-mail to firstname.lastname@example.org and obtain return instructions.
We will ship worldwide
We will sell and ship Goods worldwide. You will be responsible for international freight and insurance charges and any other import duties and other taxes, which may be levied in the country of destination. Should you fail to pay these relevant import duties and taxes to the freight company on request, then, Michelle Pike Pty Ltd will charge your credit card account with any costs over and above the freight and insurance charges to recover the unpaid import duties and taxes.
Delivery of your Goods
Delivery time of Goods is dependant upon stock levels. Providing stock is available at the time of order, delivery time will takes up to 21 working days from the date your payment is received. Overseas delivery can take up to 5 weeks.
Michelle Pike Pty Ltd will arrange delivery of all Goods to the Customer using its nominated freight carriers. You must not arrange your own courier to collect the Goods from Michelle Pike Pty Ltd.