Terms and Conditions
Last update to these Terms and Conditions: November 2016
This website (“this website”) www.musluv.com is owned and operated by Musluv Pty Ltd – ABN 64 151 985 661 (“Musluv”).
These terms and conditions (the “Terms and Conditions”) apply to the use of this website, including the purchase of goods over this website. In using or accessing this website for these or any other purposes, you agree to be bound by the Terms and Conditions. If you do not accept the Terms and Conditions, you must refrain from using this website.
In the Terms and Conditions, "we", "our" and "us" refers to Musluv and "you" and "your" refers to you, the user of this website.
A. Website Use
1. E-mails and Other Online Communications
i) When you visit this website, send e-mails to us or send messages to us via social media websites, you are communicating with us electronically. By using this website, you consent to receiving communications electronically. We may communicate with you by e-mail, by posting notices on this website or by posting messages via social media websites. You agree that all electronic communications from us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.
ii) Unfortunately, no data transmission over the internet can be guaranteed to be totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. As such, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmissions we will take reasonable steps to preserve the security of such information.
iii) If you send us certain specific submissions (such as contest entries) or creative ideas, suggestions, photographs, proposals, plans, feedback, testimonials or other materials (collectively “comments”), you agree that we may, at any time, copy, publish, distribute, translate and otherwise use in any medium any comment that you forward to us. We are and shall be under no obligation to:
1) maintain any comments in confidence;
2) pay compensation for any comments; or
3) respond to any comments
2. Ownership of Website and Content
i) Musluv owns this website and, unless otherwise indicated, owns or is licensed to use all content and other material (including, without limitation, graphics, logos, trademarks, design, text, icons, sound recordings and video recordings and any arrangement of any of these) appearing on the website.
ii) The material on this website is protected by copyright and other intellectual property laws under Australian law and the laws of other countries, and may not be used without written permission by Musluv. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Musluv or of the relevant trade mark owner. In particular, but without limitation, you must not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information contained from any part of the website without our prior written permission.
3. Design protection
No rights in the design of Musluv’s products or designs incorporated in such products shall pass to you, other than the right to use products purchased by you. You agree not to copy or reproduce, or cause to be copied or reproduced either directly or indirectly, Musluv’s products, product designs, designs incorporated in such products or product packaging. This protection shall survive the termination of these Terms and Conditions.
We have made every effort to display the colours of our product that appear on this website as accurately as possible. Because the actual colours you will see will depend on your monitor, we do not guarantee that your monitor’s display of any colour will be accurate.
Musluv does not guarantee that this website, or any data or program available for download on this website (or any linked website) is free of viruses, worms, trojan horses or other spyware or malware, and you agree that you assume the risk of any damage as a result of using this website. We are not liable to you if interference with or damage to your computer systems occurs in connection with your use of this website or a linked website.
6. Operation of Website
We do not guarantee that your use of this website will be interrupted or error free. We may terminate access to this website at any time, without written notice.
7. Website Content
i) We provide this website and its contents on an "as is" basis only and we do not accept any responsibility for any loss or damage arising out of your use of or reliance on information contained in or accessed through this website. We make no warranty or representation in relation to the accuracy, completeness, currency or reliability of the information contained on this website. We do not undertake to keep this website updated.
ii) Additionally, this website may contain information from or hyperlinks to websites operated by third parties. Musluv provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website. We make no warranties or representations and accept no liabilities in relation to material contained on other websites or in relation to their privacy policies.
B. Purchase of goods
If you decide to make a purchase through this website, the Terms and Conditions, your order, the shipping confirmation you receive from us and the order reference number provided to you constitute the entire contract between us and you for the supply of products.
9. Legal Capacity to Transact
i) If you are under eighteen (18) years of age, you cannot order via our website.
ii) Should we suffer any damage or other losses as a result of a transaction entered into by a minor using our website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via our website.
10. Formation of Contract
You offer to purchase products from us through this website. Your offer is made by completing and submitting your order and providing your payment details. Within 7 days of receipt of your order, we will at our discretion accept or reject your offer to purchase. We are not required to give reasons for rejecting your offer to purchase. Our acceptance of your offer is confirmed by us providing you with a shipping confirmation. Once we provide you with the shipping confirmation, a binding contract is formed. If we have not provided you with a shipping confirmation and reference number within 7 days, your offer will be deemed to be rejected.
11. Your account
i) To purchase from us you may establish an account on this website or check out without creating an account.
ii) We retain absolute discretion to refuse to allow your account to be established and/or to terminate your account.
iii) You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server for ease of use in processing future orders.
iv) You agree that you will not let anyone else access your account or do anything that might put the security of your account at risk. You must notify us immediately if you become aware of any breach of security or unauthorised access or use of your account. You are solely responsible for the activity that occurs on your account.
v) We reserve the right to remove your username or similar identifier in respect of your account if appropriate.
12. Processing your Order
i) Upon completing your order and submitting it through the checkout system, an order confirmation and order reference number will be issued to you via a confirmation email, subject to you providing us with your e-mail address. Neither such order confirmation, nor such order reference shall constitute an acceptance of your offer.
ii) We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.
iii) Upon processing your order and receiving payment via your credit card or debit card we send you a shipping confirmation email, subject to providing us with your email address.
iv) We reserve the right to:
1) refuse service or supply of the products;
2) terminate the contract and/or your membership account;
3) remove or edit content from our website at our sole discretion;
4) limit or cancel quantities purchased per person, per household or per order (such that the sale is limited to our sole judgment of a reasonable or normal household quantity);
5) limit or cancel sales of our products to any person, geographic region or location on a case-by-case basis; and/or
6) limit or cancel orders that in our judgment appear to be placed by dealers, resellers or distributors.
v) If we cannot process your order after payment, we will contact you using the details entered on the order form at the time the order was submitted and arrange any necessary refund.
13. Payment Methods and Processing
i) Your payment will be processed using either:
1) Shopify Payments; or
2) Paypal Australia Pty Limited, ABN 93 111 195 389, ASFL number 304962.
ii) Payments for orders placed on weekends or public holidays or outside of business hours may be processed on the next business day.
iii) Business days are Monday to Friday, excluding Australia public holidays and business hours are 9am to 5pm on a business day.
iv) We process payments only after you successfully complete the checkout.
v) Your order number must be provided to track your purchase and is required for any returns made in accordance with the Terms and Conditions and our returns policy for this website (the “Returns Policy”). The Returns Policy is expressly incorporated into these Terms and Conditions.
All purchases within Australia will be subject to GST under A New Tax System (Goods and Services Tax) Act 1999.
i) We and any other persons involved in the management of this website may make changes in the products and prices described, and to other content of this website, at any time without notice.
ii) You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged or you have otherwise paid for the purchase, we will immediately issue a credit to you for the amount in question.
iii) We reserve the right to modify prices published on this website at any time.
iv) The price displayed for products on this website represents the full price in Australian dollars for the product itself and GST, but does not include postage/delivery charges.
16. Description and Availability
i) We make every effort to ensure that product descriptions on our website are accurate. However, some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.
ii) Details contained on this website and details relating to goods have been prepared in accordance with Australian laws and standards and may not satisfy the laws or standards of any other country. We do not warrant that details on this website and details concerning those goods will satisfy the laws or standards of any other country. It is your responsibility to determine whether these details satisfy the laws and standards of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws or standards of your jurisdiction, you may not order any goods from this website.
iii) We attempt to keep stock of most items listed on this website. However, we give no undertaking as to the availability of products displayed or advertised on this website.
17. Delivery of Goods
i) Subject to Clause 12 iv), after ordering online and selecting the option of delivery:
1) you will receive an e-mail confirmation, containing your order details (if you have provided your e-mail address to us);
2) we will endeavour to send your goods as soon as possible, however, delivery of each ordered product can take up to 15 business days or more from the date payment is received;
3) we will arrange for the orders to be sent via Auspost and all deliveries are subject to the service provided by Auspost;
4) we will arrange delivery of each ordered product to the place of delivery designated by you at checkout. Such arrangement of delivery will be made in accordance with our shipping policy for this website (the “Shipping and Delivery Policy”). The Shipping and Delivery Policy is expressly incorporated into the Terms and Conditions; and
5) delivery may exceed 10 days if our customer service team are unable to verify your details within 48 hours after placing your order.
ii) Please contact our customer service team if you wish to change your delivery address after payment. If your order has been sent you will be unable to change your delivery address.
18. Title and Risk
Title to and risk in the products will pass to you upon the later of: (a) payment in full has been irrevocably received by us; and (b) the delivery of the goods to you.
19. Cancelled Orders and Change of Mind Returns
i) Please ensure that you choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled once we have provided you with the shipping confirmation and order reference number.
ii) If you have changed your mind about the ordered products or make an incorrect choice, Musluv will offer you (at its election) an exchange or store credit provided that the conditions specified in the section entitled “Change of Mind Returns” in the Returns Policy are met.
iii) If an exchange or store credit is granted under Clause 19 ii) above:
1) you may exchange the product or receive store credit only to the original purchase price value of your goods purchased online;
2) you may exchange the product or receive store credit in respect of such item once only;
3) the product may only be exchanged or you may only receive store credit in respect of that product if you return all items, including the original packaging and any promotional items included with the product and if none of the original components of the product have been damaged in any way;
4) in the event our customer service team determines that you have caused damage to the product that you returning, exchange or store credit can be refused at the discretion of the customer service team.
20. Faulty Products & Their Return
i) If you receive a product which:
1) has a fault, is damaged in transit to you, is defective or is not of acceptable quality; or
2) is not fit for the purpose we intend; or
3) does not match our description (a “faulty product”)
then we will (at our election) either arrange for it to be repaired or replaced for you or we will offer you a refund or store credit. A refund is only available if the product is no longer available and we elect not to repair or give you store credit.
ii) Products damaged in transit to you must be reported to us within 48 hours of receipt of the product.
iii) If you receive a product that you think is a faulty product, you are to promptly contact our customer service team who may provisionally determine whether the product is a faulty product or not. We may require you to provide reasonable evidence of such fault, including photographic evidence.
iv) Products must be returned whenever we agree to replace the faulty product or provide you with a refund and such returns must be made in accordance with our Returns Policy.
v) Please ensure that all original items including packaging are returned.
vi) It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during the return delivery to our facility.
vii) Please note any items which we determine in our sole judgment have been misused, damaged, abused or neglected under your care, are non-returnable, non-refundable, non-exchangeable and not eligible for store credit.
21. When a Replacement Product is arranged
Where we elect to replace the faulty product pursuant to Clause 20:
i) a replacement for the same product ordered will be delivered at our expense after we have received the original faulty product; and
ii) subject to availability, the delivery time for the replacement product may be the same as stated for the original product.
22. When a Refund is arranged
Where we elect to give you a refund pursuant to Clause 20:
i) Refunds include delivery and associated costs for the faulty product.
ii) No refund will be processed until we have received the product from you.
iii) Refunds will only be issued to the same credit card or other method of payment used for the original purchase.
23. Payment Fraud
Whilst we employ Secure Sockets Layer (SSL) technology and use secured payment gateways, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a customer whose credit card or other payment details are fraudulently used or is used in an unauthorised manner.
24. Force Majeure
We shall not be liable for any delay or failure in performing any of obligations under these Terms and Conditions if such delay or failure is caused by circumstances beyond our reasonable control and, in the case of delay, we shall be entitled to a reasonable extension of time for the performance of such obligations.
C. Indemnity, liabilities and disclaimer
25. Consumer Rights
i) Your consumer rights are limited to those set out in these Terms and Conditions and under statute.
ii) In particular, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia.
iii) Nothing in these Terms and Conditions modifies, restricts or exclude the conditions, warranties, guarantees and undertakings, liabilities and other legal rights, protected by the Australian Consumer Law and other applicable laws, to the extent that such modification, restriction or exclusion would render these Terms and Conditions or any provision of these Terms and Conditions to be void, illegal or unenforceable.
iv) For the purposes these Terms and Conditions, "Australian Consumer Law" means the law as set out in Schedule 2 of the Competition and Consumer Act 2010.
To the fullest extent permitted by Australian law, you agree to indemnify us and keep us fully and effectively indemnified from and against all loss, damage, costs, charges, actions, claims, penalties and demands sustained, recovered or made against us, including but not limited to against any loss of or damage to any property or injury to or death of any persons, caused by or in connection with any act or omission, negligence or wilful misconduct on your part or that of your employees, agents or sub-contractors or by any breach of your contractual or tortious obligations which relate to our intellectual property rights.
Except as expressly set out in these Terms and Conditions and in the Australian Consumer Law (but only, in the case of the latter, to the extent that they cannot be excluded, restricted or modified):
i) we make no warranties or other representations to you; and
ii) we exclude all implied conditions, guarantees and warranties under these Terms and Conditions or in connection with any goods or service provided through this website.
In particular, but subject to the consumer guarantee in the Australian Consumer Law, we make no warranties or representations (and exclude all implied conditions, guarantees and warranties) in relation to the suitability or fitness for any purpose of goods or materials supplied to you or their quality or merchantability.
28. Our Liability
i) To the fullest extent permitted by Australian law and subject to liability under the consumer guarantees referred to above:
1) Musluv will not be liable in contract, tort (including negligence) or otherwise to you for any special, indirect or consequential loss or damage (including, without limitation, loss of opportunity, loss of revenue, loss of profits or anticipated profits, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with loss of data or damage or other interference to your computer systems) arising out of or in connection with this website or any linked website (including, without limitation, the disruption, suspension or termination of any website) or arising out of or in connection with the purchase, use or performance of products purchased through the website; and
2) our total liability under these Terms and Conditions in respect of each event or series of events shall not exceed the total price paid for any relevant purchase of products from our website.
ii) The indemnity under Clause 26, the disclaimers under Clause 27 and the limitations of liability in Clause 28 shall survive any termination of these Terms and Conditions.
ii) You are not permitted to assign any rights and obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent. Any unauthorised assignment shall be deemed null and void.
iii) If any provision of these Terms and Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions shall not be affected thereby.
iv) No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
v) Headings used in the Terms and Conditions are included for convenience only and do not limit or otherwise affect the Terms and Conditions.
vi) These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
30. Resolving Your Concerns
If you have any concerns with, or do not understand, our Terms and Conditions, we encourage you to contact us.
Our contact details are below and we will respond to your query as soon as possible.
Customer Service Team
Musluv Pty Ltd
24 Curtis Road