Terms and Conditions
These terms and conditions outline the rules and regulations for the use of www.milkensemble.com.au (website) and your purchase of any products (products) from Milk Ensemble Pty LIMITED (ACN 672 172 397).
By accessing the www.milkensemble.com.au website, you agree to accept and comply with the following terms and conditions. If you do not agree with any of these terms below, you must not use this website or purchase any of our products. The contents contained on this website are protected by applicable copyright and trademark law.
1. Intellectual Property Rights a. Content, including but not limited to images, logos, graphics, images, text, logos, and videos, displayed on this website is the property of Milk Ensemble Pty Limited and is protected by copyright laws. b. You can use this website for personal, non-commercial purposes via a limited license to access. Any unauthorised use, including reproduction, modification, copying or distribution of the content, is strictly prohibited.
2. Products and Pricing a. We strive to display our products as accurately as possible, including colour, size, and description. However, we cannot always guarantee the complete accuracy of such information. b. Prices displayed on our website are in Australian Dollars and do not include shipping charges, taxes etc. We reserve the right to modify prices at any time without prior notice.
3. Orders, Pricing and Payment a. By placing an order on our website, you are purchasing your chosen products. We reserve the right to reject or accept orders at our discretion. b. Payment for your order must be made through the provided payment methods. You agree and acknowledge that your placement of an order for any of our products will not be accepted by us until: (a) we receive the full purchase price for all products in your order; (b) we confirm the availability of the products in stock ; and (c) we send you a receipt for your order (this may take several days during busy periods). c. In order to purchase the products, you agree to pay us the amount that has been set for those items, as well as any postage prices. You are liable to pay any duties or other taxes or fees added to your order. d. All prices on the website are in Australian Dollars (AUD). e. We reserve the right to vary the prices of the products on the website at any time without notice to you. f. We accept payment via Paypal and the credit cards indicated on our Website. We use Shopify, who ensure that your information is kept safe and secure. Third party processing fees may be payable in this regard.
4. Shipping and Returns a. We will make every effort to ensure timely delivery of your order. However, we are not liable for any delay or failure caused by unforeseen circumstances or events beyond our control. b. We accept returns from within Australia within seven [7] days from the date of delivery for eligible products. Returned items must be in unused condition with all original tags and packaging. Items must not have any make up, deodorant, other marks, or smells. We reserve the right to refuse returns that do not meet these criteria. All international orders are final sales. We do not accept returns/exchanges on international orders.
5. Shipping and Delivery: (a) We post your Order using Australia Post to the address that you provide to us. Upon the delivery of the Order to your nominated address, ownership of any Products in the Order pass to you. (b) Dispatch and delivery times may vary depending on availability or factors outside of our control, and you release us from any liability relating to the postage or timing or your Order.(c) In the event that you do not receive your Order, please immediately notify us via email. (d) Items sent via Australia Post will be tracked and include insurance. (e) International orders are subject to Duties and Taxes. If the order is rejected/refused on arrival to your address, then Aus post will return the order back to us. We will issue a refund once received, however, we will not refund the shipping costs. We are now offering international shipping for a flat rate fee! Please note that any import or customs duties/taxes are charged once your package reaches your country. These charges are the responsibility of the recipient of the package and must be paid by you. Each country has differing duties/tax amounts so please speak with your local customs office to predict possible charges as milk ensemble is unable to estimate these charges. The recipient is liable to pay these charges.
6. Returns
(a) Please see our policy regarding returns within Australia (this can be viewed on the 'Returns page' of our website. At this point we do not offer exchanges.
(b) You acknowledge that any postage costs you pay to us for the order are non-refundable. We will not be liable for any costs that you incur, including but not limited to postage costs, in order to return any product/s to us.
(c) We must receive any returned products in their original condition, with all original tags still attached, and they must not have been worn, washed, altered or otherwise used or changed in any way (including but not limited to make up, deodorant, other marks, or smells.)
(d) If we determine that you are misusing our returns policy, we reserve the right to refuse your request/restrict/cancel your access to the our website.
(e) We will process any returns or refunds once we have verified, in our discretion, that you have complied with the Agreement.
(f) All international sales are final. No returns or exchanges available on international orders.
7. Cancellations
(a) We reserve the right to cancel your order at any time prior to ownership of the products passing to you, in which event we will refund you any money that you have paid for those products within seven (7) days.
(b) If you wish to cancel an order, you may email us immediately. If we have already posted your order, you are not able to cancel it.
8. Promo Codes
(a) We may offer promotional codes from time to time, subject to any conditions that we create.
(b) Our discount codes are unable to be used on sale items or in conjunction with other codes or offers.
(c) Only one Promo Code can be used on an order.
(d) We make no guarantees regarding Promo Codes and are not liable for their failure or any liability arising in relation to them.
9. Limitation of Liability a. To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of this website or the products purchased from it.
10. Governing Law a. These terms and conditions shall be governed by and interpreted in accordance with the laws of Australia, without regard to its conflict of law provisions.
11. Modifications a. We reserve the right to update or modify these terms and conditions at any time without prior notice. Your continued use of this website after any changes constitutes acceptance of those changes.
12. Pre-order:
(a) We may allow you to purchase certain Products through pre-order.
(b) In the event that you elect to purchase Product/s through pre-order, you acknowledge that:
(i) you will be required to pay the price for the products, and any postage charges, when submitting your pre-order.
(ii) you will not receive your order until a later date, as notified by us; and
(iii) please see 'Cancellations' above in relation to cancellations.
By using the Website and/or purchasing the Products, you, at all times:
(a) confirm that you have elected to use our website and/or purchase the products of your own free will;
(b) understand that your use of the website and/or purchase of the products may result in mobile or internet provider data usage charges.
(c) agree to maintain the security of any passwords;
(d) confirm that you use the website and/or purchase products at your own risk and only purchase them/use website for their intended purpose;
(e) confirm that you are not allergic to, or otherwise unable to purchase or use, any products that you purchase;
(f) acknowledge and agree that, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect us and our customers, or to ensure the integrity and operation of our business, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, and that our right to disclose any such information shall govern over any terms of our Privacy Policy; and
(g) agree that, in the event that an account is created under the name of a corporate entity, the authorised agent of such corporate entity, listed in the account details, hereby enters into these Terms as personal guarantor and, as such, is personally liable with respect to the Terms.
13. Restrictions
When accessing or using the Website, you must not, at any time:
(a) use the Website for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;
(b) use or attempt to use another user’s account without authorisation;
(c) hack into any aspect of the website/business and/or corrupt data; and/or
(f) send unsolicited advertising, promotional material or other content to us or any of our customers.
14.
You agree and acknowledge that we may, at any time and without notice to you:
(a) modify, suspend or terminate your access to the Website, in whole or in part,
(b) run advertisements and promotions on the website.
15.
You agree and acknowledge that:
(a) the colours, sizes and other aspects of our products shown on the website may vary slightly from the actual products purchased by you.
(b) you must follow the care instructions on each garment, including specialty washing instructions.
(c) no representations have been made as to the fitness or suitability of the Products for any purpose; and
(d) you have not made any representations to us regarding the purpose for which you intend to use the Products.
(e) we are not liable for any health issues (such as, but not limited to, mastitis, allergic reactions or other irritations) as a result of using this product. You agree to use this product at your own risk. If you would like to seek additional information in this area, please contact a lactation consultant or specialist medical practitioner. Customers should therefore obtain their own medical advice before purchasing or using our products.
16. Liability and indemnity
(a) The products are provided on an "as is" basis without warranties of any kind, either express or implied. To the extent permitted by law, we expressly disclaim all other warranties, express or implied, relating to the products and/or the website.
(b) Without limiting the remainder of this clause, neither us nor our related entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind.
(c) You agree to indemnify us and our agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, loss of revenue and consequential losses, arising from your failure to comply with the Agreement or any applicable legislation.
17. Third party links
The Website may include links to websites, platforms and/or software operated by third parties. We have no responsibility or liability for the content and activities of such websites, platforms and/or software.
18. Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.
19. Applicable law
You agree that all disputes, claims or other matters arising from or relating to your use of the Website and/or the Products will be governed by the laws of New South Wales, Australia. You agree that all claims you may have against us arising from or relating the Website or the Products will be heard and resolved in a court of competent jurisdiction located in New South Wales, Australia. All references to a time in the Agreement is that time in Sydney, Australia.
It is important so that one party cannot later claim that separate representations, communications, agreements, statements or understandings, particularly when given verbally, form part of the Contract.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of Milk Ensemble Pty LIMITED products. The right granted to you does not include any license or permission to use Milk Ensemble products or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any Milk Ensemble products or any part thereof. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Milk Ensemble PTY LIMITED or its licensors, suppliers, publishers, rights holders, or other content providers. We take no responsibility for minors under the age of 18 using our website. Use of this website requires that the person using the website has the legal capacity to enter into an agreement and is over the age of 18.
You may not misuse the Milk Ensemble services. You may use the Milk Ensemble services only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights we have at law and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by Milk Ensemble under these Conditions of Use terminate if you do not comply with this Section.
This contract constitutes the whole agreement between the parties and seeks to prevent the parties from relying on any preceding agreements, negotiations or discussions that have not been set out in the agreement.
By using Milk Ensemble Pty Limited (www.milkensemble.com.au) Website and making any purchased, you agree to abide by these terms and conditions. If you do not agree to these terms, please refrain from using our website and making purchases.
If you would like to discuss our terms and conditions further please contact the Founder of Milk Ensemble Pty Ltd at info@milkensemble.com.au.