Terms of Service

Please take a few minutes to read the below information about the legal terms and conditions that apply to your use of the Minnie & MAE website and any services or products that you order from us.  If you don’t agree to these terms and conditions please do not use our website.

OVERVIEW

This website is operated by Minnie & MAE.

Throughout this website, the terms “we”, “us” and “our” refer to Minnie & MAE.

This website is hosted on Shopify Inc. an e-commerce platform that allows us to sell our products and services to you.

Use of this website is subject to the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms of Service apply to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants and/or contributors of content.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Minnie & MAE is not liable to you or any other for any loss in connection with the use of this website or a linked website.  This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

The headings used in these Terms of Service are for convenience only and will not limit or otherwise affect these terms.

Acceptance

By using this website you are bound by these Terms of Service which form a legally binding contract between you and Minnie & MAE Pty Ltd ABN 85 630 844 790.

PRIVACY POLICY

Your privacy is very important to us and we will always act to protect your information.

By agreeing to these Terms of Service you will be deemed also to have read, understood and agreed to our Privacy Policy in its entirety.  You can view the full details of our Privacy Policy here.

USE OF THIS WEBSITE

You may only use this website for lawful purposes and will not use it in a way that violates the rights of any third party.

You recognise and agree that the content contained within this website is only intended for your own personal, non-commercial use and you may only download, print or use content for this purpose.

Unless you have prior consent you must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website.  You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer system.  We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be corrected.

TERMS OF SALE

Product Representation

We make every attempt for each product to be accurately represented including photographs, images and further product information.  We cannot guarantee that the display of any colour will be accurate on your computer or other device you use to access this website.

Any measurements specified is approximate as each product may vary slightly as a result of the manufacturing process.

As we print fabric exclusively for the purposes of manufacturing our range of cloth nappies and accessories any photographs or image depicting these items may vary slightly from the final product due to the nature of the manufacturing process.  This includes, but is not limited to the depth of colour, how the pattern is cut from the fabric and placement of the design on the finished item.

Product Availability

Whilst we endeavour for our website to accurately reflect available stock levels, due to our ongoing commitment to markets and events we apologise in advance should an online product order coincide with a market event where the final quantity of product ordered has been purchased by a market customer.

In the event this situation arises we will, in the first instance, offer a suitable alternative product as replacement for the original item ordered.  Should you consider the replacement product to be an unsuitable alternative we will refund the purchase price of the unavailable item/s.

Orders

We reserve the right to accept or reject an order for any reason including, but not limited to the unavailability of product; an error in the price, image or the product description; error in your order, or your order being identified as carrying an unacceptable level of risk.

We reserve the right to contact you for verification purposes prior to allowing your order to be dispatched.  Should verification not be ascertained within seven (7) days of our first attempt to contact you we will cancel your order and refund your payment.

Shipping

By agreeing to these Terms of Service you will be deemed also to have read, understood and agreed to our Shipping Policy in its entirety.  You can view the full details of our Shipping Policy here.

Product Warranty and Returns

By agreeing to these Terms of Service you will be deemed also to have read, understood and agreed to our Product Warranty and Returns Policy in its entirety.  You can view the full details of our Product Warranty and Returns Policy here.

Payment

All orders are calculated in Australian Dollars (AUS).  You must pay for your products purchased on this website at the time of placing an order.

Payment can be made using all major credit cards, Paypal, Afterpay or Laybuy.

We will always act to protect the details of your payment and purchase however in the absence of negligence, Minnie & MAE will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from this website.

Shopify Inc. will secure your credit card information by encrypting your data during transfer over networks.

Pricing Disclaimer

We reserve the right to change the price of any product or shipping without notice and at our discretion, and prices are subject to change until you have paid for the products in full.

All prices will be represented as GST inclusive.

THIRD PARTY WEBSITES AND OTHER DEVICES

E-Commerce Hosting

You acknowledge and accept this website is hosted on Shopify Inc. an e-commerce platform that allows us to sell our products and services to you.

Links to third-party sites and other websites

There are links on this site to other websites that may be of interest to you.  Please note that we are not responsible for the information contained on those websites.  Each site have their own terms and conditions that you should familiarise yourself with.  We will not be liable for any damage caused by use of these websites.

When you visit this website, we automatically collect information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device.  For more information on the collection and use of personal information please review our Privacy Policy.  You can view the full details of our Privacy Policy here.

We will take reasonable care in ensuring that our website is free from viruses or other dangerous content, however cannot guarantee that the use of this website will not cause damage to your computer or other devices.  It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.

LIMITATION OF LIABILITY

Your use of this website is at your own discretion.

You acknowledge that the website is provided “as is” and that we do not make any warranty or representation as to the suitability of the website or a product for any purposes.

We will not be liable to you for Indirect Loss arising from or connected to this agreement in contract, tort, under any statute or otherwise unless such a loss arises as a result of our own negligence or wilful misconduct.

You agree to indemnify, defend and hold harmless Minnie & MAE, its directors, officers, employees, consultants, agents and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of these Terms of Service.

COPYRIGHT

This website is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

The copyright, trade marks and other intellectual property rights contained within this website are owned by or licensed to Minnie & MAE and unless authorised, the use or misuse of them is forbidden.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

All rights, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and will at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible through the Site, and is protected by Australian and international law.  Nothing in these terms and conditions will constitute any licence of intellectual property rights for you.

You:

• Must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material on this site without our prior written consent
• Must not frame of embed in another website any of the material appearing on the Site without our prior written consent;
• May store a reproduction of the content on the Site on your local computer for the sole purpose of viewing the content; and
• May print hard copies of the content for the sole purpose of viewing and purchasing Products for not for any other use, including commercial use.

You must not use any of the marks or trademarks appearing on the website or our name or the names of our related companies without our prior written consent.

You must not use any of the other company, product and service marks on the website that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

VARIATION

Minnie & MAE shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any product, service and/or any page of this Website.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise.  Please let us know if you have any complaints or comments.

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

GOVERNING LAW AND JURISDICTION

These terms and conditions are to be construed in accordance with the laws of South Australia, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of South Australia, Australia.

The website may be accessed in Australia and overseas.  We make no representation that the website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access the website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Minnie & MAE.  Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Minnie & MAE.