Terms and Conditions

Welcome to the Mii Cosmetics Australia website. We know you want to get straight to the pretty stuff, but these ‘boring but essential’ terms and conditions apply to your use of, and any purchase made through, this site. Please take the time to read and understand them. These terms and conditions also govern how Mii Cosmetics Australia will interact with you on social media sites.  

 REVIEW OF THESE TERMS

This Agreement is subject to change from time to time without notice. We recommend you review our terms (and other Customer Policies) for any updates that will apply to your purchase. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions. Each order or transaction will be governed by the Agreement in force on the date of that transaction. Past terms and conditions and Customer Policies can be accessed on request by written notice to info@miicosmetics.com.au.

Your continued use of the site constitutes your acceptance of the Agreement in place on that date. If you do not agree with any updates to the terms, you must immediately cease using the site. 

While we strive to maintain the site with accurate information, occasionally there may be typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, ingredients and availability. Mii Cosmetics Australia reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

Please note that any colour swatches are supplied as an indication only. Colour will appear differently based on the screen and settings of the device you are viewing the Site with and other factors beyond Mii Cosmetics Australia’s reasonable control, and therefore cannot be taken as a 100% accurate representation.

DELIVERY AND TRACKING

Please see our dedicated delivery page https://miicosmetics.com.au/pages/shipping

INTERNATIONAL ORDERS

miicosmetics.com.au can only fulfil orders within Australia. For international purchases, please contact the international team at info@miicosmetics.com

RETURNS

Our return policy can be viewed at https://miicosmetics.com.au/pages/returns.

PRODUCTS & ORDERS

The products made available on the site, including any samples Mii Cosmetics Australia may provide to you, are for personal use only. You may not resell any products received from Mii Cosmetics Australia.

All orders placed are an offer of purchase and are subject to acceptance by Mii Cosmetics Australia. If for any reason an order is not accepted, a full refund will be given at the earliest possible convenience. Mii Cosmetics Australia reserves the right to refuse an offer for any reason.

Without limiting the above, Mii Cosmetics Australia reserves the right to refuse or reduce the quantity of any orders that it reasonably believes may result in a violation of these terms and conditions, as determined by Mii Cosmetics Australia in its sole discretion. As part of Mii Cosmetics Australia’s order processing procedures, orders may be screened for fraud or other types of unauthorised or illegal activity. Without limiting the above, Mii Cosmetics Australia reserves the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If fraud or unauthorised or illegal activity is suspected, Mii Cosmetics Australia may reject your order, or may contact you using the detail provided to confirm your order. Mii Cosmetics Australia also reserves the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.

Mii Cosmetics Australia reserves the right to limit the number of promotional offers available for purchase by any one customer.

In the event of any requested products being unavailable, Mii Cosmetics Australia may cancel the transaction and effect a full refund.

PRICES & PAYMENT

All prices listed on the site are in Australian dollars and are inclusive of any GST (as applicable).

The prices indicated may be changed at any time without advance notice. However, the products shall be charged at the rate in force when the customer’s order was validated.

The customer warrants that they have the necessary rights to use the payment card or account with which they choose to pay for their purchases, and that they are fully authorised to use it to pay for the order. The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order. Should a payment fail, Mii Cosmetics Australia reserves the right to cancel the sale. Goods ordered will not be dispatched until payment for those goods has been received.

PRE-AUTHORISATION

When you make a purchase on the site by credit card, Mii Cosmetics Australia may conduct a pre-authorisation on your credit or debit card for a portion of the purchase price. Once the pre-authorisation is processed, we will then instruct your financial institution to cancel the pre-authorisation. Please note that no funds are taken from your account at pre-authorisation but a temporary ‘hold’ is placed on them. Once we have cancelled the pre-authorisation, it may take up to seven (7) days for your financial institution to release the funds before you are able to access them.

USE OF PRODUCTS

By placing an order with Mii Cosmetics Australia you agree to use the products only for their intended purpose and in accordance with their instructions, precautions and guidelines. If you use the products for any other purpose, you will assume full responsibility for any loss or damage arising out of this use. Should you have any questions about how to use a product, please contact us and we will be happy to help.

We recommend that you check the ingredients of products before purchasing to avoid potential allergic reactions. 

The cosmetics sold on miicosmetics.com.au are intended for use by adults. Should any minor use a Mii Cosmetics product, it should be only after the parent or legal guardian has discussed such use with the minor's doctor.

LIMITATION OF LIABILITY

To the full extent permitted by law, Mii Cosmetics Australia makes no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied by Mii Cosmetics Australia.

Where legislation implies into this agreement any condition or warranty that cannot be restricted or modified, Mii Cosmetics Australia’s liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at the option of Mii Cosmetics Australia , one or more of the following: (a) replacement of the products, the repair of the products, or the supply of equivalent products; (b) repayment of any part of the price of the products supplied; or (c) payment of the costs of replacing or repairing the products, or acquiring equivalent products.

This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.

BREACH AND TERMINATION

If, in our reasonable opinion, you breach any provision of the Agreement, Mii Cosmetics Australia may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate the Agreement (and your rights to use the site) at any time and for any reason without prior notice to you.

CONCLUSION OF TRANSACTION

The agreement for sale is concluded only when goods are handed over to the designated carrier.

CREDIT CARD STORAGE

The site includes a credit card storage function, which will store your credit card details through a secure external storage service. Your credit card details are never stored on or through the Mii Cosmetics Australia site, and there is no way for these details to be retrieved by us or our staff. However, if you are at all concerned with the potential security of this secure storage process we recommend that you not use this feature. 

APPLICABLE LAW AND JURISDICTION

Mii Cosmetics Australia (miicosmetics.com.au) is created and controlled in New South Wales, Australia. All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of New South Wales. By purchasing products through this site you submit to the jurisdiction of the courts of New South Wales, Australia and Australia and agree that any legal action will only be commenced in these forums.

GENERAL

If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Mii Cosmetics Australia ’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

 

SECURITY

Should you choose to use our express checkout option, you will be required to submit a phone number/password to create a for that profile. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this phone number/password. Mii Cosmetics Australia is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. Mii Cosmetics Australia requests that you promptly report to it any unauthorised use of your account.

INTELLECTUAL PROPERTY

All content on this site, including without limitation logos, text, icons and graphics are the property of Mii Cosmetics Australia or its suppliers and are protected by Australian and International intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer any intellectual property rights.

ADVICE AND INFORMATION

The advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.

The statements made about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.

Use of the site is not meant to serve as a substitute for professional medical advice. The site is solely an online store for beauty products. Please consult with your own doctor or health care practitioner regarding the use of any goods, products or information received from the site before using or relying on them. Your doctor or health care practitioner should address any and all medical questions, concerns and decisions regarding the use of the products. Mii Cosmetics Australia does not give or intend to give any answers to medical related questions. No prescription medications or medical treatments are intentionally provided on the site.

While we make every effort to ensure that the information contained within this website is correct, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the site is accurate, complete, reliable, current, available or error-free.  We take no responsibility for any loss or damage arising from use of information or reliance on advice.

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mii Cosmetics Australia.

USE OF INFORMATION

If you upload or otherwise provide any information or content, including reviews and comments ("User Content") in the course of accessing or using the Site, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any User Content which:

• is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
  
• infringes the intellectual or other proprietary interests of third parties;
  
• contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
  
• violates any law, statute or regulation;
  
• forges information to disguise the origin of any User Content; or
  
• encourages or incites any other person to engage in any of the above behaviour.
  

You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), in all media now known or not currently known. You also waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour.

REVIEWS, COMMENTS AND SOCIAL MEDIA CONTENT

Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give Mii Cosmetics Australia permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit Mii Cosmetics Australia to publish your first name and State or Town in association with any Content provided by you.

By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise Mii Cosmetics Australia to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and (e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any Mii Cosmetics Australia personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.

Mii Cosmetics Australia reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.

User reviews of products in no way represent the views or opinions of Mii Cosmetics Australia or its owners, shareholders, employees or others, but are the sole product of its creator. Mii Cosmetics Australia disclaims all liability with respect to the Content.

SOCIAL MEDIA

Our general policy is not to delete comments on Mii Cosmetics Australia’s social media pages, even if they are critical of us, but there are a few reasons we may take down your posts. These are: (a) if your post may offend anyone; (b) if your post attacks another contributor or Mii Cosmetics Australia personnel; (c) if you flood our feed, making it difficult for others to post; (d) if you post information that may endanger your privacy; (e) if your post is off topic.

While we support lively, open discussion, we reserve the right to block any users who don't comply with our rules, or who are otherwise deemed to be behaving inappropriately.

LIMITATION OF LIABILITY

You agree that, to the fullest extent permitted by law, Mii Cosmetics Australia will not be reasonable or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.

You agree to defend, indemnify and hold harmless Mii Cosmetics Australia (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the site; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of the site.

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

BREACH AND TERMINATION

If, in Mii Cosmetics Australia ’s reasonable opinion, you have breached any provision of this agreement Mii Cosmetics Australia may immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate this agreement (and your rights to use the site) at any time and for any reason without prior notice to you.

COMPETITIONS

Mii Cosmetics Australia may run competitions through its site, or through social media. Your participation in those competitions will be subject to these terms and conditions and any terms and conditions of the competition. The laws of New South Wales will govern all competitions run by Mii Cosmetics Australia.

LINKS TO OTHER SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than miicosmetics.com.au for convenience only. Mii Cosmetics Australia is not responsible for the content or accuracy of any off-site pages linked to or from the Site, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquires regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all other websites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mii Cosmetics Australia.

INTERFERENCE WITH THE SITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site.

Current as at November 2018