Website Terms and Conditions
User Agreement - Website Terms and Conditions
About the website
Welcome to www.milikaico.com.au (the Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the Products). The Website provides this service by granting you access to the content on the Website (the Purchase Services).
The Website is operated by Milikai Pty Ltd, ACN 613638458 (MILIKAI CO). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by MILIKAI CO.
These Website Terms and Conditions of Use (Terms or Agreement) govern your use of the Website and are the basis of a binding contractual agreement between you and MILIKAI CO.
For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us using the contact details provided at www.milikaico.com.au.
By using the Website, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
Licence to use Website
We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.
You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.
You must not use the Website in any way:
that would, in the absolute discretion of MILIKAI CO, cause you or us to breach any law, regulation, rule, code or other legal obligation;
that is or could reasonably be considered, or is considered to be in the absolute discretion of MILIKAI CO, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, sexually harassing, hate-speech, blasphemous, in breach of confidence or in breach of privacy;
that would bring us, or the Website, into disrepute; or
that infringes the intellectual property or other rights of any person.
You represent and warrant to us that you have the legal capacity to enter these Terms.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
You may make a claim under this clause (the Warranty Claim) for material defects and workmanship in the Products within 12 months from the date of purchase (the Warranty Period).
To make a Warranty Claim during the Warranty Period, you must provide:
proof of purchase;
a detailed description and photographs of the warranty defect; and
a warrant that any defects or faults were not caused by you;
to MILIKAI CO.
You can make a Warranty Claim by sending written notice, including your contact details and order number to Milikai Pty Ltd at Level 2, 5 George Street, North Strathfield, NSW 2137, Australia or by email at email@example.com.
Where the Warranty Claim is accepted, MILIKAI CO will, at its sole discretion, either repair or replace any defective Product or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
MILIKAI CO does not make any warranty with respect to:
the appearance of the supplied Products;
any supplied Product the exterior of which has been damaged or defaced, or which has been subjected to misuse, abnormal service or handling; or
any supplied Product which has been altered or modified in design or construction after purchase.
To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms or in other MILIKAI CO agreements, policies and procedures as amended from time to time.
These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.
Purchase of Products
When you use the Purchase Services to purchase any Product through the Website, you agree to pay the purchase price listed on the Website for the Product (the Purchase Price).
Following payment of the Purchase Price being confirmed by MILIKAI CO, you will be issued with a receipt to confirm that the payment has been received.
Delivery and insurance
In providing the Purchase Services, MILIKAI CO may provide you with access to a variety of delivery and insurance service options.
MILIKAI CO is not the provider of these delivery or insurance services and is not liable for any loss or damage resulting from their use.
In the event that an item is lost or damaged in the course of the Delivery Services, we recommend that you:
contact the delivery or insurance provider immediately to request a refund or to claim on any insurance options available; and
contact MILIKAI CO immediately by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged in transit.
Access to Purchase Services
Before you may access the Purchase Services, you must:
enter your customer details, email address and password; and
select the checkbox marked “I have read the User Agreement,” where you will find a link to this Agreement.
By selecting the checkbox marked “I have read the User Agreement,” you are deemed to have read and agreed to be bound by this Agreement.
If you have registered with us and subsequently change your details, you should immediately notify us of any changes by contacting us at email@example.com.
When you register, you are registering as a personal user of MILIKAI CO. We allow you access to the Website and Purchase Services on the basis that:
your email address and password are personal to you and may not be used by anyone else to access MILIKAI CO; and
you will not do anything which would assist anyone who is not a registered user to gain access to any registered area of MILIKAI CO; and
you will comply with these terms and conditions.
If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your registration with MILIKAI CO immediately and without giving you any advance notice.
MILIKAI CO may, at their sole discretion, provide a refund on the return of the Product where the Product is:
returned to the MILIKAI CO warehouse (address to be provided on return approval) within 90 days of the date of purchase;
repackaged in its original product packaging;
remains in a saleable condition.
You acknowledge and agree that you are liable for a refund administration fee of $30 associated with any refund pursuant to this clause.
Copyright and Intellectual Property
The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved by MILIKAI CO or its contributors.
MILIKAI CO retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
the right to use or exploit any business name, trading name, domain name, trade mark or industrial design.