Terms and Conditions

 
Mihoos Sorbets & Ice Cream (ABN 40 676 267 676) Terms and Conditions govern the sale of all goods by us to you the products listed on www.mihoos.com.au (website). Please read our Terms and Conditions carefully before ordering any products from us through our website. By submitting your order to us, you agree to be bound by our Terms and conditions. Please contact us  contact@mihoos.com.au for clarification of any part of these Terms and Conditions. Please print a copy of these terms and conditions for future reference. We reserve the right to make amendments to our website terms and conditions from time to time by updating them on this page. Our website is only intended for use by people residing in Australia. You must ensure that all information provided by you to us is accurate and current.
 

    YOUR STATUS

    • By placing an order through our website, you warrant that:
      • You are legally capable of entering into binding contracts; and
      • You are at least 18 years old
      • You are resident in Australia; and
      • You are accessing our site from that country

    HOW TO PLACE AN ORDER

    • You select your order by clicking the “Add to Basket” link as shown for the selected item.
    • You can review your chosen product any time by clicking the “View Basket” button.
    • You complete your order by clicking the button “checkout”.
    • You will be then be asked to register an account or proceed as a guest account.
    • You will provide us with your personal information such as your name, telephone number, email address, credit and debit card information and address.
    • You will receive an order acknowledgement e-mail/webpage confirming receipt of your order.

    PAYMENT AND PRICING

    • All product prices are in Australian dollar which includes GST.
    • We accept payment by credit or debit card with American Express, Visa and Mastercard.
    • We may change our product prices and delivery charges at any time however this change will not affect prior placed orders which is confirmed by us.
    • Our product and delivery charges changes will be updated on the website from time to time.
    • All orders are subject to availability and confirmation of the order price by us to you.
    • It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
    • Complete debit/credit card details cannot be viewed by Mihoos or any outside party.
    • Payments will appear on your bank statement as Mihoos.
    • All payment information is collected and stored by the applicable third-party in order to be processed as required. We never permanently store complete debit/credit card details.
    • If we are unable to debit your payment method your order may still be dispatched and the sale will be deemed to have occurred.
    • In the event failed payments due to insufficient funds, incorrect or outdated payment information, and transaction disputes, we reserve the right to re-attempt payment on the nominated payment method to recover any outstanding amounts.
    • In the event that payment re-attempts are unsuccessful, we reserve the right to recover the debt through alternative means, either directly or through a third-party.
    • We reserve the right to suspend or terminate future deliveries when payments are outstanding.
    • You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments.
    • If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral
 

    CANCELLATION AND REFUND

    • If you cancel your confirmed order which is already paid by you, you will not be eligible for a refund from us.
    • We comply with the Australian Consumer Law.
    • We will offer an appropriate full or partial or credits refund of the purchase price in case of our product was damaged or your order did not arrive.
    • You must contact us at contact@mihoos.com.auor on 0421 882 030 within one (1) day of receiving your delivery to qualify for a refund.
 

    DELIVERY

  • While ordering your item, you’ll be required to select a delivery window as provided on the order page on our website.
  • Once you order the item from our website, we will send you an email confirmation with details of your order number.
  • We will aim to provide your order at the selected time, however, the delivery window may get changed due to circumstances outside our control such as weather, emergency situation, traffic incidents etc.
  • You will receive a text confirmation with the expected time for your order delivery between your selected window. You are required to be available to collect the order or nominate someone else to collect the order on your behalf. If you are unable to collect the order, you will be automatically placed in the next available delivery window. We will follow the above process again to ensure your order is delivered.                             
  • You may have a maximum of two chance to change your delivery time, after which your order will be deemed cancelled. No refund will be provided on this instance. However, we may provide credit for your future use.
    • The time given for collection and delivery are only approximate. We will try to deliver within the approximate delivery time.
    • You agree to provide a correct delivery address for us to make the delivery. Failure to provide a correct address will not be eligible for a refund.
    • You must live in our delivery service area as listed on the website to make an order.
    • If you will not be home at the time of delivery to receive the order, Mihoos reserves the right to cancel your order with no refunds.
    • A delivery fee may apply.
    • If a re-delivery is required at an alternative time through no fault of Mihoos an additional fee of may be charged depending on your location.
    • Delivery windows vary by location.
    • Once we deliver your products in accordance with your delivery instructions, the ownership of the products will transfer from us to you.
    • We may require the person accepting the delivery of the order to provide us with proof of that person's identity (including photographic identification) and, where relevant, age.
    • We will aim to deliver during the window that you select. However, if an event occurs that is beyond our control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
    • We will deliver the Products to the front door of your nominated delivery address. You must make all appropriate arrangements to assist and allow us to deliver the Products, including ensuring safe access and obtaining any prior security or other approvals which may apply to the Delivery Address.
    • You understand that we may need to change your delivery date and window from time to time. We will notify you as soon as reasonably possible if your delivery date and window changes for any reason.
  • Our average delivery time is two days and our maximum delivery time is three days.

    RISK AND TITLE

    • The Products will be at your risk from the time of delivery to the Delivery Address or in accordance with your delivery instructions.

    FORCE MAJEURE EVENTS

    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
    • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
      • strikes, lockouts or other industrial action;
      • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;?
      • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
      • impossibility of the use of public or private telecommunications networks; and
      • the acts, decrees, legislation, regulations or restrictions of any government.

    GOVERNING LAW

    • The laws applicable in New South Wales govern these terms and conditions and any Contract formed under these terms and conditions and any dispute in connection with any Contract.
    • The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

    INTELLECTUAL PROPERTY RIGHTS

    • We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.

    TRANSFER OF RIGHTS AND OBLIGATIONS

    • Any Contract between you and us is binding on you and us and on our respective successors and assignees.
    • You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    • We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

    DISPUTES

    DISCLAIMER AND LIMITATION OF LIABILITY

    • The following paragraphs exclude or limit our liability for your use of the website. They all apply so far as the law permits
    • While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the website, that information is provided in good faith and on an “as is“ and “as available“ basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
    • You acknowledge that the Products displayed on the website are not an exact sample and are indicative only and that the Products you receive may vary from those displayed according to seasonal availability.
    • To the extent permitted by law, we do not represent or warrant that the website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
    • You must take your own precautions to ensure that the process which you employ for accessing the website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
    • Unfortunately, no data transmission over the Internet can be guaranteed as 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. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
    • The collection, use and disclosure of your personal information are also subject to our Privacy Policy.
    • To the extent permitted by law, we do not accept responsibility for any loss or damage, however, caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the website.
    • To the extent permitted by law, under no circumstances will we be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.
    • Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

    VARIATION OF THESE TERMS AND CONDITIONS

    • We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
    • You will be subject to the policies and terms and conditions in force at the time that you order Products from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven working days of receipt by you of the Products).