TERMS AND CONDITIONS FOR GOODS SOLD BY MIMS EMPORIUM ON MIMSDVDEMPORIUM.COM.AU
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Michelle Costa trading as Mims Emporium (ABN 17 681 884 418) (“Mims Emporium”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from mimsdvdemporium.com.au. By placing an order for Goods from Mims Emporium you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Pre-Orders” means an Order placed for a product (e.g. DVD, Blu-ray disc, or any other product) prior to the date of that product becoming available in store;
“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age; and
“Website” means mimsdvdemporium.com.au.
2.1 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
2.2 You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.
2.3 You agree not to use the Site for any purpose that is fraudulent, unlawful or otherwise prohibited by these terms and conditions. You may access the Site for your own personal use but otherwise neither the Site, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without our prior written consent.
While using this Site, you may not:
(a) breach any laws, infringe a third party’s rights or act contrary to any relevant standards or codes or make any fraudulent enquiries, purchases or requests;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material which interferes with other users or other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site, or post any spam, unsolicited or bulk electronic communications;
(c) use another person’s details without their permission or impersonate another person;
(d) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(e) tamper with or hinder the operation of the Site;
(f) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(g) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(h) modify, adapt, translate or reverse engineer any portion of the Site;
(i) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
(j) create accounts by automated means or under false or fraudulent pretences;
(k) violate the security of any computer or other network or engage in illegal conduct;
(l) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(m) use the Site other than in accordance with these terms and conditions;
(n) use the Site if you are not able to form legally binding contracts or are suspended from using the Site;
(o) fail to pay for Products ordered using your login;
(p) transfer your login to another party without our consent;
(q) harvest or otherwise collect information about other customers, including email addresses, without their consent; or
(r) attempt any of the above acts or engage or permit another person to do any of the above acts.
3. PRICING & TAXES
3.1 Prices for Goods are as shown on the Website.
3.2 Mims Emporium reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Mims Emporium.
3.3 In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any). Delivery charge means any cost associated with the delivery of goods from Mims Emporium to your address including but not limited to Australia Post postage service. Any Delivery Charge will appear in your shopping cart and at checkout.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Mims Emporium will contact you before shipping your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Mims Emporium will cancel your Order and refund the purchase price including any standard postage cost. Mims Emporium will not ship your Order until you have paid the Additional Delivery Charge.
3.5 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge.
3.6 All prices and Delivery Charges, Additional Delivery Charges quoted are in Australian dollars and are inclusive of GST.
3.7 Pricing for items that are not in stock can vary and Mims Emporium reserves the right to adjust prices up or down upon arrival of new stock at its own discretion.
4. YOUR ACCOUNT
4.1 Customers are welcome to create an Account however it is not a requirement as guest purchases are also permitted.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Mims Emporium that all information provided by you in relation to your Account is complete, true and accurate.
4.4 You must notify Mims Emporium immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Mims Emporium will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Mims Emporium, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If Mims Emporium suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Mims Emporium then you must pay Mims Emprium the amount of that loss, damage, cost or expense if Mims Emporium asks you to.
5.1 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. Mims Emporium may accept or reject your offer in its absolute discretion. In particular, but without limitation, Mims Emporium may reject Back Orders for items that are not in stock. If you wish to order items that are not in stock please contact firstname.lastname@example.org
5.2 Each Order that you place will, if accepted by Mims Emporium, be a separate and binding agreement between you and Mims Emporium with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.3 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Mims Emporium with their personal information and, by placing an Order, you confirm to Mims Emporium that you have done this.
5.4 Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to Mims Emporium that you are:
(a) 18 years of age or older, where you Order products that are classified R18+;
(b) 15 years of age or older, where you Order products that are classified MA15+.
When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to Mims Emporium that all information provided by you in relation to each Order is complete, true and accurate.
5.6 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Mims Emporium. Mims Emporium will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Mims Emporium will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Mims Emporium, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. Mims Emporium cannot consolidate separate Orders into one delivery.
5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types. Please note that delivery charges are quantity based and consequently you will be required to pay a separate Delivery Charge and any applicable Additional Delivery Charge for each of the Goods ordered, regardless of whether they are delivered to you separately or in one delivery.
5.10 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
5.11 The internet can be an unstable, and sometimes an insecure marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.12 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.13 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Mims Emporium will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.12 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
6.1 Payment for all Orders is required at checkout (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by Mims Emporium after payment has been made, however Mims Emporium may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Mims Emporium cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1. This Section 6.2 does not apply for Pre-Orders which you are paying for by credit card.
6.2 If you are paying for a Pre-Order by credit card, Mims Emporium may take a $1 pre-authorisation from your card when, or shortly after, you place your Order. However, actual payment is not taken at this time and is made in accordance with clause 6.3 below
6.3 If you are paying for a Pre-Order by credit card, Mims Emporium will take payment for your Order immediately before dispatch of the Goods to you. Your Order is deemed to be accepted by Mims Emporium when Mims Emporium does this.
6.4 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 6.3 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly PayPal processes the cancellation.
6.5 When Mims Emporium accepts an Order it represents an agreement by Mims Emporium to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.6 You must pay for Goods by credit card (Visa or Mastercard), Direct Deposit or by PayPal account. If the name on the credit card/payment card/account does not match the name on the Order, Mims Emporium may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card you authorise Mims Emporium and the associated payment gateway provider to deduct the price and the applicable delivery charge(s) from such card.
6.7 Mims Emporium reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.8 Mims Emporium may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Mims Emporium reserves the right to cancel your Order and/or place your Order on hold and request and you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.9 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. CANCELLATION OF ORDERS
7.1 Mims Emporium reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Mims Emporium may do this for example, but without limitation, where:
(a) Mims Emporium suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Mims Emporium’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Mims Emporium is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to available stock, a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask Mims Emporium to cancel your Order in accordance with section 5.6; or
(e) in the circumstances set out in Sections 3.4 or 6.8.
7.2 You may cancel your Order where Mims Emporium:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
7.3 Where Mims Emporium cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
7.4 In the event of Mims Emporium or you cancelling your Order after payment has been processed, Mims Emporioum will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.
7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Mims Emporium will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. AVAILABILITY OF GOODS/REFURBISHED STOCK
8.1 As Mims Emporium is dependent upon availability of new stock to replenish out of stock items, Mims Emporium cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Mims Emporium reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Mims Emporium will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.2 Goods that are shown on the Website as “Used” are Goods which may have a cosmetic blemish or imperfection such as a scratch, crack or rub mark, have had a fault that has now been repaired, or are ex-rental products. All Used Stock is checked and cleaned and assumed in good faith to be in perfect working order.
8.3 Product images displayed on our website are not always images from our inventory and may not be an image of the actual product shipped. Used DVD’s are supplied as either original second hand or ex-rental type and may offer varying features. By accepting these terms and conditions you acknowledge that it is your responsibility to contact us prior to purchase if you have any specific preference to purchasing a non ex-rental or ex-rental product.
9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will generally only be delivered to addresses within Australia. Mims Emporium is unable to deliver to certain parts of Australia and where this is the case the Website may reject your Order. Mims Emporium may, in its absolute discretion, agree to accept Orders for products for delivery outside Australia but is under no obligation to do so.
9.3 Where requested, Mims Emporium will deliver to PO Boxes in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box and you have input a PO Box as the delivery address when placing your Order, Mims Emporium will contact you to arrange an alternative delivery address
9.4 Following dispatch of your Goods, Mims Emporium will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Mims Emporium may charge you a reasonable fee for doing this.
9.7 Stock will be labelled on the Website as either: “In Stock” or “Unavailable”
- In Stock – Mims Emporium aims to have the Goods dispatched to you within 3 business days (some orders will be dispatched quicker than this).
- Unavailable – the Goods will need to be sourced and Mims Emporium will contact you (if requested to do so) to advise if a lead time for delivery can be quoted. The time that it takes to source such Goods will vary significantly and you can contact Mims Emporium prior to placing an order for more information.
Delivery of products should occur within standard Australian Post delivery times. Remote deliveries are subject to local transport schedules and may take longer.
10. PICK-UP OF GOODS IN STORE
10.1 Many Goods can be picked up from Mims Emporium store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.
10.2 Only the relevant Mims Emporium Account holder may pick-up in-store Goods ordered on that Account.
10.3 If you choose to pick up your Order in store, you have the following two options:
- “Same day” – Goods ordered before 3 pm on a business day should be available for pick up in store after 3 pm on the same business day and Goods ordered after 3 pm on a business day should be available for pick up in store on the next business day; or
- “Next Day” – Goods ordered before 3 pm on a business day should be available for pick up in store the next business day and Goods ordered after 3 pm on a business day should be available for pick up in store the business day after the next business day.
10.4 When picking up Goods in store:
(a) you must provide photo identification (current drivers licence, passport or similar ID Card) to store staff to verify that you are the purchaser. If requested, you must allow Mims Emporium to take a copy of this identification for fraud prevention purposes. The copy will not be used by Mims Emporium for any other purpose or disclosed to any person outside of Mims Emporium;
(b) store staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;
(c) you will also need to bring the email that Mims Emporium has sent to you confirming that the stock is available for pick-up; and
(d) store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event Mims Emporium will contact the person who placed the Order using the contact details provided.
10.5 In respect of the estimated time for collection, references to “same day” or “next day” on the Website refer to weekdays and exclude Sundays.
11. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
11.1 You agree and acknowledge that:
(a) Mims Emporium does not guarantee the delivery or availability of Goods within the timeframes set out in Sections Section 9.7 or 10.3 above or otherwise specified by Mims Emporium or any of its staff;
(b) events outside Mims Emporiums control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
(c) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Mims Emporium nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. GIFT CARDS
12.1 Gift Cards are available by contacting Mims Emporium by email at email@example.com
13. REFUNDS OF YOUR MONEY
13.1 Where Mims Emporium is obliged to refund your payment pursuant to these Terms and Conditions, Mims Emporium aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 4.30 p.m Brisbane time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
13.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Mims Emporium will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
14. RETURNS/FAULTY OR DAMAGED GOODS
14.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact Mims Emporium on our Contact Page or via email to firstname.lastname@example.org as soon as possible.
14.2 If you have a problem with any Goods or otherwise wish to return them please refer to Mims Emporiums Returns Policy below which forms part of these Terms and Conditions.
(a) Please choose carefully as you are not entitled to a refund because you change your mind.
(b) We do not accept returns or offer refunds unless the DVDs are faulty. In these rare situations, Mims Emporium will inspect the faulty DVD before approving a refund or replacement. All returns must be made within 14 days of receipt of goods.
(c) Return shipping is at the customers expense and may only be credited to the customer if the goods are proven to be faulty by Mims Emporium staff.
(d) All return requests must be made by email to email@example.com Mims Emporium approval must be received prior to returning the item.
(e) A 20% restocking and cancellation fee applies to cancellation and return requests unless your DVD is found to be faulty by Mims Emporium staff. Refunds for non-faulty items are provided as a store credit.
(f) Should you believe your order is lost in transit it is a requirement that you advise us of the issue within 2 weeks of your order being dispatched.
14.3 When returning Goods:
(a) please provide Mims Emporium with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return the product in the same condition as it was supplied at the time of original purchase.
(c) Refunds will not be provided for goods returned that have been damaged by the customer.
14.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
15. MORE INFORMATION ABOUT MIMS EMPORIUMS LIABILITY TO YOU
15.1 To the full extent permitted at law, Mims Emporium is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
16.1 Mims Emporium never shares, rents or sells email addresses to third parties. You can opt out of our mailing list at any time by clicking the unsubscribe button at the bottom of our emails.
17.1 Mims Emporium reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
17.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
17.3 These Terms and Conditions are governed by the laws of Queensland, Australia.
Version 1 dated 15 February 2020