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Michael's Products Terms & Conditions

Company: Michael’s Products Pty Ltd
ABN: 25 009 126 959
Contact: 1300 133 818
Website: www.michaelsproducts.com

These Terms and Conditions govern the use of Michael’s Products website and the purchase of any goods from it. The website is owned and operated by Michael’s Products Pty Ltd (ABN: 25 009 126 959). Should you have any questions, please contact Michael’s Products prior to ordering from this website.

Acknowledgment and Acceptance of Terms & Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Please read them carefully. Michael’s Products reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. Your usage of this site and placement of an order indicate, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability

Any liability of Michael’s Products and associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Michael's Product’s, will be limited to:

  1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
  2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Copyright
The Michael’s Products website is the property of Michael’s Products. Material on this website also comprises copyright material, which are the property of Michael’s Products and third parties. This property may only be used for the purposes of browsing the Michael’s Products website and acquiring goods and services of Michael’s Products.

The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of Michael’s Products. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of Michael’s Products.

External Links
External links may be provided for your convenience, but they are beyond the control of Michael’s Products and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites’ terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact Michael’s Products if you would like to link to this website or would like to request a link to your website.

Applicable Law
These Terms and Conditions are governed by the laws in force in Perth, Western Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Perth, Western Australia and any courts, which may hear appeals from those courts.

Information Provided by You
If you purchase goods and services from Michael’s Products we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Michael’s Products with current, complete and accurate customer information when asked to do so by the website or an employee of Michael’s Products.

Product Information
Prices of goods and services and delivery and other charges displayed on the Michael’s Products website are current at the time of display.
We take every reasonable care to ensure accuracy of all products listed. However, we do not accept liability for any errors in pricing and description. Pricing and stock availability is subject to change anytime without notice.

Placing and Accepting Orders
Orders will not be despatched until payment in full has been received and Michael’s Products is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, Michael’s Products is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Cancellation by Us
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by You
If you need to cancel an order, please contact us immediately on 1300 133 818. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

Delivery
It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

We will provide you with an estimated date for delivery of all parcels and while we make every effort to deliver by this time, all dates specified are estimates only. Unfortunately, we are unable give a guaranteed time of delivery.

It is the responsibility of the customer to inform Michael’s Products if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Returns and Exchanges
You or the recipient of an order may not return an item that has been purchased from Michael’s Products because you have changed your mind or are unhappy with the product. Michael’s Products only offers exchanges to faulty or damaged goods.

Under the Trade Practices Act 1974 and state fair trading legislation Michael’s Products will offer refunds if the goods become defective through no fault of the buyer, are not for the purpose Michael’s Products stated, the goods do not match the description or sample or the products contain defects that were not obvious or that we did not bring to the buyers attention. When a product does not meet the above requirements the buyer may request a refund within a reasonable period of time. Michael’s Products reserves the right to request proof of purchase, and demonstration that any problem with Michael’s Products was not at fault of the buyer. Michael’s Products will then arrange for the goods to be exchanged, or offer credit (at our discretion).

If you return goods via an Australia Post Office or a Courier, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item.

It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. We will not issue a return or exchange unless the product/s are in a saleable condition upon return.

All returned products must be:

  1. Unused, unopened and in original condition
  2. Undamaged
  3. Returned within 30 days of delivery

In the event of a return by you, we will exchange or refund in the form of new Michael’s Products stock or Michael’s Products credit. However, you will pay the delivery costs of the return to Michael’s Products and re-delivery to you. We will not refund initial delivery fees.

Goods Damaged or Faulty on Delivery
You may return damaged or faulty goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.

In the event that you receive a defective or damaged product, we will refund the original product price, delivery, wrapping and other fees via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.
Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to Michael’s Products.

Please allow up to 14 days for refunds to be processed upon our receipt of goods.

Promotions and Competitions
Other Terms and Conditions not listed herein and applying to Michael’s Products promotions and competitions are incorporated into these Terms and Conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the Terms & Conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Michael’s Products which relate to or are incidental to any transaction.
You agree to indemnify and hold Michael’s Products harmless from and against any and all claims, loss or expense that may be incurred by Michael’s Products which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Michael’s Products harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website, of any intellectual property or other right of any person or entity.

Shipping Policy - Australia
Michael’s Products wants your online experience to be enjoyable, simple and successful. To that end, we have created an ordering, shipping and payment process to make your life easy.

Please review our policies and procedures and let us know if you have any questions or concerns by contacting us at office@michaelsproducts.com.
Online orders are shipped on the same or next business day to that the order is received. Mail or Fax orders are shipped once payment is received. These are the shipping choices for orders shipped locally: We do not ship orders on Saturdays, Sundays or public holidays. Orders of value greater than $100 excluding GST are shipped freight free for metropolitan customers and orders greater than $150 (ex GST) for consumers in rural/ country areas.

Orders of value less than $100 excluding GST to metropolitan customers are charged a freight and handling free of $12.00 .Orders of less than $150 excluding GST to rural/country customers are charged a freight and handling fee of $15.00.

Shipment of orders within the Australian metropolitan areas will be via courier or Australia Post. Orders for country regions will be via Australia Post.

Shipping Policy – International
Michael’s Products wants your online experience to be enjoyable, simple and successful. To that end, we have created an ordering, shipping and payment process to make your life easy.

Please review our policies and procedures and let us know if you have any questions or concerns by contacting us at office@michaelsproducts.com.
Most credit and debit card orders are shipped on the same business day. Mail or Fax orders are shipped once payment is received. Orders will be sent out using FedEx Australia (trackable) for all international customers, unless otherwise requested or stated.

Michael’s Products guarantees online orders will be shipped before the close of business on the next working day. Below are the shipping options and the associated Shipping & Handling Charges.

For all International shipments, Michael’s Products will not be held responsible or liable for any problems that result at your local customs office. If customs duties are assessed, these are in addition to your shipping charges and must be paid directly by you. No refunds will be given for items that are seized at your local customs office. Michael’s Products will not be held liable for any customs duties or taxes that arise from your local customs office. Michael’s Products will also not be held responsible for any additional fee the local carrier in your country may charge.

International Geographical limitations
It is hereby noted that the geographical limitations of the transportation of Michael’s Products are extended to anywhere in the world, but excluding the USA and Canada. It is also noted and agreed that all claims arising from internet sales from USA and Canada are also excluded. This is provided that this policy shall be governed by and interpreted in accordance with the laws of the Commonwealth of Australia and the of the State or Territory in which this policy was issued. Any disputes regarding the interpretation of this Policy shall be submitted to the exclusive jurisdiction of the courts of Australia.

If persons from the USA or Canada do wish to purchase Michael’s Products, an alternative means will be necessary, and will be discussed with the party concerned and a representative from Michael’s Products.

Fed Ex Australia
Almost all shipments crossing international borders are subject to the assessment of duties and taxes imposed by the destination country's government. This is done to generate revenue, protect local industries against foreign competition, or both. The duties and taxes normally must be paid before the goods are released from customs. A shipment's duty and tax amount may be based on:

• Product value
• Trade agreements
• Country of manufacture
• Use of the product
• The product's Harmonized System (HS) code

Customs officials assess duties and taxes based on the declared value and the commodity descriptions provided on the FedEx International Air Waybill and the Commercial Invoice.

Value Added Tax (VAT) / Goods & Services Tax (GST)
A VAT is a form of indirect tax applied to the value of a product. In some countries, including Singapore, Australia, New Zealand and Canada, this tax is known as goods and services tax, or GST. Because it's a tax on consumer expenditure, businesses that are VAT-registered and fully taxable do not bear the final costs of VAT. Every member state of the European Union (EU) has a VAT.

Responsibility for Paying Duties and Taxes
Duties and taxes on your international shipment will automatically be billed to the recipient, unless the shipper instructs FedEx otherwise. The shipper can usually select either the shipper, recipient or a third party as the payer when you complete the FedEx International Air Waybill or FedEx Expanded Service International Air Waybill. When the recipient is the payer, the FedEx office in the destination country will, in most cases, call to collect or invoice the duties and taxes that have been assessed. Fed Ex do this to recover the funds that we have been advanced on the payer's behalf.

Gathering Duty & Tax information
To determine duty and tax information for your shipment is to identify the HS code associated with your product. To find the importing country's HS code is to use the Online Tariff Database at http://www.worldtariff.com/

Gift Exemption for Duties and Taxes
To qualify for a gift exemption, your shipment must meet the following requirements:

  1. It must be sent person to person - with no company involvement or indication of involvement on the shipping documentation.
  2. The shipping documentation must clearly be marked "Unsolicited Gift" in addition to the commodity* name and the detailed description.
  3. The total value of the shipment must not exceed the values prescribed by the customs.

*Except dutiable commodities
For more information on gift exemptions, please call FedEx Customer Service on 13 26 10.

Declared Value and Duties and Taxes
Customs officials use a shipment's declared value - the value the shipper declares on the goods being shipped - along with the description of the goods, to determine duties and taxes. This means it's very important to make sure that the declared value on the air waybill and commercial invoice is accurate. Inaccurate declared value is one of the most prevalent reasons for duty and tax disputes. A shipment's declared value represents the selling price or fair market value of the contents of the shipment, even if not sold (e.g. textile samples). This value is identified on the FedEx International Air Waybill and the FedEx Expanded Service International Air Waybill as the "Total Value for Customs" and must agree with the value shown on the Commercial Invoice.

FedEx International Economy service (IE) is a service with all the quality and reliability you expect from FedEx, FedEx International Economy offers door-to-door service, customs clearance and a day-definite delivery commitment.

With FedEx International Economy, you can afford to upgrade your important but less urgent shipments to dependable, day-definite delivery. You can also plan with greater confidence, tightening production schedules and reducing inventories.

Fuel Surcharge
The fuel surcharge percentage for FedEx Express services is adjusted each month, and is based on a rounded average of the U.S. Gulf Coast (USGC) spot price for a gallon of kerosene-type jet fuel two months earlier. The fuel surcharge applies to all FedEx ExpressR services, except FedEx International Express FreightR (IXF) and FedEx International Airport-to-Airport (ATA) services.
The fuel surcharge for each shipment is assessed on the net freight charge and the following transportation-related surcharges:

FedEx reserves the right to assess fuel and other surcharges on shipments without notice. The amount and duration of any such surcharges will be determined at our sole discretion. By tendering your shipments to FedEx, you agree to pay the surcharges, as determined by FedEx. For more information on current Fuel Surcharges visit: http://fedex.com/au/rates/dfs.html.

FedEx International Economy gives you many of the benefits of other FedEx Express delivery services such as: