Terms & Conditions



About These Terms And Conditions

In these Terms and Conditions "we" and "us" mean Mahina Mermaid Pty Ltd and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire agreement between Mahina Mermaid Pty Ltd and you for the supply of Products. No other Terms and Conditions will apply. The Agreement cannot be varied unless we agree to vary it in writing or by email.

Copyright/Trademark Information

This entire website, copy, images, logos, indicia, text, content, is copyright 2011 Mahina Mermaid Pty Ltd. All trademarks appearing herein are acknowledged. Permission to use information delivered from this World Wide Web site and/or server and related graphics is restricted. The name of Mahina Mermaid Pty Ltd or Oceanika Tales Pty Ltd or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice.

Colours

We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Correction of Errors and Inaccuracies; Limitations on Quantity

Whilst we makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities subject to stock availability.

Payment Methods And Processing

Protecting your personal and order information is a priority at Mahina Mermaid Pty Ltd. We want you to be able to order from mahinamermaid.com with total confidence. As such we have created a secure transaction environment. We use Secure Sockets Layer (SSL) technology – Our On-line Ordering system is the industry standard for encryption technology – to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to mahinamermaid.com. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.

GST

All Australian orders have GST included in the price

Overseas taxes and import duties Please note some countries may charge additional local taxes eg VAT or import duties. Any additional taxes or import duties will need to be paid for by the customer and a commercial invoice will be included in the packaging stating the value of the goods. Please contact your local customs office or customs broker to see if this would be applicable to your country. The description of the goods on the parcel will be “rubber swim fin and swim wear”

Prices

All prices quoted on the site are in Australian dollars $AUD

Delivery of Products

Delivery of your purchase is by Australia Post e-Parcel for products delivered within Australia or via an international courier company for overseas purchases. You will be provided with a delivery number where you will be able to track your order online at www.eparcel.com.au by entering your delivery number or via the courier company website we use to delivery your order.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post) will leave a card so you can pick-up your Product from your local Post Office. We will use our reasonable efforts to deliver your Products to you within 7 days; however, we do not guarantee that we will deliver within this time frame. If you require a more urgent delivery, please contact us for a quote on using a faster courier service. Title and risk of loss to all Products will pass to you on delivery.

Returns Policy

Only credits for the product purchase price (not including postage and handling) are offered if you have changed your mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an Order. All returns must be mailed with a tracking number or via Registered Post to PO Box 1090, Byron Bay, NSW, 2481 Australia. You will also be required to pay an additional postage and handling charge for your replacement items to be re-delivered to you. Please note these fees will be in excess of what you paid when you first bought the product as we subsidise the cost of postage and handling you pay with your initial order. Return postage and handling charges that you will need to pay Us in addition to the postage you will need to pay to return the goods to Us, are as follows:

Within Australia $25 AUD

Asia Pacific Region $75 AUD

USA, Canada and Middle East $90 AUD

Europe and rest of the world $110 AUD

You may be entitled to a credit, provided you return the item to us within 21 days of your order being dispatched. The item must be returned to us in brand new condition, with the packaging and item being exactly as it was when you received it. This includes the return of the original labels and tags still being attached. If the returned item is in a noticeably used condition, then a credit may not be offered.

Damaged Items

We will replace any items damaged in transit, at our cost, just as soon as we receive the damaged item back. You must however notify us within 7 days of receipt of goods via the Contact Us page on our website. We apologise for any inconvenience. It would also be very helpful if you were able to include some digital pictures of the damage so we may be able to assess it and process your replacement quicker.

Refund Policy

Once you have purchased your product, we do not offer a refund policy if you have simply changed your mind. However we do offer a replacement/return policy if the goods are damaged when you receive them of if you would like to change the colour or size of your product purchase.

Australian Customs Act

If the customs value of your order exceeds $1,000, you should be aware that the Australian Customs Act requires that the goods ordered by you be entered for home consumption by the lodgement of an import declaration at the time of importation. By making an order you authorise Mahina Mermaid Pty Ltd to arrange with third parties to act on your behalf in the lodgement of an import declaration for the goods ordered by you and the facilitation of their delivery to you.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Mahina Mermaid Pty Ltd. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Mahina Mermaid Pty Ltd for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of Mahina Mermaid Pty Ltd , to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Mahina Mermaid Pty Ltd reserves the right to change the Terms and Conditions of sale at any time. No Mahina Mermaid Pty Ltd employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Mahina Mermaid Pty Ltd. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Mahina Mermaid Pty Ltd are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Force Majeure

Mahina Mermaid Pty Ltd shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Mahina Mermaid Pty Ltd, and Mahina Mermaid Pty Ltd shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of New south Wales.