So if you have some inkling concerns,
that need to be addressed,
we invite you to forensically examine our terms and conditions.
After all, we wrote these to put your mind at ease.
A. CONTACT DETAILS+
www.minutiae.com.au (the "Website") is owned by and/or operated by or on behalf of Minutiae Pty Ltd ("MINUTIAE/we/us"). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website or through any Applications (as defined below), you can contact us at:
Minutiae Pty Ltd
PO Box 4986
Robina Town Centre 4300
ABN 93 603 758 863
Registered in Australia
B. USE OF WEBSITE+
These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the "Terms") apply to your use of and access to the Website and any other website or application permitting you to place an order with MINUTIAE for any products and services (such websites and applications being the “Applications” for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or Applications. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or the Applications you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing this Website and all Applications immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website or the relevant Application. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.
Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
You agree that the information you provide when you register on the Website is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.
We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
The Website may include links to other websites or resources ("Linked Websites"). MINUTIAE has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, MINUTIAE is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore MINUTIAE will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
MINUTIAE may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
Any material that you upload to the Website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
MINUTIAE will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to MINUTIAE for and indemnify MINUTIAE and keep MINUTIAE indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by MINUTIAE as a result of any claim in respect of your use of the Website.
MINUTIAE has the right to remove any material or posting you make on the Website in MINUTIAE's sole discretion.
References to ‘We' in the Customer Service Information refers to MINUTIAE.
C. PURCHASE OF PRODUCTS+
If you are purchasing Pre-order Products, the following Sections C(1) to C(7) below may be superseded by or may apply in addition to specific terms applicable to such Products as set out in Section D.
1. ACCEPTANCE OF ORDERS
All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order ("Products") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you. Examples of when we may not accept your order are as follows:
(a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorisation of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product ; or
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services.
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale of the Products between us and you until the Products have been collected from us by Delivery Partner/s we have sent you an email confirming that the Products have been dispatched to you ("Dispatch Confirmation"). Further information is available at Shipping Destinations, Costs and Delivery Times. After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the My Account section of the Website ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
You will only be charged for products when they have been collected from us by elected Delivery Partner/s (together with the relevant delivery charges that we collect on behalf of Delivery Partner/s and any card processing or payment processing charges).
While all the Products sold through the Website will always correspond with their description, variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, fabrics and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects.
We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
All prices of Products on the Website are the price for the Products only. They include any GST or other sales tax payable. We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however please see Section C 2.4 below. They do not include the charge of delivery to you. Find out more about Shipping Destinations, Costs and Delivery Times.
We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price.
MINUTIAE may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
3. PAYMENT TERMS
The total cost of your order will be the purchase price for the Products (which you pay to us) plus any delivery charges. Find out more about Shipping Destinations, Costs and Delivery Times.
More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment section.
Please note that we accept payment in the payment currency specified for the country of your selected shipping destination in our Payment section.
You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order.
If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
4. PRE-ORDER OF PRODUCTS
The Terms in this Section C(6) apply to any pre-order purchase of MINUTIAE Product(s) (as defined below in Section E(2)) and apply in addition to, and in the event of any conflict take precedence over, the Terms set out in Sections C(1) to C(5). In all other respects sections in Sections C(1) to C(7) of the Terms continue to apply in full force and effect.
From time to time we may invite you to Pre-order Products from our future collections. Pre-order Products will be shipped within a week of the estimated arrival date, however, this can change, for which you will receive notice. Delivery will be approximately two weeks before the collection is available to the general public.
You agree that if you order a Pre-order Product, you will be charged when you place your order. Notwithstanding the foregoing, your credit/debit card account may reflect the deduction of the purchase price immediately upon placing the order. For the avoidance of doubt the provisions of Section C(1.7) of the Terms shall not apply.
D. SHIPPING, TITLE AND RISK+
We do not currently deliver Products, but our Delivery Partner(s) ensure quick and reliable delivery of our Products to you. When ordering, you will be offered a choice from Delivery Partner(s) once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. Neither we nor our Delivery Partner(s) can be held responsible if that delivery address is incorrect or incomplete. Please note that Deliver Partner(s) do not deliver to PO boxes. Please note that there are restrictions on the locations to which Delivery Partner/s deliver Products purchased from the Website. Details of the locations to which Delivery Partner/s deliver are available from us on request.
When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and Delivery Partner/s will endeavour to dispatch your order in accordance with the estimated delivery times set out at Shipping Destinations, Costs and Delivery Times. Please note that there are a number of Australian postcodes to which Delivery Partner(s) cannot deliver on a next day basis or on a Saturday. Please see Postcode Restrictions. There may be additional restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions but this may not be possible until we have received your order. Orders received after any specified “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in Australia which is not a Saturday or a Sunday, will be processed on the next working day). Estimated delivery times will be calculated from the date on which the order is processed.
If a failure to dispatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method, please contact us immediately to rectify the situation. Unforeseeable circumstances, including but not limited to meteorological, and infrastructural, will not result in a refund.
Please note that all delivery options available on our Website may not be available on any Application or the Website accessed using a mobile device.
As part of the ordering process, you will contract for a supply of goods by MINUTIAE and a separate supply of delivery services from our Delivery Partners. Monies due from you to the designated Delivery Partner will be collected by MINUTIAE and passed to the Delivery Partner on your behalf. Upon placing an order you will receive various email confirmations and paper documents in relation to your order. In respect of each of these and any other similar email confirmation or paper documents, please note that references to shipping; express courier; shipping and handling and any other similar terms relate to the services performed by the Delivery Partner. For administrative ease, you will not receive separate documents or email confirmations from the Delivery Partner.
Title in the Products will pass to you on the later of:-
(a) the date on which we receive payment in full for such Products; and
(b) the date and time of collection of such Products by Delivery Partner/s on your behalf for delivery to your nominated address.
Once a Product has been collected by one of our Delivery Partners, on your behalf, all risk of damage to, or loss of, the Product shall pass to you. However, this is why MINUTIAE provides the option to insure your Product/s for damage and loss during delivery of such items. This insurance will begin once the Product/s is collected from us by our Delivery Partner/s, and ceases to take effect, once items are collected by yourself, or agent, from your allocated premises or your nearest collection office.
It is your responsibility to notify us within 3 days of receiving your purchased item of any damage sustained during transit. This correspondence must include photographic evidence/proof of damage at 3 stages of the unpacking procedure: Unopened damaged external layer, MINUTIAE box and relevant damages, and damage to the specific item sustained during delivery.
Lost or undelivered Products will be dealt with by MINUTIAE on your behalf, however, it is your responsibility to notify us of any items pending delivery, especially those not delivered after 7working days.
We shall be entitled to supply the Products in installments and each installment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
In the event that a Product is subsequently imported into a country other than the country to which our Delivery Partner/s delivered the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
E. WARRANTY, CANCELLATIONS, AND RETURNS+
Should you wish to cancel or return any Products, you may only do so in accordance with our Warranty, Refund and Exchange policy. This Warranty, Refund and Exchange Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (“Regulations”). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any). ACCC in Australia.
When you return a Product under the Regulations we will issue you with a full refund, but you will need to return the Product at your own cost, unless otherwise specified in our Warranty, Refund and Exchange policy. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, MINUTIAE shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.
Please note that you will not be entitled to cancel or return a Bespoke or personalised Product other than in accordance with your statutory rights.
2. EXCLUSION OF WARRANTIES
This Section F(3) does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory implied conditions in sections 13, 14 and 15 of the Sale of Goods Act 1979 relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any). ACCC in Australia.
Subject to the preceding paragraph, to the maximum extent permitted by applicable law, MINUTIAE disclaim and exclude all other terms, conditions, and warranties in relation to the PRODUCTS and SERVICES, whether expressed or implied by stature or otherwise or arising from any previous course of dealing or usage of trade practice.
1. INTELLECTUAL PROPERTY
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website (the "Content"), is either owned or licensed by MINUTIAE, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
The “MINUTIAE" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of MINUTIAE Pty Ltd and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the "Intellectual Property Rights") are and shall remain the exclusive property of MINUTIAE and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
Limited License. Subject to the terms herein, we grant you a revocable, and non-exclusive license to access and make personal use of the Website limited such that it does not include the right to:
(a) use the Website in any way which may prejudice or damage the reputation of MINUTIAE;
(b) use the Website for any commercial or business purposes. The Website is for your personal use only;
(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
MINUTIAE may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
MINUTIAE endeavours to ensure that the information posted by it on the Website is accurate and complete. MINUTIAE does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, MINUTIAE does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. MINUTIAE recommends that all users of the Internet ensure they have up to date virus checking software installed.
3. LIMITATIONS OF LIABILITY
Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; (iii) under Section 2(3) of the Consumer Protection Act 1987; or (iv) for any other liability which cannot be limited or excluded by applicable law.
Subject to Section F(3.1) above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
(a) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
(b) loss of goodwill or reputation; or
(c) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
Subject to Sections F(3.1) and F(3.2) the aggregate liability under these Terms of MINUTIAE whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from MINUTIAE.
This section F(3) does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any). ACCC in Australia.
4. DATA PROTECTION
5. AMENDMENTS TO THESE TERMS
We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
6. EVENTS BEYOND OUR REASONABLE CONTROL
MINUTIAE will be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
8. GOVERNING LAW AND JURISDICTION
These Terms and all transactions relating to the Website are governed by Australian law and you, and we, hereby submit to the non-exclusive jurisdiction of the Australian courts.