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Terms & Conditions


MIISHKA Privacy Policy

Introduction

MIISHKA regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all MIISHKA users, and conforms to privacy standards.

If you have questions or concerns regarding this statement, you should first contact Customer Care at customercare@miishka.com.

Collection of Information

In order to use the MIISHKA website, we may require information from you in order to provide the best service possible.

All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including email.

Any information collected by MIISHKA is collected via correspondence from you or your company. This may be via the telephone, email, mail, fax or directly through our website (or other third party websites, such as Facebook).

Use of Collected Information

Any details collected from MIISHKA customers are required in order to provide you with our products and a high level of customer service.

Correspondence is recorded in order to provide service references, and to assist in our staff development.

Storage of Collected Information

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

If you have any questions about security on our Website, you can email us at customercare@miishka.com.

Access to Collected Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at customercare@miishka.com.

Orders

If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, email, and postal address) and financial information (such as credit card number, expiration date).

We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Cookies
A cookie is a small information file that is sent to your computer and is stored on your hard drive. If you have registered with us then your computer will store an identifying cookie which will save you time each time you re-visit our site, by remembering your email address for you. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent. The Website will work with cookies disabled, but you will need to manually sign in each time you visit the Website.

Communications

MIISHKA uses personally identifiable information for essential communications, such as emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at customercare@miishka.com.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Third Parties

MIISHKA may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service.

These third parties are prohibited from using your personally identifiable information for any other purpose.

MIISHKA does not share any information with third parties for any unknown or unrelated uses.

Legal

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.

Links

Links on the MIISHKA site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of www.miishka.com.

Changes to Privacy Policy

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage.

MIISHKA Security Policy

MIISHKA uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.

All online credit card transactions performed on this site using the eWAY gateway are secured payments.

• Payments are fully automated with an immediate response.
• Your complete credit card number cannot be viewed by MIISHKA or any outside party.
• All transactions are performed under 128 Bit SSL Certificate.
• All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
• eWAY is an authorised third party processor for all the major Australian banks.
• eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by MIISHKA
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au

MIISHKA Website Terms and Conditions

General

Access to and use of this Website and the goods and services available through this Website (Services) are subject to the following terms and conditions (Terms). By using the Services, you are agreeing to all of the Terms, as may be updated by us from time to time. Changes to these Terms will be notified on the Website. We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other websites, which are not operated by MIISHKA (Linked Sites). MIISHKA has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy
Our privacy policy, which sets out how we will use your personal information, can be found above. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate.

Prohibitions
You must not misuse this Website. You cannot access or use the MIISHKA website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content;
You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. MIISHKA will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of MIISHKA and are protected by intellectual property and copyright laws. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. For the avoidance of doubt, no license is given to you by MIISHKA in relation to any intellectual property on the Website Registration Where you register for any area of this Website, the following terms and conditions apply. You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.

Blog
MIISHKA welcomes comments from users of its products, and on its blog. Any comments, feedback, notes, suggestions, thoughts, ideas, or other commentary or communications (Comments) posted or sent to the website shall be and will remain the exclusive property of MIISHKA. Submission of any Comments to the Website shall be deemed an assignment to MIISHKA of all intellectual property rights, titles and interest in and to such Comments. MIISHKA shall have all rights to use, reproduce, publish, distribute and otherwise disclose such Comments for any purpose without restriction without providing any compensation to you. In the event that you do not wish for MIISHKA to use any of your comments, please do not submit such comments to MIISHKA. MIISHKA reserves the rights to delete any Comments in its absolute discretion.

Terms of Sale
General - By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Our business model is first person to make payment will buy the item. We allow multiple people to hold an item in their cart but, be aware that if someone else pays for it then it will no longer be available to buy.

When buying vintage please remember vintage means pre-loved, not brand 'new' unless stated. It is important to be aware that almost all vintage clothing & accessories show small signs of wear – it is this ‘lived-in’ feel that makes vintage pieces so unique & special.

Payments - All prices are in Australian dollars unless otherwise quoted. The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. Customers shipping internationally will not be charged Australian GST of 10%, this will be discounted at check out. When shipping internationally you will be responsible for any additional taxes applied to your purchase by the destination country. You should check with the issuer of your credit or debit card for details of any such fees. We accept payments by Visa, Mastercard or Paypal or any other payment method indicated by us on the website. Upon receiving your order we may carry out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.

Delivery - Delivery costs will be charged to you for delivery of any items purchased in addition to the purchase price. Please make sure you are at the shipping address during business hours as we require a signature on delivery. If the address is unattended the parcel will be sent to your local post offices, we suggest if you are at work to have it sent there. For our NZ customers delivery is by courier and we cannot deliver to PO Boxes. Delivery options will be as follows (unless otherwise advised):

LOCATION TYPE TIMING COST
Australia (metro)
Express
1-2 business days*
Free
Australia (regional)
Express
2-3 business days*
Free
New Zealand
Express
1-5 business days*

Free for orders over $150 or a flat $25 for any orders under this amount

International 
Standard
5-20 business days*

Free for orders over $150 or a flat $25 for any orders under this amount

 

* Delivery times are not guaranteed.
* NEW ZEALAND CUSTOMERS - WE CANNOT DELIVER TO PO BOXES.
Where more than one item is purchased, delivery costs will be combined.

Promotions / Coupon Codes
1. Are only valid for the person they are issued to and cannot be transferred to third parties
2. The Coupon can only be used once during the promotional period unless otherwise stated.
3. Only one coupon code / gift card number can be used per transaction.
4. Are valid for the period noted only
5. Can be redeemed against all items on the www.miishka.com website
6. Our returns policy applies to all transactions using a Coupon Code
7. GST (Australian customers only) and shipping is applicable on any products purchased using a Coupon Code

Gift Cards - Terms and Conditions
1. Gift Cards are valid for 3 months from the date of purchase.
2. Gift Cards can be redeemed against all items on the www.miishka.com website.
3. Gift Cards are non-transferable and may not be returned or redeemed for cash.
4. Only one coupon code / gift card number can be used per transaction.
5. If your order total is less that the value of the Gift Card, you will forfeit the remaining balance of the Gift Card.
6. If your order exceeds the value of the Gift Card the balance will be payable at checkout by Paypal, Mastercard or Visa.
7. Our returns policy applies to items purchased using a Gift Card, view our Returns Policy below.
8. Once your payment has been received, the Gift Card will be delivered electronically to the email address you provided. You can then send it electronically or print a hard copy.
9. MIISHKA reserves the right to cancel a Gift Card if we deem such action as necessary.
10. MIISHKA is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
11. MIISHKA is not liable for delivery of a Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
12. GST (Australian customers only) and shipping is applicable on any products purchased with a MIISHKA Gift Card.

Returns Policy
When can you return an item? You only return items when they are unworn, unwashed and not damaged. Items that do not meet these criteria are non-returnable. In addition MIISHKA will not accept returns of sale items, intimates, body suits, swimwear, vintage items, change of mind or if an item simply doesn’t fit. MIISHKA does not accept exchanges whatsoever. How do you return an item? Please contact MIISHKA on the details set out in the Website if you would like to return any items. If return is accepted by MIISHKA, you will need to return the item as advised by MIISHKA within 14 days of receipt. How will we process returns and refunds? Once we have received your package, your refund will be processed within 7 business days, provided the item is not a non-returnable item set out above. You will be notified via email at the email address listed on your profile when your order was placed once the refund is paid. Please note that your banking institution may require additional days to process and post this transaction to your account once they have received the information from us (typically 3-5 business days). Original shipping charges (plus any shipping for the return of items) are non-refundable.

Disclaimer of Liability
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and MIISHKA is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of MIISHKA for breach of the Non-Excludable Provision is limited to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired. Subject to MIISHKA' obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, MIISHKA is not liable for damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with MIISHKA and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to MIISHKA.

Indemnity
You agree to indemnify, defend and hold harmless MIISHKA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms.

Variation
MIISHKA shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity
If any part of the Terms is unenforceable the enforceability of any other part of the Terms will not be affected all other clauses remaining in full force and effect.

Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of MIISHKA.

Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Victorian courts.

Entire Agreement
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and MIISHKA.