Thank you for visiting our website. This website is owned and operated by A.E Smith & D.Z Yeoh (ABN 37 138 198 567) trading as Mita Collective.
By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our privacy policy (available at Privacy Policy – Mita) (Privacy Policy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using
our website if you do not agree to these Terms.
To the extent permitted by law, we reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we update these Terms, we will post the changes here with the revised date and may notify you via email or other reasonable methods, as required by law.
Changes to these Terms take effect immediately after being posted. By continuing to use our website after changes take effect, you agree to the updated Terms.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
In these Terms, 'us', 'we' and 'our' means A.E Smith & D.Z Yeoh (ABN 37 138 198 567) trading as Mita Collective.
1. Collection Notice
We collect personal information about you in order to process your purchases, deliver your items, provide you with support and for purposes otherwise set out in our Privacy Policy at Privacy Policy – Mita.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers,
communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you.
Our Privacy Policy explains:
(a) how we store and use, and how you may access and correct your personal information;
(b) how you can lodge a complaint regarding the handling of your personal information; and
(c) how we will handle any complaint.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
2. Accuracy, completeness and timeliness of
information
The information on our website is not comprehensive and is intended to provide a
summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australia Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if
interference with or damage to your computer systems occurs in connection with
the use of this website or a linked website. You must take your own precautions
to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information
is not up to date.
3. Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
4. Description of products
We endeavour to ensure that all products listed on our website are accurately described. It is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order.
We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.
We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website.
5. Purchases
Our products may have limited quantities and are subject to return or exchange only according to our Returns Policy. To view our Returns Policy, please visit Returns & Exchanges – Mita.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this website is void where prohibited.
6. Modifications to products and pricing
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue a product without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a product.
7. Accuracy of billing and account information
If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. Errors, inaccuracies and omissions
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website is inaccurate at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, amend or clarify information on our website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website, should be taken to indicate that all information on our website has been modified or updated.
9. User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (Comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation:
(a) to maintain any Comments in confidence;
(b) to pay compensation for any Comments; or
(c) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
10. Linked sites
Certain content and products available via our website may include materials from third
parties.
Third party links on this website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
11. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) and products made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this
website, the Content or any part of it is prohibited, except to the extent permitted by law.
12. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(b) using this website to defame or libel us, our employees or other individuals;
(c) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(d) posting or transmitting to this website any
non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our
website, we have the right to take down this information at our sole discretion
and without notice.
13. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this
website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
14. Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it
occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Subject to any rights a party may have under the Australian Consumer Law, neither party will be liable to the other party in any circumstances for any special indirect loss or damage and any loss of profits, loss of production, loss of revenue, loss of use, loss of goodwill and loss of opportunity (Consequential Loss) which the other party suffers as a result of any act or omission by the other party under these Terms.
Our liability to you will be reduced proportionally to the extent that your act or omission contributed to the loss, liability or claim.
Our total liability to you under or in connection with any claim relating to the products or these Terms will not exceed the amount you paid for the products.
15. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Tasmania, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Tasmania.