Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to MNRVA. These Terms of Service (“Terms”) govern your use of the MNRVA website, online store and related services (“Services”).
Throughout these Terms, “MNRVA”, “we”, “us” and “our” refer to MNRVA.
By accessing or using our Services, browsing our website or placing an order with us, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you should not use our Services.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.
1. ELIGIBILITY AND ACCOUNTS
By using our Services, you confirm that you are legally capable of entering into a binding agreement or that you are using the Services with the permission and supervision of a parent or legal guardian where required.
You agree to provide accurate, current and complete information when placing an order or creating an account.
You are responsible for maintaining the confidentiality and security of your account details and for activity occurring through your account.
2. PRODUCTS
We make reasonable efforts to ensure product descriptions, images, colours, sizing information and other product details are accurate.
However, colours and appearance may vary depending on your device, screen settings, lighting and other factors.
Product availability may change without notice. We may discontinue products or limit quantities where reasonably necessary.
Nothing in this section limits your rights under the Australian Consumer Law, including where goods do not match their description, sample or representation.
3. ORDERS
Submitting an order constitutes an offer to purchase products from MNRVA.
An order is accepted when we confirm acceptance of the order. We reserve the right to decline or cancel an order where reasonably necessary, including where a product is unavailable, there is an obvious pricing or listing error, payment cannot be processed, or we reasonably suspect fraudulent or unauthorised activity.
If we cancel an order after payment has been taken, we will refund the applicable amount.
Please review your order carefully before submitting it. We cannot guarantee that changes or cancellations can be made once an order has entered processing.
Returns, exchanges and refunds are also subject to our Return and Refund Policy and your rights under the Australian Consumer Law.
4. PRICING AND PAYMENT
Prices displayed on our Australian store are in Australian dollars (AUD) unless otherwise stated.
Prices, promotions and discounts may change from time to time. The price applicable to your order will generally be the price displayed when your order is submitted, subject to correction of obvious errors.
Shipping charges and any other applicable charges will be displayed before checkout where applicable.
You agree to provide accurate and authorised payment information when making a purchase.
5. SHIPPING AND DELIVERY
Shipping and delivery timeframes provided by MNRVA are estimates unless expressly stated otherwise.
We will take reasonable steps to dispatch and deliver orders within the stated timeframe. Delivery may occasionally be affected by circumstances outside our reasonable control.
If there is a significant delay or we are unable to supply an item you have purchased, we will work with you to provide an appropriate solution in accordance with applicable law.
Further information may be provided in our Shipping Policy.
6. RETURNS, REFUNDS AND CONSUMER GUARANTEES
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms or any MNRVA policy is intended to exclude, restrict or modify any consumer guarantee, right or remedy available under applicable Australian law.
Where a product fails to meet a consumer guarantee, you may be entitled to a remedy including repair, replacement, refund or compensation depending on the circumstances and the requirements of the Australian Consumer Law.
Our voluntary change-of-mind return arrangements are separate from, and do not replace, your rights under the Australian Consumer Law.
Please refer to our Return and Refund Policy for further information.
7. INTELLECTUAL PROPERTY
Unless otherwise stated, the content of the MNRVA website and Services, including our branding, trade marks, logos, product designs, artwork, graphics, photographs, videos, text and other original content, is owned by or licensed to MNRVA and is protected by applicable intellectual property laws.
You may access and use our website for personal, non-commercial purposes.
You must not reproduce, copy, distribute, modify, sell, commercially exploit or otherwise use MNRVA intellectual property without our prior permission, except where permitted by law.
MNRVA names, logos, designs and other brand identifiers may not be used in a way that suggests endorsement, affiliation or authorisation without our prior permission.
Third-party trade marks and intellectual property remain the property of their respective owners.
8. THIRD-PARTY SERVICES AND LINKS
Our Services may contain links to or integrations with third-party websites, platforms, payment providers or other services.
We do not control third-party websites or services and are not responsible for their independent content, practices or policies.
Your use of third-party services may be subject to separate terms and privacy policies.
Nothing in this section limits any responsibility that MNRVA cannot lawfully exclude.
9. RELATIONSHIP WITH SHOPIFY
MNRVA is powered by Shopify, which enables us to provide the Services to you.
However, purchases made through the MNRVA store are transactions directly between you and MNRVA. Shopify is our ecommerce platform provider and is not the seller of MNRVA products.
Your use of certain Shopify functionality may also be subject to Shopify's applicable terms and privacy practices.
10. PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.
Because our store is hosted using Shopify, certain information may also be processed by Shopify and other service providers that help us operate our store, process payments, fulfil orders and provide our Services.
Please refer to our Privacy Policy for further information.
11. REVIEWS, FEEDBACK AND USER CONTENT
If you voluntarily provide a review, photograph, comment, suggestion or other content to MNRVA, you confirm that you have the right to provide that content.
You must not submit content that is unlawful, misleading, defamatory, abusive, infringing or otherwise violates another person's rights.
Where you provide content for publication or promotional use, you grant MNRVA a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for purposes reasonably connected with operating, marketing and promoting MNRVA, subject to applicable law.
12. ERRORS AND INACCURACIES
We may correct typographical errors, inaccuracies or omissions relating to product descriptions, availability, pricing, promotions, shipping information or other website content.
Where an error affects an order you have already placed, we will act reasonably and in accordance with applicable Australian law.
Nothing in this section allows us to avoid obligations or consumer rights that apply under the Australian Consumer Law.
13. PROHIBITED USE
You must not use our website or Services:
-
for unlawful or fraudulent purposes;
-
to infringe intellectual property or other legal rights;
-
to distribute malicious software or harmful code;
-
to interfere with the security or operation of our Services;
-
to impersonate another person or provide deliberately misleading information;
-
to collect personal information about others unlawfully;
-
to engage in abusive, threatening or harassing conduct; or
-
to commercially reproduce, scrape or exploit our website or content without authorisation, except where permitted by law.
We may restrict or terminate access where we reasonably believe these Terms have been materially breached.
14. AVAILABILITY OF SERVICES
We may update, modify, suspend or discontinue parts of our website or Services from time to time.
We do not guarantee that our website will always be uninterrupted or error-free.
Where any interruption or change affects rights arising from a purchase, we will comply with our obligations under applicable law.
15. LIABILITY
Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
To the extent permitted by law, MNRVA is not responsible for loss or damage that is not reasonably foreseeable or that results from circumstances outside our reasonable control.
Nothing in these Terms excludes liability where doing so would be unlawful.
16. INDEMNITY
To the extent permitted by law, you are responsible for loss suffered by MNRVA as a direct result of your unlawful use of the Services or your material breach of these Terms.
This section does not require you to indemnify MNRVA for loss caused by MNRVA's own unlawful conduct, negligence or breach of these Terms, and does not limit rights available to you under applicable law.
17. SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or severed to the extent necessary, and the remaining provisions will continue to apply.
18. NO WAIVER
If MNRVA does not immediately enforce a right under these Terms, this does not mean that right has been waived.
19. GOVERNING LAW
These Terms are governed by the laws applicable in Western Australia, Australia, and the laws of the Commonwealth of Australia that apply in Western Australia.
Nothing in this section limits any rights you may have under applicable consumer protection laws regarding jurisdiction or where a dispute may be brought.
20. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.
The current version will be published on our website. Where required by law, we will provide appropriate notice of material changes.
Changes will not retrospectively remove rights that have already arisen under an existing purchase or applicable law.
21. CONTACT
Questions about these Terms can be submitted through the contact form available on the MNRVA website.
Additional business contact information may be made available on our website as required.