Terms of service
General Website Terms
These terms and conditions (Website Terms) are between you and Monista Tea Co Pty Ltd (ABN 69 621 516 747) (we, us, our) and govern your use of our website (Website). By accessing and using this Website you agree to be bound by and abide by these Website Terms. Your use of our website is also subject to our Sale Terms (below) and our Privacy Policy.
Information on this Website
All information set out on our Website (Information) is provided for general information purposes only and we make no warranty about the accuracy, completeness, reliability or timeliness of the Information. The Website may be accessed from outside Australia. We make no representation that the Information or Website complies with the laws of any country outside Australia; if you access the Website from outside Australia you do so at your own risk and are responsible for compliance with all local laws.
Ownership of content
Unless otherwise indicated, we own the copyright and all other intellectual property rights in the text, graphics, videos, information, designs, data and other content (Content) on this Website. You may browse or print the Content for non-commercial, personal use, but must obtain our prior written permission to use, copy or reproduce any part of this Website for any other purpose. All trade marks appearing on this Website belong to their respective owners.
Links to other websites
This Website may contain links to third party sites over which we have no control. These Website Terms do not apply to third party sites and you should review their terms before use. The inclusion of a link does not imply our endorsement. Any access to and use of linked third party websites is at your own risk.
Non-excludable obligations & liability
To the extent that you acquire goods or services from us as a 'consumer' (as defined in the Competition and Consumer Act 2010 (Cth)), you may have rights and remedies that cannot be excluded, restricted or modified (Non-excludable Obligations). Nothing in these Website Terms operates to exclude those obligations. Except in relation to Non-excludable Obligations, your use of and reliance on this Website is entirely at your own risk and we have no liability for any direct or indirect loss incurred in connection with this Website.
Changes & governing law
We may change these Website Terms at any time without notice to you, and you agree to be bound by the changed terms if you use this Website after they change. These Website Terms are governed by the law of the State of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria.
Sale Terms
These terms (Sale Terms) govern your access to and use of the online store on our Website. By placing an order to purchase goods on our Website, you agree to be bound by these Sale Terms. To the extent of any inconsistency between the Sale Terms and the Website Terms, the Sale Terms prevail.
Products
All information on the Website, including information relating to products, is provided for general information purposes only. Images of products are for illustrative purposes; actual products may differ. Our loose leaf tea products are blended and packaged by us, and batches of a product may differ slightly from one another. Where a best before date or storage direction is listed, you must not use the product after that date and must store and handle it accordingly. Products displayed on the Website constitute an invitation to treat; we are not obliged to supply any product and are not liable if a product is unavailable.
Orders
You may order products by selecting and submitting your order through the Website. By submitting an order you offer to purchase each product in your cart at the price set out on the Website (plus delivery and other charges and taxes). We reserve the right to accept or reject your order for any reason, including if a product is unavailable, payment has not cleared, or there is an error in the price or description. Your offer is only accepted when you receive an email from us confirming that we have despatched your order for shipping. Each accepted order results in a separate binding agreement.
Pricing and payment
The purchase price of each product is shown on the Website at the time you place your order. All prices and delivery charges are in Australian dollars and include GST where applicable. Additional delivery charges may apply for remote areas or international delivery, and we will contact you with a quote before accepting such an order. If there is a pricing error we may cancel the affected order and refund any payment made. We may change our pricing at any time without notice.
Cancellations and returns
Once an order has been accepted by us you cannot cancel that order. We reserve the right to cancel an accepted order before despatch (for example, due to a Website error or an event beyond our control) and will refund any money paid. You should check your products as soon as they are delivered to ensure they are what you ordered and are not damaged or faulty; if not, contact us at info@monista.com.au as soon as possible. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Except as required by law or set out in these Sale Terms, we do not accept returns.
Liability, privacy & governing law
Except in relation to Non-excludable Obligations, our liability is limited as set out in these Sale Terms, and our total aggregate liability is limited to the amounts paid by you for the relevant order. Our policy on the collection, use and disclosure of personal information is set out in our Privacy Policy, which forms part of these Sale Terms. These Sale Terms are governed by the law of the State of Victoria, Australia.