Terms

Terms and conditions

These Terms and Conditions constitute a contract between the customer (You) and My Zen.

1. Agreement

In these Terms and Conditions We, Our or Us means My Zen; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.

By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.

The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.

2. Legal Capacity

If you are under the age of eighteen (18) years you cannot place Orders with My Zen. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

4. Pricing

Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:

  1. by agreement between You and Us in writing or by email; or
  2. on occasion it may be possible that a small number of the Products may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order.
  3. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.

5. Product Specifications

Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

All weights and dimensions of Products described in the Website are approximate.

We endeavor to display the products and other images on our site as accurately as possible. However, since we cannot control the capabilities and limitations of your monitor, we do not guarantee that your monitor’s display of any colour, texture or detail of any actual merchandise will be accurate. Colours are not guaranteed. Due to colour variability in computer and screen monitors, My Zen have no liability if colours of the products do not match their display on the Site. We reserve the right to change and discontinue Product at any time without notice to you.

6. Orders

You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).

Orders will be deemed to have been received by My Zen at the time My Zen sends an Order confirmation to Your nominated e-mail address.

My Zen is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

My Zen reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

My Zen does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

My Zen shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of My Zen (or its affiliates), and My Zen shall be entitled to a reasonable extension of time for the performance of such obligations.

Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

7. Payment

You may provide Your nominated credit card during the purchase process described on the Website.

Payment for Orders will be processed immediately upon confirmation of Your Order.

If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

8. Delivery and ownership of the goods

We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. My Zen does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by My Zen. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund or store credit at any time prior to dispatch of the Product(s).

My Zen will not deliver Products to PO Box addresses.

Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.

The couriers or postal services nominated by My Zen will deliver Products during local business hours (9am to 5pm, Monday to Friday excluding public holidays).

My Zen is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by My Zen (as notified to the Customer) in relation to date and time of delivery. My Zen shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

My Zen reserves the right to not ship to remote or rural locations.

9. Faulty or damaged goods

In the event that you receive a faulty Product, recommend that as soon as you discover a fault, or if you received an incorrect item, please use the Contact Us From. Once assessed and approved by our team, and if it is within six months from the purchase date, we will refund you back to the original tender type. Items deemed as general wear and tear and not due to a manufacturing fault will not be refunded.

10. Refunds, Store Credit and returns

Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

All refunds may take up to 20 business days to be processed.

Refunds are strictly limited to those available under clauses implied by statute.

Due to health and safety regulations we are unable to accept some products for return under the terms of our ‘change of mind’ purposes.

The Customer must comply with directions from staff to facilitate a return.

Returned Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.

It is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of:

  1. the nature of Our failure to comply with the consumer guarantee, or
  2. the size or height, or method of attachment, of the Product.

Where You are returning a Product to us, we take no responsibility for a Product lost in transit.

If subsection (b) applies, We will, within a reasonable time, collect the Products at Our expense.

12. Liability

To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

13. Intellectual Property

All Intellectual Property in any Material on the Website is the property of My Zen. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

14. Privacy

By placing your Order or otherwise contacting My Zen, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

15. Gift Vouchers

Gift Vouchers & eVouchers have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.

Gift Vouchers & eVouchers will not be refunded and are not redeemable for cash.

16. Miscellaneous

Title and risk in the Products pass to You at the point of dispatch or embarkation by My Zen to Your courier.

My Zen reserves the right to make changes to the My Zen Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

A failure or delay by My Zen to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by My Zen does not preclude its future ability to exercise that or any other power or right.

Insofar as they apply to the ordering, purchase, fulfilment and delivery of Products from My Zen, these Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.

No My Zen employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

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