Terms & Conditions

Misura Website and Order Terms and Conditions

1. Agreement

1.1 These Terms and Conditions (‘Terms’), together with our Privacy Policy, apply to your use of the Misura Group Pty Ltd ACN 604 623 958 (trading as Misura) (‘Misura’, ‘we’, ‘our’, ‘us’) website located at www.misura.com.au (‘Site’).

1.2 By browsing or using the Site, including using the Site to make an Order, you agree to these Terms and Conditions, together with our Privacy Policy (collectively, the ‘Agreement’). If you do not agree with the terms of the Agreement, you must not access, browse or use this Site.

1.3 These Terms govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product (‘Order’), you agree to be legally bound by these Terms. We may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

2. Interpretation

2.1 In this Agreement;

"Agreement" has the meaning in clause 1.2;

"Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

"Business Day" means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;

"Consumer Guarantee" has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;

"Customer" means the person or legal entity listed on the Order purchase invoice or sales document;

"Delivery Costs" means the costs associated with delivery and return/retrieval (if applicable) of Products or Services as specified in an Order, including, without limitation, transport, freight or shipping charges, and insurance costs;

"Material" means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;

"Order" means an order for Products or Services placed by a Customer on, or via, the Site;

“Order Price” means the price as defined in clause 4.2.

"Privacy Policy" means our privacy policy available at https://www.misura.com.au/privacy;

"Products" means the products, goods or items listed or advertised on the Site for sale or otherwise;

"Services" means the services listed or advertised on the Site for sale or otherwise;

"Site" has the meaning in clause 1.1;

"you" or "your" means the person or entity accessing, using or relying upon the Site and includes, when applicable, the Customer.

2.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

3. Access and Use of the Site

3.1 You must only use the Site in accordance with these Terms and any applicable law.

3.2 To place an Order you must have the capacity to enter into a legally binding agreement with us. If you do not have capacity, you may only place an Order with the involvement of an individual with such capacity to enter into a legally binding agreement.

3.3 If you do not provide accurate and complete details on the Site when making an Order, we may not be able to provide Products or Services to you.

3.4 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

3.5 The Site may contain links to third-party websites. Any links to such websites are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third-party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.

3.6 You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.

3.7 Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, communicate, modify, publish, reproduce, sell or transmit or otherwise use any of the material on the Site, except as permitted by statute or with our prior written consent.

3.8 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to

• in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
• in a way that is illegal or unfair.

3.9 We are under no obligation to discuss the details of an Order with anyone other than the Customer named on the Order purchase invoice or sales document.

4. Order, Payment and Contract

4.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it. It is your responsibility to ensure all details in relation to the Order are correct, including, but not limited to, dimensions, finishes and specifications.

4.2 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the Products delivered to the address provided by you (“Delivery Fees”) (collectively, the “Order Price”). Unless otherwise stated all charges are in Australian dollars.

4.3 You must pay the Order Price in full at the time of ordering. Your payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.

4.4 By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

5. Shipping & Receipt

5.1. Following payment of the Order Price in accordance with clause 4.3 of this Agreement, your Order will be made available for delivery or collection at our warehouse in Altona, Victoria or our showrooms in Cremorne, Victoria and Waterloo, New South Wales.

5.2 If your Order is to be delivered to you then it will be dispatched within three (3) days of the Order being received and the Order Price being paid, and you may be contacted by the delivery service provider in relation to the delivery.

5.3 If your Order includes a charge for Delivery, you acknowledge that:

1. You appoint Misura as your agent for the purposes of arranging delivery of Products; and
2. Misura is not a party to the arrangement between you and the delivery service provider, and
3. Misura is merely your agent; and
4. Title and risk in relation to the Products pass to the delivery service provider. As such, Misura will not be liable for any damage caused following dispatch for delivery from our warehouse; and
5. If you do not expressly state the access to and address of your property correctly upon making the Order, and on arrival the delivery service provider deems it to be a difficult location then you will be liable for any additional charges (including redelivery fees and the cost of additional required labour).

5.4 We will use reasonable endeavours to ensure that all Products or Services are delivered in a prompt and timely manner. However, delivery dates are estimates only and factors outside our control may result in delays to delivery. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.

5.5 For the avoidance of doubt, we are not responsible for any delivery delays caused by events outside of our control or the control of our third party couriers or suppliers. This includes any delays caused by the COVID-19 pandemic.

5.6 Delivery Costs will vary depending on the Order you have made, the method of delivery, the location (including its difficulty) for delivery and any taxes or duties that may be charged in relation to delivery of the Order.

5.7 The full Order Price must be paid before delivery can be made. You acknowledge and agree that it is your responsibility to ensure that you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an Order, and we are not responsible for any misplaced Products or for delivery of any Order to an unintended recipient as a consequence of incorrect details.

5.8 You must ensure that any person who collects or takes delivery of the Products on your behalf is authorised by you to do so. Title and risk in the Products pass to the Customer on collection or on signing for delivery of the Products. Where a Customer gives written authority for Products to be delivered without a signature;

1. any and all included insurance cover (if any) will be voided; and
2. title and risk in the Products pass to the Customer on delivery of the Products to your nominated delivery address.

5.11 The delivery date and time will vary in accordance with the nominated courier or provider.

5.12 We are not responsible for the delivery times of Products. Once Products have been dispatched from our warehouse, it is your responsibility to liaise with our nominated courier company in relation to date of delivery and to make yourself available to take delivery at the nominated time for delivery.

5.13 Any information provided by us to a Customer in relation to the method of delivery and estimated delivery time will be from a third party, and as such we do not guarantee the accuracy or currency of such information.

5.14 When submitting an Order, you may select to pick up your Order from one of the two pick-up locations rather than having it delivered. This may require you to physically assist the warehouse staff in loading the Product into your vehicle. Such assistance is required under this delivery option and while we will take all reasonable care to ensure your safety, you accept that we are not liable for any injury caused to you in the course of the loading.

5.15 For Products that are nominated for pick-up, Misura will check the items with you before the Products leave the store to ensure they are free from damages or defects. Misura will not be responsible for damage caused after the pick-up of the Products.

5.16 For avoidance of doubt, Products are considered collected by you at the time they are removed from our store or warehouse, whichever comes first.

6. Cancellations and change of mind

9.1 All Orders are final subject to the Cooling-off Period, within three business days from the date and time the Order is placed.

9.2 You may cancel your order within the Cooling-off Period by written notice to Misura. If you cancel your Order during the Cooling-off Period, your Deposit will be fully refunded. After
the the expiration of the Cooling-off Period, we will not accept any cancellations or variatons to the Order.

9.3 For Change Of Mind after the Cooling-off Period, it is at our discretion on a case by case basis to exchange the product(s) for another product or an in-store credit note with a twelve (12) month expiry date with the following criteria to be met:

(a) The Order must be in its original packaging, unused and free
from any damages.
(b) The Customer must return the Order to one of our nearest showrooms or warehouse at their cost.

7. Claims and Complaints

7.1 If you consider that your Order is not of acceptable quality, not fit for the purpose, not conforming with any description or sample provided, not durable, safe or free from defect then you must notify Misura of this as soon as possible, with complete details of the problem (‘Complaint’).

7.2 Misura provides no guarantee as to the outcome of any Complaint but we will make every effort to ensure our Customers’ satisfaction.

8. Variations of Finishes in Showroom, Delivered Products and Samples

8.1 You acknowledge and agree that whilst Products sighted on our Site, in our showrooms and in promotional media are indicative of the Products that you will receive, dependent upon the material selected, different materials are subject to unique characteristics that may mean your Order may vary from the Products sighted as above. All care has been taken to ensure that the Products as viewed are accurate representations however Misura takes no responsibility for any variation between the Products sighted and the Products received by you.

9. Discounts and Promotions

9.1 Promotional discount codes may be given at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount (“Discount Code”).

9.2 If a valid Discount Code is entered at the checkout, it has the effect of applying a discount solely across the cost of the relevant Products. Any associated Delivery Costs will be unaffected by the Discount Code and payable at the ordinary rate.

9.3 Discount Codes cannot be used:

1. with any Products excluded at the time;
2. in conjunction with any other promotion, Discount Code, Spend & Save Discount or to a Clearance Item; or
3. retrospectively to a confirmed Order.

10. Warranties

10.1 Your Order and all the Products come with a two-year (2-year) manufacturer warranty for any defects or faults and is effective from the date of delivery of the Order (‘Manufacturer Warranty’).

10.2 Manufacturer Warranty is voided when the Products have been damaged by misuse, misapplication or not used for the intended purpose.

10.3 To the extent permitted by law, the Manufacturer Warranty is in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise, including implied warranties with respect to merchantability and fitness of purpose, and all such terms, conditions and warranties are expressly excluded.

10.4 Misura will take all reasonable steps to assist you with any claim in respect to the Manufacturer Warranty.

10.5 Misura disclaims any and all responsibility for any claim of Manufacturer Warranty and cannot guarantee any outcomes.

10.6 Further, subject to this section and any and all applicable laws, Misura:

1. excludes all warranties and implied representations in respect to the Products;
2. is not obliged or required under the set terms and conditions to allow a claim for any damage to Products caused by misuse, abuse or normal wear and tear; and
3. will not be directly or indirectly liable or otherwise responsible for any damage or other loss of any nature connected to the Products that are sustained by any party, including but not limited to any consequential, incidental, special or economic loss, damage or injury.

11. Faulty or Damaged Products

11.1 We request that you closely inspect all Products immediately on delivery and report any damaged or faulty Products to us within 24 hours of delivery.

11.2 If a Product is damaged, incorrect or faulty, you must contact us within 24 hours of delivery. You must comply with directions or instructions given by us in relation to returning the damaged, faulty or defective Product to the manufacturer or us.

12. Consumer Guarantees

12.1 Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.

12.2 To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Products or Services again or payment of the cost of having the Products or Services supplied again.

12.3 To the maximum extent permitted by law, we will not provide you with a refund, or exchange or repair the Products or Services Ordered by you on, or via, the Site where:

1. the Products are damaged through misuse, accident or abnormal use; or
2. the Australian Consumer Law or any manufacturer’s warranty does not apply.

12.4 Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.

13. Indemnity

13.1 You agree to indemnify us and our officers, directors, employers or contractors (collectively, the ‘Indemnified’) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.

14. Liability

14.1 To the maximum extent permitted by law, we exclude all:

1. conditions, guarantees or warranties expressed or implied by law; and
2. any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of the Material, the Site, or any Products or Services Ordered on, or via, the Site and this Agreement.

14.2 Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed the fee paid by you to us for the Products in your Order. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

14.3 To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.

15. Privacy

15.1 We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

16. General

16.1 We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.

16.2 Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.

16.3 Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.

16.4 A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.