pixelTerms & Conditions – Tiger Mist

Terms & Conditions

These Terms and Conditions (“Terms”) govern the use of tigermist.com.au and tigermist.com (collectively and severally, “Website”).

By accessing, using, browsing, registering with, contributing to, or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any products from the Website is subject to these Terms and all applicable laws, and is at your own risk. If you do not agree to these Terms in their entirety, you must not use the Website. When purchasing products from the Website, these Terms form a contract between the customer (“you”) and A&S Labels Pty Ltd ACN 164 210 860  and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (referred to in this document as "we", "us" or "our") and apply to the ordering, purchase, fulfilment and delivery of products from the Website.

Please read these Terms carefully before placing your order as these Terms contain important information about the ordering, processing, fulfilment and delivery of products, including limitations of liability.

AUSTRALIAN CONSUMER LAW

Your purchase of goods will be subject to certain laws including the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the goods must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for, and that the goods will correspond with any relevant description. Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

PRICE MATCHING

Like many retailers, we reduce prices of products periodically. If you purchase a product before it is reduced, we are not obliged to honour the newly reduced sale price for you, and nor are we required to price match a product you may see cheaper elsewhere. 

SITEWIDE SALES AND REGULAR PROMOTIONAL SALES

Promotional sales may exclude selected products, pre-orders and the purchase of e-vouchers. The marked down price of products in a promotion will be the displayed price unless a discount code is required, in which case the final price will display once the code has been entered correctly at checkout. Discount codes can only be applied once per person/transaction.

If a promotional sale applies to already reduced products (mark down items), the discount will be applied to their current sale price. You may or may not see the original recommended retail price if this is the case. The use of discount codes issued prior to a sale is not applicable on already reduced products during a sitewide sale. The conditions of a discount code will be specified at the time of issue.

We reserve the right to end a promotional sale at any time without notice, unless we have otherwise published a date for the sale to end.

PRICING ERRORS

We reserve the right to amend any pricing errors displayed whether due to human error, computer malfunction, or otherwise.

Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.

TERMS OF SALE

By placing an order for any products on the Website (“Order”), you are offering to purchase the products on and subject to these Terms.

Each Order you place will be a separate and binding agreement between you and us with respect to the supply of the products in accordance with these Terms.

By placing an Order and/or using our Website, you are acknowledging agreement to and understanding of our privacy policy which may be viewed HERE.

From time to time we may need to cancel an order. Please be assured that your payment will be refunded to your original payment method which can take anywhere from 3 - 5 business days to reflect in your bank account.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. We will not be responsible, and have no liability to you, for missed or late deliveries.

You acknowledge that all Orders through the Website are with respect to products intended for personal and domestic use only and non-commercial use.

The colours of products will sometimes vary depending on the quality and make of the device or monitor they are being viewed on.

In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

We reserve the right to accept or reject an Order for any reason at any time.

When placing an Order, you undertake that all details that are provided to us are true and accurate, that you are an authorised user of the credit or debit card used to place the Order, and that there are sufficient funds to cover the cost of the products.

We reserve the right to hold an order pending credit card verification.

If our merchant bank is not satisfied with the information you provide, your order may be cancelled and refunded.

Changes to items on orders, shipping addresses or names are not permitted once an order has been placed. Further, we can refuse any amendment or cancellation of an Order at any time.  

We may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in our sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

VARIATION

We have the right to amend, remove or vary these Terms and our Policies at any time without notice, but these will not have a retrospective effect. It is your responsibility to be aware of any changes made to these Terms and Policies and by continuing to use and visit the Website you agree to be governed by these Terms and the Policies (as varied from time to time).

PRICE

The price with respect to any products is specified on the Website (“Price”). The Price is exclusive of any delivery fees.

Where a delivery address within Australia has been nominated, the Price includes Australian GST.  Generally, Australian GST is not applicable where a delivery address outside Australia has been nominated, though additional taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. If products are over the relevant country’s threshold and customs entry is required, there will also be an additional administration charge from our shipping partners for handling the customs clearance. We do not cover import liabilities that may be applied by the government of the destination country.  We will not accept responsibility for customs delays, duties or taxes that may apply in the destination country.

Where products are sold in the United States or other countries, applicable sales tax may apply and will be in addition to the quoted Price.

Any currency conversion fees or rates used to determine the amount you pay for the products is determined by your credit card provider. We are not liable for any difference between the Price quoted on the Website and the actual amount charged to you for the products as determined by the fees and conversion rate used by your credit card provider.

We reserve the right to change or alter Prices on the Website without notice to you.

In paying or attempting to pay for the products, you agree that you have not engaged in any fraudulent conduct or contravened any law.

Where applicable, we will issue you with an Australian tax invoice once payment in respect of the Order has been processed.

While we take all reasonable precautions with respect to encrypting and securing your payments to us, we cannot guarantee the security of any transaction.

CREDIT NOTES and E-VOUCHERS

Credit notes, and e-vouchers are valid for a period of 3 years from the date of issue and cannot be extended beyond this period unless we otherwise expressly agree in writing.

CANCELLATION OF ORDERS

Please carefully check that your Order (including delivery address) is accurate before you submit it as unless otherwise provided for under these Terms, no cancellations or changes will be accepted. This also applies to pre-orders.

RISK AND OWNERSHIP

Risk and title in the products pass to you on the date and time of delivery of the products to our nominated third party delivery or shipping company.

LIMITATION OF LIABILITY

Subject always to any non-excludable liability (including under applicable consumer laws including the Australian Consumer Law), and the express provisions of these Terms, we will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through the Website, or resulting from use of goods or services supplied to you, or on your behalf, through the Website.

Subject always to any non-excludable liability implied by legislation (including under applicable consumer laws including the Australian Consumer Law), our liability (if any) in connection with goods or services supplied to you will, at our election, be limited to:

  • in relation to goods, a refund, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods;
  • in relation to credit notes, gift cards, and e-vouchers, our maximum aggregate liability to you is limited to their remaining balance; and
  • in relation to services, the supply of the services again or the payment of the cost of having the services supplied again.

The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).

To the extent permitted by law, our liability to you for loss or damage of any kind arising out of your use of, or relating to, this Website will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

Subject to any rights you have under any consumer protection law (including but not limited to the Australian Consumer Law) or any other laws that cannot be excluded, we exclude, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms. You may be entitled to certain rights under consumer protection law or other laws that cannot be excluded, including any statutory guarantees that are provided under the Australian Consumer Law.

WEBSITE IS PROVIDED “AS IS”

Use of the Website is on an “as is” and “as available” basis and is at your own risk.

We do not warrant or guarantee that the Website is accurate, correct, secure, reliable, timely, complete, adequate for any purpose or that it will remain uninterrupted or virus free. To the maximum extent permitted by the law, we are not liable for any error or omission in the information on the Website.

We may modify, discontinue, interrupt, suspend or limit the use of the Website at any time when we believe it is reasonably necessary to do so. To the maximum extent permitted by the law, we are not liable for any modification, discontinuance, interruption, suspension or other limitation of the Website.

Any material downloaded or otherwise obtained through the Website is done so at your own risk and discretion and we are not responsible in any way for any damage to your computer or network that may result.

THIRD PARTY LINKS

The Website may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites at your own risk.

COMMUNICATIONS

When signing up with any of our membership platforms, you consent to us using your personal information, such as your email address, for direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions and promotions, by email, SMS, social media or post. You may opt out of receiving these direct marketing communications, and any variation to your communication preferences, at any time.

WAIVER

The failure by us at any time to require any performance by you of a provision of these Terms shall not affect in any way our full right to require that performance subsequently.

The waiver by us of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of our right to avail ourselves of that right subsequently.

Any waiver by us of a breach of these Terms must be in writing and signed by us, and shall be effective only to the extent specifically set out in that waiver.

FORCE MAJEURE

If the performance of our obligations under these Terms is prevented, restricted or affected by a force majeure event or any other event beyond our reasonable control (including but not limited to strike, lock out, raw material shortage, breakdown of plant, transport or equipment), we will not be liable for any loss or damage suffered by you or any third party.

INDEMNITY

You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms.

INTELLECTUAL PROPERTY

All intellectual property rights in all software and content made available to you on or through the Website remains our property. You are authorised to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.

You are not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without our prior written and express consent. Such consent may be withheld by us at our absolute discretion.

You must not remove any copyright or trademark notices from the content found on the Website.

We make no representation or warranty to you of any kind, express or implied that our products or services will not infringe any intellectual property rights of a third party.

COMPETITIONS

We may run competitions and promotions from time to time which may be subject to separate terms and conditions in addition to these Terms. Any additional terms and conditions will be made available on the Website. Please read all additional terms and conditions before participating in any competition or promotion. Involvement in a competition or promotion will be deemed as acceptance of these Terms and any additional terms and conditions governing the competition or promotion.

GOVERNING LAW & JURISDICTION

These Terms contained herein shall be governed by the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.

SEVERABILITY

The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

ENTIRE AGREEMENT

These Terms and the Policies constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.

HOW TO CONTACT US

If you have any queries or would like more information about these Terms or any of our Policies, contact our customer service team via customercare@tigermist.com.au.

RETURNS

Please carefully read through this returns policy as you are agreeing to this when you make a purchase from our Website. Please however remember that our returns policy is in addition to your rights under the Australian Consumer Law which we will always stand by.

CHANGE OF MIND RETURNS

If you have a change of mind in respect of a purchase (e.g. you no longer want the product), we  will accept a return within 30 days of purchase and provide you with a credit note or refund in accordance with this returns policy, other than for the following items which cannot be returned  for change of mind reasons only (and not if it’s a Deficient Product, as defined below):

  • e-vouchers.
  • products purchased during a promotional sale period.
  • products purchased at a “final sale”, “sale” or at a reduced/discounted price.
  • underwear, lingerie, or swimwear (including one pieces and sets).
  • products that have inbuilt underwear sewn into them.
  • products returned in a condition other than their original condition.
  • products returned without their tags attached.
  • products not in their original packaging.
  • products that appear to have been worn, smell of perfume, smoke, deodorant or body odour.
  • products that are marked or damaged in any way, that includes, fake tan, deodorant or makeup.

Shipping costs are not refundable for change of mind returns and you are responsible for the costs of shipping the products back to us.

Our returns department has the right to refuse any returned item (not being a Deficient Product, which is dealt with below) that does not meet the original condition, in which case we may require you to pay our reasonable postage costs before we return the item to you.

OTHER RETURNS

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and for compensation and other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Without limiting the effect of the Australian Consumer Law, where you have purchased a product from us that:

  • is faulty, unsafe, contains a defect, or is not of acceptable quality, appearance or finish;
  • is not fit for its intended purpose; or
  • does not match the product image or our description,

or we are otherwise legally obliged to accept a return of the product under the Australian Consumer Law or any other applicable law (“Deficient Product”), we will accept returns and provide you with an exchange, repair, credit note or refund (at your election) using your original payment method.  However we reserve the right not to offer a credit note, exchange or refund where the goods have become of unacceptable quality a result of your misuse, damage or neglect.

If you believe an item you've purchased from us is a Deficient Product, contact us at customercare@tigermist.com.au with (if applicable) images and other descriptions of the fault or deficiency.

Deficient Products can be returned within a reasonable timeframe (the length of which may depend on the circumstances) subject to proof of purchase (or where we have details of your purchase in our system).

Once you’ve submitted your return request, we will contact you with details of your return so that you can send your item(s) back to us. Deficient Product returns are usually processed within 2 business days of receipt and you’ll receive an email detailing your return once this has been done.

We will cover the packaging and postage costs associated with you returning a Deficient Product. However, you are liable for any delivery costs if we acting reasonably determine that returned product does not meet the criteria for being a Deficient Product.

CREDIT NOTE AND REFUNDS

All returned orders will at our option, be issued with either a credit note or refund to the value of the item(s) returned, less any shipping costs (other than Deficient Product, where we will be responsible for these costs and will provide a refund where you request it instead of a credit note).

If you paid with Afterpay then we may cancel your Afterpay payment plan rather than issue a refund or credit note.

RETURN POSTAGE

If you’re an Australian or US customer and returning for a store credit, we’ll cover your shipping costs! Simply process your return through the portal, select store credit, and we’ll send you a free shipping label.

If returning for a refund (to the original payment method), the return label costs will be deducted from your final outcome, $8.95AUD for Australian customers and $10USD for US customers (other than for Deficient Products, which will not be charged for).

Rest of world customers need to arrange postage at their own cost.

Please note, we are not responsible for lost, stolen or undelivered returned parcels.

SHIPPING

Delivery times are quoted in business days for metro areas only and are estimates.

During sale periods, please allow additional time to receive your order.

Shipping times are provided by our couriers and can vary depending on shipping location and other external factors. 

For international orders, the displayed product costs and delivery fees do not include taxes and duties which may be applied by customs or postal authorities in the country of delivery (see below for more information).

We make every effort to ship all orders received by 12pm AEDT on the same day. Orders placed after 12pm AEDT, on weekends or public holidays will be attempted to be processed the following business day. You will receive a shipping confirmation email as soon as the order has been dispatched. You can also select to receive updates via Facebook Messenger or SMS at checkout after you place your order.

PO BOXES
We do not deliver to PO Boxes/Parcel Lockers. If you enter a PO Box address, your order will not be shipped and we will contact you for an alternative address. If we don't hear from you within 48 hours of contacting you, your order will be cancelled and refunded. 

EXPRESS 1-2 DAY DELIVERY – AUSTRALIA

All Australian orders are sent express via StarTrack Express using an Authority To Leave (Without Signature) service. We strongly recommend providing a business address to guarantee the safe delivery of your order. If you do not provide a business address and delivery is attempted while no one is home, the courier will leave your parcel at your property. Unfortunately, we cannot be held responsible for lost or stolen parcels so please use a business address wherever possible.

If you have a question regarding your delivery, you can contact StarTrack directly on 13 23 45 (8am-6pm AEDT Mon - Fri). If they're unable to assist you, feel free to get in touch with us. 

EXPRESS INTERNATIONAL DELIVERY – DHL

Orders sent express via DHL Express use a signature service and can be tracked here. If delivery is attempted while no one is home the courier will leave a card in your letterbox or attempt to contact you to arrange a re-delivery. We recommend providing a business address to ensure your order is signed for when delivery is attempted. 

Please note, if you request your delivery method be updated to a different address or provide DHL with authority to leave, you are waiving your right to any form of reimbursement or re-delivery if your order is not delivered, stolen or lost. We do not recommend altering our signature on delivery service for this reason.

STANDARD INTERNATIONAL DELIVERY – AUSTRALIA POST

Orders sent via Australia Post’s international shipping service are shipped via a standard service. Once your order leaves Australia, it will be transferred to your local postal service for delivery. You can track your order online here.

Please note, it is your responsibility to keep an eye on your tracking. To avoid any concerns with delivery, we recommend providing a business address to ensure your order is signed for when delivery is attempted. If delivery is attempted when no one is home, your parcel should be left in a secure location or a card will be left with collection information, depending on your local shipping courier’s processes.

We have highlighted our main international carriers below for you. Please note, as this is a standard service, delivery times vary and delays may be experienced.

Below is a list of the major national postal services that your parcel will be shipped via:

  • UK - Royal Mail
  • Canada - Canada Post
  • The Netherlands - PostNL International parcel tracking service
  • Germany - Deutsche Post
  • France - La Poste

If your country is not listed above or you're having trouble tracking your parcel, please refer to the following website: https://www.17track.net/en

CURRENCY CONVERSIONS
Currency conversions are estimates only and the total amount you are charged will depend on the exchange rate and processing fees your bank charges you. Your order total will display in AUD at checkout (even where you are using our currency converter to view prices in your local currency) and all order confirmation emails and invoices will display AUD. The conversion rate you are charged will be decided by your bank. While most exchange rate systems are very similar, we can’t guarantee the exchange rate we are using to display an approximate price to you on our site will be the same exchange rate that your bank uses when processing your transaction.   

INTERNATIONAL TAXES & DUTIES

You may be charged import duties and taxes by your local customs authority when your parcel is received into your country. Duty rates vary depending on the value of the goods, what they are made of and where they are made. Importantly, all countries have different rules regarding this so we are unable to tell you exactly what duties you may be required to pay as this is determined on import by local customs officials. You will not always be required to pay duties or import tax, but it is important that you make yourself aware of the duties that apply in your country in case you are charged to avoid any surprises. We have highlighted some customs websites to refer to before purchasing below.

Please note, if you decide not to pay import taxes or duties and choose to reject the parcel, you will not be refunded for your order.

FREE SHIPPING THRESHOLDS

Please note, free shipping thresholds only apply to the order after discount codes have been applied and before shipping costs are added i.e. the amount spent on items in your order (excluding any shipping costs) must exceed our minimum spend in order to qualify for free shipping. 

SALE PERIODS & PUBLIC HOLIDAYS

Due to the huge response, we receive during sale and promotional periods, there are times when we will be unable to ship your order the following business day. Please allow additional days for the processing of your order during sale times, as well as any Victorian (and Australian) public holidays when our dispatch centre is closed. Public holiday information can be found here.

PRE-ORDERS

Pre-orders will not be shipped prior to the estimated shipping date mentioned on the product page. Any non pre-order available items on your order will be shipped immediately and your pre-order will be sent in a separate parcel when it arrives. Please note, we are unable to give exact shipping dates for pre-orders other than the indicative time displayed on the product information page, however, we will make every effort to contact you if your order is going to be delayed.

Please note, we are not able to cancel any orders for pre-order styles unless stated otherwise. 

EDITING ORDERS & ADDRESSES

Changes to items on orders, shipping addresses or names are not possible once an order has been processed. Please check your billing and shipping information carefully before you place your order as our dispatch team processes orders quickly.

CUSTOMS HOLDS

Estimated delivery times do not include customs delays or holds. In the unlikely event that you have not received your parcel within a delivery time estimated above and you have not been contacted regarding your delivery by one of our shipping couriers, please get in touch with us and we will investigate your delivery on your behalf.

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