Terms & Conditions

Welcome and thank you for your interest in, ARIAS J&C Pty Ltd., doing business as Mira Denim (“Mira Denim”,  “we”, or “us”), and our website, networks, applications, mobile applications and other services provided by us (collectively, the “Service”). These terms of Service are a legally binding contract between you and Mira Denim regarding you use of the Service, purchase of any product/s, and access to our Website www.geminduztrie.com.au

Mira Denim reserves the right to change or modify these Terms at any time and in our sole discretion. If Mira Denim makes changes to these Terms, we will provide you with notice of such changes by either sending you an email, posting a notice on our Sites or updating the date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms & conditions that apply to your use of the Sites.

Please read these Terms & Conditions “Terms” carefully. By accessing our website, mobile applications or online services, you agree to be bound by these terms & conditions and all terms incorporated by reference.

Do not use our website, mobile applications or online services if you do not agree to all of these terms. With that in mind, we will always strive to maintain high standards of service. In order to do so, the following clear Terms of our of the Service outlines what we can and we cannot do for our customers.

 

Privacy Policy 

Please refer to our Privacy Policy for information on how Mira Denim collects, uses and shares information about our customers.

Eligibility, Registration and Account

You do not have more than one active membership account on our Site. You can update, edit or terminate your membership at any time but you cannot transfer your membership.

In consideration of your use of the Site/s, you agree to (a) provide accurate and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account details with other and, promptly notify us if you discover or otherwise suspect any security breaches related to the Sites.

Ownership of Site Content/Copyright

Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the Mira Denim logo and all designs, text, graphics, pictures, information, software (Website IP), data, video, sound files (collectively “Site Content”) are the proprietary of Mira Denim and are protected and governed by the laws of Australia.

The Website IP is property of Mira Denim or a third party who has contributed to the Website. Nothing on the Website or in these Terms & Conditions should be interpreted as conferring a licence or right to use the Website IP unless prior written consent of Mira Denim.

Limitation of Liability

To the completest scope allowed by applicable law, including The Australian Consumer Law, in not event shall Mira Denim are not liable for any loss or damage occurred by use of the Website or any other site linked to the Website, or for loss or damage incurred through the purchase of any Product made available via the Website, or from any recommendation or information provided by us to you via the Website, or any special, indirect, incidental or consequential damages, including, but no limited to loss of use, loss of profits or loss of data, or damages that result from events beyond our reasonable control, such as interruptions to all or sections of our Website, deletion of files or emails, error or omissions, defects, viruses, delays in operation or transmission of failure of performance, whether or not resulting from acts of communication failures, theft, destruction or unauthorised access to an Mira Denim records, files or services.  If we breach any Term, condition or warranty (which cannot be excluded at law), our liability, at our discretion, to either:

The re-supply of items purchased by you vi the Website in respect of which the claim arises; or
 

Payment of the amount paid by you for the item/s in respect on which the claim arises. 

 

Indemnification

To the completest scope allowed by applicable law Australian and/or International Law, including the Australian Consumer Law and acceptance of the Terms & Conditions, you indemnify us against all legal action, loss, liability, claim, judgment, damage or cost incurred by you arising from (a) your breach (or the breach of any other person accessing the Website and its contents through you) of these Terms; (b) your access to or use of the Website.

 

Modifications to Site

Mira Denim reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or sections thereof without prior notice. 

 

Hyperlinks

You are allowed a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray and display Mira Denim or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or objectionable.

You may not use an Mira Denim logo or other proprietary graphic of Mira Denim to link to the Website without our prior consent. Mira Denim makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from our Website, or websites linking to our Website. Such as sites are not under the control of Mira Denim and we provide these links to you only as a convenience, and transparent legal additional sources of legal or other sources of information.

The inclusion of any link does not imply affiliation, endorsement or adoption by Mira Denim of any site or any information contained therein. You should review the applicable terms and policies, including privacy and data gathering practices, or any site to which you navigate from the Sites. 

User Content and Interactive Features 

The Website may contain blogs, product reviews, or other interactive features, in which you or other customers create, post, transmit, or store any content such as text, music, photos, video (“User Content”). You agree that you are solely responsible for your User Content and, for your use of such Interactive Features and that you use the Interactive Features at your own risk.

When using the Website, and any interactive areas, you agree and must not  post, upload to, transmit, distribute, store, create or otherwise publish or send through the Website any of the following

Post the private details or another person or entity, or impersonate or imitate another person or entity;

Use the Website in a manner or for any purpose which is unlawful or contrary to these Terms & Conditions;

Use the Website that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any Australian law;

Use the Website that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another customers where you have not obtained the customer’s consent;

Exploit the copyright, or intellectual property rights of Mira Denim or a third party, unless the prior written our prior consent.

User Content that makes false or misleading statements, claims or depictions about a person, company or product service

User Content that does not clearly and prominently disclose any material connections you may have with Mira Denim;

Upload post, email, transmit or otherwise make available any software that contain a virus  or other information that is design to interrupt, destroy, corrupt or limit the operation of the Website, its servers, and software.

Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement of these Terms & Conditions in some instances does not constitute a waiver or our right to enforce them in other instances.  These Terms & Conditions do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Website will not contain any content that is prohibited by the Terms & Conditions.

Mira Denim encourages our customers to report User Content that violates these Terms & Conditions. Please report any breach of these Terms & Conditions to our customer service team via email at support@geminduztrie.com.au

Product Reviews

We may provide specific instances for yo to tell us what you think about our products and services (“Product Reviews”). Should you exercise the utilisation of Product Review, you agree to state your opinions lawfully, honestly, and in good faith. All Product Reviews are strictly the opinion of the user posting such reviews, and Mira Denim does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews.  

We may use a third party to “power” or provide the opportunity to review our products or services. In that case, you will also need to review the terms of service for that third party’s website, including if privacy policy, to determine whether they are acceptable to you or not.

 

No Third-Party Beneficiaries

These Terms & Conditions are for the benefit of, and will be enforceable by, the parties only. These Terms & Conditions are not intended to consult any right or benefit or create any obligations or liability on any third party. 


Severance

If any part of these Terms & Conditions is found to be invalid or unenforceable, the remainder of the Terms and Conditions will continue to apply and it shall not affect the validity and enforceability of those.


Disclaimers

Except as explicitly provided, the Website, Site Content, User Content and services provided on or in connection with the Website (Collectively “Complete Site”) are provided on as “AS IS” and “WITH ALL FAULTS” and “AS AVAILABLE BASIS” basis without representations, warranties or conditions of any kind, either express or implied. 

Mira Denim does not warrant or guarantee that the Website is accurate, correct, secure, reliable, complete, timely, adequate, current or error-free for any purpose or that it will remain uninterrupted of virus free. Mira Denim does not represent or warrant that the Website or our servers are free of viruses or other harmful components. 

 

Price

All orders are priced in Australian Dollars and include GST. 

All prices exclude shipping, postage and handling charges. There will be an additional charge to you for postage and handling. You will be notified of these extra charges at the time you place your order.

All prices quoted on our Website are subject to change at our soles discretion without notice.

If the price of an item/s is reduced after you place an order, Mira Denim will not offer a subsequent price adjustment. The relevant price of merchandise is the price at the time you place your order.

 

 

  • Errors
  •  

    We always strive to be as accurate as possible and minimise errors on the Sites, however, we do not warrant that any item, service, description, pricing, photograph or other information is accurate, complete, reliable, adequate, current or error-free. In the event of an error on the “Complete Site”, we reserve the right to correct such error and revise your order accordingly if necessary or to cancel and refund any amount charged. 


  • Cancelation of Orders
  • To the completest scope allowed by applicable law, including The Australian Consumer Law. Mira Denim may cancel or refuse to accept an order at any time without liability.

    If we cancel an order after you have made a payment, we will refund that payment to you through the same mechanism we have received and in full.


  • Payment of Orders
  • Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or , in our discretion, other method. 

    You must provide complete, true and up to date payment and billing details. And you must be the authorised holder of the credit or be authorised to use the credit card in order to have payment details authorised and processed. If the credit card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, you order may be suspended or cancelled automatically.

    If Mira Denim is charged a fee for processing your credit card by your financial institution, you will be liable for these charges, We will notify you of these charges if they apply.

    Mira Denim uses PCI complaint payment providers PayPal, Shopify Pay to offer you peace of mind and, a secure payment system/s to protect you in accordance with current best industry practices.  Mira Denim will take all the reasonable steps to ensure your personal information remains secure, it is beyond GEMINDUZTRIE control to completely guarantee that the transmission of data over the internet will be totally secure at all times.

    Subject to the Mira Denim Privacy Policy, and Terms & Conditions, any information submitted to us on the Website is done so at your own risk.

     

     

  • Agreement to Conduct Transactions Electronically; Copies
  •  

    You agree that all of your transactions through our Website may be conducted electronically from the start to finish. If we decide to proceed non-electronically (e.g. payments through square-up app secured payment solution), those transactions will still be governed by the remainder of these Terms & Conditions unless you enter into different Terms provided by us. You are responsible and you are required to make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

     

  • Delivery
  •  

    Orders are only delivered to your nominated address between Monday to Friday during business hours. 

    Mira Denim aims to dispatch orders received before 13:00pm AEST during regular business hours on the same day. Orders received after 10:00pm AEST, on public holidays or weekends are aimed to be dispatched the next business day.

    Mira Denim only uses the largest and reputable postage and courier services (Australia Post) to deliver your item/s to the delivery address nominated by you. To the completest scope allowed by the applicable law,Mira Denim accepts no responsibility or liability for undelivered item/s and, if item/s are returned to our mail address of if there is a delay in delivery which is beyond our control

    Mira Denim aims to deliver your item/s to postage and addresses located in Australia within three to five business days from dispatch. For express-courier purchases this may be one to two business days from dispatch.  Please noted, that during peak and busy times such sales periods, promotions, or offers there may be a delayed in dispatching your order due to an increase in order volumes.

    Title of the item/s and the risk of damage or loss to the item/s is transferred to you upon receiving delivery of the item/s from the postal or courier service used by Mira Denim.


  • Competitions and Promotions and Sale Offers
  • Entry into a competition or promotion run by us from time to time constitutes acceptance of may be separate terms & Conditions in addition to these Terms & Conditions. Competitions are free (excluding internet charges) and is only open to individuals who are 18 years or over.  

    Sale offers cannot be combined with other promotions and, as under our Return Policy, any sale offers and/or discounted item/s purchased by you are not refundable.


    QUERIES

    Should you require further information about these Terms & Conditions please contact us

     

    Date of Last Revision: September 11, 2019.