GENERAL TERMS AND CONDITIONS

1. SCOPE

These Terms and Conditions shall apply to all persons who access this website. This page states the Terms and Conditions under which you, in the capacity of either as a visitor or as a purchaser, may visit this Web site. By viewing our website or placing any purchase order, you will be deemed to accept these terms and conditions without any waiver or modification thereof. We reserve rights to revise these Terms and Conditions at any time by updating this posting.

2. OUR PRODUCT

MikesOnline, a sister concern of Mike's Carpet Discounters, is an online store for Mike's Carpet Discounters, retailing but not limited to carpets, tiles, laminate, timber, blinds, rugs, vinyl, flooring accessories and many more similar/dissimilar items as appeared in our website from time to time. It remains our best endeavor to gain customers’ satisfaction by supply of quality products at most competitive prices. All our products have gone through rigorous quality review by our internal quality team and external experts.

3. PRICING AND PAYMENT

Prices indicated on the website are inclusive of G.S.T and are stated per square meter, unless otherwise specified. Handling, shipping and delivery charges will be extra and respectively stated at the time of transaction. You will be responsible for any local and other taxes, if any, associated with the order. Prices are subject to change at any time without notice but will not affect orders made and accepted prior to the date of the change. All orders must be paid in advance as per the approved payment method as appeared in the website. We will, along with delivery of the product, send you the copy of bill/ invoice for your record. All payments must be made in Australian Dollar (AUD).

4. SHIPPING / DELIVERY

At present, we are operating Australia wide. We require you to provide the correct and valid address in Australia for the parcel to reach you safely. The products will be delivered to your Australian address via our third party logistic alliance operating in your area. We will try our level best to post the product within 7 working days from the date of confirmation of purchase order and receipt of proper payment. The title to the goods will pass to the buyer once the goods will be received by you. If the delivery is unattended or person/address not found, then, on your request the purchased item will be reshipped to you with cost of reshipment and storage borne by you. You hereby agree that it is not possible to deliver the parcel in remote locations and in such a case; you will be required to pick the delivery from the local depot. Option to decide whether a location is remote location or not shall be with the sole discretion of us. In case you will not pick up the delivery from the local depot, the same will be returned to us and you have to bear the cost of storage and reshipment. You hereby agree and accept that ‘Goods once sold are not returnable’. Also, if goods are too heavy or large and a driver cannot safely pickup or deliver the goods on their own, the consignment will be dropped at the local depot and you will be required to pick up the same at your own cost and risk. Our responsibility will be delivering the consignment at your location or at local point as the case may be. Once dispatched, we will send consignment number to your registered mail id/ mobile number and you will have the facility to track the consignment. Passing of title of the reshipped parcel shall be same as for the original.

If delivery to the customer should fail for any reason outside our control, we reserve the right, without any liability, to cancel the agreement and refund any monies paid after deducting cost of damage, shipment and other associated costs.

5. CANCELLATION OF ORDER AND RETURN / REFUND POLICY

We want our customers to take informed judgment on the basis of full and complete information as available in our website. Order once processed and accepted cannot be cancelled under any circumstances unless it is incorrectly listed. MikesOnline reserve rights to cancel the order at its own option with or without any reason as the case may be.

You hereby agree and understood that “Goods Once Sold Are Not Returnable” and you are entitled to return the goods sold only and only when the same is a) Not of Merchantable Quality and is b) being sold under deceptive advertising (except color and dye variation). In case the sold item falls under any of the above category, you should inform us over mail within not later than 07 (seven) days from the date of receipt of the goods and should return the goods to reach us not later than 15 days from the receipt of goods along with original invoice and all other papers in proof of your purchase. The returned goods should reach without any damage (as it was originally received) at your cost and risk. Please note, subject to Trade Practices Act, 1974, certain items including but not limited to digital contents are not returnable.

We require you to check the consignment on delivery and return up front if the same is damaged and notify us immediately. We will reship the item free of cost within a reasonable time.

Further, the products sold are not exchangeable for any reason whatsoever.

6. TERMS OF USE OF THIS SITE

The content of this website is purely informational. We reserve absolute and unconditional right to change it with or without any notice.

You are entitled to use this Site, the information mentioned in the site, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes only and/or to learn about our products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Your unauthorized use of this website may attract civil and criminal liability on you. You are not authorized to use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

7. COOKIES AND PERSONAL INFORMATION

This website uses cookies to monitor your browsing preferences. If you do allow cookies to be used, your personal information may be stored by us for use by us and or by third parties and you hereby consent for that. You hereby agree to receive information, promotional and communications of like nature from us electronically.

8. DISCLAMIER OF WARRANTIES

NEITHER WE, NOR ANY OF OUR PARENTS , AFFILIATES NOR ANY THIRD PARTIES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE PRODUCT OR SERVICE OFFERED OR SOLD IN THE WEBSITE, QUALITY, QUANTITY, PERFORMANCE, SUITABILITY, ONTIME DELIVERY OF THE PRODUCT OR SERVICE BEING SOLD THROUGH THIS WEBSITE NOR THE CONTENT OF THE SITE, ITS ACCURACY, TIMELINESS, COMPLETENESS ETC. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE PRODUCT, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE.

9. LIMITATION OF LIABILITY

 

IN NO EVENT WE WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE PRODUCT, THE SERVICE, OR THE CONTENT OF THE SITE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE,

THE SERVICE, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DON’T ASSUME ANY LIABILITY FOR QUALITY, QUANTITY AND DELAY IN DELIVERY OF THE PRODUCT. ALSO WE DON’T ASSUME ANY PRODUCT LIABILITY ON OUR PART.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED 100 AUSTRALIAN DOLLARS (ONE HUNDRED AUD).

10. VIRUS NOTICE

THE OWNER OF THE WEBSITE INCLUDING ITS PARENTS, SUBSIDIARIES, AFFILIATES AND PARTNERS AND OPERATORS OF THIS SITE ARE NOT RESPONSIBLE FOR ANY COMPUTER VIRUSES WHICH MAY BE PRESENT IN ANY OF THE ITEMS THAT YOU OBTAIN FROM OR THROUGH THIS SITE.

USERS ARE COMPLETELY RESPONSIBLE FOR PERFORMING ANTI-VIRUS SCREENING AND VERIFICATION OF ALL FILES OBTAINED ON OR THROUGH THIS SITE. CURRENTLY UPDATED ANTI-VIRUS SCREENING SOFTWARE IS HIGHLY RECOMMENDED.

11. TRADEMARK AND COPYRIGHTS

The Site and the Content are protected/under process of protection with Domestic and / or foreign copyright laws, and belong to us or our parents, subsidiaries, partners, affiliates, contributors or third parties. You may download and reprint Content for non-commercial, non-public and personal use. Manipulation or alteration of images or other Content on the Site in any way will expose you to civil and criminal liabilities under law and equity. Further, you are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner.

12. INDEMNIFICATION

You hereby agree and understand that you will be personally responsible for your behavior on the Site. You agree to indemnify, defend and hold us, our parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and legal costs including reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

13. USER SUPPLIED INFORMATION

We do not want to receive any confidential or proprietary information from you via the Site. You agree that any and all material, information, or data including personal data you transmit to us or post to the website shall be considered non confidential and non proprietary and you guarantee that you are the owner or have legal right to use these information/data and that it will not violate any law or the rights of any person or entity, and further you give us the royalty-free, irrevocable, perpetual and worldwide right to use, distribute, display and create derivative works from those information in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

14. PASSWORD SECURITY

If you register yourself to become our member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

15. LINKING TO SITE

Anyone linking to this Site must comply with our guidelines for linking to this Site and all applicable laws. From time to time this website may also include links to other websites for your convenience, but it does not signify that we endorse the website(s) and we have no responsibility for the content of the linked website(s).

16. CHILDREN

You, by accessing this website warrant that are not a CHILD AND OR MINOR and need protection under law. You also warrant that you are competent enough legally to view and enter into contract through this website. We expressly prohibit children AND MINOR to access AND/ OR INTERACT THROUGH our website.

17. ENTIRE AGREEMENT

Products sold under our website as well as Access to our website is purely governed by these terms and conditions and these are intended as a complete, exclusive and final expression of the parties’ agreement with respect to the subject matter herein and supersedes any prior or contemporaneous agreements, whether written or oral, beparties.

18. CHOICE OF LAW AND JURISDICTION

This contract of sale as well as access to our website shall be governed and interpreted in accordance with substantive Law of Australia excluding any conflicts of law provisions and court of Victoria shall have exclusive jurisdiction over any disputes arising out of this agreement. Each party shall bear its own cost but losing party shall be liable to indemnify the winning party for all cost, damage, loss, expenses including reasonable attorney fee as suffered/paid by the winning party. Any dispute arising under this Agreement shall at first be settled in accordance with the Arbitration Rules as prevailed in Australia by single arbitrator appointed in accordance with such Rules. The arbitration shall take place in Melbourne, AU, in the English language and the arbitral decision shall be final and binding on both the parties.

19. STATUTE OF LIMITATION

Statute of Limitation (SOL) shall be governed as per law of Australia.

20. MISCELLANEOUS

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements and is fit for the intended purpose or use.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions. We may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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