The following terms (“Terms and Conditions”) apply to any and all users of the Mini Campfires website (the “Site”). All Transactions made in connection with the Site, and your use of any content or information on the Site or Product purchased through the Site is subject to these Terms and Conditions and these apply regardless of how you access the Site. You should make sure you read and agree to these Terms and Conditions before you use the Site as your offer to purchase any Product will indicate to us your acceptance of these Terms and Conditions. Where any other terms and conditions apply to a Product or service related to the Site, these Terms and Conditions will override any subsequent terms and conditions, unless stated otherwise.
Your use of the Site indicates your understanding that the Site and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by Us, our Affiliates and our (or their) licensors, and you agree to abide by these usage rules. Unless otherwise expressly stated, all capitalised terms in these Terms and Conditions have the definitions given to them in clause 2 below.
“Affiliate” means any third party we may enter into agreements with for the supply of goods or services for the purpose of running our business. This includes all licensors, postal and courier companies and any other third party these companies may enter into contracts or agreements with in order to fulfill their obligations under any contract or agreement made with Us.
“Offer to Purchase” means your intention to receive Product(s) from Us via the initiation of a Transaction (this is subject to review or refusal by Us and does not confirm our offer to sell to you).
“Product” means anything available for purchase or access through the Site including goods, music, images, videos, artwork, text and other copyrightable materials.
“Site” means our website, www.minicampfires.com.au
“Terms and Conditions” refer to these terms and conditions that govern the Mini Campfires website and its use.
“Transaction” means the purchase of any Product via the Site whereby funds are successfully debited from your account and are received or accepted by Us (subject to any request we make for further information to authorise the payment).
“Us” means Mini Campfires, including all relevant Affiliates, subsidiaries, directors and employees (also referred to as “we” or “our” where appropriate).
All rights to any Products that we make available through the Site are owned by Us, our Affiliates and/or our (or their) licensors. Subject to your compliance with these Terms and Conditions, you have a limited, revocable, non-transferrable right to use Products you purchase or access through the Site solely for your personal, non-commercial use in accordance with these Terms and Conditions and any other terms that may apply to these Products.
OFFER TO PURCHASE AND TRANSACTIONS
By initiating a Transaction with Us, you represent and warrant that you:
- Are of legal age to form a binding contract with us (18 years or older);
- Have the legal right to make the Transaction and use the payment means selected by you; and
- Intend to create an Offer to Purchase.
NON-ACCEPTANCE OF OFFER TO PURCHASE
The receipt of an electronic or other form of order confirmation does not signify our acceptance of your Offer to Purchase, nor does it constitute confirmation of our offer to sell. We reserve the right to reject any Offer to Purchase made by you at any time for any reason. Non-acceptance of an Offer to Purchase may for example result from one of the following:
- The product ordered is unavailable;
- The payment is not authorised (see clause 6); and/or
- The identification of a typographical error whereby the product or pricing information is incorrect in some way (see clause 8).
AUTHORISATION OF PAYMENT AND FRAUD PREVENTION
We employ payment gateway provider Shopify Payments and utilise anti-fraud software to implement anti-fraud procedures to avoid and minimise fraudulent activity on the Site. Prior to the acceptance or non-acceptance of an Offer to Purchase made by you, we reserve the right to request additional information from you. A request for the provision of additional information may include the request for a photocopy of any photographic identification you may hold ie. A Driver’s Licence or passport, as well as a photocopy of the front and back of the card that is being used to make the purchase. We have the right to refuse an Offer to Purchase if the request for additional information is refused by you.
LIMITS TO A TRANSACTION
Except to the extent prohibited by applicable law, we reserve the right with or without prior notice to:
- Change a description, image or reference of a Product (descriptions and references to a Product do not imply our endorsement of a Product nor do they indicate our representations about the accuracy of the description or reference);
- Limit the available quantity of any Product;
- Honour or impose conditions on the honouring of discount code or promotion;
- Bar any user from making any or all Transaction(s);
- Refuse to provide any user with any Product; and/or
- Refuse or cancel any Offer to Purchase for any reason prior to our acceptance of this offer pursuant to clauses 4 and 5.
PRICING AND ERRORS ON THE SITE
We reserve the right to update or correct information on the Site at any time without notice. In the event that a Product is listed at an incorrect price or with incorrect information, we have the right to refuse shipment of or cancel any Offer to Purchase for the Product. Where we become aware of any error or inaccuracy after acceptance of your Offer to Purchase, we will inform you as soon as possible and give you the option of re-placing your order at the correct price or cancelling your order for a refund. Where we cannot get in contact with you by close of the business day on which we become aware of the error, your order will be cancelled and refunded. In the event that we are notified of any error after you order has been dispatched and if delivery has not been completed, we reserve the right to recall the parcel. This recall will occur at no cost to the customer and will not affect the timeframe in which a refund will be processed for the item/s purchased.
You are required to pay all charges incurred by you or on your behalf through the Site, at the price(s) in effect when these charges are incurred, including, without limitation, all shipping and handling charges and any applicable network charges in respect of mobile downloads. All sales through the Site are final, and all charges from those sales are non refundable, except as otherwise expressly stated in these Terms and Conditions.
The availability of Products or existence of content on the Site or Products does not warrant our endorsement of that Product or content, nor does it imply our responsibility for the accuracy or quality of that Product or information. Any slogan, text, graphic or image does not imply any representations by Us as a business regarding that slogan, text, graphic or image and does not constitute our endorsement of that information. Any links to third party sites made available via the Site do not represent our endorsement of any content made available on these sites and the policing of any third party website is beyond our control.
All content made available on or via the Site is protected by copyright, trademark and other intellectual property rights and is the property of Mini Campfires and/or our Affiliates. Copying or reproducing any intellectual property on the Site is prohibited and unlawful and may be subject to criminal charges and/or fines.
LIMITATION OF LIABILITY
We are not liable for any loss or damage occurred by use of the Site or any other website linked to the Site, or for loss or damage incurred through the purchase of any Product made available via the Site or from any recommendation or information provided by us to you through the Site. If we breach any term, condition or warranty (which cannot be excluded at law), our liability is limited, at our discretion, to either:
- The re-supply of goods purchased by you via the Site in respect of which the claim arises; or
- Payment of the amount paid by you for the goods in respect of which the claim arises.
We will not be liable for any other loss or anticipated loss or damage incurred by you however caused which arises from or in connection with your use of the Site, the contents of the Site (this includes information, pricing and all Products), or your reliance on any information or service we provide to you. We do not guarantee that your access and use of the Site will be free from any errors or viruses that may harm your software or affect the use of your computer.
By accepting these Terms and Conditions, you indemnify Us against all legal action, loss, damage or costs incurred by you arising from your breach (or the breach of any other person accessing the Site and its contents through you) of these Terms and Conditions, your use of the Site or your reliance on the contents of the Site (this includes all information, prices and Products).
ACCEPTANCE OF YOUR OFFER TO PURCHASE AND DELIVERY OF GOODS
We will endeavour to process Transactions within 24 hours from receipt or acceptance of payment (subject to any requests we make for further information required to authorise a payment). Once your Offer to Purchase is accepted by us, our offer to sell will be notified to you via email confirming the dispatch of your order. This email provides you with the tracking number linked to your order (this tracking information is subject to change at any time and/or may incur typographical errors on occasion). Delivery of your order will be via Australia Post’s Postal service. Except to the extent prohibited by applicable law, we reserve the right to change delivery options without notice.
Technical and/or other problems may postpone, delay or prevent delivery of a particular Product. You should receive any Product(s) that you order within five working days of placing your order. If we anticipate a delay in delivering a Product to you, we will seek to notify you where possible by email of the delay and we will give you the option to continue with your order or request a full refund.
While Australia Post makes every effort to deliver parcels within our delivery timeframe, we cannot guarantee delivery times as these can change for reasons which are beyond our control. We will not be liable for late deliveries or any loss, damage or cost incurred due to late delivery.
NON RECEIPT OF PARCEL DUE TO AUSTRALIA POST ERROR
In the instance where you have not received your order due to a delivery error (this includes parcels that are marked as undeliverable, missing or lost in transit articles, Australia Post sorting issues and disputed deliveries), we will, at your request, contact Australia Post to open an investigation on your behalf. This process involves Australia Post contacting their Parcel Distribution Centre and the driver who was assigned the delivery of your parcel to investigate the situation. If a resolution has not been reached 5 business days after the investigation was opened, we will re-ship your item(s) to you free of charge (where the stock is still available), or refund your order.
Please note this does not apply to orders where the address has been submitted incorrectly at the point of checkout.
CUSTOMS AND IMPORT DUTIES
International orders may be subject to local charges. Any and all customs or import duties are charged once the parcel reaches its destination country and are to be paid for by the recipient. While we endeavour to inform you of any customs or import duties and the value limit at which duty is payable at checkout, we cannot be responsible for reimbursing any additional costs charged on delivery of an order that were not indicated prior to checkout.
Delivery of international parcels may be delayed due to customs clearance issues and where this occurs we are not responsible for any loss or additional costs incurred as a result.
SURVIVAL OF TERMS AND CONDITIONS
MINI CAMPFIRES PHOTO GALLERY
“Mini Campfires / we”) invites you to share your photos by including them on-line at www.minicampfires.com.au,social media and in other electronic or hardcopy materials (collectively “our gallery”).
How to submit photographs to our gallery
If you would like to submit photographs for possible inclusion in our gallery, hash-tag your photos (e.g. of the mini campfire that you’ve bought from us) using #minicampfires or @minicampfires.
Ensure your settings in TikTok, Instagram, Facebook or Twitter make these photos public. We may then display these photos on our gallery, in accordance with these terms and conditions.
Copyright and use of photos
We acknowledge that you retain ownership of copyright in any photo you have taken, but you consent to Mini Campfires and (our third party photo sharing software provider) using and reproducing your photo and likeness (and any names provided) in our gallery.
Your photo may then be stored in our gallery database for as long as we choose to store it. We may, but are not obliged to display/ use/ reproduce or maintain your photo on our websites or in other materials (electronic or hard copy) from time to time and for such duration as we choose. You agree that your photo may be seen by a wide range of people.
If we display or otherwise use your photo we may do so in whole or in part and are not required to identify you, remunerate you or consult you in relation to such use.
We will not use your photo in any defamatory, degrading or offensive way.
Rules about photos
We will only use photos that are “public” on TikTok, Instagram, Facebook or Twitter.
By tagging a photo in the way described above you agree and acknowledge that:
(a) you are/ will be the individual pictured in your photograph or you have the consent of all others individuals depicted;
(b) you are aged 18 years or over or have parental consent to provide photos in the way described in these terms;
(c) your photos must not contain or depict anything vulgar, profane, pornographic, racist, sexist, discriminatory, obscene, defamatory, degrading, unsavoury, illegal, harassing or offensive or that breaches or violates any person’s privacy, intellectual property or other rights; and
(d) you will indemnify us in respect of any loss or damage that we suffer as a result of any breach by you of these terms and conditions.
If you wish to remove one of your photos from our on-line gallery, you may request us to do so by clicking on the (!) icon featured on every image or email your request for removal by emailing email@example.com with a link to the page the image is featured on, also accompanied with a screenshot of the image. We may remove or choose not to post any photographs that you may wish to submit.
These terms and conditions may be changed from time to time. You should ensure that you read the most current version of the terms and conditions each time you submit a photo to our gallery.
- Mini Campfires may update a Member account with a voucher as a consequence of a purchasing behaviour, incentive and/or promotional activities.
- Mini Campfires will notify the Member via email and on their Online Account of their entitlement to any vouchers.
- Vouchers are generally expressed in a monetary form - for example, an AUD $25.00 voucher. However, in no way do vouchers represent legal tender in any country. Vouchers that are issued with a specific monetary value, such as a "$ off" discount, are only redeemable on the Australian online store.
- Vouchers cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments - including (but not limited to) gift vouchers, gift cards, cheques and credit notes. Any eligible refund for product purchased with a loyalty voucher will be made by crediting the member account for that month, no cash, credit card top up or gift voucher will be provided.
- The maximum voucher that can be achieved in one transaction is $50.00
- Vouchers can only be redeemed online.
- If you are awarded a Voucher due to a purchase made by cash or credit card and you then return the purchase, Mini Campfires reserves the right to void the corresponding Voucher. If you make a purchase using a voucher and then return the purchase, the refund amount will only total the legal tender or Gift Card amount in the transaction. The corresponding Voucher is not refundable.
- Please note that certain items and promotions cannot be purchased using vouchers. This will be advertised and/or notified to you by Mini Campfires staff.
- If a Membership is terminated by us for cause, all outstanding and future vouchers will no longer be valid and will be rendered null and void.
- Vouchers are valid for 1 (one) month from date of issue.
- Vouchers cannot be used after the expiry date.
- Only vouchers from one Mini Campfires Account can be presented per transaction.
- Mini Campfires will not be held responsible or liable if vouchers are not able to be redeemed for whatever reason including if there is a Technical Issue unless directly due to Mini Campfires’ negligence.
- Vouchers cannot be redeemed as payment for any part of a lay-by purchase.
- Vouchers cannot be redeemed as part of a Gift Voucher purchase.
- Unless stated otherwise on the voucher, all vouchers expire at midnight on the day specified in the Offers section of the User’s Online Account.
- Vouchers will be issued for activation two weeks after the purchase date. They are redeemable within the time specified on each voucher once activated.
- You will be rewarded with a voucher based on the total daily spend amount, regardless of the number of transactions in that day, within the aforementioned spend limits at Mini Campfires.
- Vouchers are issued on the basis of the amount spent in a single day.
- A Member can only receive a birthday voucher if they have provided their complete date of birth at least four (4) weeks prior to your actual birthday. Each Member will only receive one (1) birthday voucher in any 365 day period.
- Vouchers are not transferrable.