Terms & Conditions
The website https://missamara.com.au (the "Website") is owned and operated by Miss Amara Pty Ltd (ABN 52 600 106 670) (t/as and referred as Miss Amara, "we", "our", "us" or the "Company").
These Terms and Conditions together with the documents referred to within the Terms and Conditions govern the supply of any Product ordered by you on the Website. By ordering a Product, you agree to be legally bound by these Terms and Conditions.
Access and Use of the Site:
1. You must only use the Website in accordance with these Terms and Conditions and any applicable law.
2. You must not (or attempt to):
a. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Website or the servers or networks that host the Website;
b. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
c. interfere (or attempt to interfere) with security-related or other features of the Website.
3. To place Orders and access some features of the Website, you may need to register an Account with us. To register an Account, you must:
a. give us accurate and current personal information including your name, address, phone number, and a valid email address.
b. you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
4. You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
5. You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
6. We do not warrant that the Website 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 Website.
Information on this Website:
1. The Website and the content on the Website are subject to copyright, trade marks and other intellectual property rights.
2. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with our prior written consent.
3. Information about goods on the Website is based on material provided by third party merchants, suppliers and Product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
4. Due to photographic and screen limitations associated with the representation of Products, some actual Products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of Products are created or chosen by us for promotional purposes, and may not be an exact representation of the Products received.
Registration, Order and Cancellation:
1. When making an order, you must possess a valid credit or debit card. To place an order, you should follow the given instructions.
2. Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told (on the Website) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Website, all charges are in the currency then in force in Australia.
3. You must pay for the Product in full when placing an order by one of the payment methods we provide on the Website. In any event, we shall not be bound to accept the order before we have received the funds in full.
4. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
5. When you submit an order to the Website, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your order.
6. Your order remains valid as an offer until we issue our Confirmation of your order. We shall not be obliged to supply the Product to you until we have accepted your order. We will send you a Confirmation with your order reference number and details of the Product you have ordered. Miss Amara reserves the right to decline any order, for any reason (e.g., unavailability of supplies, unusually high freight charges). In this case, we will promptly grant you a store credit or a full refund.
7. Miss Amara works to ensure that prices shown on the Website are accurate. In the unlikely event that the price of your order changes or has been displayed incorrectly before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
8. If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact Customer service at [email protected] However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
9. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. We will notify you if we are unable to If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
1. We aim to dispatch the Product to you within the estimated dispatch timeframe. You can find the estimated dispatch time on the Free Delivery page. We shall aim to notify you if we are unable to meet our estimated dispatch timeframe, but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late dispatch or delivery. Please check our Returns Page https://missamara.com.au/pages/returns for further details.
2. Items will be delivered to the address you provided while placing an order. Items cannot be delivered to a PO Box address.
3. If, for any reason, our shipping partner cannot reach you at the agreed delivery time, we will provide you with the instructions to re-arrange the delivery.
4. Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage).
5. Alternatively, if you indicate that you would like to give us the authority to leave the Products at your delivery address in your absence, we will not be liable for any loss or damage to the Products if the Products are recorded as delivered by our shipping partners.
Change of Mind
1. We want you to feel confident when buying on missamara.com.au. Should you change your mind about a purchase you have made with us, you have the option of returning the Product within 30 days of having received it and can opt for an exchange or a refund. We will require the Product to be unused and in its original condition and packaging for these returns. We reserve the right to reject any returns that do not meet these requirements.
2. Prior to returning your product, please refer to the Returns Page https://missamara.com.au/pages/returns. If you have further questions, you can send an email to [email protected]. Our team will provide you with all relevant guidelines to proceed with the return (e.g. shipping process).
3. You may also be required to fill in or print out a return form provided by us in order to proceed with the return process. Once we receive the items, we will fully refund you the amount you paid for the product.
Damaged or Faulty Returns:
1. You need to notify Miss Amara as soon as possible in the unlikely event that your item arrives damaged or faulty. Please send an email to [email protected] (after which one of our team will contact you), or message us via the chat icon on the website.
2. In order to assist the return process, you may be required to fill in a return form or to send us images of the damage for preliminary assessment. Please do not attempt to return the items before speaking to one of our team.
3. If after the preliminary assessment our specialists assess and approve the return, our Customer Care Team will contact you to proceed with the return process. Depending on if it is minor or major defect, Miss Amara will arrange a replacement or give you a store credit or rebate of part or all of the Product price.
4. If after the preliminary assessment our team decide that the Product needs to be sent back for further examination to ascertain if there is a defect with the Product, our Customer Care Team will contact you to arrange the return of the Product. You will not be charged for freight or shipping. We will arrange the pickup of the items from you. If the Product is found not to have a defect, you may be required to pay the transport or inspection costs. An estimate of these costs will be provided to you before the Product is collected.
5. It does not constitute a defect, if in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
Promotional Vouchers and Gift Vouchers:
1. You may use promotional vouchers and gift vouchers as payment for certain Products on the Website.
2. For all promotional vouchers and gift vouchers, the following general terms and conditions will apply:
a. We may email gift and promotional vouchers to you. We accept no Liability for errors in the email address of the voucher recipient;
b. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift or promotional voucher purchase or redemption of that voucher on the Website, we are entitled to close your Account and/or require a different means of payment.
c. We assume no Liability for the loss, theft or illegibility of gift or promotional vouchers.
Conditions for the Redemption of Promotional Vouchers:
1. From time to time we may release promotional vouchers that may be used on the Website. Promotional vouchers can only be redeemed on the Website in accordance with the special terms and conditions stated on them.
2. Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other offers (including, for the avoidance of doubt, sales, promotions and other vouchers). Individual brands may be excluded from voucher promotions.
3. If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
4. The credit of a promotional voucher does not accrue interest nor does it have a cash value.
5. If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer). Please note that only one promotional voucher can be used per order.
Credit Card Fraud, Protection and Prevention:
1. When you place an order on Miss Amara, using one of the payment methods we offer on the Website, you may be sent an email from our Fraud Team requesting further information to confirm the identity of the card holder, such as a copy of your credit card and driver licence. This is to ensure a safe and reliable shopping experience and to protect you against fraud.
2. When Miss Amara requests further information to confirm the identity of the cardholder, your order will be placed in pending status and will remain pending until your order has passed our Fraud Team's internal checks. If you do not provide the required information, your order will be cancelled and your payment will be refunded back to the original payment method. These information requests are sent to help protect payment method account holders from online fraud.
Specials & Promotions:
1. October 2017 3rd Birthday promotion can not be used in conjuction with any other promotion or trade discount. Is only applicable for the month October 2017 (until 11.59pm AEST on 31st October 2017). Cannot be used to obtain a discount for a prior purchase (through a return & re-order).
Show Us Your Styling (Game of Skill)
Instructions, prizes and information on how to enter form part of these Terms and Conditions. By entering, entrants accept these Terms and Conditions.
The Promoter is Miss Amara Pty, Ltd (ABN: 52 600 106 670), Suite 1D Level 23 Governor Phillip Tower, 1 Farrer Place Sydney NSW 2000 Australia.
This promotional period begins at 23:00 AEST on Sunday 22nd October, 2017 and concludes 23:00 30th November, 2017. (“Promotional Period”).
Entries are open to individuals who complete the entry criteria during the Promotion Period. Employees (and their immediate families) of the Promoter and third parties associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
Entrants must be over 18 years old.
To be eligible to enter, individuals must, during the Promotion Period:
Take a picture of the rug they purchased from missamara.com.au styled in their home or workplace.
Post the picture on their public Instagram account OR direct message the picture to the @missamaraloves Instagram profile OR email picture to [email protected] with hashtag #missamaraloves in the subject
Tag the @missamaraloves Instagram profile in their Instagram post” and include“#missamaraloves” in the comment.
Be following @missamaraloves on Instagram.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Incomplete, indecipherable or illegible entries will be deemed invalid.
Multiple entries in the one Promotional Period are permitted. Entrants may enter the Promotion in more than one Promotional Periods.
The winner of the Promotion during each Promotional Period shall be judged by the Promoter to have the most stylish room featured in an Instagram post. The Promotion is a game of skill.
The judging will take place at 2:00pm AEST on Friday 1st December, 2017. The winners will be notified directly via Instagram or email and announced on Instagram & Facebook. Prizes are to be redeemed within 60 days. The Promoter’s decision is final and no correspondence will be entered into.
The winner as judged by the Promoter will the prize. The winner will choose from two prizes:
Either a AU$500 voucher to be used within 60 days for the purchase of a rug at missamara.com.au
OR a full refund for the rug they styled in the winning picture.
Total prize pool is valued at up to AU$500 OR the value of the rug (at the time of purchase) featured in the winning picture. The prize is not transferable or exchangeable. The prize does not include any associated costs. All additional costs are at the winner’s expense.
By entering the Promotion, entrants & the winner consent to the Promoter using submitted entries on the Promoter’s website, social media profiles (including but not limited to Facebook, Instagram, Twitter & Houzz), print / publications, marketing materials & advertising. Entrants & the winner also consent to the Promoter using their first name & link to their social media profile in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non- Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize / attendance at the prize event.
The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
The laws of New South Wales apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New South Wales.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram
Definition and Interpretation:
1. In these Terms and Conditions:
Account means the account that you register in order to submit an Order;
Acknowledgement means our confirmation of your Order (typically sent by email);
Breach of Duty means the breach of any
a. obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
b. common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
Business Day means any day other than a Saturday, Sunday, bank holiday or public holiday in New South Wales;
Company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors;
Customer means the individual who places an Order on the Website;
GST means the Goods and Services Tax;
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract)
Order means the order submitted by you to the Website to purchase products from us.
Product(s) means the products to be sold to Customers via the Website in accordance with this agreement;
You means the Customer who places an Order.
a. Headings are for ease of reference only and shall not affect the interpretation or construction of this Agreement.
b. Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
c. Words denoting persons includes natural persons, partnerships, limited Liability partnerships, bodies corporate and unincorporated associations of persons.
d. References to includes or including or like words or expressions shall mean without limitation.
These Terms and Conditions were last updated on 04 January 2017.