Terms and Conditions
OVERVIEW
This website is operated by You Must Try It Pty Ltd (ABN 83 657 442 389) (YMTI). In these terms, “we”, “our” and “us” refers to YMTI.
Your use of this website is subject to your acceptance of these terms. If you don’t agree to these terms, then you must not use this website or purchase goods via this website.
When you purchase products via this website, you also accept these terms.
Our Shipping and Returns Policy which is available here is incorporated into these terms.
Our Privacy Policy which is available here , is also incorporated into these terms, and you also consent to use of personal information about you in accordance with our Privacy Policy.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – FOR USE BY INDIVIDUALS
This website is for use by individuals, for personal use, and is not for use by dealers, resellers or distributors.
You must be over 18 years of age to purchase products via this website. When you place an order via this website, you represent that you are over 18 years of age.
SECTION 2 - GENERAL CONDITIONS
When you place an order for products via our website, you are making an offer to purchase those products which we may accept or reject. We accept your offer when we notify you that we accept your offer or ships the products to you, whichever comes first. If you order more than one product, we may accept part of your order. If we accept your offer, you must pay for what you order plus any associated shipping costs, taxes and duties.
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right, but are not obligated, to limit the sales of products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.
We reserve the right to cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit, not accept or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Purchases made on our website are subject to return or exchange only according to our Shipping & Returns Policy.
Products may be discontinued.
Products may be improved or change in the future.
SECTION 3 – ACCURACY
The recommendations on this site are provided for general information only and should not be relied upon or used as the sole basis for making decisions. We do not consider your personal circumstances or needs when recommending products.
Our website may not contain all relevant information about the products available on our website.
We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor & display of any colour will be accurate.
Our website may contain historical information. Historical information, necessarily, is not current and is provided for your reference only. We do not warrant that the quality of any products purchased by you will meet your expectations. We use a third party (such as Australia Post) for shipping. Shipping times are estimates only and are not guaranteed.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right to modify the contents of this website at any time. Products may become unavailable or out-of-stock. Prices for products are subject to change without notice. We reserve the right at any time to modify or discontinue the website or any product without notice at any time.
SECTION 5 – EXCLUSIVE PRODUCTS
Certain products may be available exclusively online through this website. These products may have limited quantities.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate information about you for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
You must not impersonate another person when using our website or placing an order. When you provide us with your email address, you consent to us sending you commercial email messages. You may opt out of receiving such emails via the link provided on each such email.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 - THIRD-PARTY LINKS
Certain content on our website may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party & policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of
the website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
We may use another company to collect and post product reviews.
If so, you agree to their terms of service if you post a product review. If you have any complaint about such a product review, you should contact that company before contacting us.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information to us is governed by our Privacy Policy. You understand that information that you provide to us via our website (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information input on our website is always encrypted during transfer.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website that contain unintended typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if
any information on our website is inaccurate at any time without prior notice (including after you have submitted your order).
We do not guarantee, represent or warrant that this website will be available at all times.
SECTION 12 - PROHIBITED USES
You may only use our website for legal purposes. You may not use products that you purchase via our website for any illegal purpose.
You must not transmit any worms or viruses or any code of a destructive nature to our website.
You must not use our website:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our website or any related website for violating these terms.
SECTION 13 – AUSTRALIAN CONSUMER LAW
Our products come with guarantees that cannot be excluded under Australian consumer law. The contractual rights that you may be entitled to under these terms are in addition to these statutory rights. You are entitled to a repair, replacement, or refund for a major failure and compensation for any 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.
SECTION 14 – INTELLECTUAL PROPERTY
We own the copyright in our website. We own the trademarks YOUR MUST TRY IT and YMTI. You have no right or license to use our copyright, trademarks or other intellectual property without our priority written permission. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website without express written permission by us. You agree not to frame or scrape this website.
SECTION 15 - SEVERABILITY
Any provision of these terms which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these terms nor affect the validity or enforceability of that provision in any other jurisdiction.
SECTION 16 - GOVERNING LAW
This website is intended for residents of Australia only.
If you are from outside of Australia and place an order on our website, you agree that Australian law (State of Queensland) applies, and not the law of where you live or place the order.
These terms and, to the extent permitted by law, all related matters including non-contractual matters, is governed by the laws of Queensland, Australia. In relation to such matters each party irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction in Queensland and waives any right to object to the venue on any ground.
SECTION 17 - CHANGES TO TERMS
You can review the most current version of these terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or placing orders
following the posting of any changes to these terms constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions should be sent to us at hello@youmusttryit.com
Last updated on: 12 September 2022