OVERVIEW
This website is operated by Milk Tooth. Throughout the site, the terms “we”, “us” and “our” refer to Milk Tooth. Milk Tooth offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions ("Terms and Conditions", “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools that are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority in your state, territory or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (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 is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Exchange & Refund Policy, found here: https://www.milktooth.com.au/pages/exchange-refund-policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store; however each device and screen will display images and colours differently. We cannot guarantee that your device's display of any image or colour will be perfectly accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse 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. In the event that we make a change to or cancel an order, we may attempt to 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 or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - EXCHANGE & REFUND POLICY
Please review our Exchange & Refund Policy here: https://www.milktooth.com.au/pages/exchange-refund-policy. This forms part of Milk Tooth's Terms and Conditions.
SECTION 8 - SHIPPING
Please review Milk Tooth's detailed Shipping Policy here: https://www.milktooth.com.au/pages/shipping. The Shipping Policy forms part of Milk Tooth's Terms and Conditions.
Milk Tooth reserves the right to charge additional shipping beyond what is stated on this website and charged at checkout should your order be particularly large, bulky or heavy, or if you live in a remote location not serviced by our normal shipping service provider(s). If this applies we will contact you as soon as possible and provide you with the additional costing options. You will then be provided the option to either (a) pay any additional shipping charges; or (b) cancel your order for a full refund of the purchase price and any shipping charges already paid, less any non-refundable transaction costs we have incurred.
International customers are responsible for their own local duties and taxes. All international orders will be sent without insurance and in some cases without tracking. You acknowledge and agree to this and agree Milk Tooth is not responsible for refunding or replacing items if an international order goes missing.
An Authority to Leave is an authorisation for our courier or delivery agent to leave a parcel at your shipping address without first obtaining your signature. You are providing an Authority to Leave when you use the words "Authority to leave", "Leave the parcel", "Leave in my absence", "Leave in safe place", "Put the parcel in a safe place if not home", "Safe drop", or some other variation on or combination of those words via an Order Note in your Cart or at Checkout, phone, text message, online form, email, and/or courier/Australia Post redelivery/calling card.
If you add your Authority to Leave to your order, you hereby authorise us and our nominated delivery agent to arrange for your parcel to be delivered to and left at your shipping address without your signature being obtained. If you select to add an Authority to Leave to your parcel, you acknowledge and agree that confirmation of delivery by the delivery driver (engaged directly or indirectly by Milk Tooth) will be sufficient to satisfy proof of delivery.
To the extent permissible by law, Milk Tooth disclaims all warranties and liabilities in relation to the delivery of the parcel. Unless otherwise required by law, we will not replace or refund items which you do not receive if being delivered with an Authority to Leave.
When providing your Authority to Leave, you acknowledge and agree that the delivery driver maintains the right to only leave the parcel at your shipping address if they deem the property safe to do so.
SECTION 9 - CURRENCY
Milk Tooth transacts with its customers in Australian dollars (AUD) only. All orders and shipping fees will be charged in AUD.
Currency conversions are provided for your convenience on the Milk Tooth website. Milk Tooth does not warrant the reliability of these conversions. You are responsible for verifying any currency conversions prior to relying on them and/or making any purchases through the Milk Tooth website.
SECTION 10 - 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).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 11 - MILK TOOTH REWARDS POINTS
Milk Tooth no longer offers a rewards program.
We reserve the right to cancel or revoke Milk Tooth rewards points accrued to any individual customer at any time and for any reason.
Decisions on the allocation of Milk Tooth rewards points to individual customers are at our absolute discretion.
Discount codes generated by redeeming rewards points cannot be used in conjunction with any other discount codes, nor can they be used to offset the cost of postage or shipping.
SECTION 12 - DISCOUNT CODES
We reserve the right to cancel or revoke any and all discount codes at any time and for any reason.
Certain products may be ineligible for discounts at certain times.
Discount codes can only be used individually. Customers cannot apply two or more discount codes to one transaction.
Discount codes cannot be used to offset the cost of postage or shipping.
SECTION 13 - PRE-ORDERS
On occasion, we may offer for purchase items that are not yet in our possession; these are known as pre-orders. Pre-orders can be identified by the word PRE-ORDER in the title of the product listing and a paragraph estimating the arrival date of the stock to Milk Tooth at the top of the product listing.
If you purchase a pre-order, you acknowledge you are doing so with full knowledge that your order will not be sent to you until we receive the product(s) to our store. You acknowledge also that the arrival date stated in the pre-order product listing is an estimate only and this estimate may turn out to be inaccurate through reasons out of our control.
If we receive our pre-order stock later than we had estimated in the product listing, this is out of our control and we are unable to cancel or refund orders for change of mind in such a situation, unless at our discretion.
On rare occasions and for reasons outside of our control, we may be unable to source pre-order stock and fulfill your pre-order. In such a case, we will notify you as soon as we are aware of the issue and offer you a substitute item and/or a full refund.
SECTION 14 - GIFT CARDS
Milk Tooth may from time to time make Gift Cards available for purchase as a product through the website.
We do not charge a processing fee to purchase a gift card. Gift Cards expire 36 months (three years) after the date they are purchased and may not be used after that time. Gift Cards may not be redeemed for cash. Gift Cards may be used more than one time, providing a balance remains on the card. You may use more than one Gift Card per transaction. You may use a discount code when redeeming a Gift Card. The value of a Gift Card is applied against your final order total, including any shipping charges. It is not possible to purchase Gift Cards at a discount.
SECTION 15 - PAYMENT GATEWAYS
We provide you a choice of payment gateways at checkout, including Afterpay, PayPal, and Stripe provided by Shopify. The terms of service of the payment gateway(s) you choose to use also apply at checkout and can be found on the website of each payment gateway.
We also provide you the option of paying via Bank Deposit. If you select this as your payment method during checkout, please immediately transfer the total cost of your order as shown on this screen to:
Account name: K R Vaughn T/as Milk Tooth
BSB: 313140
Account number: 12068696
Bank: Bank Australia
Reference: [Your Order # as shown on this screen]
Double-check the details before confirming your transfer. We ask that you email us at sales@milktooth.com.au to let us know you have made your transfer. We will send your order as soon as we can see that the funds have come into our bank account. If you do not perform a bank deposit for the full amount of your order within three days, we will cancel your order.
SECTION 16 - THIRD-PARTY LINKS
Certain content, products and services available via our Service 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's 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 17 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries, product reviews or photos) 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 and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) 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, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
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 libelous 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 Service or any related 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.
SECTION 18 - LAY-BY
Milk Tooth offers a Lay-By payment option that allows you to pay off orders that total $120.00 or more via bank transfer through a deposit plus a series of installments paid over four months, after which your order will be shipped.
To request a Lay-By, you must be placing an order of at least $120.00 and select "Lay-By" as your payment method during checkout. If you select Lay-By as your payment method for an order that totals less than $120.00, payment in full will be due via bank transfer within two business days and if not paid within this timeframe your order will be cancelled.
We will send you both an Order Confirmation Email and a Lay-By Instructions Email. Please allow up to three business days for the Lay-By Instructions Email to be sent to you.
The Lay-By Instructions Email will provide you with our bank account details and request you to pay a deposit of 20% of your total Lay-By amount within two business days to secure the stock in your order.
You will then have four months from the date of your order (your Lay-By Due Date) to pay the remaining 80% of the Lay-By. You can pay this in as many or few installments as you wish. Please email us with your order number and installment amount every time you pay an installment so we can confirm its receipt into our account.
As soon as you've paid your final installment, please email us with your order number at sales@milktooth.com.au to let us know. We will reconcile your payments and confirm your Lay-By has been paid in full, then will immediately ship your order to you.
Your total Lay-By amount includes the shipping fee applicable to your order, if any.
If you do not pay the 20% deposit on your Lay-By within two business days of the date of your Lay-By Instructions Email, Milk Tooth will cancel your Lay-By and the items in your order will no longer be held for you. You will then be sent an Order Cancellation Email. We will not remind you to pay the deposit before cancelling your Lay-By.
If you fail to pay the remaining 80% of the balance of your Lay-By before your Lay-By Due Date, Milk Tooth will cancel your Lay-By, refund any deposit and installments you've already paid less a Lay-By Termination Fee, and the items in your order will no longer be held for you. You will then be sent an Order Cancellation Email. The Lay-By Termination Fee is 20% of the total Lay-By amount.
It is your responsibility to ensure you have paid your Lay-By in full before its due date. Milk Tooth will not send you a reminder as your Lay-By Due Date approaches or after your Lay-By Due Date has passed. Instead, your Lay-By will automatically be cancelled and the Lay-By Termination Fee charged as described above.
Milk Tooth does not accept returns or exchanges due to change of mind for items purchased via Lay-By.
If you wish to cancel your Lay-By at any time before it is paid off in full, we will refund any deposit and/or installments paid by you, less the Lay-By Termination Fee.
The price(s) of the item(s) included in your Lay-By at the time of purchase are final. No further discounts or price adjustments can or will be made, regardless of future sales or discounts becoming available.
Payment must be made in full before items will be shipped. A Lay-By order will only be shipped as a whole once the entire Lay-By is paid off in full. Milk Tooth will not ship partial orders even if your installments are sufficient to cover some of the items in full.
Milk Tooth is unable to make changes to an existing Lay-By. We cannot change, replace, remove, or add items from or to a Lay-By.
SECTION 19 - PERSONAL INFORMATION AND PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy, found here: https://www.milktooth.com.au/pages/privacy-policy.
SECTION 20 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 21 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state or territory regulations, rules, laws, or local ordinances; (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 Service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 22 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Milk Tooth, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 23 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Milk Tooth and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 24 - SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 25 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 26 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 27 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Australia.
SECTION 28 - CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page (https://www.milktooth.com.au/pages/terms-conditions).
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 29 - CONTACT INFORMATION
Questions about these Terms and Conditions should be sent to us at sales@milktooth.com.au.
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