Terms of service

TERMS AND CONDITIONS

OVERVIEW

This website is operated by Micicca. Throughout the site, the terms “we”, “us”, and “our” refer to Micicca. We offer this website, including all information, tools, and services available to you, conditioned upon your acceptance of these Terms of Service.

By visiting our site or purchasing from us, you engage in our Service and agree to be bound by these Terms. These apply to all users, including browsers, customers, and contributors.

Please read these Terms carefully before using our website. If you disagree with any part, you may not access the site or use our Services.

We reserve the right to update these Terms at any time. Your continued use after changes constitutes acceptance.

Our store is hosted on Shopify, which provides the e-commerce platform for our products.

By accessing or using this website operated by Micicca, you agree to comply with and be bound by these Terms of Service. If you do not agree to these Terms, you may not use the Site or purchase products from us.

 

1 – ONLINE STORE TERMS

1. Eligibility

  • You represent that you are at least the age of majority in your state or province of residence (or that you have consent from a legal guardian if you are a minor).

  • You may not use our products for any illegal, fraudulent, or unauthorized purpose, including violating intellectual property laws, export/import restrictions, or other applicable regulations.

2. Prohibited Conduct     

You agree not to: 

  • Use the Site for any unlawful purpose or in violation of local, state, national, or international laws.

  • Transmit viruses, malware, or any code of a destructive nature.

  • Attempt to gain unauthorized access to our systems or interfere with the Site’s security.

3. Account Responsibility

  • If you create an account, you are responsible for maintaining its confidentiality and all activities under it.

  • We reserve the right to terminate accounts suspected of fraudulent or abusive behaviour.

4. Termination

  • Any breach of these Terms may result in immediate suspension or termination of your access to the Site and Services without notice.

2 – GENERAL CONDITIONS OF US

By using the Micicca website and services, you acknowledge and agree to the following conditions:

1. Service Availability & Modifications

  • We strive to keep our online store operational, but we do not guarantee uninterrupted, secure, or error-free access.

  • Scheduled maintenance, technical issues, or unforeseen circumstances may temporarily disrupt service.

  • We reserve the right to modify, suspend, or discontinue any part of the Site (including promotions, products, or features) at any time without prior notice.

2. User Responsibilities

  • You agree to use the Site only for lawful purposes and in compliance with all applicable laws.

  • Any fraudulent, abusive, or unauthorized activity may result in account termination and legal action.

  • You must not interfere with the Site’s functionality, including bypassing security measures or overloading our systems.

3. Content Ownership & Restrictions

  • All content on the Site (logos, text, images, graphics, etc.) is owned by Micicca or its licensors and is protected by copyright and trademark laws.

  • You may not reproduce, distribute, or commercially exploit any part of the Site without our express written permission.

  • User-generated content (e.g., reviews, comments) must not infringe on third-party rights or contain harmful, offensive, or misleading material.

4. Data Transmission

  • While we implement industry-standard security measures, you acknowledge that data transmission over the internet is never 100% secure.

  • Credit card transactions are encrypted, but non-sensitive information (e.g., product inquiries) may travel over unsecured networks.

5. Headings & Interpretation

  • Section headings in these Terms are for convenience only and do not affect their legal meaning.

3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

At Micicca, we strive to provide accurate and up-to-date information about our products and services. However, please be aware of the following important considerations:

1. Product Descriptions & Pricing

  • While we make every effort to ensure the accuracy of product details (including descriptions, colours, materials, dimensions, and pricing), we cannot guarantee that all information is entirely error-free.

  • Product colours may appear slightly different on your device due to variations in screen displays and settings.

  • Prices are subject to change without prior notice, and we reserve the right to correct any pricing errors that may occur (even after an order has been placed).

2. General Information Only

  • The content on our website is provided for general informational purposes only and should not be your sole basis for making purchasing decisions.

  • We recommend contacting us directly if you require specific details about a product before making a purchase.

3. Historical Information

  • Some content on our site may be kept for historical reference, but such information is not current and should not be relied upon as accurate or up-to-date.

4. Our Right to Modify Content

  • We reserve the right (but are not obligated) to update, modify, or remove any content on our website at any time.

  • There may be delays between when changes occur and when they are reflected on our site.

5. Your Responsibility

  • It is your responsibility to verify any critical information (such as product specifications or availability) before placing an order.

  • We encourage you to periodically review our website for the most current information.

6. Errors & Corrections

In the event we discover an error in product information, we may:

  • Correct the error and update our website

4 – PRICING & SERVICE MODIFICATIONS

Price Changes:

  • Product prices may adjust without notice due to market conditions, promotions, or errors.
  • We honor the price at the time of order confirmation unless an obvious pricing mistake occurred.

Service Changes:

  • Micicca may modify, pause, or discontinue products, services, or features at any time.
  • Temporary outages (e.g., maintenance) may occur without liability.

Discounts / Promotion

  • Limited-time offers are subject to terms stated during the promotion.
  • We reserve the right to revoke discounts for misuse or technical errors.

5 – PRODUCTS & SERVICES

1. Product Availability

  • All items on Micicca’s website are subject to availability.

  • Limited-edition or sale products may sell out quickly and cannot be guaranteed.

  • We reserve the right to discontinue any product without notice.

2. Product Variations

  • Colours, fabrics, and sizing may vary slightly due to manufacturing differences or screen display settings.

  • Please refer to detailed size charts and product descriptions before purchasing.

3. Order Limitations

  • To ensure fair access for all customers, Micicca may limit quantities purchased per order.

  • We may refuse or cancel orders suspected of resale or bulk purchasing.

4. Custom or Special Orders

  • Custom requests (e.g., alterations, special sizing) are subject to additional fees and timelines.

  • Contact customer service before placing custom orders.

5. Quality Assurance

  • Each Micicca product is carefully inspected before shipping.

  • If you receive a defective or incorrect item, refer to our Return Policy for resolution.

6 – BILLING & ACCOUNT INFORMATION

1. Order Acceptance

  • All orders are subject to availability and acceptance by Micicca.

  • We reserve the right to refuse or cancel any order for any reason, including suspected fraud, pricing errors, or violation of these Terms.

2. Account Accuracy

  • You must provide current, complete and accurate purchase and account information.

  • Update your details (email, address, payment methods) promptly if changes occur.

3. Payment Methods

  • We accept major credit/debit cards and other payment methods displayed at checkout.

  • By submitting payment, you confirm you are authorised to use the chosen method.

4. Order Verification

  • For security purposes, we may request additional verification before processing certain orders.

  • Orders may be delayed or cancelled if we cannot verify your information.

5. Pricing Errors

If a product is listed at an incorrect price due to error, we may:

  • Contact you for instructions
  • Cancel the order and refund any payments
  • Honour the incorrect price (at our discretion)

6. Order Confirmation

  • You will receive an order confirmation email once payment is processed.

  • This constitutes acceptance of your order, but does not guarantee availability.

7 – THIRD-PARTY TOOLS

1. External Services

  • Micicca may provide access to third-party tools (e.g., sizing calculators, payment gateways) which we neither control nor endorse.

2. Use at Your Own Risk

  • These tools are provided "as is" without warranties of any kind.

  • We are not liable for issues arising from your use of third-party tools.

3. Tool Providers' Terms

  • Your use of any third-party tool is also governed by that provider's terms and privacy policy.

8 – THIRD-PARTY LINKS & CONTENT

1. External Links

  • Our website may contain links to third-party websites not operated by Micicca.

  • These links are provided for convenience only and do not imply endorsement.

2. No Responsibility for External Content

We do not monitor or control third-party content and are not responsible for:

  • The accuracy, legality or quality of external materials
  • Any products/services offered by third parties
  • Damages or losses from transactions with third parties

3. User Discretion Advised

  • When accessing external links, you do so at your own risk.

  • We recommend reviewing the third party's terms and policies before engaging.

4. Third-Party Services

  • Some website features may integrate third-party services (e.g., payment processors, social media).

  • These services have their own terms that govern your use.

5. User-Generated Content

  • Micicca is not responsible for content posted by users (e.g., reviews, comments).

  • We may remove inappropriate content but have no obligation to monitor all submissions.

9 – USER COMMENTS & SUBMISSIONS

1. Submission Policy 

By submitting content (reviews, photos, suggestions), you grant Micicca:

  • A perpetual, royalty-free license to use, modify and publish the content
  • The right to use your name in connection with the content

2. Content Requirements

Submissions must not:

  • Contain false or misleading information
  • Infringe on intellectual property rights
  • Be defamatory, obscene or unlawful
  • Include confidential information

3. Moderation Rights

We reserve the right to:

  • Edit, reject or remove any submissions

  • Terminate posting privileges for violations

4. No Compensation

  • You acknowledge submissions are voluntary and non-confidential.

  • Micicca is not obligated to pay for or respond to submissions.

10 – PRIVACY & DATA PROTECTION

1. Personal Information Handling

  • Your use of Micicca's services is governed by our Privacy Policy, which outlines how we collect, use and protect your personal data.

  • By using our site, you consent to our data practices as described in the Privacy Policy.

2. Data Security Measures

  • We implement appropriate technical and organisational measures to protect your information.

  • However, no internet transmission is 100% secure - you provide data at your own risk.

3. International Data Transfers

  • As we operate globally, your data may be processed outside Australia.

  • We ensure any international transfers maintain adequate protection standards.

4. Your Rights

  • You may request access to or correction of your personal information.

  • You can opt-out of marketing communications at any time.

5. Children's Privacy

  • We do not knowingly collect data from children under 16 without parental consent.

  • If we discover such collection, we will take steps to delete the information.

11 – ERRORS & OMISSIONS

1. Information Accuracy

  • Occasional errors may occur in product information, pricing or availability.

  • We reserve the right to correct any errors, inaccuracies or omissions.

2. Order Adjustments

If we identify an error affecting your order, we may:

  • Cancel the order and issue a full refund
  • Honour the original terms (at our discretion)
  • Contact you to discuss options

3. No Obligation to Update

  • We are not required to update information on our site, except as required by law.

  • The absence of a "last updated" date does not indicate all information is current.

12 – PROHIBITED ACTIVITIES

1. Unlawful Use

You must not use Micicca's website or services for any illegal purpose, including:

  • Violating any Australian or international laws

  • Infringing intellectual property rights

  • Engaging in fraudulent activities

2. Security Violations

Prohibited actions include:

  • Attempting unauthorised access to our systems

  • Introducing malware, viruses or harmful code

  • Overloading our infrastructure (e.g., DDoS attacks)

  • Bypassing security measures

3. Commercial Restrictions

You may not:

  • Resell or commercially exploit our content

  • Use scraping, crawling or data mining tools

  • Copy product information for competitive purposes

4. Ethical Standards

You agree not to:

  • Harass, threaten or discriminate against others

  • Post false or defamatory content

  • Impersonate Micicca staff or other users

  • Violate community standards

5. Consequences

Violations may result in:

  • Immediate account termination

  • Legal action

  • Reporting to authorities where required

13 – DISCLAIMERS & LIMITATIONS

1. Service Availability

  • Micicca provides services "as is" and "as available"

  • We don't guarantee uninterrupted or error-free operation

  • Scheduled maintenance may cause temporary downtime

2. Product Use

  • Products are designed for normal consumer use

  • We're not liable for:

    • Improper use or care of products

    • Individual reactions to materials (check product details)

    • Modifications made after purchase

3. Limitation of Liability

To the extent permitted by Australian Consumer Law:

  • Our maximum liability is limited to the purchase price

  • We exclude liability for indirect/consequential losses

  • This doesn't affect your statutory rights

4. Consumer Guarantees

  • Our products come with guarantees under Australian Consumer Law

  • These can't be excluded for major failures

14 – INDEMNIFICATION

1. User Responsibility

You agree to defend and indemnify Micicca against any:

  • Claims arising from your breach of these Terms

  • Unauthorised use of our website or services

  • Violation of any laws or third-party rights

2. Scope of Coverage

This includes liability for:

  • Legal costs and attorney fees

  • Damages awarded against us

  • Settlement amounts

  • Investigative expenses

3. Cooperation Required

You must:

  • Provide reasonable assistance in our defence

  • Not settle any claim without our written consent

  • Allow us to control the defence strategy

4. Ongoing Obligations

These indemnification obligations:

  • Continue after these Terms expire

  • Apply to your heirs and successors

  • Are not limited by insurance coverage

15 – SEVERABILITY

1. Partial Invalidity

If any part of these Terms is found to be:

  • Unlawful

  • Unenforceable

  • Contrary to public policy

The remaining provisions shall continue in full force.

2. Modification Option

We may replace invalid clauses with:

  • Legally compliant alternatives

  • Provisions that maintain our original intent

  • Revised wording approved by courts

3. No Waiver of Rights

Our failure to enforce any provision does not:

  • Constitute a permanent waiver

  • Prevent future enforcement

  • Affect other rights under these Terms

16 – TERMINATION OF SERVICE

1. Your Termination Rights

You may discontinue using Micicca's services at any time by:

  • Ceasing use of our website

  • Closing your account (where applicable)

  • Notifying us in writing

2. Our Termination Rights

Micicca reserves the right to:

  • Suspend or terminate access immediately if we suspect:

    • Violations of these Terms

    • Fraudulent activity

    • Security threats

  • Discontinue service with 30 days' notice for business reasons

3. Effect of Termination

Upon termination:

  • Your right to use our services ceases immediately

  • Outstanding balances become immediately due

  • We may retain transaction records as required by law

4. Survival of Terms

The following provisions remain effective after termination:

  • Intellectual property rights

  • Limitation of liability

  • Indemnification obligations

  • Any other clauses intended to survive

17 – ENTIRE AGREEMENT

1. Comprehensive Terms

These Terms constitute the entire agreement between you and Micicca regarding:

  • Website use

  • Product purchases

  • Service engagement

2. Superseding Effect

They replace all prior:

  • Agreements

  • Understandings

  • Representations (written or oral)

3. Written Modifications

Any changes must be:

  • In writing

  • Signed by authorised Micicca representatives

  • Explicitly stated as amendments

4. Interpretation Rules

  • Headings are for reference only

  • No strict construction against the drafter

  • Australian English definitions apply

18 – GOVERNING LAW & DISPUTE RESOLUTION

1. Applicable Law

These Terms and any disputes shall be governed by:

  • The laws of New South Wales, Australia

  • The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010)

  • Other applicable federal laws of Australia

2. Jurisdiction

Both parties submit to the:

  • Non-exclusive jurisdiction of NSW courts

  • Australian Consumer Law small claims tribunal (where eligible)

3. Dispute Resolution Process

Before commencing legal action, you agree to:

   1. Notify us in writing of the dispute

   2. Participate in good faith mediation ( costs shared equally )

   3. Allow 60 days for resolution attempts

4. Class Action Waiver

You waive any right to:

  • Participate in class actions

  • Act as a private attorney general

  • Consolidate claims with others

19 – CHANGES TO TERMS

1. Modification Rights

Micicca may update these Terms:

  • To reflect legal/regulatory changes

  • For operational requirements

  • To improve clarity or fairness

2. Notification Method

We will notify you of changes via:

  • Website banners or pop-ups

  • Account notifications (where applicable)

  • Email (for substantial changes)

3. Effective Date

Changes become effective:

  • Immediately for new users

  • 14 days after posting for existing users (except urgent legal changes)

4. Continued Use as Acceptance

Your ongoing use after changes constitutes:

  • Acknowledgment of the modified Terms

  • Binding acceptance of all amendments

20 – CONTACT DETAILS

1. Official Communications

All notices should be sent to:
Micicca Pty Ltd
Email: support@micicca.com