Milette Asian Store – WEBSITE TERMS OF USE
Welcome to our website. This website is owned and operated by Milette Asian Store, its successors and assignees (we, our or us). It is available at https://miletteasianstore.com (Site) and may be available through other addresses or channels.
These Terms of Use (Terms) govern you, the person, organisation or entity that accesses and/or uses our Site (referred to as you or your) and form a contract between you and us if you access our Site. Please read these Terms carefully. If you have any questions, please contact us using the contact details below. Your use of the Site indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms. You should immediately cease accessing and using this Site if you do not accept these Terms.

  1. Information: The Information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
  2. Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you agree and will comply with the new Terms.
  3. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract and that you have read and understood these Terms, before using the Site.
  4. Licence to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
  5. Prohibited conduct: You must not:
    (a) Use the Site for any activities, or post or transmit any material from the Site:
     unless you hold all necessary rights, licences and consents to do so;
     that infringes the intellectual property or other rights of any person;
     that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
     that defames, harasses, threatens, menaces, offends or restricts any person;
     that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
     that would bring us, or the Site, into disrepute;
    (b) Interfere with or inhibit any user from using the Site;
    (c) Use the Site to send unsolicited email messages;
    (d) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
    (e) Facilitate or assist a third party to do any of the above acts.
  6. Copyright and intellectual property rights: Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, products, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.
    You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
    You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:
    (a) altering or modifying any of the code or the material on the Site;
    (b) causing any of the material on the Site to be framed or embedded in another website;
    (c) creating derivative works from the content of the Site; or
    (d) using the Site for commercial purposes.
  7. Privacy: We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to accept our Privacy Policy.
  8. Your content: If you choose to add any content on the Site, you:
    (a) warrant to us that you have all necessary rights to post the content;
    (b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
    (c) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
  9. Third-party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
  10. Third party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
  11. Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
  12. Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and disruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
  13. Limitation of liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site. Our maximum aggregate liability for any product supplied to you shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
    To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
  14. Returns: Best Before Boxes’ are non-returnable and non-refundable. If you change your mind about a purchase or make an incorrect choice, we will provide you with a store credit within seven days of delivery for unopened products. This does not include opened products except, of course, where a defect has been discovered upon opening the product.
  15. Disclaimer: The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
    While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
    (a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
    (b) Third Party Information; or
    (c) Third Party Sites.
    You read, use, and act on Information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
  16. Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
    (a) your use of or access to the Site;
    (b) any breach by you of these Terms; or
    (c) any wilful, unlawful or negligent act or omission by you.
    This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
  17. Credit card fraud: Indeed Milette Asian Store uses the latest Secure (SSL Certificate) technology and software for its transactions with our customers. Milette Asian Store will not be responsible for any damages consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
  18. Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
  19. Exclusion of competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.
  20. Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
  21. Warranty: If you believe that a Milette Asian Store product has an unsatisfactory defect, please provide us with a digital image and contact us for assistance. We will then determine whether to make a refund or provide a replacement. Indeed Milette Asian Store encourages the notification of claims under this warranty within seven days. We offer to pay for the return of a product, where a claim is notified within that time frame, and we determine that the product is indeed defective. All other cases will be considered on their merit.
  22. Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
  23. Data: When placing your order, you agree that we can store, process and use data collected from the Order Form. If you indicate this on the appropriate section of the Form. You also permit us to use such data, other than credit card details, to provide you with information from time to time on other Milette Asian Store Products that may be of interest to you. Suppose you do not agree to our using such data to provide you with information on other Milette Asian Store Products. In that case, you should indicate your non-agreement on the appropriate section of the Order Form. You can obtain a copy of our data concerning you on request in writing. We reserve the right to charge an administration fee for processing such a request. If any data in our possession worries you or is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.
  24. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
  25. Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
  26. Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of Qld and the Commonwealth of Australia. These Terms are governed by the laws of Qld and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in QLD. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
  27. Shop Terms: These Terms and Conditions, together with your order, constitute the entire Contract between us for the supply of Products and you. The Contract can only be varied in writing.
  28. Australian Sales: We sell and ship products primarily within Australia. We may make deliveries outside of Australia, depending on the circumstances at hand.
  29. Payment Methods & Processing: The payment gateway is provided by Stripe. It allows us to accept most credit and debit cards. Additionally we accept Google and Apple pay. We will process card payments at the point of sale or shipping. We will indeed email a tax invoice to you with your Order Confirmation. The tax invoice is your proof of purchase.
  30. GST: Is charged where required.
  31. Legal Capacity to Transact: Sorry, under Eighteen years of age, you cannot place orders with Milette Asian Store. Therefore, by accepting these Terms and Conditions, you acknowledge that you are over the age of eighteen.
  32. Placing Your Order: You can place an order by filling in the order Form on the Milette Asian Store Web Site. By clicking the Submit My Order button. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Milette Asian Store website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products; however, Milette Asian Store will make every effort to supply products to you. If we cannot process or accept your order after payment is received, we will contact you by email or telephone We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Promotional offers cannot be used in conjunction with any other offer and cannot be used when redeeming gift vouchers. Milette Asian Store reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
  33. Supply: Subject to these Terms and Conditions, we will supply the Products indicated on your Order Confirmation.
  34. Prices: Milette Asian Store reserves the right to change the price of products at any time prior to you placing an order. Shipping costs are excluded from the price of the product on display. The shipping costs are shown separately on the product page. These costs are calculated based on the delivery address. A ten dollar charge will apply for all returned parcels. Except where the goods are deemed faulty. Returns are not accepted after seven days. Except where the goods are deemed faulty. When this is the case please email or contact us immediately.
  35. Delivery:

We attempt to ship within twenty-four hours, but due to a vast selection and our aim to maximise use ‘by period” on slower moving items, sometimes products may go out of stock. We are usually able to restock within days. In these instances, the delivery may take up to ten business days from the date of your order. However, we do not guarantee that we will deliver within this time frame. Milette Asian Store will make every effort to deliver your order according to the estimated delivery times. The estimated delivery times are in business days of the courier. Monday to Friday, excluding Public holidays. We encourage you to visit the My Account section on the website to view the delivery status of your order.
Unless otherwise agreed by us, we will deliver your products to the address indicated on your order confirmation. If no one is available to take delivery of your products, our carrier will leave a card so you can pick up your product from your local Australia Post Office. Title and risk of loss to all Products will pass to you on delivery. If a Product has a minor defect, we will provide a replacement or a refund once a digital image has been received and authenticated. If a product has a significant defect, you are entitled to: reject the goods and receive a refund, Reject the goods and receive an identical replacement. Or one of similar value if reasonably available.

For questions and notices, please contact us at:
Milette Asian Store:
Email: info@miletteasianstore.com

Last update: Febuary 2022
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