Terms of service

Last Updated: 05 February, 2025


PART A: GENERAL TERMS AND CONDITIONS

Thank you for visiting Miss Seafari! Please take a few minutes to read the information below about the legal Terms and Conditions that apply to your use of this website and any services or products that you order from us.

The site is owned and operated by Miss Seafari. If you visit or shop at Miss Seafari, you accept these terms. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Website. Miss Seafari reserves the right, at its sole discretion, to change, modify or alter these Terms and Conditions at any time with or without notice.

“Miss Seafari” and other marks indicated on our website are trademarks or registered trademarks of “Miss Seafari”, or its subsidiaries (collectively “Miss Seafari”), in Australia and/or other jurisdictions. “Miss Seafari” graphics, pictures, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of “Miss Seafari”. “Miss Seafari” trademarks and trade dress may not be used in connection with any product or service that is not ‘Miss Seafari”, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ‘Miss Seafari”. All other trademarks, logos or slogans not owned by “Miss Seafari” that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by “Miss Seafari”.

Website Use and Access

You agree to use the Website for lawful purposes only and that you are responsible for your use and communications on the Website. You also agree not to transmit or post through this Website anything that infringes the intellectual property rights of others, or violates local, state, national and international law. You agree not to use this Website in any way that may interfere with its normal operation or with any other users use and enjoyment of the Website. You agree not to transmit or post through this Website any infringing, unlawful, harassing, defamatory, vulgar, threatening, obscene, profane, indecent, offensive, hateful or objectionable material of any kind, including material that encourages criminal conduct or conduct that would give rise to civil liability.

In the event you register and/or purchase a product, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities and charges that occur under your account or password. You agree to immediately notify Miss Seafari of any unauthorized use of your account or password or any other breach of security. You agree to ensure that you exit from your account at the end of each session. Miss Seafari reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders at its sole discretion.

Electronic Communication from Miss Seafari

You agree that Miss Seafari may send electronic mail to you for the purpose of advising you of changes or additions to this Website, notifications about Miss Seafari products or services or for such other purpose(s) as Miss Seafari deems appropriate. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Privacy and Security

Miss Seafari is committed to providing our customers with the highest quality products and services. We use the information we gather from our interactions with you to improve your shopping experience. Because we respect your privacy, we have instituted policies intended to ensure that your personal information is handled in a safe, secure, and responsible manner.

When you shop at Miss Seafari, we obtain information from you in order to complete your transaction. This may include your name, address, telephone number, email address and credit card number. We use the information we collect to process your purchase transactions, to keep you informed about the status of your orders, to send you marketing and promotional materials by mail or e-mail and to improve our product assortments, customer service and overall shopping experience.

The security of your information is very important to us. Miss Seafari strives to protect your information and privacy on our website, however no data transmission over the internet is 100% secure. We cannot guarantee or warrant the security of any information you disclose or transmit to us online. You also play a role in protecting your information. If you are using a public computer, we strongly encourage you to log out at the conclusion of your session. Because your password permits access to your personal information, please keep your password secret and do not disclose it to others. Please refer to our Privacy Policy for more information.

Product and Pricing Information

Miss Seafari has made every effort to display our merchandise and their colours as accurately as possible, however the displayed colours of the products will depend upon the monitor in use and Miss Seafari cannot guarantee that the users monitor will accurately portray the actual colours of the products. Products displayed may be out of stock or discontinued. Miss Seafari reserves the right to change prices at any time and is not responsible for typographical errors regarding price or any other matter.

Offers 

We may from time to time offer promotional offers on purchases made through our website www.missseafari.com.au. All offers and promotions are at Miss Seafaris’ sole discretion and are subject to variation or withdrawal without notice. Offers and promotions cannot be applied to previously purchased items. No two offers can be used in conjunction with each other.

Disclaimer of Warranties and Limitation of Liability

This site and all materials contained on it are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either expressed or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. Your use of the website is at your sole risk. Miss Seafari does not warrant that: (1) the contents of this site will be accurate, reliable or error free, or that any errors in such contents will be corrected; (2) that this website or its server are free of viruses or other harmful components; (3) that your use of this site will be uninterrupted.

Miss Seafari expressly disclaims all liability for product defect or failure claims that are due to normal wear, product misuse, abuse, modification and non-compliance with any printed directions. Under no circumstances and under no legal theory (including but not limited to, negligence) shall Miss Seafari be liable to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise that result from, arise out of, or are in connection with the use of or access to, or the inability to use or access, this site or its contents, even if Miss Seafari has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless Miss Seafari from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of these Website Terms. Miss Seafari reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Miss Seafari in asserting any available defences.

Notice

Miss Seafari may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Miss Seafari.

Termination

You agree Miss Seafari may suspend or terminate your access to part, or the entire website, without notice, upon any believed breach of the Terms and Conditions, conduct that is a violation of any applicable law or is harmful to the interests of another user or Miss Seafari, at the sole discretion of Miss Seafari.

Typographical Errors

In the event that a Miss Seafari product is mistakenly listed at an incorrect price, Miss Seafari reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Miss Seafari reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Miss Seafari shall issue a credit to your credit card account in the amount of the incorrect price.

Miscellaneous

If any of these terms is unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. These Terms and Conditions constitute the entire agreement between Miss Seafari and you relating to the subject matter herein. If you do not agree to these Terms and Conditions, please do not use this site. Miss Seafari shall have the right to change or modify these terms at any time.

Third-Party Links

In an attempt to provide increased value to our visitors, Miss Seafari may link to sites operated by third parties. However, even if the third party is affiliated with Miss Seafari, Miss Seafari has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Miss Seafari. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Miss Seafari seeks to protect the integrity of its website, and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Please refer to our Privacy Policy for more information

What information do we collect?

We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. Please refer to our Privacy Policy for more information


Gift Cards Terms and Conditions

All gift cards will be emailed to your desired recipient according to all details that you have entered at time of purchase.

Gift cards cannot be redeemed for cash and cannot be refunded. 

All Gift Cards currently have an open expiry date. If for any reason we need to make changes to our current gift card service we will give you notice in writing.

If the item purchased on a Gift Card is returned, the amount paid with the Gift Card will be refunded to that Gift Card. 

All purchases using gift cards must be actioned prior to completing your online order. 

Please note:- Gift Cards does not refer to Store Credit.

Pick Up Next Market Code/Service

To use this service please ensure your orders are completed before close of business on Friday to be ready to collect between 8am and 1pm on Sunday at Redcliffe Markets. Orders completed after this time will be automatically available to pick up the following Sunday.

The coupon code pickupnextmarket is used to apply free shipping to your online orders and is strictly for this purpose of collecting your order at next market. 

Please note that from time to time we may have to cancel our market due to weather conditions/staffing requirements. If this is so we will be in contact with you and offer to deliver your goods to you or transfer your pickup date to the following Sunday. 

If you can not find us on market day, please phone or text us in case we have been moved from our regular spot for a particular market date. 

We currently are positioned at the markets, across from the Little Lamb Restaurant, 97 Redcliffe Parade, Redcliffe, QLD, 4020.

Changes to Terms of service

We may update our terms of service from time to time, including to reflect changes to our practices or for other legal or regulatory reasons. We will post the revised terms on our site, “Last Updated” date and take steps required by applicable law.

If you have any further questions about our terms of service, please email us on admin@missseafari.com.au or write to us at Miss Seafari, Po Box 288, Burpengary, Qld, 4505.

 

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