MERMAID AND BEAR DESIGNS 

ECOMMERCE TERMS AND CONDITIONS OF SALE 

These are the Terms and Conditions of Sale of Laura Carvajal, trading as Mermaid and Bear Designs (“Mermaid and Bear Designs”, “we”, “us”) on our website www.mermaidandbeardesigns.com.au which is owned and operated by us (Website). These Terms and Conditions (Agreement) also incorporate our Terms of Use and any special conditions applicable to discount codes, gifts, and disclaimers, all of which can be found on our Website. Please also refer to our Privacy Policy for how we deal with personal information in our business.  

Please read these conditions carefully, as they apply to all transactions between us on our website and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood, and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us. 

 

1. eCommerce 

While we take every care to make sure our e-commerce platform is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).  

Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation email. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.  
 

1. Payment 

You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). Our website shows prices in the currency of your location. We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website. 

You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this Agreement, any breach of which will entitle us to terminate this Agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full. 

If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this Agreement. 

We currently use Shopify to process payments, including by credit card. We also offer PayPal, Afterpay and Laybuy. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors we use on the Website from time to time, which are available on their website.  

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as Afterpay), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly. 

Please note that if Mermaid and Bear Designs suspects suspicious or fraudulent activity (in its sole discretion) in making the order (for example, unauthorized use of a credit card), we may refuse to accept the order and deny acceptance of the Customer’s payment. 
 

1. Discounts and Coupon Codes  

We may offer discounts or coupon codes from time to time. Such discounts and coupon codes are subject to conditions stated on the Website and the conditions set out in this clause. The conditions relating to the specific discount code on the Website prevail to the extent of any inconsistency. 

Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).  

Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first). 

Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.  

Coupon codes are non-transferable and are not redeemable for cash under any circumstances.  

We reserve the right to revoke any discount offer or coupon code at any time without notice.  

 

1. Store Credit  

We may issue you with store credit in accordance with this Agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this Agreement and applicable legislation. To the extent of any inconsistency, the terms provided for in applicable legislation prevail where we are not permitted to vary the terms by agreement. Where legislation provides that we may vary the terms by agreement, the terms of this Agreement prevail.  

Store credit is redeemable for products sold by us on our Website only and can’t be applied to postage on an order.  

Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced, or refunded. 

Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption. 

1. Gift Vouchers 

We may sell gift vouchers on our Website. Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.  

It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient.  

Vouchers are redeemable for products or services sold by us on our Website only and can’t be refunded, redeemed for cash or applied toward any special, promotion or discounted offer. 

Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless: 

• the voucheris able tobe reloaded or topped up 
• it has been donated for promotional purposes
• it is available only for a specified period
• it has been supplied at a genuine discount
• it is part of an employee reward scheme
• it is part of a customer loyalty program
• it is a second-hand gift card
• it is part of a temporary marketing promotion

in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on the voucher and will expire after that date. 

Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.   

 

1. Postage and delivery 

We use Australia Post Business to help us get our products to you within Australia. Please note that order equivalent to or greater than $150 AUD will receive free domestic shipping within Australia.   

1. Rates 

You agree to pay to us postage fees as calculated at checkout. You acknowledge that you will also be charged for any applicable local custom fees and that these are not the responsibility of Mermaid and Bear Designs. We reserve the right to make changes to our shipping policy at any time.  

As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order). 

Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website. 

1. Dispatch Timeframes 

We endeavour to process all orders within 2-5 business days of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders to our delivery service partner within 2-7 business days of order notification.  

We ask for your patience as this handling period may vary, for example, if we have a high volume of orders. You acknowledge that we’re not liable for any delay in dispatch of your order. 

1. Delivery Timeframes 

Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider – Australia Post. As a guide, for standard delivery within Australia, you may expect to receive your order within: 

• Standard shipping: 7-10 Business days 
• Express shipping: 2-3 Business days   

While we only offer express shipping to international customers, please note that international delivery times may vary. As a guide, international delivery time-frames are approximately 10-20 days. Please consult the Australia Post delivery guidelines for lead times or feel free to consult us for indicative delivery times to your delivery address, at mermaidandbear@outlook.com.  

Where possible, the tracking numbers will be provided in your confirmation email.  

1. Delivery Address 

It’s your responsibility to make sure that your email and postal address details are correct. We won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this Agreement and issue a refund (less delivery fees) in accordance with this Agreement.  

1. Orders Lost in Transit 

We make no representations as to responsibility or liability for any lost or misdelivered orders. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.  

1. Risk  

Risk in each order passes to you on delivery to your nominated address. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person. 

If tracking indicates that a product was lost in transit, you may make a written claim for a refund or replacement in accordance with these terms. For products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.  All such claims are subject to our investigation and sole discretion. 

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit. 

 

1. Events beyond control 

Mermaid and Bear Designs will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.  

 

1. Advice and Information 

We may give you advice, recommendations, information, or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate, and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice.  

We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.  

 

1.  Product Disclaimer 

From time to time, we may make products available to you on our Website that may pose a safety risk if precaution is not taken. You must follow our instructions regarding the correct and safe use of the products. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your incorrect use of our product.  

Essential Oils 

In particular, we recommend that you read the ingredients list for our essential oils to avoid an allergic or skin reaction. We also recommend that you patch test our oils on a small area of your skin before applying the product to the rest of your body. If you experience a reaction to our products, discontinue use and seek medical advice immediately. 

Lamps 

Our Selenite and Salt lamps require specific storage and care instructions. It is your responsibility to follow the instructions that come with the products to ensure safe use and maintenance. Please note that lamps should be kept out of reach of pets. Do not place anything on top of your lamp as it may pose a fire hazard.  

 

1. Crystals 

All of our crystals are sourced ethically and legal from Brazil, America and India.   

As crystals are a naturally occurring substance, each crystal will be unique, including variations in colour and composition. Please note that the images you see on our Website are for illustrative purposes only and you may not receive the same crystal as is displayed on our Website. We cannot guarantee that the image displayed on our Website is representative of the colour of your individual crystal due to natural variation and differences in screen resolutions.  

Crystals used may have natural “veins” running through the gemstone which should not be considered a defect but rather a natural uniqueness adding to the beauty of the product.  

1. Plated Gold and Silver 

We use plated gold and silver for all our jewellery which are treated to be tarnish resistant. However, over time and with continuous use, your jewellery can become dull. We recommend a jewellery polishing cloth to clean products. You understand and agree that due to the nature of plated jewellery, products may fade over time, and this will not constitute a product defect.  

1. Australian Consumer Law 

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to 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.  

Nothing in these terms excludes any right, guarantee, or warranty you’re entitled to by law; however, we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.  

Wherever possible our liability for breach of any condition, warranty or guarantee is limited, at our option, to:  

• replacement of the product; 
• repair of the product;  

• payment of the cost of having the product repaired; or 
• such other fair and reasonable remedy as we are ready and willing to provide. 

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL. 

If for any reason the ACL doesn’t apply to an order you place with us, then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing.  

1. Returns and Refunds Policy 

Australian Consumer Law Refunds 

If a good purchased on our Website fails to meet a consumer guarantee under the ACL, please submit an ACL-claim by email to us at mermaidandbear@outlook.com. We will require proof of purchase (order number or receipt) and evidence of the fault (such as a photograph). We will provide you with a remedy in accordance with our obligations under the ACL. Return requests under the ACL, must be received within a reasonable time of delivery, which we’ve determined based on the nature of the goods to be 40 days. Refunds will not be granted under any other circumstances.  

1. Tarnished goods 

We have a 40-day guarantee. If you purchase a product that becomes tarnished within 40 days of the date of purchase, we will provide a replacement or refund, in our absolute discretion. We will require proof of purchase and photographic evidence of tarnishing, which can be sent to us at mermaidandbear@outlook.com. Please note that we must receive a claim under this guarantee within 40 days of purchase of your product.  

1.  Intellectual property 

All content on the Website (including all text, images, and code) is protected by copyright and associated laws. You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you. 

All intellectual property rights including the right to reproduce, modify or commercialise the product remain the property of Mermaid and Bear Designs and products cannot be resold or reproduced.  

If you would like to share our Website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. This includes images on our website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us. 

 

1. Promotion 

We love it when you post about our products on social media. If you do share images or videos (or any other depiction whatsoever) of our products on your social media (“Posts”), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts. If you post on our social media (for example, to leave us a review), you give us permission to use and reproduce your name, photograph or likeness and your copy to promote our business. 

1.  Dispute resolution 

If a dispute arises between the Parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause. 

 

The party must inform the other party in writing of the following: 

1. the nature of the dispute; 

1. the outcome they desire to resolve the dispute; and 

1. the action they believe will settle the dispute. 

On receipt of the notice by the other party, both Parties will make every effort to resolve the dispute by mutual negotiation within 20 Business Days. 

 

If the Parties are unable to resolve the dispute in that time, the Parties must agree on selection of a mediator (if the Parties are unable to agree, they agree to request that the President of the Law Society of WA appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Perth, Western Australia. 

 

All communications made by the Parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence. 

 

This clause survives termination of this Agreement. 

 

1. Independent Legal Advice 

You can seek independent legal advice on these terms and contract us to negotiate changes or amendments to these conditions before proceeding with your order. If you don’t do so, we’ll take it that you’ve read, understood and agreed to be bound by these conditions, and that you consider the conditions fair and reasonable and not against public policy. 

1. Variation 

We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Services will indicate your acceptance of the variations.  

Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement. 

 

1. Severance 

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force. 

 

1. Termination 

We may terminate this Agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods. 

 

1. Jurisdiction 

The law of Western Australia governs this Agreement. The Parties irrevocably agree that the courts of Western Australia are to have exclusive jurisdiction for the purpose of hearing and determining any suit, action or proceedings and/or to settle any disputes arising out of or in any way relating to this Agreement or its formation or validity (Proceedings), however nothing in this clause will (or will be construed so as to) limit the right of a party to commence Proceedings against the other party or take such other action as is necessary to enforce a judgment of a Western Australia against the other party's property or assets in any country in which the judgment debtor has assets. 

This document was last updated: 13 August 2021