Terms of service
Terms & Conditions (Terms of Service)
OVERVIEW
This website is operated by MoMix Pancakes (“we”, “us”, “our”).
Throughout the site, the terms “you” and “your” refer to the user or customer.
By accessing our website or purchasing products from www.momixpancakes.com (the “Website”), you engage in our service (“Service”) and agree to be bound by these Terms & Conditions (“Terms”), including any additional policies referenced herein (including our Refunds & Returns Policy and Privacy Policy).
If you do not agree to these Terms, you must not access the Website or use the Service.
1. ONLINE STORE TERMS
By using this Website, you confirm that you are at least the age of majority in your place of residence, or that you have obtained consent to allow any minor dependents to use this site.
You must not use our Website or products for any unlawful or unauthorised purpose, nor violate any applicable laws or regulations.
A breach of these Terms may result in immediate termination of your access to the Website or Service.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, subject to applicable law.
Content submitted by you (excluding payment information) may be transmitted over various networks and adapted to technical requirements.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
3. PRODUCT INFORMATION & WEBSITE ACCURACY
We make reasonable efforts to ensure that product descriptions, ingredient information, pricing, and availability on the website are accurate and current. However, we do not warrant that all information is error-free, complete, or up to date.
Information on the website is provided for general guidance only and should not be relied upon as the sole basis for decision-making.
We reserve the right to correct errors, inaccuracies, or omissions and to update information at any time without prior notice.
4. PRODUCTS, AVAILABILITY & PRE-ORDERS
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
Unless expressly stated otherwise on the product page, products are sold as standard retail items and will be dispatched once in stock.
Some products may be offered as pre-orders. By placing a pre-order, you acknowledge that:
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payment is taken at checkout;
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the product is not yet in stock; and
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manufacturing, packaging, and dispatch will occur after production is completed.
Estimated dispatch or shipping timeframes are indicative only and may change due to manufacturing, supplier, or logistical factors.
We reserve the right to limit quantities, discontinue products, or cancel orders. If payment has been taken and an order cannot be fulfilled, a full refund will be issued.
5. PRICING, PAYMENT & DISCOUNTS
All prices are listed in Australian Dollars (AUD) unless otherwise stated and are subject to change without notice.
Payment must be received in full before dispatch. By submitting payment details, you warrant that you are authorised to use the selected payment method.
Discount codes must be applied at checkout and cannot be applied retrospectively. Discounts may be subject to conditions or expiry dates.
6. ORDER ACCEPTANCE & BILLING 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.
An order confirmation email acknowledges receipt of your order but does not constitute acceptance. A binding contract is formed only when we dispatch your order and send a shipping confirmation email.
We reserve the right to cancel or limit orders that appear to be fraudulent, duplicated, or placed for resale.
You agree to provide accurate, current, and complete billing and contact information and to promptly update any changes.
7. SHIPPING & DELIVERY
Shipping fees and estimated delivery timeframes are displayed at checkout.
Delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by third-party carriers or circumstances beyond our reasonable control.
Risk of loss and title pass to you upon delivery to the nominated address.
8. FOOD PRODUCTS, ALLERGENS & SAFETY
Our products are food items intended for general consumption.
Ingredient and allergen information is provided on the Website and/or product packaging. Customers are responsible for reviewing this information before consumption.
Products may be manufactured in facilities that handle common allergens. While reasonable care is taken, we cannot guarantee the absence of trace allergens.
9. REFUNDS & RETURNS
Refunds and returns are governed by our Refunds & Returns Policy, which forms part of these Terms.
Nothing in these Terms excludes or limits your rights under the Australian Consumer Law. If a product is faulty, unsafe, damaged, or not as described, you may be entitled to a refund, replacement, or other remedy as required by law.
10. INTELLECTUAL PROPERTY
All content on the Website, including text, images, logos, graphics, and software, is the property of MoMix Pancakes or its licensors and is protected by intellectual property laws.
You may not use, copy, reproduce, or distribute any content without prior written consent.
11. USER FEEDBACK & SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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.
12. THIRD-PARTY LINKS & SERVICES
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.
13. DISCLAIMER & 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 MoMix Pancakes, 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.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless MoMix Pancakes 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15. TERMINATION
These Terms remain effective unless terminated by you or us. We may suspend or terminate access to the Website if you breach these Terms.
16. SEVERABILITY
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 of Service, 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).
17. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service 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 governs 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18. GOVERNING LAW
These Terms are governed by the laws of Queensland, Australia, and disputes shall be subject to the exclusive jurisdiction of the courts of Queensland.
19. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 of Service constitutes acceptance of those changes.
20. CONTACT INFORMATION
Questions about these Terms can be sent to: momixpancakes@gmail.com