MUSASHI ONLINE TRADING POLICY
TERMS OF ORDERING AND SALE
1. General
1.1 The following Musashi Online Trading Policy (Policy) contains the terms and conditions relating to the Musashi Online Store.
1.2 The Musashi Online Store is operated by Nestlé Australia Ltd ACN 000 011 317 and allows customers to purchase Musashi products online.
1.3 Musashi has the right to modify this Policy from time to time and any such modification will be effective on posting of the modified Policy on the Musashi website.
1.4 Musashi reserves the right to exclude you from accessing the Musashi Online Store, refuse service, terminate accounts or cancel orders in its sole discretion if it considers that you are or are likely to be in breach of this Policy.
1.5 By completing and submitting the customer form online, you agree to the terms of this Policy.
2. Contract
A legally binding agreement is formed at the time Musashi accepts an order for Musashi product placed by you. The terms and conditions of this Policy apply to that agreement to the exclusion of all other terms unless otherwise agreed in writing by Musashi.
3. Customers
3.1 The Musashi Online Store delivers Musashi product only to customers in Australia.
3.2 Only persons 18 years of age or over may purchase product from the Musashi Online Store and you warrant that you are 18 years of age or older.
4. Price
4.1 All prices specified on the Musashi Online Store are in Australian dollars and include GST as specified. You should always check the specified price before approving payment.
4.2 Prices specified for products do not include delivery. Delivery cost will be quoted separately. Standard delivery cost is $15.00, but this may vary depending on order size and delivery location. Delivery cost is payable at the time of ordering.
4.3 Musashi may vary prices from time to time without notice.
5. Payment
5.1 Musashi accepts payment by Visa Card or Mastercard only and will not process orders until payment has been cleared.
5.2 On delivery of the products to your nominated delivery address, Musashi will provide you with a tax invoice.
5.3 Risk and title in the Musashi products passes to you on payment.
6. Delivery
6.1 Any delivery time agreed by Musashi is an estimate only and not binding on Musashi.
6.2 Musashi does not make products available for collection and products cannot be delivered to a post office box address.
6.3 Orders received before 5 pm AEST are usually dispatched from Musashi warehouse within 48 hours. Standard delivery time for areas within metropolitan Australia is 2 – 7 days. Outside the metropolitan areas delivery times will vary from 2– 14 days.
6.4 A person must be at the delivery address nominated on the Musashi Online Store order form to accept the products on delivery. Standard delivery hours are 9am – 5pm. Anyone at the delivery address who receives the product is deemed to be authorised to accept the products on your behalf. If there is no-one at the delivery address, a calling card will be left by the delivery company so other arrangements can be made.
6.5 You are responsible for ensuring that you have provided Musashi with the correct delivery address. If the delivery address you have provided on the Musashi Online Store order form is not correct, you are liable for additional delivery costs of re-delivery.
6.6 It is your responsibility to inform Musashi if a product order does not arrive. You must notify Musashi Online Store customer support on 1300 851 312 no later than 24 hours from the time when the goods were expected to be delivered and Musashi will investigate the non-delivery.
7. Product availability
7.1 Musashi will endeavour to supply products ordered by you. If the products ordered are not readily available in stock, wherever possible Musashi will offer you a comparable product of equal or greater value.
7.2 Musashi reserves the right not to sell certain products to you if the sale of the products is restricted or prohibited.
8. Product packaging and labelling
Musashi aims to include up to date pictures of Musashi products on the website. From time to time, pictures of the products on the website may differ from the products actually supplied to you. Musashi does not warrant the accuracy of the information contained on the website and recommends that you read the labels on all products before consuming the products.
9. Returns
9.1 You should inspect product as soon as it is delivered. If you are not satisfied with the quality of the Musashi products you have purchased, you may contact the Musashi Online Store customer support on 1300 851 3121 within 48 hours of delivery of the products and a Musashi representative will assess your request for replacement product or refund of the purchase price in accordance with Musashi’s return policy.
9.2 Musashi will not accept product returns for change of mind.
10. Warranty and limitation of liability
10.1 The terms and conditions of this Policy do not exclude or limit the application of any statutory provision where doing so would contravene that statute or cause any part of this Policy to be void (Non-Excludable Term).
10.2 Musashi excludes all implied conditions and warranties concerning the Musashi Product, except for any Non-Excludable Term.
10.3 Musashi’s liability for breach of any Non-Excludable Term under the Trade Practices Act 1974 is limited, at Musashi’s option, to refunding the price of the product or replacing the product. To the extent permitted by law, Musashi’s liability for any cause (whether in negligence or otherwise) in respect of any Musashi product, is limited to the price paid by you for the product and Musashi excludes all liability for consequential loss.
11. Indemnity
You indemnify Musashi against all damages, losses, costs and expenses of Musashi arising out of or connected with your use of the Musashi Online Store, Musashi product or any breach of this Policy.
12. Intellectual property
Musashi remains the owner or authorised user of all intellectual property used on or in relation to the Musashi Online Store, Musashi products and any advertising or promotional materials connected with them.
13. User name and password
You are responsible for the safekeeping of your user name and password and are responsible if your user name and password are used by an unauthorised person.
14. Privacy and security
For details on the Musashi privacy policy, please click here. For the Musashi Online Store Security Statement, please see below.
15. Governing law
The terms and conditions of this Policy are governed by the laws of Victoria and you submit to the non-exclusive jurisdiction of the courts of Victoria.
At Musashi we consider the security of your information to be of paramount importance. We have implemented security measures designed to provide peace of mind when purchasing goods over the internet.
When you place an order, our secure server uses SSL (Secure Sockets Layer) to connect to our website. SSL Technology encrypts all the information sent from your PC and provides a secure connection that keeps your data private during internet transmission. The following indicates that you have entered a secure session and will be present when you are requested to enter your credit card details:
- The "https" in place of the usual "http" in your browser address box.
- The small padlock either at the foot of your browser or in the address bar.
Musashi holds a current VeriSign certificate confirming Musashi’s SSL certification.
Payment Gateway - ANZ
Musashi uses ANZ eGate. ANZ eGate utilizes MIGS (MasterCard Internet Gateway Service) technology as the payment gateway platform. All credit card numbers are housed within the secure environment of MasterCard Internet Gateway Service environment.
Musashi uses this service to provide a secure environment for the authorisation of credit card transactions over the Internet. Confidential information including client credit card details are encrypted the moment they are transmitted from the client's browser to the banking network using industry standard SSL 128-bit RC4 encryption technology.
Our customers’ credit card details are not stored anywhere on the Internet and the only company who has access to this data is the merchant's bank. Musashi does not record a copy of your credit card details or retain this information. The bank also sends confirmation information via the same encryption technology back to the client's browser. These secure processes provide clients with peace of mind when purchasing online.
Please note that while Musashi uses its best endeavours to protect all such information at all times, we cannot be responsible for unauthorised access to the information.
In the event of unauthorised use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
