This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.musto.com.au (“Site”) to you.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products from the site.
The site is operated by Musto Australasia Pty Ltd (referred to as "Musto Australasia/we/our/us"). We are registered in Australia under the Australian Business Number: 73 120 128 789 and New Zealand under IRD registration number 95 882 129 with our registered office at 28B Roger Street, Brookvale, NSW 2100, Australia.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the site and it is your responsibility to read the terms and conditions on each occasion you use the site and your continued use of the site shall signify your acceptance to be bound by the latest terms and conditions.
1.2 The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation. You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site. The prices displayed on the site are quoted in Australian and New Zealand dollars and are intended to be valid and effective only in Australia and New Zealand. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
1.3 To order products through our site, you will need to register on the site and subsequent orders of products will be subject to an approved login name and password ("password details"). Information that you provide on this site must be accurate and complete. All password details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your password details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
1.4 Our Site is not intended for use by people who live outside Australia or New Zealand.
1.5 By placing an order through the site, you warrant that:
a) You are legally capable of entering into binding contracts;
b) You are at least 18 years old;
c) The purchase is for personal use and you do not intend to resell any product.
2. Order process
2.1 Please see the Delivery & Returns, FAQs pages for information on how to place an order. All orders that you place on the site will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Storm Performance.
2.3 Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (“dispatch confirmation”). The contract between us (“contract”) will only be formed when we send you the dispatch confirmation.
2.4 The contract will relate only to those products whose dispatch we have confirmed in the dispatch confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch confirmation.
3.1 Delivery charges and estimated timescales are specified in Delivery & Returns and also when you place an order. Your order will be fulfilled by the delivery date set out in the dispatch confirmation or, if no date is specified, then within 30 days of the date of the dispatch confirmation, unless there are unforeseen factors beyond our reasonable control.
3.2 We make every effort to deliver the products within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Subject to clause 7.1, Musto Australasia shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.3 Risk of loss and damage to the products passes to you on the date when the products are delivered. Title to any products you order on the site shall pass to you on delivery of the products provided that we have processed and received payment in full for those products.
4.1 We take payment from your card at the time we dispatch your order. Products are subject to availability. In the event that we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
4.2 The price you pay is the price displayed on this site at the time we receive your order except in cases of obvious error. While we try and ensure that all prices on the site are accurate, errors may occur. If we discover an error in the price of the products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We are under no obligation to provide the products to you at an incorrect price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable.
4. Payment can be made by credit card only. Please note that unfortunately we are unable to accept Diners of Amex cards at this time. For more details, see Delivery & Returns.
4.5 All prices are shown in Australian and New Zealand dollars and include GST (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see Delivery & Returns for further details including express delivery charges).
4.6 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.
5. Returns, Cancellations and Substitutions
5.1 In addition to your rights to cancel under 5.3 below, we offer a 28-day returns policy. In the unlikely event that you receive faulty or damaged products, you may also return the products within 28 days (please refer to clause 7.1 and Delivery & Returns for further details).
5.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
5.3 If you are contracting as a consumer, you may cancel a contract at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products in accordance with our refunds policy (set out in clause 7 below).
5.4 To cancel a contract, you must inform us in writing. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within the site is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this site. You further acknowledge that any other use of the material and content of this site is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6.3 Unless otherwise indicated, copyright in the information on this web site is owned by www.musto.com.au. All right reserved. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Australian Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Musto Australasia.
7. Our Refunds Policy
7.1 When you return a product to us:
a) because you have cancelled the contract between us within the seven-day cooling-off period or returned to the product to us within the 28-day return period pursuant to clause 5.3, we will process the refund due to you as soon as possible and, in any case, within 28 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, excluding postage. However, you will be responsible for the cost of returning the item to us.
b) if you claim that the product is defective, we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 28 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. You may also request a replacement (subject to availability) or a repair of the product (where possible).
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.1 Subject to Clause 8.3 below, we will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site is free of viruses or bugs and Musto Australasia accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
8.2 This clause sets out our entire financial liability to you in respect of:
a) any breach of contract; and
b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with our contract.
8.3 Nothing in this agreement shall limit or exclude our liability for:
a) death or personal injury resulting from negligence; or
b) fraud or fraudulent misrepresentation; or
c) any other liability which may not be lawfully excluded.
8.4 Without prejudice to clause 8.3, we shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
a) loss of profit; or
b) loss of goodwill; or
c) loss of business; or
d) special, indirect or consequential damage, suffered by you that arises under or in connection with this contract.
8.5 Subject to clause 8.3 Musto Australasia’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) you purchased.
8.6 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.
9. Miscellaneous Provisions
9.1 The contract between us shall be governed by the laws of Australia and any dispute between us will be resolved non-exclusively in the courts of Australia.
9.2 We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose.
9.3 Musto Australasia shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
9.4 To provide increased value to our customers, we may provide links to other sites for you to access at your sole discretion. You acknowledge and agree that we are not responsible for the availability of such external sites, the content of those sites or for any use you may make of them.
9.5 You may not assign, sub-contract or transfer any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon beforehand in writing by Musto Australasia. We may transfer, assign, or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions to any third party.
9.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other clauses of these terms and conditions shall not be affected.
9.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party to them.
9.8 No delay or failure by Musto Australasia to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Musto Australasia.
9.9 These terms and conditions including the documents referred to in them supersede all prior representations understandings and agreements between you and Musto Australasia relating to the use of the site (including the order of products) and sets forth the entire agreement and understanding between you and Musto Australasia for your use of the site.
9.10 When using the site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.11 All notices given by you to us must be given to Musto Australasia Pty Ltd at MUSTO AUSTRALASIA, 28B Roger Street, Brookvale, NSW 2100, Australia. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9.10 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
9.12 You must not: * Use or attempt to damage, interfere with or introduce anything (including a virus, robot, spider, scraper or automated means) to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website, the delivery of the services, or any network or system underlying or connected to them; * Use this website or any information or other material from this website, for any commercial purpose; * Remove any copyright, trade mark or any other intellectual property notice from any material accessible on this website; or * Copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these terms).
The Musto Australasia website is operated by: Musto Australasia Pty Ltd, 28B Roger Street, Brookvale, NSW 2100, Australia. Registered in Australia No: 73 120 128 789. We recommend you print out a copy of these terms and conditions for future reference. If you have any questions regarding the Musto Australasia website, please see the home page for more information and full contact details.
Musto Australasia Pty Ltd ("Musto Australasia") is a company incorporated in Australia with our registered office address at 28B Roger Street, Brookvale, NSW 2100, Australia.
The purpose of this statement is to set out: * how your personal information may be collected by us during the course of your dealings with Musto Australasia; * how we use personal information that we may obtain about you; * the steps that we will take to ensure the accuracy of the information we obtain from new and how we will maintain its security; and * your rights to gain access to the information that we obtain from you. By either purchasing any of Musto’s products through this website, registering as a user of any services provided by Musto on this website or by using Musto’s website generally you agree to this use. Information Privacy Principles Musto Australasia agrees to manage your personal information in accordance with the Information Privacy Principles described in the Privacy Act 1988. Collection and Use of your personal information
1. When you register and use this site: * You will be asked to provide certain information such as your contact details. We will store this data either electronically or in hard copy and use it for the purposes set out in this section. * If you contact us, we may keep a record of that correspondence. * We may also keep details of transactions you carry out through our site and fulfillment of your orders. * Details of your visits to our site including but not limited to traffic data, location data and other communication date, whether required for our own billing purposes or otherwise.
2. We may use information that you provide or that is obtained by us: * to register you with our website and to administer our website services. * to administer any prize draws or competitions you may enter. * to carry out our obligations arising from any contracts entered into between you and us. * to notify you about changes to our service. * to ensure content from our site is presented in the most effective manner for you and your computer. * for assessment and analysis (e.g. market, customer and product analysis). * to enable us to review, develop and improve the services which we offer and to enable us to provide you and other customers with relevant information through our marketing programme. * to make decisions about you using computerised technology, for example automatically selecting products which we think will interest you from the information we have and keeping you informed of such products (including special offers, discounts, offers, competitions and so on) by any of the following methods: o Email o Telephone (including automated calls) o SMS text message and other electronic messages such as picture messaging o Post o Fax o or otherwise (including products and services of other organisations) which we consider may be of interest to you.
3. We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
4. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
5. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
6 If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form).
7. We may supplement the information that you provide to us with information that we receive from third parties. Fraud prevention
8. In order to protect our customers and us from fraud and theft, we may pass on information that we obtain from making identity checks and other information in our customer records, including how you conduct your account, to other retailers and to financial and other organisations (including law enforcement agencies) involved in fraud prevention and detection, to use in the same way. Disclosure of your information
9. We may give information about you to the following, who may use it for the same purposes as set out above: * to employees and agents of Musto Australasia to administer any accounts, products and services provided to you by Musto Australasia now or in the future. * agents who (on our behalf) profile your data so that we may tailor the goods/services we offer to your specific needs. * to other organisations for the administration of prize draws or competitions. * to anyone to whom we transfer or may transfer our rights and duties under our agreement with you. * if we have a duty to do so or if the law allows us to do so. * If we sell any business or assets, in which case we may disclose your personal data to the prospective buyer of such business or assets. * If Musto Australasia or substantially all of its assets are acquired by a third party, in which case personal data we hold about you will be one of the transferred assets.
10. We may disclose your personal information to any member of our group, which means any related body corporate, as defined in the Corporations Act 2001 (as amended).
11. In carrying out the activities specified in this section, we may transfer data to reputable companies outside the Australasian Economic Area. We take steps to ensure that your information will be afforded the same level of protection as that required of us under applicable Australian and New Zealand data protection legislation. Cookies
12. New technologies are emerging on the Internet that help us to deliver customised visitor experiences. In particular, there is a technology called "cookies" which may be used by us to provide you with, for example, customised information from our website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our website. Depending on the type of cookie we use, cookies also allow us to make our website more user friendly, for example, permanent cookies allow us to save your password so that you do not have to re-enter it every time you visit our website.
13. If you wish, you can usually adjust your browser so that your computer does not accept cookies. If you do this, you will still be able to browse around the site but the functions that allow you to add items to your trolley, set up a new account or access an existing account will not be available. Alternatively you can adjust your browser to tell you when a website tries to put a cookie on your computer. How you adjust your browser to stop it accepting cookies or to notify you of them, will depend on the type of internet browser programme your computer uses.
14. Please remember, cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers.
15. Your browser also generates other information, including which language the site is displayed in, and your Internet Protocol address ("IP address"). An IP address is a set of numbers which is assigned to your computer during a browsing session whenever you log on to the Internet via your internet service provider or your network (if you access the Internet from, for example, a computer at work). Your IP address is automatically logged by our servers and used to collect traffic data about visitors to our websites. We do not use your IP address to identify you personally.
16. We only keep cookies for the duration of your visit to our website, except where you save your login name as referred to above. Security
17. We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
18. For further information about the steps we take to protect your information and make online shopping as secure as possible, please see information on Secure online shopping. General
19. You have the right to see personal information (as defined in the Privacy Act 1988) that we keep about you, upon receipt of a written request and payment of a fee of $20.
20. You also have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
21. If you are concerned that any of the information we hold on you is incorrect please contact us (see details below).
22. Please be aware that our site may link to other websites which may be accessed through our site. We are not responsible for the data policies or procedures or the content of these linked websites.
24. If you want to be removed from our mailing list, please send an email to email@example.com with the word 'remove' in the subject line and the email address that you wish to be removed within the email. Please note that it may take up to 28 days to action your request. In addition, each electronic mailing we send you will contain details of how you can unsubscribe. How do I change any details stored by Musto Australasia?
25. To change any of your registered details on www.musto.com.au, contact firstname.lastname@example.org
26. For further information about shopping on www.musto.com.au, please read our Terms and Conditions, FAQs and Delivery and Returns pages. Contact Us
What are cookies?
Cookies are small text files sent from a website and stored in the user’s web browser while a user is browsing a website.
When users visit the same website again, the browser sends cookies back to the website allowing the website to recognise the user and remember personalised user details or preferences. Find out how to manage or disable them atwww.aboutcookies.org.
Please note that if you choose to opt-out of receiving cookies, you may lose some features and functionality of the Musto Australasia website. For example, you will be unable to successfully use the Musto Australasia shopping cart.
Which cookies do we use?
When you use the Musto Australasia Pty Ltd website the following types of cookies can be set on your device:
Strictly necessary cookies These cookies enable services you have specifically asked for. Some examples of these cookies include:
Identifying you as being signed in to the Musto Australasia webshop and keeping you logged in throughout your visit.
Remembering the content of your shopping cart while browsing the Musto webshop. These cookies don’t usually contain any personally identifiable information and are typically set by to provide specific services such as the Musto webshop.
Performance cookies These cookies collect anonymous information on how people use the site and the data is merged with other users to enable us to improve how the site operates. For example we utilise Google Analytics cookies to help us understand how customers arrive at our site, browse or use our site and highlight areas where we can improve areas such as navigation, shopping experience and marketing campaigns. The data stored by these cookies never shows personal details from which your individual identity can be established.
Functional cookies These cookies allow the website to remember choices you make and provide enhanced and more personal features. These help us to provide you with a more tailored web browsing experience.
Some examples of such features include:
Remembering items placed in your shopping cart from a previous visit
Remembering your items saved to your wishlist in the Musto Australasia shopping cart
If you have a Musto Australasia account, a cookie on your computer lets us remember your user name and email address so you don’t have to enter it again if you visit the web shop within a 24 hours period.
Other third party cookies Some cookies that have been set on our websites are not related to Musto Australasia. When you visit a page with content embedded from, for example, YouTube or Facebook, these service providers may set their own cookies on your web browser.
We do not control the use of these cookies and cannot access them due to the way that cookies work, as cookies can only be accessed by the party who originally set them. You should check the third party websites for more information about these cookies.