The.Legal.Stuff

Privacy Policy

We are committed to protecting your privacy of any information provided by you as our customer and will take all reasonable precautions to protect personally identifiable information from loss, misuse or unauthorised access.

In dealing with your personal information, www.iamgia.com will fulfil all obligations under the Privacy Act 1988 (Cth) and the National Privacy Principles.

In order to process an order you place online with us, we require information such as name, email or contact number, delivery address and payment details. We will not sell this personal information to any third party. We will only disclose your details to third parties without your consent in the following circumstances: 

  1. For delivery purposes; and

  2. If necessary to comply with applicable laws, investigations, or legal proceedings where the company is obliged to disclose customer information.

To secure your transaction online with us, www.iamgia.com processes all orders via Shopify Payments, PayPal and Afterpay (Australian customers only). No human intervention is required to complete this credit card transaction and credit card details are discarded once processed at point of purchase. 

While using the I.AM.GIA website, browser cookies are saved for the purpose of measuring website traffic, as well as recognising you on your return visit. You can disable this feature at any time via your browser settings. 

We do not currently require you to register in order to access our website, but we do reserve the right to do so in the future. Should www.iamgia.com implement a registration process, the company will commit to comply with any privacy legislation applicable at the time in respect of your user information.

From time to time it may be necessary for us to revise our privacy policy. The I.AM.GIA website reserves the right to change its privacy policy at any time without prior notice. We will notify you as our customer of the changes by posting an updated version of the policy on this website. It is your responsibility to familiarise yourself with your rights in relation to privacy and your interaction with this website.

By using this website, you are consenting to the collection of information by www.iamgia.com in accordance with this Privacy Policy.

Terms & Conditions

GENERAL
All contracts and dealings between Tiger Mist Pty Ltd (ACN 164 210 860), the 'Company' and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘Tiger Mist’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by Tiger Mist to the Customer through the website www.iamgia.com (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).

By using the Website, the Customer agrees to be bound by these Terms, as may be amended by the company from time to time.

VARIATION
The Company has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.

ACCESS
Access to the Website is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the Services without notice. The Company will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts or all of the Website without notice.

INTELLECTUAL PROPERTY

  1. All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of the Company.

  2. The Customer is authorised to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.

  3. The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of the Company. Such consent may be withheld by the Company at its absolute discretion.

  4. The Customer must not remove any copyright or trade mark notices from the content found on the Website.

  5. The Company makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.

TERMS OF SALE

  1. By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and the Company with respect to the supply of the Goods in accordance with these Terms.

  2. All Orders are subject to availability of the Goods and confirmation of the Order price.

  3. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which the Company will not be responsible.

  4. The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.

  5. In order to contract with the Company the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to the Company.

  6. The Company reserves the right to accept or reject an Order for any reason at any time.

  7. When placing an Order the Customer undertakes that all details that are provided to the Company are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.

  8. The Company reserves the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of the front of your driver's licence and the credit card used to make a purchase. If a response is not received within 24 hours, your order will be cancelled and your card refunded. If our merchant bank is not satisfied with the information provided, your order will also be cancelled.

PRICE

  1. The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).

  2. Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.

  3. The Company reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.

  4. In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.

  5. The Company will issue the Customer with a tax invoice once payment in respect of the Order has been processed.

CANCELLATION, REFUND AND EXCHANGE POLICY

  1. Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to the Company. The Customer will, however, be able to return Goods in accordance with the returns policy as stated on www.iamgia.com.

  2. The Company may accept returns within 14 days for Australian customers and 30 days for international customers from the date of delivery. Goods must be unwashed, unworn and in its original purchase condition with the tags still attached.

  3. Goods for return must be posted at the Customer’s expense to:

    Attention: I.AM.GIA Returns

    1/16 Brisbane Street

    Eltham, VIC, 3095

    Australia

  4. The customer must include their Tax Invoice & completed returns form within their return parcel.

  5. Any Goods which the Company has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by Tiger Mist.

  6. Due to health reasons, make-up, tan, swimwear, intimates, accessories and jewellery cannot be returned unless faulty or wrongly described.

  7. Upon accepting the goods, the Company will issue the customer with a Gift Voucher in order for the customer to purchase their alternate size/style.

  8. Items purchased during promotional sale periods will NOT be eligible for a return/exchange/credit note. For any queries on this please contact us at customercare@tigermist.com.au.

DAMAGED OR FAULTY GOODS

  1. All Goods are thoroughly inspected to ensure that they are in the best condition prior being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.

  2. If the Customer discovers that a Good is faulty or damaged, the Customer must notify the Company within 14 days of purchase or within a reasonable timeframe thereafter either by returning the goods with return slip and explanation, or via email at customercare@iamgia.com along with a description of the product, fault, size and style and the Customer’s preference for a refund, replacement, exchange or repair. If the returns department inspects the Good and confirms that there is a fault, the Customer will be entitled to a full refund, replacement (if available), exchange or repair (where possible).

  3. The Company will meet the packaging and postage costs associated with the Customer returning faulty or damaged Goods.

  4. Customers are liable for any delivery costs if the Good is found not to be faulty.

DELIVERY

  1. Any period or date for delivery of Goods stated by the Company is intended as an estimate only and is not a contractual commitment. The Company will use its best endeavours to meet any estimate delivery dates but the Company will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.

  2. The Company reserves the right to amend delivery methods without notice.

AUSTRALIA

  1. All deliveries of Goods purchased by the Customer will be made by registered courier (Star Track) and are delivered with authority to leave (‘ATL’) without signing where no one is in attendance at the delivery address.

  2. If the Customer believes their nominated delivery address will be unattended at the time of delivery, the Company suggests having the Order delivered to an alternate address that the Customer knows will be attended during normal business hours. If the nominated delivery address is unattended at the time of delivery, the courier will either leave the Goods in a secure location under their ATL (in which case the delivery will be deemed successful by Star Track) or a card will be left with details as to where the Customer can collect the their Goods, at this time the Goods will be deemed delivered (‘Successful Delivery’).

  3. The Company will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Customer upon Delivery and the Company will not offer a replacement Good or refund a Customer for any lost or damaged Goods.

  4. The Company will use reasonable endeavours to dispatch all Orders received after 12pm AEST on the next business day. Estimated delivery time is 2-5 business days following placement of an Order, depending on the Customer’s location. Customers located in Victoria or New South Wales should receive their Goods within 2 business days. Interstate orders and rural areas may take between 3-5 business days.

  5. In the event the Customer does not receive their Order within 5 business days, the Customer should contact customercare@iamgia.com to obtain their tracking number.

  6. Delivery of Orders placed on the weekend will not be processed until the following Monday.

  7. The Company offers free express delivery Australia-wide on all Orders over $80.00. For any under $80.00, a flat fee of $8.95 (inclusive of GST) will apply.

  8. The Company does not deliver Orders to Post Office boxes.

  9. Once the Customer’s online purchase is complete the Customer will receive an Order confirmation.

INTERNATIONAL DELIVERY*

  1. International deliveries will be made by Registered Post, Pack & Track (via Australia Post) and DHL Express.

  2. Orders will be dispatched within 2 days from the date of the Order. Estimated delivery time for international orders is between 3-15 business days.

  3. In the event the Customer does not receive their Order within 15 business days of placement, the Customer should contact customercare@iamgia.com to obtain their tracking number.

  4. International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. The Company has no control and will not be responsible for any duties or taxes.

  5. In accordance with Australian export regulations, customs require the Company to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.

PRE-ORDER
A Pre-Order is the term used when a Good is currently out of stock but will be ordered from suppliers once the Customer places the Order. The Order will then arrive to the Customer within a certain time frame after the Order is placed. The estimated date of delivery will be displayed under the description in each Good.

LIMITATION OF LIABILITY AND INDEMNITY

  1. The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, the Company makes no warranties or other representations in relation to the supply of Goods. The Company's liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

  2. The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify the Company, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.

  3. The Company does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.

  4. Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies the Company against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless the Company retakes possession of the Goods in accordance with clause 9.

LINKING TO THIS WEBSITE

  1. The Website may provide links to websites and access to content from third parties, including users and affiliates of www.iamgia.com.

  2. The Customer agrees that the Company is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.

  3. To the fullest extent permitted by law in no way will the Company, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.

WAIVER

  1. The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.

  2. The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.

  3. Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.

FORCE MAJEURE
If the performance of the Company's obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Company, the Company will not be liable for any loss or damage suffered by the Customer or any other person and the Company will give the Customer written notice if the force majeure event has continued unabated for 30 days.

GOVERNING LAW AND JURISDICTION
These Terms contained herein shall be governed by the laws of Victoria, Australia and the Customer submits to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.

SEVERABILITY

  1. The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.

  2. The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.