Terms & Conditions
These Terms and Conditions
In these Terms and Conditions "we" and "us" mean Mystical Presents which is a subsidiary of Mystical Vampire Vixens & Ians Somerhalder Australia
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Australian Sales Only
We only sell and ship Products within Australia. We will not make deliveries outside of Australia.
Legal Capacity To Transact
If you are under the age eighteen (18) years you can not place orders Mystical Presents.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
MYSTICAL PRESENTS will not suffer any damage or other losses as a result of a transaction entered into by a minor, MYSTICAL PRESENTS reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with MYSTICAL PRESENTS.
Placing Your Order
You may place an Order by filling in the Order Form on the MYSTICAL PRESENTS Web Site and clicking the "Submit My Order" button.
When you place your Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
Information contained on the MYSTICAL PRESENTS website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however MYSTICAL PRESENTS will make every effort to supply Products to you.
Payment Methods and Processing
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding NSW Public holidays.
MYSTICAL PRESENTS purchases include GST unless otherwise stated on a Product listing.
MYSTICAL PRESENTS always seeks to list Products with the most competitive prices.
MYSTICAL PRESENTS reserves the right to change prices for Products displayed at MYSTICAL PRESENTS at any time.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
Delivery Of Your Products
Delivery time takes up to 5 working days from the date your payment is received.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.
Title and risk of loss to all Products will pass to you on delivery.
Your Rights To Return A Product
No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.
Dead On Arrival Products - "DOA"
A MYSTICAL PRESENTS Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.
A MYSTICAL PRESENTS Customer Service member will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product.
Refunds will only be offered where a replacement Product can not be provided.
Where MYSTICAL PRESENTS has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of MYSTICAL PRESENTS.
If the Product is deemed by Customer Services NOT to be DOA, MYSTICAL PRESENTS may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.
When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.
When a refund is given, the returned DOA Product becomes our property.
MYSTICAL PRESENTS reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer,MYSTICAL PRESENTS will impose a $35 handling and administration fee.
Product Problems After Delivery
If your item arrives DOA (Dead On Arrival) or you find a defect arises after delivery and a valid claim is received by Customer Service within 30 days of delivery, MYSTICAL PRESENTS will exchange the Product where possible, or refund you the purchase price of the Product. Should you contact us outside the 30 day period customer service management will consider each claim on a case by case basis on its merits.
Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 30 days from dispatch.
We will make arrangements with you for the return of the Product.
The delivery time for replacing the Product will be the same as stated for the original Product.
Replacement Products are provided with the same Warranty as the returned Product.
Return Authorisation Number
A Return Authorisation Number (RAN) is required for both replacement Products and refunds.
Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with a RAN. Products can not be returned without a RAN. The Product should be returned to MYSTICAL PRESENTS within 30 calendar days of the issuance of the RAN. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.
Organising the Return of DOA Products
DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.
Where you have received a DOA Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you.
When a Replacement Product is arranged
A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.
The delivery time for the replacement Product will be the same as stated for the original DOA Product.
Replacement Products are provided with the same Limited Warranty as the DOA Product.
When a Refund is arranged
Refunds include all shipping and associated costs for the DOA Product.
No refund will be given to you until MYSTICAL PRESENTS has received the DOA Product from you.
Refunds will be issued by cheque or a credit to "Your Account" with MYSTICAL PRESENTS
Where a credit is organised for "Your Account" you have the option of cashing-out "Your Account" at any time.
All items advertised and sold have manufacturer’s full warranty. We would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other MYSTICAL PRESENTS Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other MYSTICAL PRESENTS Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of MYSTICAL PRESENTS. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in MYSTICAL PRESENST for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option MYSTICAL PRESENTS, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
MYSTICAL PRESENTS reserves the right to change the Terms and Conditions of sale at any time.
No MYSTICAL PRESENTS employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
MYSTICAL PRESENTS shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of MYSTICAL PRESENTS, and MYSTICAL PRESENTS shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.