terms & conditions
Midasshoes.com.au is the shopping website of Midas Shoes Pty Limited (Website) that allows consumers to browse, select and purchase products from Midas Shoes Pty Ltd ABN 58 075 876 425 (Midas).
Use of the Midas Website is subject to acceptance of these Terms and Conditions.
DISCLAIMER AND LIABILITY
Every effort has been made to ensure the information contained on the Website is correct, however Midas makes no warranty as to the accuracy, comprehensiveness, or correctness of any products on the Website, and provides all products on an "as is" basis.
Midas, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
In order to purchase products from the Website, you will need to create a Midas account prior to making a purchase. You must also create a Midas account to engage with the Midas community to make comments on our Website.
As an account holder you are required to provide Midas with accurate personal information including a valid email address. Provision of another person’s details as your own will not be deemed acceptable.
As an aide to fraud prevention we may require proof of identification of the cardholder prior to releasing the order.
We mainly communicate through email, if you wish to unsubscribe please click the unsubscribe link at the bottom of each promotional email and we will opt you out of the mailing list without any cost. If you continue to receive unwanted emails please contact Customer Service immediately.
CREDIT CARD INFORMATION & PAYMENT
Credit card information collected for the purpose of payment of products purchased at Midas will be stored securely using a PCI DSS compliant solution.
Credit card information will be masked on your account and will not be visible to Midas Customer Service operators.
Provision of credit card information as payment for the product/s constitutes an agreement for your purchase of the selected product/s.
You must not pay or attempt to pay for product/s using fraudulent credit card information.
SECURITY OF YOUR ACCOUNT
If you create an account with Midas you will be required to provide a password. You acknowledge that you are solely responsible for maintaining the security of your password.
Each time you use the password, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms & Conditions. This means that you are responsible for any products purchased using your account details.
You must notify Midas if at any time you believe someone has access to your password.
REVIEWS AND COMMENTS
You may post reviews and make comments on the content on our Website. The content however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of "spam." Midas reserves the right to remove such content at any time, and without notice to you.
If you post content, and unless we indicate otherwise, you grant Midas a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on its Website and on any other marketing material Midas may create.
If you opt out of the Post a review email it will unsubscribe you from those communications only. The user will still get the promotional emails if subscribed but will not get the review email for the purchased product.
PRICING AND GST
All prices on the Website are quoted in Australian dollars and include GST.
Purchases made from New Zealand and delivered to New Zealand do not include GST.
All prices are subject to change. All prices displayed on this Website are only valid online at the time shown.
Midas attempts to present the availability of stock accurately however stock availability constantly varies and is only valid at the time shown.
If an ordered item isn't available or we are unable to fulfill your order we may attempt to arrange an alternative item or will provide a full refund.
For more information please see our Delivery Policy page.
Once you have placed your order, Midas are unable to cancel, add, remove or make changes to your order including your delivery details, items, colours, sizes or removing the items from your order.
Midas also reserves the right to cancel your order if:
- You provide an unauthorised credit card
- We are unable to process payment on the credit card provided
- You provide invalid personal details
- If, when required, you cannot provide acceptable proof of identity
- The product has become unavailable
- If, for any reason, we don't reasonably believe we can successfully complete delivery
Midas will attempt to notify you before cancelling your order.
SUSPENSION, TERMINATION AND EFFECT OF TERMINATION
If you breach these terms and conditions, Midas reserves the right to suspend or terminate your account at any time without prior notice to you. If your account is suspended or terminated, you will not be able to access the Website.
If you are awaiting delivery of products, Midas reserves the right to cancel your order. A refund may be issued to the credit card provided during the purchase process.
For information on delivery, please see our Delivery Policy page.
Midas offers a 30-Day Return Policy. This policy includes rights you are entitled to under the Australian Consumer Law.
For returns details please see the Return Policy.
For returns from countries other than Australia, of shoes purchased at Midas, the cost of shipping must be paid in full by you prior to acceptance by Midas.
If the product is faulty when you receive it you may choose to return the product to Midas for a full refund. Faults will be assessed by our Customer Service Team and we may also consult with the supplier or manufacturer. If the product is found to be faulty you will receive a full refund.
For more information on our returns policy, please see our Returns Policy.
Refunds will only be issued in accordance with our returns policy and will only be made to the original account used for payment. In some limited circumstances we may make a refund to an alternate account if the original has been cancelled or is not available.
Midas will not consider requests for refunds after 30 days of purchase unless the product is deemed faulty by our Customer Service operator.
If you used a voucher with a minimum spend on an order and wish to return one of the items in that order please note the following:
- Should the return of an item cause the total value of the non-returned items to be less than the minimum spend of the voucher, you will receive a refund for the item value less the voucher amount. This is because the voucher is no longer eligible to be used on the order as it does not meet the minimum spend requirement.
- Should the total value of the non-returned items be greater than the minimum spend, the voucher will be applied to the remaining total value of the order and you will receive a refund for the item/s returned.
For more information on refunds, please see our Returns Policy.
LOSS OF GOODS
The risk of loss of goods shall be passed to you upon our delivery of the product to Midas's nominated delivery company. In the case of New Zealand deliveries you authorise for the goods to be left at your specified address and your order will have been taken to be delivered as if they had been signed for. Midas will not be held responsible for any loss, damage or liability as a result of this authority.
The Website may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such other website.
- Vouchers are issued in Australian dollars (AUD).
- Vouchers are issued on a one-time use per customer and are taken off the total invoice amount.
- Limit of one voucher per order can be used.
- Vouchers are not applicable to sale items unless stated otherwise.
- No cash redemption for a voucher code is possible.
- To redeem a voucher code, enter it at the checkout under "Voucher Code" and click "Apply".
- If you return an item that was purchased using a voucher, you will be issued a new voucher provided that the item is returned before the voucher expiry date.
This contract will be governed by the laws of Victoria, Australia. Any dispute arising out of your use of the Website, or the products purchased on it, will be subject to the exclusive courts of that jurisdiction.
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. Midas makes no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.
All information, text, material, graphics, software and advertisements on the Website are Copyright (c) of Midas its suppliers and/or licensors, unless expressly indicated as otherwise.
The Website content is protected by Australian and international copyright and trade mark laws.
You must not modify, copy or distribute the Website content in any way except as expressly provided for on the website or expressly authorised in writing by Midas.
You must not frame or embed in another website any of the material appearing on this website without our prior written consent.
You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this Website and for no other purpose.
CHANGES TO TERMS AND CONDITIONS
Midas reserves the right to change these Terms and Conditions of its service without informing you. You should check our Website regularly for any updated Terms and Conditions.
The Terms and Conditions for existing orders shall be upheld by Midas.
You can find our contact details on our Contact Us page.
Terms and Conditions of Munro Footwear Group Customer Feedback Promotion
- Information on how to enter and the prize form part of these Terms and Conditions. Participation in Munro Footwear Group Customer Feedback Competition ("Competition") is deemed acceptance of these Terms and Conditions.
- The promoter is Feedback ASAP Pty Ltd (ABN 53 146 056 331) Level 3, 24 Albert Road South Melbourne 3205.
- The period of this Competition begins at 12:00:00am (AEST) on 1st of July 2019 and ends at 11:59:59pm (AEDT) on 30th September 2019. (“Competition Period”).
Eligibility to Enter
- Entry is only open to Australian residents aged 18 years and over who are current and former customers of Munro Footwear Group brands which include Midas, Mollini, Cinori, Mounfords, Wanted, Williams, Mathers, Diana Ferrari and Big Brand Shoe Clearance have received a promotional SMS or email from the Promoter.
- Employees (and their Immediate Family Members) of the Promoter or of Munro Footwear Group, or any related body corporate of the Promoter or Munro Footwear Group as well as any agency associated with this Competition are ineligible to enter. Immediate Family Members means any of the following: spouse, ex-spouse, de-facto, ex-de-facto, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
How to Enter
- To enter the Competition, an eligible entrant must complete one of the following mechanics during the Promotional Period:
(A) SMS Entry: (i) reply to the SMS that they receive from the Promoter with the word ‘YES’ in their reply SMS to receive an instant automatic call back. The automatic call back will be an automated phone survey; and (ii) answer all questions in the automated phone survey as prompted. SMS entry cost will vary dependent on the mobile network used but will not exceed 55c. SMS entries via the Internet are ineligible.
(B) 1800 Entry: (i) call the designated 1800 number sent to them in the SMS they receive from the Promoter; and (ii) answer all questions in the automated phone survey as prompted including their contact phone number (mobile phone number). The entry when calling the 1800 number is free from a landline.
(C) Website Entry: (i) click on the link provided in the email or sms that they receive from the Promoter https://surveys.esurveys.com.au/feedbackasap/xxxxxxxx?customer_email to be directed to the promotional website; and (ii) input the requested personal details and answer all the questions in the survey as prompted on the promotional website and submit the fully completed survey.
- For the sake of clarity, the entrant will be the person whose name is registered on the Munro Footwear Group brands (Midas, Mollini, Cinori, Mounfords, Wanted, Williams, Mathers, Diana Ferrari and Big Brand Shoe Clearance) account relevant to the mobile phone number submitted on entry (for 1800 entry), the mobile phone used to enter (for SMS entry), or email address (Website Entry)
- Only one (1) entry permitted per feedback request.
- Entries open and close for the draws on the dates and times specified in the table below. The prize draws will be conducted by Feedback ASAP Pty Ltd Level 10, 380 St Kilda Road 3004 at 11:00am AEDT on the dates specified in the table below
1 July 2019
11:59:59pm (AEST) on 31 July 2019
8 August 2019
1 August 2019
11:59:59pm (AEST) on 31 August 2019
9 September 2019
1 September 2019
11:59:59pm (AEST) on 30 September
8 October 2019
10. The winner of each prize draw period will be notified by telephone or email within two (2) days of the draw. If the winner is located in the ACT they will be contacted by mail. The winner’s name will be published www.feedbackasap.com within 7 days of the relevant draw.
11. Each valid entry drawn from the prize draws will win a $1,000 VISA Gift Card.
12. The VISA Gift Card will be posted to the winner by registered mail and is valid for 12 months from the dates of card issue. The VISA Gift Card is subject to its terms of issue and may not be accepted by all retailers. The Promoter accepts no liability for a defective Gift Card however, if necessary, will provide reasonable assistance to a winner to ensure a replacement Visa Gift Card is provided.
13. Any ancillary costs associated with redeeming the Visa Gift Card not included. Any unused balance of the Visa Gift Card will not be awarded as cash. Redemption of the Visa Gift Card is subject to any terms and conditions of the issuer including those specified on the Visa Gift Card.
Unclaimed Prize Draw
14. If a prize is still unclaimed after three calendar months of the original prize draw, the Promoter will conduct a further draw for the prize, subject to any directions from any regulatory authority. The unclaimed prize draws will be conducted at the same time and place as the original draws. The dates for these additional draws would be on 8 October 2019 and 16 March 2020.
15. The winner of an unclaimed prize draw will be notified by telephone or email within two (2) days of the draw. If the winner is located in the ACT they will be contacted by mail. The winner's name will be published on www.feedbackasap.com within 7 days of the prize draw.
16. This is not a game of skill. The prize winners will be selected by Feedback ASAP Pty Ltd at random through an automatic selection process.
17. Incomplete entries will be deemed invalid and removed from the draws. The promoter's decision is final and no correspondence will be entered into.
18. The total value of the prize pool is AU$3,000.
19. The prize is not transferable or exchangeable and cannot be taken in any other form (including not being able to be taken as cash).
20. Subject to the unclaimed prize draw clause 14, if for any reason a winner does not take possession of their prize by the times stipulated by the Promoter, then the prize will be forfeited.
21. The draw will be conducted by Feedback ASAP, Level 3, 24 Albert Road South Melbourne 3205.
22. This Competition is authorised under: NSW permit no. LTPS/19/35229
23. Any entrant (who the Promoter automatically enters into the Competition when they provide Feedback) who no longer wishes to participate in the Competition can email firstname.lastname@example.org and request for their entry to be removed from the relevant draw.
Liability, Indemnity and Warranties
24. Subject to regulatory requirements, the Promoter may cancel, modify, suspend or delay the Promotion at any time if something happens that is beyond its reasonable control, including for any technical or operational reason or by reason of anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion.
25. Costs associated with completing the survey remain your responsibility and may vary depending on the telecommunications provider used.