Terms of service

Terms of Service

Overview

This website is operated by Missless.

Throughout these Terms of Service, the terms “Missless”, “we”, “us” and “our” refer to the operator of the Missless website and store.

Missless provides this website, including the information, content, features, tools, products and services available through it, to you subject to these Terms of Service.

Our online store is hosted by Shopify, which provides the ecommerce platform that allows us to offer our products and services to you.

These Terms of Service, together with our Privacy Policy, Refund and Returns Policy, Shipping Policy, and Subscription and Cancellation Policy, govern your access to and use of our website and services.

By accessing our website, creating an account, placing an order or using any part of our services, you agree to these Terms of Service.

Please do not use our website or purchase our products if you do not agree to these Terms.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

1. Eligibility and accounts

You must be at least 18 years old, or have the involvement and consent of a parent or legal guardian, to place an order through our website.

When creating an account or placing an order, you agree to provide information that is accurate, current and complete.

You are responsible for:

keeping your account credentials secure;
activity conducted through your account;
keeping your email address, payment details and delivery information current; and
promptly notifying us if you believe your account has been accessed without permission.

You must not sell, transfer, assign or provide another person with access to your account.

We may suspend or close an account where we reasonably believe it has been used fraudulently, unlawfully or in breach of these Terms.

2. Our products and services

Missless offers greeting cards, card packs, personalised products, scheduled card services, subscriptions and other related products or services.

Product availability, designs, inclusions, prices and descriptions may change from time to time.

We may:

introduce or discontinue a product;
limit available quantities;
limit sales to particular locations;
update product designs or packaging; or
refuse unusually large or suspected resale orders.

Any decision to limit or refuse an order will be made reasonably and in accordance with applicable law.

3. Product images and colours

We make reasonable efforts to display our products accurately.

However, colours and appearance may vary slightly because of:

screen settings;
device displays;
lighting;
printing processes;
paper stock;
cropping or image scaling; and
normal production variations.

Minor differences that do not materially affect the product are not necessarily faults.

Nothing in this section limits your rights where a product is materially different from its description or does not comply with an applicable consumer guarantee.

4. Personalised and custom products

Many Missless products are prepared for a particular customer or recipient.

Personalised or custom products may include:

handwritten or printed messages;
recipient names;
sender names;
dates;
photographs;
customer-selected wording;
business branding;
delivery instructions;
customised designs; and
cards selected or scheduled for a particular occasion.

You are responsible for reviewing all information before submitting your order.

This includes checking:

spelling;
punctuation;
names;
dates;
addresses;
card selections;
personal messages;
uploaded images; and
recipient details.

A product is not faulty merely because it accurately reproduces incorrect information submitted or approved by you.

Where an error results from information supplied by you, we may offer a replacement or correction at your cost, but we are not required to do so unless required by law.

5. Customer-supplied messages and content

You retain ownership of messages, images and other content you provide to Missless.

You give us a limited permission to use, reproduce, format, print, write, process and transmit that content only as reasonably necessary to:

prepare your order;
provide the requested service;
deliver the product to the recipient;
provide customer support; and
meet our legal and administrative obligations.

You must ensure you have the right to provide and use any content submitted to us.

You must not submit content that:

infringes another person’s copyright, trademark, privacy or other rights;
is unlawful, threatening, abusive or seriously offensive;
contains discriminatory, defamatory or deceptive material;
promotes violence or illegal activity;
contains malicious software; or
could reasonably expose Missless or another person to legal liability.

We may refuse or cancel an order containing content that we reasonably believe breaches this section.

Where we cancel an order before production because of prohibited content, we will refund amounts paid for the unfulfilled product, less any reasonable and unavoidable costs already incurred where permitted by law.

6. Orders and acceptance

When you place an order, you are offering to purchase the selected products or services on these Terms.

An automated order confirmation acknowledges that we have received your order. It does not necessarily mean that we have accepted it.

An order is accepted when we:

expressly confirm acceptance;
begin preparing or producing it; or
dispatch it,

whichever occurs first.

We may reasonably decline or cancel an order where:

a product is unavailable;
pricing or product information contains an obvious error;
payment cannot be processed;
we suspect fraud or unauthorised payment;
the order breaches these Terms;
customer-supplied content breaches section 5; or
we cannot fulfil the order as requested.

Where we cancel an order, we will notify you and refund amounts paid for products or services that will not be supplied, except to the extent otherwise permitted by law.

7. Changes and cancellations

Please review your order carefully before completing payment.

We may be able to change or cancel an order where preparation has not begun. However, changes and cancellations are not guaranteed.

Once a card or product has been:

handwritten;
personalised;
printed;
addressed;
placed into production;
packaged;
prepared for a particular recipient; or
dispatched,

it ordinarily cannot be changed, cancelled or refunded for change of mind.

Approved cancellation refunds may be reduced by reasonable costs already incurred, except where prohibited by law.

Your rights under the Australian Consumer Law continue to apply.

8. Prices and taxes

Unless stated otherwise:

prices displayed on our Australian website are in Australian dollars;
prices include GST where applicable; and
shipping charges are calculated separately and displayed at checkout.

The price payable is the price displayed at checkout when the order is submitted, subject to the correction of obvious errors.

We may change prices at any time. Price changes will not ordinarily affect an order already accepted.

Promotional discounts:

may be subject to separate terms;
cannot be redeemed for cash;
may have an expiry date;
may be limited to one use per customer or order; and
generally cannot be combined unless expressly stated.

9. Payment

You agree to provide accurate and complete billing and payment information.

By submitting payment details, you confirm that:

you are authorised to use the payment method;
the payment information is accurate;
sufficient funds or credit are available; and
you authorise the applicable charge.

Payments may be processed by Shopify Payments or another third-party payment provider.

Your use of a third-party payment service may also be subject to that provider’s terms and privacy practices.

We do not directly store complete payment card details.

10. Subscriptions

Some Missless products or services may be offered as recurring subscriptions.

When purchasing a subscription, you authorise us or our payment provider to charge your selected payment method at the price and frequency disclosed at checkout.

The subscription’s:

price;
billing frequency;
card allowance;
delivery frequency;
minimum commitment, if any; and
other material inclusions

will be displayed before you subscribe.

Unless expressly described as a fixed-term subscription that does not renew, subscriptions continue and renew automatically until cancelled.

You may cancel your subscription before the next renewal through the subscription-management link provided in your account or order emails, or by contacting us.

Your cancellation will take effect for future renewals.

Cancelling after a renewal payment has been processed does not automatically cancel or refund an order that has already entered preparation.

Cards that have already been personalised, written, printed, addressed, packaged or otherwise prepared for you or a recipient cannot ordinarily be cancelled or refunded for change of mind.

Further information is contained in our Subscription and Cancellation Policy.

11. Scheduled cards and recipient information

Where you use Missless to arrange cards for future occasions, you are responsible for maintaining accurate:

occasion dates;
recipient names;
delivery addresses;
selected cards;
messages; and
delivery instructions.

You should submit changes as early as possible.

We cannot guarantee that changes submitted after preparation begins will be applied.

You acknowledge that delivery dates may be affected by weekends, public holidays, carrier networks, regional delivery schedules and events outside our reasonable control.

12. Shipping and delivery

Available shipping methods, charges and estimated delivery timeframes will be displayed at checkout or in our Shipping Policy.

Delivery timeframes are estimates and are not guaranteed unless we expressly agree otherwise.

We will take reasonable steps to prepare and dispatch orders within the stated processing timeframe.

We are not responsible for delays caused by events outside our reasonable control, including:

carrier disruptions;
severe weather;
natural disasters;
industrial action;
public holidays;
incorrect customer-supplied addresses;
failed delivery attempts; or
government or transport restrictions.

Nothing in this section excludes any right you may have where we fail to supply a product within a reasonable time or otherwise breach the Australian Consumer Law.

13. Incorrect delivery information

You are responsible for providing a complete and accurate delivery address.

We cannot guarantee that an address can be changed once an order has entered preparation or been dispatched.

Where an order is returned or requires redelivery because of an incorrect or incomplete address supplied by you, we may require payment of reasonable redelivery costs.

14. Risk and ownership

Ownership of a physical product passes to you when we receive full payment for it.

Risk in the product passes to you when the product is delivered to the address provided in your order, except to the extent otherwise provided by applicable law.

Where you authorise a carrier to leave an order unattended or redirect it, responsibility may pass in accordance with that authorisation and applicable law.

15. Returns and refunds

Returns, replacements and refunds are governed by our Refund and Returns Policy and the Australian Consumer Law.

We do not ordinarily provide refunds or exchanges because you:

changed your mind;
selected the wrong design;
entered incorrect details;
no longer need the product;
ordered too late for an occasion; or
made an error in customer-supplied wording.

This change-of-mind exclusion particularly applies to personalised products and cards already written, printed, addressed or prepared for a specific recipient.

However, you may be entitled to a remedy where a product:

is faulty;
is damaged before delivery;
is not of acceptable quality;
does not match its description;
is not fit for a disclosed purpose;
contains an error made by Missless; or
otherwise fails to meet a consumer guarantee.

Nothing in these Terms limits those rights.

16. Gift cards and store credits

Gift cards and store credits may be subject to additional terms displayed when issued.

Unless otherwise required by law:

gift cards cannot be exchanged for cash;
lost or stolen gift cards may not be replaced;
gift cards must not be obtained or used fraudulently; and
promotional credits may expire on the date disclosed when issued.

Any mandatory minimum expiry period under Australian law will apply.

17. Intellectual property

Unless otherwise stated, the website and its original content are owned by or licensed to Missless.

This includes:

the Missless name and branding;
logos;
website text;
card designs;
illustrations;
graphics;
photographs;
videos;
product descriptions;
page layouts; and
software or website features.

You may access and use the website for personal, non-commercial shopping purposes.

You must not, without our prior written permission:

copy or reproduce our card designs;
modify or create derivative works from our content;
use our content for commercial purposes;
sell or redistribute our content;
scrape or systematically extract website content;
remove copyright or ownership notices; or
use our branding in a way that suggests an association or endorsement.

Nothing in these Terms transfers our intellectual property rights to you.

18. Reviews, feedback and submissions

Where you submit a product review, testimonial, suggestion or other feedback, you retain ownership of your submission.

You give Missless a non-exclusive, worldwide, royalty-free licence to reproduce, publish, display, format and use that submission for operating, improving and promoting our business.

Where reasonably practicable, we will not publicly disclose private information such as your home address, payment information or personal correspondence without permission.

You confirm that your submission:

is truthful and reflects your genuine experience;
does not infringe another person’s rights;
does not contain confidential information you are not authorised to disclose; and
is not unlawful, defamatory, abusive or misleading.

We may moderate or remove submissions that reasonably breach these requirements.

We will not remove or suppress a genuine negative review merely because it is unfavourable.

19. Third-party services and links

Our website may use or link to services operated by third parties, including:

Shopify;
payment providers;
shipping carriers;
analytics providers;
social media platforms; and
subscription-management applications.

We do not control every third-party website or service and are not responsible for unrelated third-party content, products or conduct.

Before using a third-party service, you should review its applicable terms and privacy policy.

Nothing in this section excludes responsibility that cannot lawfully be excluded.

20. Shopify

Our store is hosted by Shopify.

Purchases from Missless are transactions between you and Missless, not between you and Shopify.

Shopify provides ecommerce technology and may process information as described in our Privacy Policy and Shopify’s own privacy documentation.

Shopify is not the seller of Missless products and is not responsible for fulfilling your order.

21. Privacy

We handle personal information in accordance with our Privacy Policy and applicable privacy laws.

Because our store is hosted by Shopify, information may be processed by Shopify and other service providers that assist us with:

payments;
order fulfilment;
website hosting;
communications;
analytics;
subscriptions; and
customer support.

Some service providers may process information outside Australia.

Please review our Privacy Policy for further information.

22. Website availability

We aim to keep our website accessible and functioning properly.

However, we do not guarantee that the website will always be uninterrupted, secure or error-free.

We may suspend access for maintenance, security, technical or operational reasons.

We are not responsible for temporary disruptions outside our reasonable control, but nothing in this section limits any non-excludable legal right.

23. Errors and corrections

Website information may occasionally contain typographical errors, inaccuracies or omissions relating to:

pricing;
product descriptions;
promotions;
shipping charges;
delivery estimates; or
availability.

We may correct errors and update information.

Where an obvious error affects an order already placed, we may contact you to offer:

fulfilment on the corrected terms;
a reasonable alternative; or
cancellation and a refund.

We will not use this section to avoid an order merely because the agreed transaction later becomes less favourable to us.

24. Prohibited use

You must not use our website or services:

for an unlawful or fraudulent purpose;
to infringe another person’s rights;
to submit malicious code;
to interfere with the website’s security or operation;
to impersonate another person;
to obtain unauthorised access to accounts or systems;
to collect personal information unlawfully;
to submit false or misleading information;
to harass or threaten another person; or
to place orders using stolen or unauthorised payment details.

You must not use automated systems to access or extract substantial content from our website where doing so places an unreasonable load on the website, circumvents security measures or infringes our rights.

25. Suspension and termination

We may suspend or terminate your account or access where we reasonably believe that you:

materially breached these Terms;
used the website unlawfully;
engaged in fraud;
threatened the security of the website; or
repeatedly misused our services.

Where appropriate, we will provide notice and an opportunity to address the issue.

Termination does not affect rights or obligations that arose before termination.

26. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms is intended to exclude, restrict or modify:

a consumer guarantee;
a right or remedy;
a warranty implied by law; or
any liability

where doing so would be unlawful.

Where liability can lawfully be limited, our liability will be limited only to the extent permitted by law.

27. Liability

To the maximum extent permitted by law, Missless is not liable for indirect or consequential loss that was not reasonably foreseeable when you purchased the product or service.

We are not responsible for loss caused by:

incorrect information supplied by you;
misuse of a product;
unauthorised access resulting from your failure to secure your account;
events outside our reasonable control; or
third-party services that we do not control,

except where the loss results from our negligence, breach of contract or breach of applicable law.

This section does not exclude or limit liability for:

fraud;
wilful misconduct;
personal injury caused by negligence;
breach of a non-excludable consumer guarantee; or
any other liability that cannot legally be excluded.

28. Indemnity

You are responsible for loss reasonably suffered by Missless as a direct result of:

your unlawful use of the website;
your material breach of these Terms;
your infringement of another person’s rights; or
content you provide without the necessary authority.

This responsibility does not apply to the extent that the loss was caused or contributed to by Missless.

29. Events outside our control

Neither party will be responsible for delay or failure caused by an event outside that party’s reasonable control.

This may include:

natural disasters;
severe weather;
fire;
flood;
war;
civil unrest;
industrial action;
widespread carrier disruption;
government restrictions;
telecommunications failure; or
major technology outages.

The affected party must take reasonable steps to minimise the impact.

This section does not require you to pay for products or services that will not be supplied, subject to applicable law.

30. Changes to these Terms

We may update these Terms from time to time to reflect changes to:

our products or services;
our business practices;
technology;
payment or fulfilment providers; or
legal requirements.

The current version will be posted on this page with an updated effective date.

Material changes will apply prospectively.

Where a material change affects an active subscription, we will provide reasonable notice where required and allow you to cancel before the change takes effect.

31. Severability

If any part of these Terms is found to be unlawful, invalid or unenforceable, that part will be read down to the minimum extent necessary or severed.

The remaining Terms will continue to apply.

32. No waiver

If we do not immediately enforce a right under these Terms, that does not mean we have waived that right.

A waiver is effective only where it is clearly given.

33. Assignment

You may not transfer your rights or obligations under these Terms without our written consent.

We may transfer our rights or obligations as part of a genuine sale, restructure or transfer of our business, provided that doing so does not materially reduce your rights.

34. Entire agreement

These Terms and the policies expressly referred to in them form the agreement between you and Missless concerning your use of the website and purchase of our products and services.

They do not exclude representations or rights that cannot lawfully be excluded.