Terms and Conditions

    1. You
    1. These terms ("Terms"):
      1. comprise a binding agreement between you as the user of the Website, and MITCHELL & NESS®; and
      2. governs your use of any website or sub-domains on this primary domain including any forms and payment systems (collectively, “Website”
    2. You should read and understand these terms before you use or continue to use the Website.
    3. By continuing to use the Website, you acknowledge and agree that you:
      1. have had sufficient chance to read and understand these Terms; and
      2. agree to be bound by all of these Terms without alteration.
    1. The Website may contain links to sites on the world wide web owned and operated by third parties and which are not under MITCHELL & NESS®’s control (“Linked Sites”).
    2. In relation to Linked Sites, MITCHELL & NESS®:
      1. provides the links to Linked Sites as a convenience to you;
      2. the existence of a link to Linked Sites does not imply any endorsement by MITCHELL & NESS® of:
        1. the Other Site; or
        2. products being offered on the Other Site; and
      3. is not responsible for the material contained on those Linked Sites.
    3. You should seek your own advice before deciding to acquire any products from Linked Sites.
    1. MITCHELL & NESS® must comply with:
      1. the Warranty and Returns Policy; and
      2. the Privacy Policy.
    1. Subject to the Law, MITCHELL & NESS® gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the System or information contained on the Website and/or Linked Sites.
    2. To the full extent permitted by law, MITCHELL AND NESS® disclaims any and all warranties, express or implied, regarding:
      1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website, the System and/or of any Linked Sites; and
      2. merchantability or fitness for any particular purpose of the System or any service or product contained or referred to on the Website and/or on any Linked Sites.
    3. MITCHELL & NESS® does not warrant guarantee or make any representation that:
      1. the Website, the Website server or Linked Sites are free of software viruses;
      2. the functions contained in any software contained on the Website or Linked Sites will operate uninterrupted or are error-free; and
      3. errors and defects in the Website or Linked Sites will be corrected.
    4. MITCHELL & NESS® is not liable to you for:
      1. errors or omissions in the Website or Linked Sites; or
      2. delays to, interruptions of or cessation of the services provided in the Website, the System or Linked Sites, whether caused through negligence of MITCHELL & NESS®, its employees or independent contractors, or through any other cause.
    5. By accessing or using this Website, the System or Linked Sites you accept sole responsibility and risk associated with the use of information or products contained in this Website or Linked Sites.
    1. MITCHELL & NESS® may terminate access to the Website at any time without giving any explanation or justification for the termination of access.
    2. MITCHELL & NESS® has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
    3. MITCHELL & NESS® reserves the right to revise these Terms:
      1. with or without further notice to you; and
      2. without giving you any explanation or justification for such change.
    4. By using the Website you agree to be bound by all revisions and you should therefore periodically visit this page to determine the then current terms which govern your relationship with MITCHELL & NESS®.
    1. Severance
      1. If any provision of these Terms is invalid, unlawful, void or unenforceable it will be taken to have been severed without affecting any other of the provisions of these Terms.
    2. Duration of provisions
      1. The covenants, rights, entitlements, duties, warranties, conditions, provisions, undertakings, and obligations contained in these Terms do not merge upon termination of your relationship with MITCHELL & NESS®.
    3. Governing law
      1. These Terms are governed by the laws of the State of Victoria, except to the extent to which they are overridden by Commonwealth laws (“Law”).
      2. The parties submit to the jurisdiction of the courts of the State of Victoria
    1. In this document including the background, and any appendices and/or schedules, except where the context otherwise requires:
      1. another grammatical form of a defined word or expression has a corresponding meaning;
      2. the meaning of general words is not limited by specific examples introduced by ”including”, “for example” or similar expressions;
      3. the singular includes the plural and vice versa, and a gender includes other genders;
      4. a reference to a party is to a party to this document, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes; and
      5. a reference to any thing includes any part of that thing and a reference to a group of things or persons includes each thing or person in that group.
    1. Mitchell & Ness may offer discount codes in relation to certain promotions. Discount codes cannot be used in conjunction with any other discount or promotion unless specified otherwise.
    1. MITCHELL & NESS® Gift Cards are only redeemable for goods at mitchellandness.com.au and are not redeemable for goods at any other website or retailer who stock MITCHELL & NESS® products.
    2. Redemption
      1. Amounts shown on MITCHELL & NESS® Gift Cards are in Australian Dollars (AUD) and the dollar value includes GST. Value redeemed is deducted from the Card Balance.
      2. MITCHELL & NESS® Gift Cards cannot be refunded or used to obtain cash.
      3. To redeem your MITCHELL & NESS® Gift Card at mitchellandness.com.au, enter your 16-character redemption code and APPLY during checkout. You will note the Gift Card amount has been subtracted from the Total of the Transaction. The transaction will be completed when the goods are packed and processed. No change will be given: any remaining balance on the card can only be used in whole or part against future purchases.
      4. No discount or promotion can be applied to purchase a gift card.
      5. A MITCHELL & NESS® Gift Card is valid for three (3) years from the date of purchase. To check the status of your gift card, please contact info@mitchellandness.com.au, and provide your gift card number.
    3. Loss or damage
      1. To the extent permitted by law, our liability is limited to replacing faulty gift cards.
      2. We will not replace any lost or stolen gift cards, or gift cards damaged by acts or omissions of you or a third party.
      3. If your gift card is lost or stolen, you should immediately contact us so we can cancel the gift card. This does not oblige us to replace your lost or stolen gift card.
      4. Treat your Gift Card like cash. Lost or stolen cards will not be replaced or refunded.
    4. Liability
      1. We are not liable to you or anyone else for any losses suffered or incurred due to a delay in delivery of your gift card.
      2. We reserve the right to cancel any gift card for any reason and at any time, without notice to you. If we do so, we will provide you with a refund or a replacement gift card equal to the balance on the cancelled gift card, unless the reason for cancellation was for suspicions of fraud or illegal activity.
    5. Refunds
      1. All refunds will be processed via the original payment method. If you would like to return a product that was purchased using a MITCHELL & NESS® Gift Card, your refund will be credited in the form of another MITCHELL & NESS® Gift Card. Costs of delivery, if any, will not be included in the refund.
      2. Your MITCHELL & NESS® Gift Card may only be used to make purchases up to the initial Gift Card value or the remaining Gift Card value. If you wish to make a purchase for an amount that exceeds the Gift Card value or the remaining Gift Card value, you must pay the excess using another payment method.
    6. Variations
      1. We may vary these terms and conditions from time to time.
      2. Any variations will be effective upon the posting of the revised terms and conditions on our website.
      3. Your continued use of a Gift card after the posting of the revised terms and conditions constitutes your agreement to the revised terms and conditions.
  11.  MITCHELL & NESS® Brand Survey Giveaway 

    1. MITCHELL & NESS® Contest Submission Period (the “Contest”) begins on October 5th, 2023, at 9:00 am AEST and ends on October 22th , 2023, at 11:59 p.m. AEST.
    2. The winner will be contacted via email by a member of the MITCHELL & NESS® team. 
    3. Eligibility: The Contest is open to legal residents of Australia and it's 8 states and territories, who are eighteen (18) years of age or older as of September 14th, 2023. Void wherever prohibited, taxed or restricted by law. The Contest is subject to all federal, state and local laws and regulations. Employees and representatives of MITCHELL & NESS®, its licensees and their respective affiliates, parents, subsidiaries and advertising, promotion, publicity, production and judging agencies (collectively, the “Contest Entities”), and their immediate family members and those with whom any of the above is domiciled (whether related or not), are not eligible to enter or win. 
    4. How to Enter/How to win: Simply enter your details into the required fields on the Brand Survey. One entry per person. 
    5. Submission Guidelines: MITCHELL & NESS® management team will randomly select one winner from the submitted entries. 
    6. Additional Terms and Conditions. By registering to the competition and submitting your personal details, you hereby accept all Terms and Conditions and agree to grant MITCHELL & NESS® and its associated and affiliated companies the right to access the personal information you have provided. 
    7. Notice to online entrants: any attempt by an individual to deliberately damage any web site or undermine the legitimate operation of this application is a violation of laws, and should such an attempt be made, promoter reserves the right to seek damages from any such individual to the fullest extent permitted by law. 
    8. The entries and prizes are personal and non-transferable. No cash alternative or other prize alternatives are available except that in the event of unforeseen circumstances out of its control, MITCHELL & NESS® reserves the right to offer an alternative prize of greater or equal value. The winner(s) will be notified via email. If the winner(s) cannot be contacted by midday October 13th AEST after notification, the original winner(s) will forfeit the Grand Prize and MITCHELL & NESS® reserves the right to select an alternate. 
    9. Competition prize winners will be notified of the competition result by email (if address is asked for/provided) no more than 7 days following the closing date of the competition and will receive their prizes no more than 30 days following that closing date. 
    10. By participating in the Contest, you agree that no claim shall be asserted against MITCHELL & NESS®, its parent company, affiliates, directors, officers, employers or agents in respect of any and all losses or injuries (including without limitation special, indirect or consequential losses), damages, rights, claims or actions of any kind whatsoever that result from your acceptance of the prize to the full extent permissible in law. 
    11. MITCHELL & NESS® is not responsible for any problems or technical malfunction of any computer on-line systems, servers, or providers, computer equipment, software failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or a combination thereof, including any injury or damage to a Participant’s or any other person’s computer or mobile telephone related to or resulting from participation in relation to the promotion.
  1.  The MITCHELL & NESS® text message service is operated by MITCHELL & NESS®. Your use of this service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the service following the effective date of any such changes shall constitute your acceptance of such changes.
  2.  By consenting to MITCHELL & NESS®’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of MITCHELL & NESS® through your provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
  3.  You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with MITCHELL & NESS®. Your participation in this program is completely voluntary.
  4.  We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your provider.
  5.  You may opt-out of the Service at any time. Text the single keyword command STOP to +61 481 609 942 or click the unsubscribe link (where available) in any text message to cancel. If you have subscribed to other MITCHELL & NESS® mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
  6.  For Service support or assistance, text +61 481 609 942 or email info@mitchellandness.com.au. We may change any short code or telephone number we use to operate the service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
  7.  The carriers supported by the service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
  8.  To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.
  9.  We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.