Terms of Service

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted;
Our liability under these terms is limited to $100 or the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss;
We will have no liability for loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the products or a breach of the Terms or any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties; and
We may amend these Terms at any time by publishing updated terms on our Site;

Nothing in these terms limit your rights under the Australian Consumer Law.

1. Acceptance

(a) This website (Site) is operated by Mizuno Oceania Corporation Pty Ltd (ABN: 24 130 223 924) (we, our or us). It is available at: mizuno.com.au and may be available through other addresses or channels.

(b) By accessing and/or using the Site you:

(1) warrant to us that you have reviewed these terms and conditions (Terms) and you have read our Privacy Policy (available on the Site);

(2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us and are at least 18 years old; and

(3) agree to use the Site in accordance with the Terms.

2. Registration

(a) You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history, save your shipping address and keep a wish list. You agree to ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(b) When you make a purchase, you will be asked to input basic contact information such as your name, phone number, shipping address, billing address and payment details and if you choose to join team Mizuno by creating an account, you will also need to choose a password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

3. Orders

(a) You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including delivery and other applicable charges and taxes) at the time you place your order.

(b) We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(c) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

(d) It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.

(e) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

4. Price and Payments

(a) You agree to pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the product price.

(b) You agree to pay us the Price upfront using one of the payment methods set out on the Site, including through Afterpay or ZipPay. Only once the Price has been paid in full will your products be dispatched to you.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.

(d) Where we offer payment via a third party payment processor, such as PayPal, Afterpay or ZipPay, the payment may be subject to the third party payment processor’s terms and conditions.

(e) We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

5. Availability and Cancellation

(a) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose a different product, to receive a refund or to place your order on backorder. If you choose a refund, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.

(c) If you request your order to be cancelled prior to us dispatching the products, we will do our best to cancel the order and provide you with a refund.

6. Delivery, Title and Risk

(a) If possible we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide (unless our delivery company does not deliver to your area).

(b) Delivery costs and delivery periods are set out on the Site under Delivery & Returns.

(c) Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(d) If you need to change the delivery date or delivery address prior to us dispatching the products, please notify us immediately in writing and we will do our best to effect the change.

(e) We may deliver the products using a range of delivery methods such as Australia Post, Couriers Please, Australia Post Express, Toll and Direct Freight. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office.

(f) Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the products passes, you will be solely responsible for them.

7. Returns

Change of mind returns

(a) We offer exchanges (subject to stock availability) or refunds of products for change of mind where you have purchased products directly from our Site and where we determine (at our absolute discretion):

(1) you have provided the proof of purchase and you purchased the products within 30 days prior to the request for an exchange or refund (or 60 days if purchased within the month of December);

(2) the products are in their original condition and have not been used, worn, damaged, tampered with, washed or altered;

(3) the products are in their original undamaged packaging with all product tags still intact;

(4) the products are not labelled ‘final sale’ items, custom-made, special buy products or gift vouchers;

(5) the products and packaging are in as new and resalable condition;

(6) where the products are swimwear, the swimwear has not been worn unless tried on over underwear and any hygiene protections have not been removed; and

(7) you have followed the Online Returns Procedure set out on our Site under Delivery & Returns to make the exchange or return request.

(b) If you request an exchange or refund and the product does not meet the criteria set out in clause 7(a), we will return the product to you, at your cost.

Australian Consumer Law

(d) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(e) To make a claim under the Australian Consumer Law, you will need to contact us using the details at the bottom of these Terms or set out on our Site under Delivery & Returns.

(f) Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(g) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

8. Mobile Message Service

(a) We offer a mobile message service (Mobile Message Service). We may modify or cancel the Mobile Message Service or any of its features without notice to you. You may choose to opt in to the Mobile Message Service on the Site.

(b) You agree to receive recurring SMS/text messages with service-related and promotional messages, including updates, alerts, and information (e.g., order updates, account alerts, etc.) and promotions, specials, and other marketing offers (e.g., cart reminders) from and on behalf of us via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.

(c) 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 from us. Your participation in this program is completely voluntary.

(d) We do not charge for the Mobile Message Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

(e) You may opt-out of the Mobile Message Service at any time. Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Mizuno 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. For Mobile Message Service support or assistance, text HELP to +1 (866) 536-4178 or email [email protected].

(f) We may change any short code or telephone number we use to operate the Mobile Message 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 honouring requests made in such messages.

(g) The wireless carriers supported by the Mobile Message 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.

(h) 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 Mobile Message Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Message Service.

(i) Further information is contained in our Privacy Policy, available here: mizuno.com.au/pages/privacy-policy.

9. Conduct We Don’t Accept

(a) When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes:

(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(2) using our Site to defame, harass, threaten, menace or offend any person;

(3) interfering with any user of our Site;

(4) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(5) using our Site to send unsolicited electronic messages; or

(6) facilitating or assisting a third party to do any of the above acts.

10. Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, the Site and the products) will at all times vest, or remain vested, in us.

(b) We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

(1) copy or use, in whole or in part, any of our intellectual property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

11. Content

(a) Materials, articles and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

(b) Please note that our Content is factual information only, is not comprehensive and is for general information purposes only. Our Content is not health, medical or podiatric advice. You cannot rely on it as such. We use reasonable attempts to ensure the accuracy and completeness of our Content, we provide our Content in good faith, make no representation or warranty in relation to it, and are not liable for any loss arising from reliance on our Content.

12. Limitations

(a) Despite anything to the contrary, to the maximum extent permitted by law:

(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim or where no price was paid to us, $100; and

(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(1) loss of, or damage to, the products, or any injury or loss to any person;

(2) failure or delay in providing the Site or the products; or

(3) breach of the Terms or any law,

where caused or contributed to by any:

(4) event or circumstance beyond our reasonable control; or

(5) act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

(c) To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:

(1) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(2) access will be uninterrupted, error-free or free from viruses; or

(3) our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

13. Collection Notice

(a) We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders, for advertising and marketing and for other purposes set out in our Privacy Policy.

(b) We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(1) how we store and use your personal information;

(2) how you can access and seek correction of your personal information;

(3) how you can make a privacy-related complaint; and

(4) our complaint handling process.

(d) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

14. General

(a) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(b) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(c) Competitors: You are prohibited from using our Site, including our Content, in any way that competes with our business.

(d) Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by someone with authority to reach a resolution, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive the termination or expiry of these Terms.

(e) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(f) Feedback and complaints: We are always looking to improve our services and products. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(g) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(h) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email (or, where the time of transmission is not on a business day, 9am on the next business day).

(i) No Commercial Use: We’ve designed our Site for you to use personally, and not on a commercial basis. You must not use our Site, products, or any of our Content, for your commercial purposes, including, to purchase products and sell them for any revenue generation activity.

(j) Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.

(k) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(l) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(m) Third Party Sites: Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

(n) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

For any questions and notices, please contact us at:

Mizuno Oceania Corporation Pty Ltd (ABN: 24 130 223 924)

Email: [email protected]

Phone: +1300 796 457

Last update: 16 November 2021

Terms of ServiceUpdated 16 hours ago