Conditions of Sale

PRODUCT AVAILABILTY

All orders placed through the website are subject to availability and acceptance by Mermaid Kat Shop. Mermaid Kat Shop reserves the right to refuse service at any moment in time, without prior notice. Mermaid Kat Shop reserves the right to change the assortment of products offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. You may browse the product pages of the website, to discover products that are currently available for sale. Please note that only those creations displaying a “details and purchase” button are available for sale through the website.

 

ORDERING PROCESS

When ordering on the Website, orders will be processed as follows: Once you have chosen a product, filled out and selected the appropriate fields, click on the “Add To Cart” button to place this product into “My Cart”. You may then decide to continue shopping for other products and add them to your “Cart” (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on “X”, “Remove” or “Delete” next to the chosen product in the cart. When you have completely reviewed your order, click on the “Proceed to PayPal” button on the Website to place your order. Notwithstanding anything to the contrary provided for herein, Mermaid Kat Shop reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Mermaid Kat Shop may refuse your order if there is an on-going dispute concerning payment of a prior order or if Mermaid Kat Shop reasonably suspects that you have violated these conditions of sale or that you have engaged in fraudulent or grey market activities.

 

PRICES, TAX AND SHIPPING COSTS

All prices shown on the product pages of the website are in USD. All prices and offers remain valid as advertised from time to time. Mermaid Kat Shop reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the website, at the time your order is accepted by Mermaid Kat Shop, will be honored by Mermaid Kat Shop. Actual shipping costs and applicable taxes will be reflected in the confirmation of order and invoice. Sales taxes are displayed on the product price after you have chosen your delivery options. Delivery costs will be determined during the step-by-step ordering process on the website. The actual sales tax will be calculated when your order is complete. Please note that, in exceptional cases, the actual sales tax charged to your order may vary depending on changes in applicable law between the date you placed your order and the date we send you the confirmation of order.

 

ORDER REVIEW AND CONFIRMATION

You should carefully check all details before placing your order through the website, including without limitation, measurements, color selections, the order reference number and the particulars of the sale, which will be provided on the website. Once you have confirmed and placed your order, Mermaid Kat Shop will issue an order reference number, and acknowledge that it has received your order, which will be processed following the usual credit and anti-fraud checks. Please make sure that you save this order reference number for any future inquiries. On placing an order through the website, you are making an offer to Mermaid Kat Shop to purchase the products, in accordance with these conditions of sale.

 

ACKNOWLEDGEMENT OF ORDER

Once you have made your choice and your order has been placed through the website, you will receive an email acknowledging the details of your order. When ordering using the website, please carefully review these conditions of sale upon receipt. Please carefully review these conditions of sale upon receipt.

 

CONFIRMATION OF ORDER

Mermaid Kat Shop will send you by email a receipt and confirmation of order. Acceptance of your order by Mermaid Kat Shop concludes the offer and acceptance process; the result being the formation of an executed sales contract at the time Mermaid Kat Shop sends the confirmation of order for the purchase of Mermaid Kat Shop products and associated services.

 

PROOF OF AGREEMENT

The acknowledgement of order and confirmation of order that are sent to you by email are deemed to be received when you are able to access it on a computer, mobile or handheld device. The confirmation of order and any automatic recording systems used on the website will be proof of a binding agreement between you and Mermaid Kat Shop. Mermaid Kat Shop will preserve information concerning all orders for a minimum of three (3) years. These records may be made available to you by registering on the “My Account” section of the website. However, you are advised to keep a copy (electronically and/or on paper) of all information associated with your order (i.e. the acknowledgement of order and the confirmation of order).

 

APPEARANCES AND DESIGN

Photos of our products on our website may not be of the exact product that you purchase. Some products are made to order and will never be exact. Products displayed the website are representative of the color, design, and style of the original products, slight variations may occur for technical and other reasons. Accordingly, Mermaid Kat Shop shall not be liable for any error or inaccuracy in the photographs or graphical representation of Mermaid Kat Shop products displayed on the website. If there are certain physical properties that are important to you, you should ask us to verify these for you before you make your purchase.

 

SIZING INFORMATION

Some of our products are made to measurements, not size. Thus it is your responsibility to submit accurate measurements for the product that you are purchasing on the website. A detailed list of measurements and measuring charts are on each product page for you to follow. Follow the given information to your best ability. All measurements must be given and confirmed in cm. Do not add or subtract any to your final measurement. Review your measurements when confirming your purchase on the website. Mermaid Kat Shop is not responsible for incorrect or improper measurements confirmed by you. Our customers take the final responsibility for ordering the correct size. Necessary alterations will be made to confirmed measurements. The final product’s measurements may vary slightly from what you originally submitted. We highly recommend having a professional seamstress take your measurements.

 

MATERIAL SAFETY INFORMATION

Although all of our Products are completely cured and made skin safe, our products are made in a facility that has traces of various chemicals such as silicone rubber, latex rubber, epoxy, fiberglass resin, polysulfide rubber, urethane rubber and plastic, foam, adhesives, release agents and sealers. Your product may come into contact with one or more of these materials at any given time. Accordingly, Mermaid Kat Shop shall not be liable for any error or inaccuracy for allergic reactions, rashes, burns, skin pigmentation, health defects and or any illness that our Products might cause.

 

WAVER OF LIABILITY AND INJURY

Adult supervision is required for all of our products. Do not use any products where water is too deep for ability. All users of our products assume risk resulting from its use. Whether proximate or remote, there may be risk of injury. Mermaid Kat Shop, manufacture, nor seller of any products assume any liability.

 

INDEMNIFICATION

At our request, you agree to defend, indemnify and hold harmless Mermaid Kat Shop,  its officers, directors, agents, affiliates, licencors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Conditions of Sale by you or any other liabilities arising out of your use of this website, or the use by any other persons accessing this website using your Internet account or account login. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you here under.

 

DELIVERY

We ship orders worldwide via UPS, FedEx, DHL, Australian Post, Deutsche Post and USPS. Depending on stock and other reasons your order might be shipped out from either Germany or Australia. You must allow enough time for the delivery of your order based upon the delivery scheduled of the product that you are ordering. You must confirm with us in writing any special delivery requests. Total production time may vary based on the time of the year your order is placed. Our products take approximately 1-14 weeks for delivery. Mermaid Kat Shop charges delivery costs to you, which are in addition to the price of the Mermaid Kat Shop products themselves. The cost of delivery shall be calculated according to the purchase value of your order, the weight, dimensions of the product, and your delivery address as indicated in these conditions of sale. When estimating package delivery time, please allow time for credit approval, address verification order processing and production time of 1-14 weeks. Product tracking information is not automatically emailed, but is often available. Please email us at info@mermaidkat.com with your request & we will respond with an answer normally within 48 hours during business days (not including weekends or holidays). We will use reasonable efforts to ensure the estimated delivery lead times from the date of your order. Please note that in exceptional cases, express delivery may be delayed from the purchase of a custom made product. In such cases, Mermaid Kat Shop will contact you to propose other arrangements and refund charges associated with your express delivery. Each delivery package will contain, in addition to your purchased Mermaid Kat Shop: all related accessories, if any; document holder including the product manual, as applicable; these conditions of sale. Mermaid Kat Shop insures each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Mermaid Kat Shop product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Mermaid Kat Shop and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

 

Estimated Production Times

  1. Fabric Mermaid Tail 1-3 days
  2. Fabric Accessories such as fabric bikinis 1-3 days
  3. Full Silicone Mermaid Tails 2-10 weeks
  4. Silicone Mermaid Top 2-10 weeks

We may change this information at any time.

 

 

GOVERNING LAW

The Conditions of Sale shall be governed by and construed in accordance with the laws of the country Australia, without reference to conflict of law’s provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in the country of Australia.

 

PURCHASING

Any individual person worldwide can register or purchase our products from the website. To register or place an order through the website, you must have reached the age of majority (which in most countries is 18 years old) and have legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Conditions of Sale, the website Terms and Conditions and the Privacy Policy and register or place an order on your behalf. Any orders placed in contravention to this provision shall be null and void. Mermaid Kat Shop products are exclusively available for sale to end-user customers only and may not be bought for re-sale, commercial purposes or any other commercial benefit unless approved by Mermaid Kat Shop. Consequently Mermaid Kat Shop further reserves the right to refuse orders placed by customers who breach this condition or if Mermaid Kat Shop reasonably suspects, in its sole discretion, a customer has breached, intends to breach, or evidences that it will breach this condition. Moreover, in the event that Mermaid Kat Shop reasonably suspects that a third party has breached a customer’s registration, password and/or account login, Mermaid Kat Shop shall immediately cancel and terminate the account.