1. Acceptance of Terms

By accessing or purchasing from Mountain Whisper (“we”, “our”, “us”) at Mountain Whisper (the “Site”), you agree to these Terms & Conditions and our Privacy Policy. If you do not agree, please do not use the Site.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to place an order.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. We may suspend or terminate accounts that violate these Terms.

4. Products & Pricing

We strive for accuracy, but product descriptions, images, prices, and availability may contain errors or be updated without notice. Minor variations in color/texture can occur due to lighting and screen settings. We reserve the right to refuse or cancel orders for any reason (including pricing errors) and will refund any amounts charged.

5. Orders & Payment

Orders are offers to purchase products. We accept the offer when we dispatch the order and send a shipping confirmation. We accept the payment methods shown at checkout. You authorize us to charge the total order amount, including taxes, duties, and shipping fees.

6. Shipping & Delivery

Processing time: 1–3 business days. Delivery estimates: Domestic 3–5 days; International 7–14 days (subject to carrier delays, customs, and peak seasons). Title and risk of loss pass to you upon carrier acceptance. We are not liable for delays beyond our reasonable control.

7. International Duties & Taxes

International customers are responsible for any import duties, taxes, or brokerage fees charged by the destination country.

8. Returns & Exchanges

Window: 7 days from delivery.

Condition: Unworn, unused, in original packaging with tags.

Non-returnable: Custom/personalized items, final-sale items, opened essential-oil refills (for hygiene/safety), and gift cards.

Process: Contact us at [support email] with your order number to obtain return instructions. Customers are responsible for return shipping unless the item is defective or we made an error.
Refunds are issued to the original payment method after inspection.

9. Product Care & Safety

Jewelry: Avoid prolonged contact with perfume, cosmetics, chemicals, seawater, and sweat; store dry in a sealed pouch.

Essential oil refills: For external/aromatherapy use only. Keep away from children and pets. Do not ingest. Avoid contact with eyes/skin; discontinue use if irritation occurs. Follow diffuser/device instructions.

10. Warranty Disclaimer

Except as required by law, products and services are provided “as is” and “as available,” without warranties of any kind, express or implied (including merchantability, fitness for a particular purpose, and non-infringement).

11. Australian Consumer Law (if applicable)

Nothing in these Terms limits your rights under the Australian Consumer Law (ACL). If you are an Australian consumer, you are entitled to remedies for major failures and for goods not of acceptable quality.

12. Intellectual Property

All content on the Site—including logos, graphics, images, text, designs, and code—is owned by or licensed to us and protected by law. You may not copy, distribute, modify, or create derivative works without our prior written consent.

13. User Content & Reviews

By submitting reviews, photos, or comments, you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content in any media for marketing and operational purposes. You represent that you own or have rights to the content you submit.

14. Prohibited Conduct

You agree not to:
(a) violate laws or regulations; (b) infringe IP or privacy rights; (c) upload malware or interfere with the Site; (d) use bots/scrapers without permission; (e) engage in abusive, fraudulent, or misleading behavior.

15. Promotions & Gift Cards

Promotions are subject to separate rules and may be modified or ended at any time. Gift cards are non-refundable and not redeemable for cash unless required by law.

16. Third-Party Links

We are not responsible for third-party websites, services, or content linked from the Site. Your use of them is at your own risk and subject to their terms.

17. Limitation of Liability

To the maximum extent permitted by law, we (and our directors, employees, affiliates) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or lost profits/revenue/data, arising from your use of the Site or purchase of products. Our aggregate liability for any claim is limited to the amount you paid for the product giving rise to the claim.

18. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from your breach of these Terms or misuse of the Site.

19. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, strikes, war, epidemics, and carrier or supplier failures.

20. Changes to Terms

We may update these Terms at any time. Changes take effect when posted on the Site with the “Last updated” date. Continued use means you accept the revised Terms.

21. Governing Law & Dispute Resolution

These Terms are governed by the laws of Queensland, Australia (conflict rules excluded). Courts located in Brisbane, QLD have exclusive jurisdiction. If mandatory consumer laws in your country provide otherwise, those rights prevail.

22. Contact

Mountain Whisper