Terms of service

Terms of Service

Last updated: November 2026

Overview

This website (tribalimpulse.com.au) is operated by Mishka Market, also trading as Tribal Impulse, of 50 Whitehorse Road, Balwyn VIC 3103. In these terms, "we", "us" and "our" mean Mishka Market, and "you" means the person using our website or buying from us.

These Terms of Service ("Terms") apply when you browse our website or buy from us online (our "Service"). Please read them together with our Shipping Policy, Refund Policy and Privacy Policy, which are linked in the footer of the website. By using the website or placing an order, you agree to these Terms. If you don't agree, please don't use the website.

Nothing in these Terms excludes, restricts or changes any right you have under the Australian Consumer Law, or any other law that cannot be excluded. Wherever these Terms limit our responsibility, the limit applies only as far as the law allows.

Our online store is hosted by Shopify, which provides the e-commerce platform we use to sell our products to you.

Section 1 – Using our online store

To place an order, you must be 18 or older, or be using the website with the involvement of a parent or guardian.

You must not use our website or products for any illegal or unauthorised purpose, or break any law (including copyright law) when using the website.

You must not upload or transmit viruses, malware or any other harmful code.

If you seriously or repeatedly breach these Terms, we may suspend or end your access to the website (see Section 16).

Section 2 – General conditions

We may decline to supply goods to someone where we have a reasonable basis, for example suspected fraud, abuse of our staff, or a breach of these Terms. We will never refuse service on an unlawful ground such as discrimination.

Our website uses encrypted (HTTPS) connections. Card details are encrypted and handled by our payment providers, and we do not store your full card details.

You must not copy, reproduce, sell, resell or commercially use any part of the website or its content (including our photos and product descriptions) without our written permission.

Headings in these Terms are for convenience only and do not affect their meaning.

Section 3 – Accuracy of information on this site

We take care to make sure product descriptions, photos, prices and other information on our website are accurate and up to date. General information on the site, such as background about cultures, traditions or materials, is provided for interest only and is not professional advice.

Some pages may contain historical information, which may no longer be current. We may update the website at any time, but we are not obliged to update historical or general information.

This section does not limit our responsibility for the accuracy of product descriptions or prices, or your rights if a product does not match its description.

Section 4 – Changes to the website and prices

Prices on the website may change from time to time. The price that applies to your order is the price shown when you place it, unless there is an obvious error (see Section 11).

We may change, suspend or stop any part of the website at any time. This will not affect orders you have already paid for: we will either fulfil them or give you a full refund.

Section 5 – Products

Some products are only available online, and many are one-offs or available in limited quantities. Our stock changes often, so a product may sell out (including in our Balwyn shop) before your order is processed. If we can't supply something you have paid for, we will tell you and refund that item in full.

Many of our products are handmade by artisans or made from natural materials. Small variations in colour, size, pattern and finish are part of their character, so no two pieces are exactly alike. We photograph our products as accurately as we can, but colours may look slightly different on your screen.

We may limit the quantity of any product sold per customer or per order, and we choose which areas we deliver to (see our Shipping Policy). Some heavy or bulky items are available for pick-up or local delivery only.

Returns and refunds are handled under our Refund Policy and the Australian Consumer Law.

Section 6 – Orders, billing and account information

When you place an order, you are making an offer to buy. A contract is formed when we accept your order by sending an order confirmation or dispatching your goods.

We may decline or cancel an order, or limit quantities, if:

• the product is out of stock or unavailable;
• there is an obvious error in the price or description;
• we reasonably suspect fraud or unauthorised use of a payment method;
• the order appears to be for resale in commercial quantities (wholesale customers are welcome to contact us directly); or
• we cannot deliver to the address given.

If we cancel all or part of an order, we will let you know using the contact details you gave us and refund in full any amount you paid for the cancelled items.

You agree to give us current, complete and accurate purchase and contact information, and to keep your account details (such as your email address) up to date so we can complete your order and contact you.

All prices are in Australian dollars (AUD) and include GST. Delivery charges are shown at checkout before you pay.

Section 7 – Optional third-party tools

We may give you access to third-party tools, such as payment, delivery tracking or review apps, that we do not control. These tools are provided by their own providers under their own terms, and you choose whether to use them.

To the extent permitted by law, we are not responsible for third-party tools or how their providers operate them. This does not affect your rights against us for goods we supply.

Any new features or tools added to our website are also covered by these Terms.

Section 8 – Third-party links

Our website may link to other websites, such as social media, that we do not operate. We are not responsible for their content, products or services. Please read their terms and privacy policies before dealing with them. Questions or complaints about third-party products should be directed to that third party.

Section 9 – Reviews, comments and other submissions

If you send us reviews, comments, photos, ideas or suggestions ("submissions"), you give us a free, non-exclusive licence to use, publish and share them in any medium, including on our website and social media. We may shorten or tidy a submission, but we will not change its meaning. We are not obliged to keep submissions confidential, pay for them, or respond to them.

We may remove submissions that we reasonably consider unlawful, offensive, threatening, defamatory or obscene, or that infringe someone's intellectual property or these Terms. We do not remove genuine reviews just because they are negative.

You agree that your submissions are your own (or you have permission to share them), are honest, and do not infringe anyone's copyright, trade mark, privacy or other rights. They must not contain defamatory, abusive or obscene material, or any virus or malware. You must not use a false email address, pretend to be someone else, or mislead us or others about who made a submission. You are responsible for your own submissions.

Section 10 – Personal information

Our Privacy Policy, linked in the footer of our website, explains how we collect, use and protect your personal information.

Section 11 – Errors, inaccuracies and omissions

Occasionally our website may contain a typing error, inaccuracy or omission, for example in a product description, price, promotion, delivery charge or availability. We will correct errors as soon as we become aware of them.

If a product was listed with an obvious pricing error, we will contact you before dispatch. You can choose to go ahead at the correct price, or cancel and receive a full refund.

A "last updated" date on a page does not mean everything on the website was reviewed on that date.

Section 12 – Prohibited uses

As well as the other rules in these Terms, you must not use the website or its content:

1. for any unlawful purpose, or to encourage others to act unlawfully;
2. to breach any Australian or international law or regulation;
3. to infringe our intellectual property or anyone else's;
4. to harass, abuse, threaten, defame or intimidate anyone, or to discriminate against anyone because of gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected attribute;
5. to submit false or misleading information;
6. to upload or transmit viruses or malicious code;
7. to collect or track other people's personal information;
8. to send spam, phish, or scrape, crawl or spider the website without our permission;
9. for any obscene purpose; or
10. to interfere with or get around the website's security features.

We may suspend or end your use of the website if you breach this section.

Section 13 – Consumer guarantees and limitation of liability

Nothing in this section affects your rights under the Australian Consumer Law (see "Your rights under the Australian Consumer Law" above).

We do our best to keep the website running smoothly, but we cannot promise it will always be available, uninterrupted or error-free. We may take it offline for maintenance or other reasons.

To the extent permitted by law:

• we make no promises about the website beyond those in these Terms and those the law requires; and
• we are not liable for loss that was not reasonably foreseeable, or that was caused by events outside our reasonable control (such as carrier delays, internet outages or natural disasters).

Where the law allows us to limit our liability for failing to meet a consumer guarantee (for example, for goods not ordinarily bought for personal, domestic or household use), our liability is limited to replacing or repairing the goods, or paying the cost of replacing or repairing them.

These limits also apply to our employees and contractors. Nothing in these Terms limits our liability for fraud, or for death or personal injury caused by our negligence.

Section 14 – Your responsibility for misuse

You are responsible for loss or damage you cause us, including reasonable legal costs, arising from a third-party claim caused by your breach of these Terms, your fraud, or your breach of any law or of someone else's rights. Your responsibility is reduced to the extent that we, or our staff, caused or contributed to the loss.

Section 15 – Severability

If any part of these Terms is found to be unlawful, void or unenforceable, that part will be read down as far as needed to make it enforceable, or removed if that isn't possible. The rest of these Terms will continue to apply.

Section 16 – Termination

You may stop using our website at any time.

We may suspend or end your access to the website if you seriously or repeatedly breach these Terms, or if we reasonably suspect fraud or misuse. Where reasonable, we will tell you why first.

Ending access does not affect orders already placed and paid for, rights or obligations that arose before it ended, or your rights under the Australian Consumer Law. You remain responsible for paying for goods you have received.

Section 17 – Entire agreement

These Terms, together with our Shipping Policy, Refund Policy and Privacy Policy, form the agreement between you and us for using our website and buying online. They replace any earlier versions of these Terms.

If we don't enforce a right under these Terms straight away, we can still enforce it later.

Section 18 – Governing law

These Terms are governed by the laws of Victoria, Australia. You and we agree to the non-exclusive jurisdiction of the courts and tribunals of Victoria, including the Victorian Civil and Administrative Tribunal (VCAT). If you live in another Australian state or territory, you keep any rights you have under the consumer laws that apply where you live.

Section 19 – Changes to these Terms

We may update these Terms from time to time, for example to reflect changes in the law or in how we run our store. Updated Terms will be posted on this page with a new "last updated" date.

Changes apply only to orders placed after the updated Terms are posted. The Terms in place when you placed your order apply to that order.

Section 20 – Contact us

If you have a question about these Terms, or a problem with an order, please contact us first so we can try to put it right.

• Email: info@mishkamarket.com.au
• In person: Mishka Market, 50 Whitehorse Road, Balwyn VIC 3103