Terms of service

Last Updated: April 30, 2026

Overview

This website is operated by Misty Bear (Elevate LLC). Throughout these Terms of Service, "we", "us", and "our" refer to Misty Bear. By visiting our website and/or placing an order, you agree to be bound by the following terms and conditions. These Terms of Service apply to all users of Misty Bear, including customers in Australia and New Zealand.

Please read these Terms carefully before accessing or using our website.

Article 1 – Use of the Site

By agreeing to these Terms, you confirm that you are of legal age in your country of residence, or that you have given us your consent to allow any minor dependants to use this site.

You may not use our products for illegal or unauthorised purposes, and you may not violate any laws applicable in your jurisdiction. Any breach of these Terms will result in immediate termination of your access.

Article 2 – General Conditions

We reserve the right to refuse service to anyone at any time for any reason. We may modify or discontinue the service at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the service.

Article 3 – Accuracy of Information

We are not responsible if information on this website is not accurate, complete, or current. Material on this site is for general informational purposes only and should not be relied upon as the sole basis for decisions. We reserve the right to modify content at any time.

Article 4 – Pricing & Products

Prices are displayed in Australian Dollars (AUD) for customers in Australia and New Zealand Dollars (NZD) for customers in New Zealand. Prices may change without notice and do not apply to orders already placed and confirmed.

All prices include applicable taxes and duties. No additional fees will be charged at delivery.

We reserve the right to limit quantities, discontinue products, or refuse orders at our discretion. Product colours may vary slightly from images displayed on screen.

Article 5 – Orders & Payment

We reserve the right to refuse or cancel any order. We may limit quantities per person, household, or order. If we cancel or modify your order, we will notify you at the email address provided at checkout.

You agree to provide current, accurate, and complete purchase and account information for all transactions.

Accepted payment methods: Visa, Mastercard, American Express, Discover, Diners Club, JCB, UnionPay, ELO, PayPal, Apple Pay, Google Pay, Shop Pay.

Payment is due in full at the time of purchase. Orders are processed only after successful payment confirmation.

Article 6 – Shipping & Delivery

Orders are shipped to Australia and New Zealand. Delivery times are estimates and cannot be guaranteed. Please refer to our Shipping Policy for full details.

Article 7 – Returns & Refunds

If you are not satisfied with your purchase, you may return eligible items within 30 days of delivery. Items must be unused and in original condition and packaging. Please refer to our Return & Refund Policy for full details.

Article 8 – Limitation of Liability

To the fullest extent permitted by law, Misty Bear shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our products or services.

Your statutory consumer rights under applicable Australian or New Zealand law remain unaffected.

Article 9 – Intellectual Property

All content on this website — including text, images, logos, and product descriptions — is the property of Misty Bear or its licensors and is protected by applicable intellectual property law. You may not reproduce, copy, sell, or exploit any portion of the site without our express written permission.

Article 10 – User Comments & Submissions

If you submit feedback, ideas, or suggestions to us, you agree that we may use, reproduce, and publish such submissions without restriction or compensation. You are solely responsible for the accuracy and content of your submissions.

Article 11 – Third-Party Links

Our website may contain links to third-party sites. We are not responsible for the content, accuracy, or practices of those sites. Links do not constitute endorsement.

Article 12 – Prohibited Uses

You may not use this website or its content: (a) for unlawful purposes; (b) to harass, abuse, or discriminate against others; (c) to transmit viruses or malicious code; (d) to collect personal data of others without consent; (e) for spam, phishing, or scraping; or (f) to interfere with the security of the site.

Article 13 – Indemnification

You agree to indemnify and hold harmless Misty Bear, its affiliates, officers, employees, and agents from any claims, damages, or expenses arising from your use of the site or violation of these Terms.

Article 14 – Severability

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions continue in full effect.

Article 15 – Governing Law

For customers in Australia, these Terms are governed by and construed in accordance with the laws of Australia, including the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). For customers in New Zealand, the New Zealand Consumer Guarantees Act 1993 applies.

Nothing in these Terms limits or excludes any rights or guarantees you have under the ACL or the New Zealand Consumer Guarantees Act that cannot be excluded by law. Your statutory consumer rights remain fully unaffected at all times.

Any disputes will be handled in accordance with the applicable consumer protection laws of your country of residence.

Article 16 – Changes to Terms

We reserve the right to update these Terms at any time. Changes will be published on this page. Continued use of the site after any changes constitutes acceptance of the updated Terms.

Contact Information

Do you have questions about your order?
Email: info@mistybear.com
Phone: +61 413 346 987
Response time: Within 24 hours
Return Address: 1/4 Jabez St, Marrickville NSW 2204, Australia

Trading Name: Misty Bear
Legal Entity: Elevate LLC
Company Adress: 30 N Gould St Ste R, Sheridan, WY 82801, United State
Office Address: Schoutstraat 36, 6463 EH Kerkrade, The Netherlands
(Please do not send returns to this address)

We sell exclusively to consumers in Australia; accordingly, our contracts are governed by Australian consumer law.

Monday - Friday / 9:00 AM - 6:00 PM (GMT+10 / Sydney)