Terms and conditions of sale
Mirka Australia Online Shop terms of sale for consumers
1. Preamble
1.1. Mirka Australia Pty Ltd (ACN 650 500 502) ("Mirka", "we", "us"), operates an online boutique for the sale of Mirka products in Australia, accessible at https://bestabrasives.com.au/ ("Online Shop").
1.2. These terms and conditions of sale (hereinafter "Terms and Conditions") apply to the retail sale of products, including accessories and spare parts ("Product(s)") by Mirka via the Online Shop to individual consumers and businesses.
The Customer ("Customer", "you" or "your") represents and warrants that the Customer is acting as a final consumer of the Products ordered via the Online Shop.
1.3. A consumer, as defined under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL"), is an individual or business who acquires goods or services for personal, domestic or household use or consumption, or where the price of the goods or services does not exceed $100,000, provided the acquisition is not for resupply or for use in manufacturing or production. These Terms and Conditions are available to the Customer on the Online Shop accessible at https://bestabrasives.com.au/. Before placing any order, the Customer must ensure that he/she has read these Terms and Conditions. Consequently, the fact of placing an order by ticking the box "I have read and accept the terms and conditions of sale" implies full and unreserved acceptance of these Terms and Conditions by the Customer. Other terms and conditions, such as Shipping, Refund policies are available at https://bestabrasives.com.au/, as well as the Privacy Policy, available at https://bestabrasives.com.au/policies/privacy-policy, are also applicable to your use of the Online Shop.
1.4. By accepting these Terms and Conditions, the Customer declares and warrants that he/she is of legal age and has the legal capacity to enter into a contract with Mirka.
1.5. Mirka reserves the right to modify the Terms and Conditions at any time by publishing a new version on the Online Shop. We will provide you with reasonable prior notice of any material changes to these Terms and Conditions that may affect your rights. Any modification to these Terms and Conditions will not affect or apply to any orders already accepted or executed prior to the date of any modification to the Terms and Conditions.
2. Product presentation
2.1. Mirka supplies the Products offered for sale on the Online Shop and endeavours to present their main characteristics and any information required by law as clearly as possible. However, the information provided in the presentation of the Products available on the Online Shop, including photographs and graphics, are indicative only. Where you acquire the Products as a consumer under the ACL and there is any inconsistency between Product descriptions and the actual Product, you may be entitled to remedies under the consumer guarantees in the ACL.
2.2. Mirka reserves the right, with reasonable prior written notice, to modify the characteristics and technical specifications of the Products and to suspend their sale. Nothing in this clause limits any rights or remedies a Customer may have under the ACL where a change materially and adversely affects a Product that is the subject of an existing order. Where a change materially and adversely affects a Product that is the subject of an existing order and the changed Product is to be substituted for the originally ordered Product, then the Customer may terminate the order and (if the changed Product has been delivered to the Customer) return the changed Product to Mirka and receive a full refund.
3. Order
3.1. You can place orders in “guest” mode on the Online Shop without creating a customer account.
3.2. Products can be purchased directly from the Online Shop using the following procedure:
a) You can select and add Products to the shopping cart;
b) In your shopping cart, you will see an overview of the Products you have selected in your shopping cart;
c) Once you have clicked on the "Confirm your order" button, you will confirm your selection;
d) You are then asked to provide all the information required to process and fulfill the order and to manage the delivery, including in particular your e-mail address and your delivery address. You undertake to ensure that any shipping and delivery information provided by you to Mirka is valid, accurate, complete and up-to-date. In this respect, you acknowledge being informed of Mirka’s Privacy Policy, which is available on the Online Shop at https://bestabrasives.com.au/policies/privacy-policy. In the event of an error in the Customer’s shipping or delivery details, Mirka is not responsible for any inability to deliver the Products where that inability is caused by the Customer’s error.
e) Shipping costs are calculated once the delivery address has been validated. You will then be invited to proceed to delivery and choose your preferred delivery method if available;
f) You will then find a summary of your order, including information on price, delivery charges and any discounts, and will be able to review your selection, check the total price and correct any errors;
g) To validate your order, you will be asked to click on the "Continue to payment" button and you will be asked to choose your method of payment;
h) You must accept these Terms and Conditions before validating your order;
i) Validation of your order is subject to effective payment; and
j) Once the payment transaction has been completed, you will receive an automatic acknowledgement e-mail detailing the Products you have ordered ("Payment Confirmation"). However, the Payment Confirmation does not constitute Mirka's acceptance of your order, which is subject to other conditions as set out below in Article 3.7.
3.3. The choice and purchase of a Product is the sole responsibility of the Customer. The Customer is responsible for the accuracy of his/her order. The Customer may nevertheless exercise his/her right to return Products in accordance with the conditions set out in Article 7 “Change of mind returns (non-faulty products)” of these Terms and Conditions.
3.4. Your order will be processed as soon as the payment transaction has been completed. However, Mirka reserves the right to refuse any order in the following cases:
a) the unavailability of all or part of the Products ordered;
b) the existence of a dispute with the Customer, including in the event of total or partial non-payment of one or more previous orders;
c) objective suspicion of fraud;
d) insolvency of the Customer or refusal of payment authorization by banking organizations/partners; or
e) manifest price error, when the price is considered derisory in relation to the value of the Product ordered, including due to a parameter error or a computer error.
3.5. Where there has been a manifest price error, Mirka reserves the right to modify your order by sending you a modified offer by e-mail with the corrected price. You have the right to accept or reject the modified offer by e-mail within the period indicated in the e-mail. If you refuse or do not accept the offer within the period indicated, Mirka will confirm the rejection of the entire order and refund any payment already made. In the event of unavailability of part of the Products ordered, Mirka also reserves the right to modify your order to accept only the Products available for sale and in doing so, will provide you with written notice of the changes to your order.
3.6. In the event of a total or partial refusal of the order, Mirka will refund the corresponding price within fourteen (14) days of the refusal. Any refund will be made by the same method of payment you used to pay for your Products.
3.7. The order is final when you receive a confirmation of order acceptance by e-mail from Mirka ("Order Acceptance") once Mirka has accepted your order or you accept the modified order proposed by Mirka in accordance with Article 3.5 above.
4. Price and GST
4.1. Unless expressed to the contrary, the prices of the Products are displayed on the Online Shop inclusive of any applicable Goods and Services Tax (”GST”) and processing and delivery charges, the cost of which is communicated to you during the order process. Delivery charges will be communicated to the Customer on the order summary before the order is validated, in accordance with the delivery conditions set out in Article 6 "Delivery" of these Terms and Conditions.
4.2. If GST is payable in respect of a supply made under or in relation to these Terms and Conditions, the Customer must pay to Mirka an amount (”GST Amount”) equal to the GST payable on the supply. The GST Amount is payable by the Customer in addition to and at the same time as any consideration for the supply of the Products, provided Mirka has given the Customer a tax invoice.
4.3. Mirka reserves the right to modify its prices for its Products at any time but undertakes to apply the prices in force at the time of the order, except in the circumstances specified in Article 3.5.
5. Payment
5.1. Acceptance by Mirka of any order is subject to prior payment of the full price by the Customer. The Customer may choose the means of payment according to the options proposed by Mirka on the Online Shop. Visa and Mastercard, Amex, Apple Pay, Google Pay, Paypal, Afterpay are accepted. Online payment transactions are handled by Shopify.
5.2. By validating an order via the Online Shop, you confirm that the payment details provided with your order are valid and correct and that you are authorized to use the credit or debit card for payment.
5.3. In the event of late payment, without prejudice to any other available rights and remedies, Mirka reserves the right to:
a) notify you of the late or unsuccessful payment and cancel the order that has not been paid for in full within a reasonable period of time following an formal notice;
b) suspend all or part of the order that has not been paid for in full or the delivery of the order;
c) retain ownership of the Products ordered until full payment of the price is made by the Customer;
d) take lawful steps to recover any overdue amounts for any Products that have been delivered but not paid for in full, including commencing court proceedings.
6. Delivery
6.1. The Products available on the Online Shop are offered for sale in Australia. Delivery of Products offered for sale on the Online Shop and invoicing are therefore only available to Customers located in Australia.
6.2. When your order leaves our warehouse, we'll send you a shipment confirmation email with the tracking number and a link to our delivery service provider's website for real-time tracking of your order.
6.3. The Customer is responsible for ensuring the accuracy of the address provided to Mirka for delivery and invoicing purposes and must notify Mirka of any difficulties the delivery service provider may encounter in delivering the order, in particular due to the volume or weight of the Products ordered. To the extent permitted by law, Mirka is not responsible for late or returned deliveries due to an address error, the delivery service provider’s inability to deliver the order to the address provided or the Customer's unavailability to accept delivery. If you fail to accept delivery, our delivery service provider may attempt to re-deliver the Products to you at an alternative time. Where subsequent delivery attempts fail, Mika reserves the right, without prejudice to its other rights (i) to arrange to have the Products held or be redirected to our delivery service provider’s facility for storage at your risk and notify you of where your order can be collected from; or (ii) to terminate your order for the Products and refund any amounts paid to you.
6.4. The delivery time indicated when the order is placed is given as an indication only. Mirka and its delivery service provider will use reasonable efforts to meet indicated delivery timeframes. Where there is a significant and unreasonable delay in the delivery of your ordered Products, you may be entitled to remedies under the consumer guarantees under the ACL.
6.5. Items in the same order may be shipped in several packages. The delivery note indicates the number of packages shipped.
7. Change of mind returns (non-faulty products)
7.1. In addition to your statutory rights under the ACL, Mirka offers a voluntary change of mind return policy. The Customer may return Products within thirty (30) days from receipt of the Product, provided the Product is unused, in its original condition and packaging, with all labels attached.
If the delivery of the Products ordered has been made in several parts, the return period does not begin until the Customer takes physical possession of the last Product ordered or the last part of the delivery.
This change of mind return policy does not apply to:
- customized or personalized goods;
- Products made to the Customer's specifications; or
- Products that have been used or are not in their original condition.
7.2. To request a change of mind return, the Customer must, within thirty (30) days, contact Mirka customer service:
o either by email to customerservice.au@mirka.com.
o or by post to Mirka's customer service at:
o Unit 2, 29 Production Ave, Kogarah NSW 2217, or by using the online return form available on the Online Shop at https://bestabrasives.com.au/pages/return-form.
7.3. The Products must be returned by the Customer to the address indicated on the change of mind return form, without undue delay and, at the latest, within thirty (30) days of submitting the return form or return communication to Mirka. At the Customer’s request, Mirka may (but is not obliged to) agree to arrange for the collection of the products to be returned from the place of the Customer’s choice provided that the place of collection is in the same city or town as the delivery address of the order.
7.4. We will cover the shipping costs for items returned to us under our change of mind return policy, and our customer service department will send you a pre-paid return label by e-mail. Any shipping costs resulting from your choice of a service provider or type of delivery other than the standard service provider or type of delivery we offer are at your expense and will not be reimbursed by us. In the case of bulky Products, Mirka reserves the right to charge return shipping costs or collection cost. Returns will therefore be subject to prior payment of the applicable charges. No returns will be accepted outside Australia.
7.5. Regardless of the return method, Products must be returned in their original condition and packaging. Any product returned incomplete, used, damaged or soiled, or with all or part of the labels removed or damaged and/or with packaging damaged will not be accepted for return, exchange or refund.
7.6. All accepted returns will result, at the Customer's discretion, in either a credit note or a refund, after verification of the quality and quantity of the returned Products. Any refund will be made by the same method of payment you used to pay for your Products. Refund will be made no later than fourteen (14) days following the date on which you received confirmation of acceptance of the return. We may withhold the refund until we have received the returned Products.
7.7. Our change of mind return policy is offered in addition to, and does not limit, exclude or modify your statutory rights under the ACL, including under the consumer guarantees.
8. Transfer of risk
8.1. All risk of loss or damage to the Product is transferred to the Customer at the time the Customer or a third party designated by the Customer takes physical possession of the Product. It is therefore the Customer's responsibility, upon delivery and before our delivery service provider’s departure, to carry out all examinations to detect any damage, shortages, defects or other apparent defects or non-conformity of the Products ordered, and to check the condition of the packaging, the number of packages and the Products delivered in their quantities, references, condition and characteristics.
8.2. If the Customer considers that the Products delivered are not in conformity with the order, in the event of an anomaly concerning the parcel or in the event of a missing or damaged item, the Customer must follow the procedures below in order to submit a complaint:
- contact Mirka customer service as soon as reasonably practicable by email at customerservice.au@mirka.com specifying the order number concerned and providing photographs of the issues noted where possible;
- specify the desired solution, i.e. return, exchange or refund of the Products concerned.
8.3. In the event of a proven defect, fault or damage or if Mirka agrees, on a commercial basis, to take back the Product(s) concerned, Mirka will proceed as soon as possible to cancel the order relating to the damaged or missing Products and to reimburse the amount of the Products concerned and any return costs. Any refund will be made by the same method of payment you used to pay for your Products.
8.4. Notwithstanding the provisions relating to delivery and transfer of risk, Mirka reserves ownership of the Products delivered until full payment of the price, including costs, taxes and compulsory contributions is made by the Customer.
9. Consumer guarantees and express warranties
9.1. Australian Consumer Law guarantees
9.1.1. Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the ACL or any other applicable law which cannot lawfully be excluded or limited.
9.1.2. If the Customer acquires Products or services from Mirka as a consumer (within the meaning of the ACL), you are advised as follows:
Our goods come with guarantees that 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.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
9.2. Express warranty
9.2.1. In addition to your rights under the ACL (if you are a consumer), Products sold by Mirka are guaranteed for two (2) years from the date of purchase against defects in materials and workmanship when used in accordance with Mirka's instructions. To obtain an additional year (1) of warranty, you must register your Product within thirty (30) days of purchase.
9.2.2. The express warranty period is one (1) year when the tool, battery and chargers are used continuously for industrial purposes. You can register your tool, battery and charger at: https://my.mirka.com/login.
9.2.3. As warranty certificates are specific to each Product and each Customer, each Product must be registered separately. Registration and additional warranty cannot be transferred to a different person or company.
9.2.4. The battery and charger included with the purchase of the Product are covered by the 2+1 year express warranty program. Parts purchased separately are not covered by this express warranty. The battery is guaranteed for 2+1 years or 300 recharges from the date of purchase, whichever comes first.
9.2.5. If a Product encounters a problem covered by the terms of the express warranty and this problem is due to a manufacturing or material defect, Mirka will repair it free of charge, in accordance with the terms and conditions of the warranty defined here. For your warranty to remain valid, your Product must be used, maintained and managed in accordance with Mirka's safety and operating instructions.
9.2.6. Mirka's express warranty does not cover:
- Damage caused by improper use, negligent operation or maintenance, accidents, exposure to extreme temperatures, acids, water, improper storage, excessive impact or transport damage;
- Defects caused by spare parts, accessories or components other than original Mirka spare parts or accessories;
- Pneumatic tools used with unfiltered or unlubricated air;
- Normal wear and tear, such as: chainring, chainring brake, skirt, rotor, vanes, exhaust, muffler, bearings, carbon brushes, rubber support, battery (recharged more than 300 times) or power cable;
- Tools that have undergone: modifications, repairs or attempted repairs (by persons other than Mirka authorized service personnel), partial or total disassembly; or
- Mirka accessories, storage cases, product samples and/or advertising material.
9.2.7. The benefits given to you under this express warranty are in addition to other rights and remedies you have under the ACL (if you are a consumer) and other applicable Australian laws.
9.2.8. For more information on the conditions of Mirka's express warranty and on the conditions for making a claim under the warranty, the Customer is invited to consult Mirka's Express Warranty Conditions available at https://bestabrasives.com.au/pages/mirka-warranty.
10. Product uses and destinations
10.1. It is your responsibility to properly install and use the Products you have purchased from the Online Shop. To guide you properly, always read the instructions on the Product packaging, as well as the corresponding Mirka user/product manual and installation guide.
10.2. Mirka spare parts and accessories must be installed and used in accordance with the instructions in the user manual and installation guide of the Product in which you intend to install and use the spare parts and accessories.
11. Limitation of liability / Force majeure
11.1. Subject to Article 9 above, Articles 11.5 and 11.6 below and to the maximum extent permitted by law, Mirka excludes all liability to you for all loss, costs, damages or expenses arising out of or in connection with:
- i) any misuse, negligence or lack of maintenance by the Customer, its employees or subcontractors relating to our Products; or
- iii) any use of the Products by the Customer, its employees or subcontractors contrary to any instructions, limitations, recommendations or guidelines specified in the latest version of the technical data sheet or any other document containing rules of use communicated by Mirka to the Customer in writing.
11.2. Mirka cannot be held responsible for any failure, even partial, or delay in the execution of its contractual obligations resulting from the occurrence of a case of force majeure (“Force Majeure Event”). If a Force Majeure Event continues for more than ninety (90) days, either party may terminate the contract by providing written notice to the other party.
11.3. Force majeure is defined as any external cause, foreseeable or otherwise, of an irresistible nature, or whose effects would substantially alter the economic balance of the sale for Mirka. Events such as strike, fire, epidemic and pandemic, flood, riot, war, shortage of fuel, energy, transport, materials, official orders or legal measures, are considered as force majeure, even if only partial and whatever the cause. Subject to Article 9 above, Articles 11.5 and 11.6 below and to the maximum extent permitted by law, Mirka excludes liability for any indirect and/or consequential loss or damage including but not limited to loss of profits, loss of revenue, loss of business opportunity or loss of goodwill.
11.4. Subject to Article 9 above, Articles 11.5 and 11.6 below and to the maximum extent permitted by law, each party’s liability for any loss, cost, damage or expense suffered or incurred by the other party, its directors, officers, employees, agents and subcontractors is limited to the total value of the order for the Products placed by the Customer with Mirka in respect of which the relevant liability arose.
11.5. Nothing in these Terms and Conditions limits our liability for personal injury or death caused by our negligence, fraud or applies where it would exclude, restrict or modify any right or remedy you may have under the ACL (including the consumer guarantees, if you acquire any Products or services as a consumer) or any other applicable law which cannot lawfully be limited, excluded, restricted or modified.
11.6. Where you acquire Products or services from Mirka as a consumer (within the meaning given to that term in the ACL) and the ACL or any other applicable legislation implies any warranties, consumer guarantees or other conditions into these Terms and Conditions which cannot be excluded, restricted or modified except to a limited extent (“Non-Excludable Provisions”), these Terms and Conditions must be read subject to those Non-Excludable Provisions. If those Non-Excludable Provisions apply, then then Articles 11.1 to 11.5 do not apply and to the maximum extent to which Mirka is able to do so, Mirka’s liability for the breach of those Non-Excludable will be limited, at its option, to:
- in the case of goods (i.e. Products): (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and
- in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
12. Intellectual property
12.1. No intellectual property rights on any of the elements of the products or services offered by Mirka, including documentation and user manuals provided by Mirka, are transferred to the Customer.
12.2. The name "Mirka" as well as all trademarks, illustrations, images and logos appearing on the Products, their accessories and packaging, or on Mirka's website(s), whether registered or not, are the exclusive property of Mirka ("Mirka's distinctive signs"). Any total or partial reproduction, modification or use of Mirka's distinctive signs, for any reason and on any medium whatsoever, without Mirka's express prior consent, is strictly forbidden. The same applies to any other type of intellectual property right held by Mirka, such as copyright, design and patent that the Products may contain, which are the exclusive property of Mirka.
12.3. The Online Shop as a whole and each of its component parts (such as texts, tree structures, software, databases, animations, images, photographs, illustrations, diagrams, trademarks, logos, domain names, sounds and music) are protected by intellectual property rights. They are either the exclusive property of Mirka, which alone is entitled to exploit the related intellectual property rights, or are subject to rights of use, reproduction and representation granted to Mirka. Consequently, the use of all or part of Online Shop, in particular by downloading, reproduction, transmission, representation or distribution, in any manner whatsoever and on any medium whatsoever, without prior written authorization from Mirka, is strictly prohibited.
12.4. It is strictly forbidden to place a hypertext link directing to the Online Shop using the technique known as "framing" or "inlining" (copying a part or an element of the site onto another site). Consequently, no element appearing on the pages of the Online Shop may be partially or totally distributed, transferred or inserted onto another site, nor may it be used to create derivative products, except with the express authorization of Mirka.
12.5. All technical documents provided to the Customer also remain the exclusive property of Mirka, the sole owner of the intellectual property rights on these documents.
13. Personal information
13.1. Mirka will collect, use and disclose your personal information (including your name, email address, telephone number, residential and/or business address and purchasing history) in order to process your order, provide the associated services and manage any complaints you may have.
13.2. Further information on how we collect, use and disclose your personal information, how to access or correct your personal information that is held by us and how you can complain about a breach of the Privacy Act 1988 (Cth) (and how we will respond to your complaint) can be found in our Privacy Policy, which can be accessed at https://bestabrasives.com.au/policies/privacy-policy.
14. Customer support
For any general questions regarding the use, maintenance or service of the Products, please refer to the user manual or the information available on the Mirka Online Shop, on each tool’s product page on https://bestabrasives.com.au/. You can also contact Mirka customer service via the contact request form accessible at https://bestabrasives.com.au/pages/contact-us, by e-mail customerservice.au@mirka.com or by telephone 02 8036 8478.
15. Miscellaneous
15.1. Mirka reserves the right to subcontract or assign all or part of the performance of services under these Terms and Conditions.
15.2. If any provision of these Terms and Conditions is determined to be void, invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby.
15.3. These Terms and Conditions constitute the entire agreement between you and Mirka in relation to your purchase of Products from the Online Shop and supersede all prior agreements, representations and understandings.
16. Applicable law and dispute resolution
16.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, without regard to principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of New South Wales, Australia in relation to any dispute arising under these Terms and Conditions or in connection with your purchase of the Products and waives any right to claim that those courts are an inconvenient forum.
16.2. In the event of a dispute arising from an order or the use of the Online Shop, the Customer is invited to submit a written complaint by e-mail to Mirka's customer service team via the contact request form accessible at https://bestabrasives.com.au/pages/contact-us or by e-mail to customerservice.au@mirka.com, in order to find an amicable solution.
16.3. If the dispute cannot be resolved through Mirka's internal complaints process, the parties agree to attempt to resolve the dispute through mediation to be held in New South Wales, Australia and administered by the Australian Disputes Centre according to its Guidelines for Commercial Mediation (“Guidelines”). The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved.
16.4. Nothing in this clause limits the Customer’s rights to bring an action against us before the relevant consumer tribunal or court, or to lodge a complaint with the Australian Competition and Consumer Commission (“ACCC”).
16.5. If an amicable resolution of a dispute cannot be achieved within 30 days of the date that the dispute was referred to mediation, all disputes to which these Terms and Conditions may give rise, concerning their validity, interpretation, performance, resolution and consequences, shall be submitted to the competent courts of the State of New South Wales, Australia.
These Terms and Conditions were last updated on: 7th of May 2026.
