terms and conditions
Please read carefully the terms and conditions set out hereto. By accessing to this website (“Site”), you signify your acceptance of the terms and conditions set out hereto. From time to time, we reserve the right to modify, change and/or amend these terms and conditions at any time and without prior notice to you. Accordingly, please continue to review these terms and conditions whenever you access or use this Site. Your use of this Site after the posting of modifications or changes to these terms and conditions will constitute your acceptance of the terms and conditions as modified or changed. If you do not wish to be bound by these terms and conditions, you should refrain from using this Site.
3. INFORMATION AND CONTENT
You agree that the content available throughout this Site is the sole property of Moku Concept Store and/or its licensors (collectively, “Moku”) and thus all information and/or materials on this Site constitute valuable intellectual property of Moku. You agree to protect such proprietary rights of Moku in that you are not authorized to copy, reproduce, republish, upload, post, transmit, distribute, recompile, decompile, disassemble, reverse engineer, modify, alter, edit, disseminate and/or in any other way exploit in any manner whatsoever any part of this Site without the prior written consent of Moku. In particular (without limitation), you may not copy, modify or display the name, logo, text and/or graphic images of Moku in any manner whatsoever; you may not redeliver any of the pages, text, images and/or content of the Site using any technology whatsoever; and/or modify or use the pages, text, images and/or content from the Site in any way or for any purpose whatsoever without the prior written permission or consent from Moku. Please take note that doing any of the above matter may be a violation of Moku’s intellectual proprietary rights. You hereby agree that the restriction stated herein shall continue to apply after you have ceased using this Site without limit in point of time.
You agree that you shall not misuse this Site. You shall not: (1) commit or encourage a criminal offence; (2) transmit or distribute a virus, trojan, worm, logic bomb and/or post any other material which is malicious, technologically harmful, in breach of confidence and/or in any way offensive or obscene; (3) hack into any aspect of this Site; (4) corrupt data; cause annoyance to other users; (5) infringe upon the rights of any other person's proprietary rights; (6) send any unsolicited advertising or promotional material, commonly referred to as "spam"; and/or (7) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
Moku will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data and/or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.
The use of automated systems or software to extract data from this Site for commercial purposes ('screen scraping') is prohibited without license.
5. LIMITATIONS OF LIABILITY / WARRANTY
You understand and agree that Moku does not warrant that the Site will be uninterrupted or error free. Moku would use its reasonable endeavour to ensure that any information available through the Site would be up-to-date and accurate. However, in the event that any information is not available, is delayed, is interrupted, is incomplete, or is not accurate or is otherwise materially and adversely affected, Moku shall only in so far as is reasonably practicable endeavour to correct such failure(s) and shall not be in any manner liable for any loss or damages incurred or suffered as a result of such failure(s).
Kindly take note that Moku reserves the right to refuse any orders that you may have placed based on information that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms and/or return policies.
In order to use some of the services or features made available to you on this Site, you may need to register with us. When you register with us, you will be required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your information change, please notify us immediately at the following e-mail address: email@example.com. Kindly take note that we may change the registration requirements from time to time at our sole and absolute discretion.
Any account password that you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account.
We reserve the right to close your account with us any time at its sole and absolute discretion for any reason whatsoever.
7. REQUIREMENTS TO PURCHASE
In order to purchase any item or product on this Site, you will be required to provide your personal details, such as (without limitation) your full name, phone number, e-mail address and/or such other information as may be required to enable us to process your order(s).
Furthermore, you will also be required to provide your payment details that you represent and warrant are valid, true and accurate and you confirm that you are the person referred to in the billing information provided to us. This Site is available only to individuals who meet Moku’s requirements to purchase, namely those who are over 18 years old, those who have been issued a valid credit/debit card by a bank acceptable to Moku, and who have authorized Moku to process a charge or charges on their credit/debit card or bank account in the amount of the total purchase price for the item(s) or product(s) which they wish to purchase.
Items or products purchased should be for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit without the prior written consent from Moku. Moku reserves the right to restrict multiple quantities of an item or product being shipped to any one customer or postal address.
By making an offer to purchase an item or items on this Site, you expressly authorize Moku to perform credit checks and wherever necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use the personal information provided by you to conduct any appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability. Kindly take note that items in your shopping basket are not reserved and may be purchased by other customers. Whilst we make every effort to ensure that the details, descriptions, prices and/or the availability of our goods or products on this Site are accurate, errors may sometimes occur. In the event that we discover an error in the price, the availability or such other details of any goods or products that you may have ordered on this Site, we will inform you of such error as soon as possible and we will request you to re-confirm your order via e-mail. In the event that we are unable to contact you or obtain any response from you within 24 hours, we will treat your order as cancelled. You may either cancel and get a full refund of that particular item or cancel and get a full refund of your entire order.
Occasionally we may be waiting for shipments from our suppliers and/or manufacturers. Consequently, you may from time to time be given the option of making an advance payment for certain items (“Pre-Order Items”). This will ensure that you receive these Pre-Order Items in priority once we have received them from our suppliers and/or manufacturers.
Alternatively, you may simply choose to register your e-mail address for notification of the arrival of the Pre-Order Items. Kindly take note that customers who have made advance payments for the Pre-Order Items will receive the said items in priority.
Please be advised that at times we may not be able to deliver the Pre-Order Items due to production problems, quality check issues or such other unforeseen situations. In these circumstances we will notify you by e-mail and refund all monies made for the Pre-Order Items to your credit/debit card or bank account within 7 days. If you have registered your e-mail address for notification of the arrival of the Pre-Order Items on our Site, we will attempt to notify you by e-mail within 48 hours of the product becoming available on the Site.
10. CONTRACT BETWEEN US
Once you have placed your order, you will receive an e-mail from us, acknowledging the details of your order. Kindly take note that this e-mail is merely an acknowledgement of receipt of your order and shall not, at any time, be regarded as an acceptance of your order. Acceptance of your order and completion of the contract between you and Moku will only occur when we send you an e-mail confirming that the goods or products you have ordered have been dispatched. The contract is concluded in Australia and the language of the contract is English. We reserve the right not to accept your order in the event, for example (without limitation), that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility requirements set out in these terms and conditions.
We may also refuse to process and/or accept a transaction for any reason whatsoever or refuse service to anyone at any time at our sole and absolute discretion. We will not be liable to you or any third party by reason of our withdrawing any item or product from this Site whether or not that item or product has been sold, removing, screening or editing any materials or content on this Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We regret that at the moment, we only accept payments via PayPal. At checkout, you will be directed to PayPal’s website. You may then either log in to your PayPal account OR click on the “Pay with debit or credit card” icon, to complete the transaction. Kindly complete all information required accurately and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to our Site. Payment will be debited and cleared from your account and thereafter your order will be dispatched. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Moku, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. If you are a registered user with Moku, we will securely store your credit/debit card details on our systems. These details will only used to process card transactions which you have initiated.
We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
12. PROMOTION CODES
From time to time, we may offer promotion code(s) to you, which may apply to any, or certain specified purchases made through this Site. In addition to these terms and conditions, the promotion code(s) may be subject to some additional terms and conditions. We will notify you of the additional terms and conditions when the said promotion code(s) is issued to you.
Unless otherwise stated, the following terms and conditions shall apply to all promotion codes issued by Moku:
a) Only one promotion code can be used against an order at any one time.
b) A promotion code may not be applied to an order after the said order has been placed.
c) If a promotion code has expired, it shall no longer be accepted.
d) Promotion code(s) are non-transferrable and may not be exchanged for cash. If you receive a promotion code from us, it can only be used by you on your own account with Moku for the purpose for which it has been issued. You shall keep it confidential. Do not pass your promotion code to others or make it available to others (for example, posting it on social media or on a forum). If at any time we believe that you are abusing the use of promotion codes in any way (for example, selling them to others), we reserve the right to cancel your promotion code(s) and/or suspend/close your account with us without notice.
e) Each promotion code may only be used once.
f) Promotion code(s) may not be used to purchase items, goods and/or products that are on sale or discount.
g) We reserve the right to amend these terms and conditions at any time.
Please take note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods, excluding weekends. Orders are shipped with Australia Post. On dispatch of your order, you will receive an e-mail from us, informing you of the delivery tracking number. All orders will need to be signed for upon delivery and in the absence of the receiver and a calling card will be left. It is then the customer's responsibility to organise another appropriate delivery time or to collect the parcel from the relevant post office. Kindly take note that the time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused.
14. CANCELLATION OF ORDER
As our orders are processed and dispatched quickly, we are unable to cancel or change any details in your order once it has been placed. If you have any problems with your order, please contact us at firstname.lastname@example.org as soon as possible. Please be advised that you have the option to return your order within 7 days of receipt.
We always want you to love your new purchase. If you are unhappy or unsatisfied with any item that you have purchased from us, you could always return it to us within 7 days of receipt. Kindly e-mail us at email@example.com before returning any item to us. The item must not be worn, damaged, washed or altered in any way and must be in the original condition when you received it.
All postages for the returned item shall be borne by you. Kindly take note that all return parcels must be sent using a delivery method that allows tracking. Kindly let us have the tracking number once you have posted the parcel to us.
If you return an item that does not meet the requirements for returns set out above, we reserve the right to reject the return and any request for a refund. Once we have received your item, we will inspect it and if we are satisfied that everything is in order, a full refund will be given to you.
Kindly take note that we do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your Moku account.
As for sale items and accessories, we regret that they are not eligible for refund or exchange. If a full priced item has a promotion code applied to it, this does not qualify it as a sale item unless specified by the terms of the promotion.
16. PRODUCT DESCRIPTIONS AND DEFECTS
We try to be accurate as reasonably possible in our descriptions of products available for purchase through this Site. However, the items or products may vary slightly from the photographs displayed on this Site. The images of the items or products on our Site are for illustrative purposes only. Colours may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We do however strive to ensure that screen colours are true to life, as much as possible. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
Minor variations in measurement (within 1 to 3cm) are not considered a defect. If you believe you have received a defective item, please do not hesitate to contact us at firstname.lastname@example.org with your order number, and a photograph of the defect. We will be in touch with you as soon as possible to solve the problem for you.
Postage will be reimbursed for all items acknowledged to be defective. All items mailed back to us must not be worn, damaged, washed or altered in any way and must be in the original condition when you received it. If the replacement piece is no longer in stock, a refund will be issued to you.
17. INCORRECT ITEMS
If you believe that you have received a wrong item, please do not hesitate to contact us at email@example.com with your order number, and a photograph of the item. We may ask you to proceed with sending your item back to us, for which your postage will be reimbursed. All items mailed back to us must not be worn, damaged, washed or altered in any way and must be in the original condition when you received it. If the replacement piece is no longer in stock, a refund will be issued to you.
18. UNDELIVERED PARCEL
We will contact you via e-mail in the event of a bounced parcel. However, please note that, without prejudice to any other right or remedy available to us, we may charge you for storage costs and any further delivery costs, or terminate your Order if you repeatedly fail to take delivery of the product.
Bounced parcels that are unclaimed after 1 year will be deemed as Moku’s property and no compensation will be offered as sufficient response time has been given.
You agree to indemnify, defend and hold harmless Moku, its shareholders, directors, officers, employees, consultants and/or agents, from any and all third parties’ claims, liabilities, damages and/or costs (including, but not limited to, legal fees) arising from your use this Site or your breach of these terms and conditions.
Moku shall have the right in its sole and absolute discretion, at any time and without notice, to amend, alter, remove or vary any of these terms and conditions and/or any page of this Site.
If any part of these terms and conditions is found to be void or unenforceable, such provision shall be deemed to be deleted from these terms and conditions and the remaining provisions of these terms and conditions shall continue in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you have a complaint, please contact us at firstname.lastname@example.org.
Our rights shall not be prejudiced or restricted by any indulgence or forbearance extended to you, and no waiver by us in respect of any breach by you shall operate as a waiver in respect of any subsequent breach.
24. GOVERNING LAWS
These terms and conditions are to be construed in accordance with the laws of Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Australian courts.
25. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement and supersede any and all preceding and contemporaneous agreements between you and Moku.