This set of purchase terms (the Purchase Terms) outlines your rights and obligations when purchasing any products (Products) from the Moku website (https://www.moku.com.au/ or the Website). The Moku website is owned and operated by the owner of Moku, the Vanguard Design Group Pty Ltd A.C.N 104 411 314 (we, us, our, the Company, or Moku), designers and suppliers of high quality architectural fixtures and fittings.
We reserve the right to amend the Purchase Terms at any time.
The Products must be purchased via the Website unless otherwise agreed with an authorised representative of Moku to be purchased via another method such as via email or telephone. You must provide full and accurate personal details at the time of making your purchase. You may be required to provide additional details upon request to finalise an order.
We communicate predominantly by email and do not accept any responsibility for incorrectly provided contact details, your email service reliability, for not regularly checking your email correspondence, or for our communications being directed to your "junk mail". Moku does not accept any responsibility for orders that are declined, delayed, or not accepted due to disruptions with internet connections and services.
USE OF THE PRODUCTS
You agree to indemnify and hold Moku, its officers, directors, shareholders, predecessors, employees, and agents harmless from any demand, loss, liability, claims, loss, damage, or claims of expenses made against Moku by any party due to or arising out of or in connection with:
a) the receipt, handling, transport, storage, installation, use or misuse of the Products or their packaging from that time that the Products are at your risk; or
Moku will not be liable to you for any damage, loss, loss of profits, loss of contracts, or loss of data, whether direct, incidental, indirect, special or consequential, arising out of the receipt of, installation of, use of, the misuse of, or in connection with, the Products, whether by you or a third party.
You use the Products entirely at your own risk.
The prices quoted on the Website or pursuant to your enquiry are displayed in Australian Dollars, and are inclusive of GST. All prices displayed on the Website are intended only to be an invitation to treat, to which you may respond with an offer to purchase.
We reserve the right to vary or withdraw the prices displayed on the Website from time to time and without notice to you.
FEES AND CHARGES
Fees and additional charges may apply where an order is cancelled, changed, or returned. You are solely responsible for any charges you may incur from your banking or financial institution as a result of purchasing any of the Products.
Please refer to the Returns Policy for further information relating to returns processes and terms.
We accept payment via selected credit cards as displayed on the Website from time-to-time or via selected methods linked to your Paypal account, or for some customers we accept bank transfer. In some cases store credits and promotion credits and gifts available to you can be utilised to pay or partially pay for Products. When you submit your order successfully you will be sent a transaction confirmation email confirming receipt of your order. If you do not receive this transaction confirmation within 24 hours of submitting your order, please contact us with your Order Number.
ERRORS AND OMISSIONS
If a purchase order or transaction contains errors or has omissions then Moku has the right to rectify such errors or omissions. This may result in adjustments made to an order, transaction or account balance and Moku will advise the Purchaser of any adjustments.
WARRANTY AND RETURNS POLICIES
By agreeing to and accepting the Purchase Terms, you also agree to the terms of our Warranty Policy and our Easy Returns Policy. This may mean that the return of items might trigger the cancellation or changes to the discounts the Purchaser received on their order that included the item. Such adjustments will be deductions from any refund processed or might require reimbursements of such discounts from the Purchaser before any return can be processed.
If a return of an item(s) is approved by Moku then the item needs to be received satisfactorily and accepted under the relevant policy before any despatch of a replacement or any other resolution step can be initiated. Unless otherwise advised by Moku, an item being returned remains the property of the Purchaser until Moku accepts it as a satisfactory return, and therefore any transit risk of loss or damage is borne by the Purchaser. Therefore Moku recommends the Purchaser arranges appropriate tracking and insurance for any return shipment.
We recognise that protection and safety of information relating to your credit card is very important. Therefore, we provide you with a very safe online shopping experience. We use very high strength Secure Sockets Layer (SSL) 128/256 bit encryption to transmit your personal and credit card details. This means absolute security and privacy. SSL is a sophisticated method of scrambling data as it travels from your computer to our merchant gateway's secure website servers.
Our ‘QuickSSL Premium Certificate’ is provided to us by "Let's Encrypt", a leading provider for online security.
PROCESSING OF PURCHASES
Unless otherwise stated in the product information on the Website, we only typically process orders on weekdays (Monday to Friday and excluding public holidays in Victoria) and typically ship your Products by the next business day following your order being processed. Moku reserves the right to withhold the shipping of your ordered Products if it wishes to seek further information from or verify information with you.
Moku reserves the right not to accept international orders, nor to ship to any destination outside of Australia.
It is your obligation to enter the correct delivery address and delivery instructions at the time of your order. If you enter an incorrect address, we will not be obliged to retrieve the Products sent or re-send the ordered Products to the correct address at our expense. Shipping of ordered Products will be via Australia Post or our other preferred courier service(s). Any and all delivery insurance will be voided if the delivery address is not valid, is a PO Box or third party location, or if you provide authority for Products to be delivered without a signature.
Depending on the Products ordered, Products within a single order might arrive to you at separate times. This is because we may send the Products in separate parcels or the Products may be sent via separate distribution centres.
We cannot guarantee delivery times. However, estimated delivery times are provided by Moku for delivery within Australia on the Delivery Information Page. It is the Customer's reponsibility to liaise with the courier group nominated by Moku in relation to delivery time and date. Ordinarily, the courier service nominated by Moku will deliver Products during local business hours. It is possible that shipping and factors outside of our control may result in delays. Moku does not accept any liability for loss or damage suffered by anyone as a result of such delays.
RETURN TO SENDER TERMS
If an order sent to you is returned to us (Return to Sender) as it was deemed undeliverable after a period of time by the nominated courier, or for any other reason, then we will determine if there was an error, inaction, or change of mind by us or by you that caused the return. If the return was deemed by us to be caused by us then we will correct the issue and promptly resend the order at our cost. However, if the Return to Sender is deemed by us to be caused by you, including providing an incorrect or incomplete delivery address, not providing a Company Name for a business address, or not being available to take delivery (the courier normally allows up to 2 weeks to re-attempt delivery before actioning a Return to Sender), then we reserve the right to pass on the additional charges we incur for the Return to Sender freight, and the freight to resend to you.
CANCELLATION OF ORDERS
You are entitled to cancel your order if you can contact our service team before the order is processed for despatch. The cancellation will be subject to the service team confirming it has been able to cancel the processing of the despatch request. If your order has already been processed for despatch then we cannot confirm the cancellation.
Moku may cancel your order if for any reason we are unable to provide you with the Products subject to your order. We will contact you should this occur. You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.
PRODUCTS MISSING FROM AN ORDER
In the event that a product is missing from an order, please contact us at email@example.com with the order number and the product code or product name of the product you ordered, and we will make the appropriate investigations.
PRODUCTS DAMAGED ON ARRIVAL
Moku provides protection for damage during shipping to your nominated address, subject to important terms as outlined in this section. We recommend you inspect all items from your order on arrival. If there is obvious damage on delivery we recommend you do not accept or sign for the damaged items, as this may waive your rights in regards to rectification for the damage, and contact our Service Centre as soon as possible. The customer must contact the Moku Service Centre with details of the damage within the lessor of:
- 3 business days or
- any other number of business days as noted on the parcel
of the delivery of the affected Products, and abide by the terms and conditions of this policy.
If Moku agrees that a Product is damaged on arrival Moku will, at its sole discretion, rectify the issue by either providing replacement parts, providing a replacement Product, or providing a refund of the Product purchase price. Moku will advise on what evidence of damage it requires and the process of assessing and rectifying the damage directly with the customer.
By agreeing to these Purchase Terms, you also consent to receive further electronic communications from us in relation to the Company's businesses, including information relating to products, competitions, promotions, special offers and any other commercial message. Of course, you may at any time, unsubscribe from receiving electronic commercial messages from us. Simply email us at firstname.lastname@example.org.
The laws of Victoria, Australia govern this agreement.
If you have any questions about the Purchase Terms, please contact us at email@example.com.
Purchase Terms last updated 17 Feb 2018.