Terms of Supply
Every company must define it's particulars so here are the Legal Terms of Supply. I know, more boring content to read. Yawn.
- In these Terms and Conditions, unless the context or subject matter otherwise require:
Business Day means a day, not being a Saturday, Sunday or gazetted public holiday in the Sunshine Coast, Queensland, Australia;
Delivery means delivery to the location/s agreed between You and us and includes such other place or date (as the case may be) as the parties may agree or as we, in our sole discretion, considers reasonable in the circumstances;
Descriptive Matter includes without limitation, specifications, drawings, diagrams, particulars of weights/dimensions or any other form of measurement submitted with or prior to any offer by us or contained in catalogues, price lists or advertising matter;
Goods means any goods, products, parts or components ordered by You from us at any time;
Intellectual Property means and includes all copyright and related Rights, all Rights in relation to inventions (including patents and patent Rights), all registered and unregistered trade marks Rights, all Rights relating to registered designs, all circuit layout rights, and all other Rights resulting from intellectual activity in the artistic, literary or scientific fields excluding any moral attribution Rights;
Manufacturer means the creator or creators of Goods or any component of Goods;
Mokosozo (“we”, ’our”, “us”) means Mokosozo Pty Ltd (ACN 164 051 085);
Obligation means any express or implied legal, equitable, contractual, statutory or other obligation, agreement, covenant, commitment, duty, undertaking or liability;
Originating Location means the location of the relevant Goods at the time an act of acceptance is performed by You in accordance with clause 4 of these Terms and Conditions;
Personal Information has the definition attributed to it under the Privacy Act 1988 (Cth);
Right means any legal, equitable, contractual, statutory or other right, power, authority, benefit, privilege, remedy, discretion or cause of action;
Terms and Conditions means the terms and conditions set out in this document;
Website means the domain name mokosozo.com and any sub-domains; and
You/Your means the person or entity who has requested the Goods and/or the person or entity on behalf of whom the request for Goods is made.
- When You enter into any transaction with us using the Website, You acknowledge that:
(b) we are dealing with You on the express basis that these Terms and Conditions will apply in full to the transaction.
- We offer Goods for sale on the Website.
- By placing an order requesting Goods, You are offering to purchase the Goods from us.
- Orders for Goods will not be recorded or processed until You elect to pay for Goods at the end of purchasing process in the Website.
- Once You place an order requesting to purchase the Goods and complete all steps required, we are entitled to:
(a) rely on the request to purchase Goods as forming a contract (the Contract) to provide the Goods on the basis set out in these Terms and Conditions; and
(b) receive from You full payment for the Goods regardless of whether or not You wish to complete the transaction at a later time.
5. All Descriptive Matter is intended merely to present a general idea of Goods described within the Descriptive Matter. You acknowledge that:
(a) Descriptive Matter does not form part of the Contract;
(b) You have not relied upon any representation contained within any Descriptive Matter; and
(c) You have not relied upon any inducement, representation or statement made by us or our agents, employees or any other entity purporting to be acting on behalf of us when purchasing our Goods.
- Unless otherwise stated, all prices for Goods displayed on the Website are shown in Australian dollars and include GST where applicable.
- Prices are subject to change at any time.
- The actual price charged to overseas customers will be subject to the applicable exchange rate and fees charged by Your credit card company or PayPal.
- Delivery costs are charged in addition to the price of the Goods as they are listed on the Website.
- Unless otherwise stated, any accessories, furniture and fittings shown in any image depicting the Goods are not included in the purchase price.
GIFT VOUCHERS AND DISCOUNT CODES
- Gift vouchers and discount codes:
(a) are valid for one use only;
(b) cannot be redeemed for cash or credit; and
(c) do not include Delivery costs or postage of any sort.
- You must make payment for Goods by electing a method of payment from those provided at the time of placing Your order using the Website.
- We reserve the right to request full payment before dispatching ordered Goods to You.
- When placing an order, You undertake that You are the authorised user of the credit or debit card being used to make payment.
- A failure by You to make payment does not limit or derogate from any of Your Obligations under these Terms and Conditions.
- You acknowledge that in addition to any price agreed in exchange for the Goods You are also liable to pay the following costs (which You consent to us incurring on Your behalf):
(a) all postage and packaging costs as agreed when the order for Goods is placed;
(b) all taxes, duties and charges whatsoever imposed by any government or other government-related authority and payable in respect or by reason of the sale or Delivery of the Goods whether or not the same were payable at the date of the order or offer;
(c) the amount of any increase in the costs of supplying or delivering the Goods or any part thereof occurring after the date of order or offer for any reason, including without limitation, rates of exchange, landing charges, port dues or the cost of carriage, insurance or handling; and
(d) any excess over the amount estimated in respect of freight, insurance, port dues or handling changes at any port to which the Goods are to be shipped.
WHOLESALING AND RESELLING
- We do not provide Goods at wholesale prices or for wholesale purposes.
- We do not allow the Goods to be resold.
- If you resell our Goods, any money received in exchange for the Goods must be held on trust for our benefit and accounted to us immediately. Any sum received by you in selling our Goods may be sought by us as a liquidated damage.
- Without limiting any other clause in these Terms and Conditions, we will not, without Your consent, use Your Personal Information in a way that breaches the National Privacy Principles set out in the Privacy Act 1988 (Cth).
SHIPPING & DELIVERY
- We will process your order within 24-48 hours of payment being received.
- Orders will only be dispatched on Business Days.
- We will make all reasonable efforts to make Delivery of the Goods within:
(a) 2-4 weeks if delivery is to be made by land; or
(b) 6-8 weeks if delivery is to be made by air or sea,
starting from the date of receipt (in cleared funds) of the total price of the Goods.
- You expressly release us (and our servants, agents and employees) from any actions or Obligations conducted or incurred by You in reliance on any expected Delivery date and any claim or matter in connection thereof.
- You will accept Delivery of the Goods in accordance with any offer or in any other manner determined reasonable in the circumstances by us.
- If You fail to accept Delivery of the Goods, then You will be liable for any costs or damages incurred by us on account of Your failure to accept Delivery.
- The risk and all attached liability for damage of the Goods passes to You at the point of departure of the Goods from the Originating Location even if we deliver the Goods.
Termination by Us
- We may terminate any transaction arising out of the provision of our Goods to You immediately upon notice to You in any form at any time.
- We may cancel any orders placed for Goods listed at the incorrect price upon notice to You in any form at any time.
- Our only liability to You upon termination by us is a refund of the amount of payments made for the supply of the Goods which we have yet to Deliver. Monies advanced will be refunded using the same method by which payment was received.
Termination by You
- If You terminate a transaction with us, You are still liable to pay the full amount that would have been payable upon completion of the transaction provided that we have commenced any part of the process involved in completing the transaction agreed, including, without limitation, any administrative function.
LIMITATION OF LIABILITY AND REFUNDS
- If You have a genuine grievance with any Goods provided by us You should notify us in writing within seven days after Delivery of the Goods. We will then consider the merits of Your claim and at our sole discretion either:
(a) repair or replace the Goods;
(b) provide a partial refund, being 50% of the cost of the Goods. A partial refund of the cost of Goods may be considered only in circumstances when the Goods are returned in exactly the same condition as when they were delivered; or
(c) decline to provide any remedy contained in this clause.
- We expressly disclaim, to the fullest extent permitted by law, all express, implied and statutory warranties. Where any statutory terms may not be excluded, liability in respect of them is limited to no greater than the cost of replacement of the Goods subject to the statutory warranty.
- Any request for a return of Goods needs to be made within a reasonable time. We will require proof of purchase of the Goods before any refunds will be made.
- If You consider there is a legitimate dispute between us and You (the Parties) as to any part of a transaction governed by these Terms and Conditions, You must first go through the following dispute resolution process before the commencement of any arbitration or other legal proceedings.
- You must give us notice in writing setting out full details of the dispute (Dispute Notice).
- To resolve the dispute:
(a) for a period of 14 days after a Dispute Notice is given (or a longer period if the Parties agree in writing), the Parties will engage in negotiations and discussions in order to seek to resolve the dispute.
(b) the Parties must participate in the negotiations and discussions referred to in the above clause in good faith and will use all reasonable endeavours to resolve the dispute. The Parties may also appoint third party consultants to assist in the resolution of the dispute.
(c) if the Parties cannot resolve the dispute within the period set out in clause 39(a), You may request that the dispute be referred to mediation upon providing a written undertaking to bear all costs involved in the mediation.
(d) if You do not undertake to pay all costs involved in the mediation, then we are not obliged to attend any mediation.
- If the Parties to the dispute cannot agree on a mediator within seven days after a request under clause 39(c), upon the request of either Party the president of the Queensland Law Society Inc or that president’s nominee may appoint a mediator.
- Unless agreed by the mediator and Parties, the mediation must be held within 15 days of a request for the dispute to be referred to mediation being made under clause 39(c) and must occur on the Sunshine Coast unless otherwise agreed.
- If a Party to a dispute fails to comply with any aspect of the above clauses, the other Party does not have to comply with those clauses in relation to the dispute.
- Nothing in these Terms and Conditions obliges Mokosozo to attempt the dispute resolution process outlined above before it can take action against You.
INTELLECTUAL PROPERTY / CONFIDENTIAL INFORMATION
- If You provide us with specifications, designs, plans, descriptions, prototypes, samples, tooling or components for or in relation to the Goods or their manufacture or delivery or to enable us to provide the Goods to You, You agree to indemnify us against any claims, actions, demands, costs, damages, or expenses arising from or incurred by reason of any infringement of any Intellectual Property or confidential information arising from the supply or use of such specifications, designs, plans, descriptions, prototypes, samples, tooling or components. We are not required to defend any action, claim, or demand or to contest any costs or expenses covered by this indemnity before it is entitled to invoke this indemnity.
- Any Intellectual Property vested in the Goods remains our property and only a limited licence to use the Intellectual Property in the most limited extent necessary to enjoy the benefit from the Goods for which they are designed is included in the provision of the Goods irrespective of whether payment for any Goods includes an amount for design or production.
- All documents, information systems and know how provided to or disclosed to You by us must be treated as confidential by You and You warrant not to lend, copy, use, dispose of or sell such documents, information systems or know-how without our prior written consent.
ILLEGALITY AND SEVERABILITY
- The provisions of these Terms and Conditions will so far as possible be construed so as not to be invalid, illegal or unenforceable in any respect but if any provision on its true interpretation is illegal, invalid or unenforceable:
(a) that provision will so far as possible be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation of a partial character; or
(b) if the provision or part of it cannot be read down the provision or part will be deemed to be void and severable and the remaining provisions of this instrument will not in any way be affected or impaired.
- You irrevocably acknowledge that despite:
(a) your business or residential location;
(b) the delivery place of the Goods; or
(c) any other geographical indicia,
any transaction entered into between You and us is entered into under the laws of Queensland.
- Any dispute that is not resolved in accordance with the process outlined in clauses 37-43 must be resolved in a court of competent jurisdiction in Queensland.
- These Terms and Conditions or any Contract arising from them will not be interpreted, construed or applied adversely to us by reason of their having been drafted by or on our behalf.