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TERMS & CONDITIONS

These Terms & Conditions apply to online products sales only.
 
Agreement 

 

a. These Terms and Conditions apply to You, and govern Your usage of the Site and to Customers and govern the purchase of Goods through the Site or any other means.
b. By browsing the Site, or placing an Order, You agree to by bound by these Terms and Conditions as set out herein.

 

Legal Capacity

 

a. Momu will only sell Goods to individuals or organisations who can enter legally binding contracts under applicable law. Without limiting the foregoing, Momu will not sell Goods to children (persons under the age of 18) or a person suffering from a legal disability.
b. Any Order made by a Customer is an acknowledgement by the Customer that
    i. they are over the age of eighteen (18) years;
    ii. they accept these Terms and Conditions;
    iii. they have entered into a legal contract with Momu in relation to these Terms and Conditions.
c. Momu reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of an order entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.

 

Payments

 

a. Payment Methods
You may choose from any of these payment methods:
   * Credit Card – Visa, Mastercard, American Express
   * Direct Deposit into our bank account (payment must be received within 5 business days or the order will be cancelled)
   * Personal or business cheque (payment must be received within 7 business days or the order will be cancelled)
b. Security
Your privacy and the security of any information you give us are of great importance. No personal information is provided to third parties and all private details are securely stored. Credit card payments by phone are processed entirely in-house. A Momu staff member will take your card number, authorise the transaction and destroy any credit card details. Online payments are processed by the premium e-commerce gateway Securepay. This system uses industry standard 128bit SSL encryption technology.
c. Changes
Every effort is made to ensure advertised prices are current and correct. If the price of your purchase is higher than quoted on our website, we will contact you by email or phone immediately. You may choose to proceed with the order or to cancel and receive a full refund.

 

Pricing

 

a. Prices
All prices advertised on this website are shown in $AUD (Australian Dollars). Prices are current at the time of publication but may change over time or with product availability.
b. Changes
Every effort is made to ensure advertised prices are current and correct. If the price of your purchase is higher than quoted on our website, we will contact you by email or phone immediately. You may choose to proceed with the order or to cancel and receive a full refund.
c. GST & Taxes
All website prices include Australian Goods and Services Tax (GST) of 10%. You are responsible for payment of any other tax, duty or liability imposed on products or services ordered using this website, including but not limited to customs duty or value added tax.

 

Orders

 

a. A Customer may place an Order by filling in the Order form on the Site and clicking the “ADD TO CART” button.
b. When the Customer places an Order, Momu will issue the Customer with an Order number via email.
c. Offers for Products made by Momu via the Site do not constitute an offer to sell but an invitation to treat. In placing an Order the Customer makes an offer to Momu to purchase the Products the Customer has selected based on these Terms and Conditions.
d. Orders will be deemed to have been accepted by Momu at the time Momu sends an Order confirmation to Customer’s nominated e-mail address.
e. Momu primarily communicate with Customers via e-mail.
f. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence including spam folder.
g. Each Order (once confirmed) represents a separate agreement between Momu and the Customer.
h. Momu reserves the right to not accept or to cancel orders that request commercial quantities of products.
i. Momu, at its sole discretion, may cancel an Order at any time prior to dispatch of the Goods, including Goods that are sold on Pre-sale.
j. In the event of a cancelled Order by Momu, funds paid in relation to that Order will be refunded in full within seven (7) days.
k. Momu reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer.
l. An alteration to the Products does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
m. Momu accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

 

Quality

 

Warranty

 

Momu warrants goods put to normal use against defects in materials or workmanship for a period 1 year from delivery. Under this warranty, Momu takes responsibility (at its discretion) for repairs to or replacement of goods covered by this (or an inferred) warranty, at no cost to the purchaser. The Momu warranty excludes:
a. Normal wear and tear;
b. Damage caused by irregular use, or misuse;
c. Where an item has been modified or not been maintained; and
d. Any indirect or resulting loss.This warranty applies to the original goods supplied and, proof of purchase will be required. Any repairs undertaken on the request or instruction of Momu are included in the 12 month warranty on workmanship and repair. A replacement item will be supplied if Momu considers repair workmanship defective.All other warranties, express or implied, are excluded to the maximum extent permitted by law.

 

Colours and Finish

 

Every care is taken to accurately show and describe colours, finish and detailing of our products. Sometimes the item delivered may look different to your screen. This is because individual computer monitor settings vary widely. Many products are handmade and have a natural colour, finish and detail variance that is part of their beauty. Variation from that depicted on screen is not a product flaw nor grounds for refund or a warranty claim.

 

Dimensions

 

The dimensions stated on the product page are an approximation and may vary from the actual item.

 

Faulty or Damaged Goods

 

a. Many of the items available at Momu are hand crafted and may have slight flaws, imperfections or design/colour variation which are part of their charm and value.
b. If you are not happy with an item purchased online for these reasons, it can be returned under the Momu 7 Day Money Back Guarantee. If you notice anything, write your concern on the delivery docket before signing. Get the driver to initial your remarks. Take a photo after the delivery.
c. In the unlikely event of transit damage, please contact Momu within 48 hours to arrange a replacement send an email to [email protected] with your order reference and a short description. Soon after, you’ll hear from a Momu team member about what to do next.
d. To obtain a replacement, goods should be returned in original condition, together with packaging, parts and accessories.
e. If original packaging cannot be reused, your item should be repacked for safe return to our Melbourne warehouse. If your goods arrive with further damage, Momu may decline your refund or replacement.
f. Momu will repair or replace damaged or faulty Goods in accordance with these Terms and Conditions and in accordance with its obligations under the Competition and Consumer Act 2010.
g. Momu have the right in regards to the faulty or damaged Goods at its absolute discretion to either:
    i. replace the Goods;
    ii. repair the Goods;
    iii. refund the full amount paid for the Goods; or
    iv. refund part of the amount paid for the Goods.
h. Where the customer fails to notify Momu within a reasonable period of time of the fault or damage Momu reserves the right to limit the remedies available to the Customer as per Momu’s standard warranties.
i. Momu reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this clause.
j. Momu may seek reimbursement of any costs incurred by Momu if the Customer was given prior notice of the fault or damage or if the Goods are found:
    i. not to be faulty or damaged; or
    ii. to have been used in an abnormal way.

 

Refunds and Returns

 

a. Other than in accordance with Momu’s Seven Day Money Back Guarantee, Momu does not provide refunds unless required by law.
b. Momu will accept the return of Goods that have been supplied incorrectly only as provided in these Terms and Conditions.
c. In order to facilitate a return under these Terms and Conditions the Customer must in writing to [email protected] provide:
    i. copy of the Order confirmation;
    ii. the reason for the refund or return; and
    iii. the remedy which the Customer is requesting.
d. The Customer must comply with directions from Momu to facilitate a return.
e. Returned Goods must be returned Momu in either their original packaging or with reasonable packaging required for safe transportation along with all accessories.
f. The Customer is responsible to ensure that returned items are returned safely and at the Customer’s expense.
g. Momu takes no responsibility for Goods lost or damaged in transit when returned by the Customer.

 

Delivery

 

Free delivery for online orders of $2,000 or more to metro Melbourne, Sydney, Brisbane and Adelaide.

 

a. Delivery fees vary based on product, quantity ordered and your delivery location. These fees will be displayed and highlighted to you before completing your order.
b. Dispatch times for delivery may vary according to availability and any guarantees or representations made as to delivery times may vary according to delays resulting from postage or courier delays or force majeure events which are outside Momu’s control.
c. Delivery of goods will be made at the delivery address specified by you during the order process. You will need to provide a current street address for delivery to take place.
d. If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representatives instructions as if they were your own.
e. You or your nominated representative will be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery manifest this will be taken as a refusal to accept delivery and you may be required to pay an associated fee for redelivery.
f. You agree to provide us with as much detail as possible about particular features of the delivery address to ensure delivery can take place easily. This includes without limitation any: (a) Restricted access or parking for the delivery truck; (b) Restricted or limited access to the premises; or (c) if you have narrow doors, spiral staircases or tight corners. When redelivery is required because access issues or limitations for making delivery, you may be required to pay any associated fees for redelivery.
g. Upon delivery, you must inspect and test your goods and check that the goods delivered match the type, model, colour, features and quantity of your order. If there is obvious damage to the goods due to transit, you must contact us here as soon as possible. If the goods are not as ordered, you may return the goods to us in accordance with the Return and Refund policy. You must let us know of any damaged goods, missing and incorrect goods as soon as possible.
h. Any returns due to you changing your mind about your purchase will attract a redelivery fee.
i. The delivery cost does not include set-up costs or removing the packaging, rubbish or disused furniture.
k. Momu does not accept responsibility for any delay in delivery or failure in delivery caused by our delivery company.

 

Gift Registry

 

We aim to make using the Momu gift registry as simple as possible. But there are some things you need to know, especially about delivery and product availability. Please take a few minutes to read this information and do ask us about anything you’re unsure of.  Using the Momu gift registry is acknowledgement you agree to these terms and conditions.

 

Unavailable items

 

If an item listed in your gift registry is purchased by a guest and becomes unavailable, Momu will:
  1. offer a similar alternative product, or
  2. give the registry owner a store credit. Store credits are issued for the item value and may be used to purchase any other Momu product.
Cash refunds will not be given under any circumstances.
Guests who have purchased items that become unavailable are not notified when goods are exchanged for store credit issued.

 

Registry Cancellation

 

The registry owner must immediately notify Momu in writing if a gift registry is to be closed. Any guests who bought list items before the date of registry cancellation will receive a full purchase refund from Momu. Registry cancellation attracts an administrative fee, being 10% of the total value of refunded purchases. This amount is paid by the registry owner on closure.

 

Delivery and pick up

 

There is no charge to the gift registry owner for delivery.
Any freight cost is calculated on shipment of the item(s) from our Melbourne warehouse. Delivery is paid at the time of purchase by the buying guest.
After your event, Momu will deliver your gifts as per our standard delivery schedule. Simply email us or call 1300 052 495 seven days a week to book a time and day that’s convenient.
After your list closes, you can still buy any unpurchased items for yourself – to be delivered with everything else.
Even if you decide to collect gifts from the Momu showroom, delivery fees may not be:
   * removed from a list,
   * refunded to the gift registry owner,
   * refunded to purchasers or guests,
   * exchanged for store credit.
If a guest wants to pick up an item to gift in person, there is no delivery charge.
If (due to fragile or delicate nature), an item in your gift registry is described as ‘pick up only’, it must be collected from our Richmond showroom by the purchasing guest or by the registry owner.

 

Pick up address:

 

Momu
550 Swan Street RICHMOND VIC 3121
Mon – Fri:  9:00am – 5:00pm
Sat – Sun:  11:00am – 4:00pm (please arranged with our office first)

 

Gift registry returns

 

Gift registry items are not subject to the Momu 7 Day Money Back Guarantee. Collected or delivered items may not be exchanged or returned unless damaged, faulty or incorrectly supplied. Written notification of any damaged, incorrect or missing items must be provided within 48 hours of delivery/collection.

 

Discount Offer

 

Following their event, gift registry owners receive a personalised promotional code. The code provides a 15% discount (ex shipping charge) on any online purchase made up to one month after the event. This discount code is strictly not transferable.

 

Gift Card

 

a. Momu E-Gift Cards are sold subject to the following terms and conditions:
b. Gift Cards can be redeemed against all products on the www.momu.com.au website and in-store. Simply type in your unique gift card number on the Cart Page when making your purchase. Your gift card amount will then be automatically deducted from the total of your order.
c. If redeeming your gift card in-store, simply display your gift card email on your mobile phone/tablet or present a printed copy at point of sale.
d. If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and can be redeemed against subsequent orders. You can check your Gift Card balance via your My Account page.
e. If your order exceeds the value of your gift card the balance must be paid by credit card, bank transfer or cheque.
f. Gift Cards are non transferable and may not be returned or redeemed for cash.
g. Only one Gift Card can be used per transaction.
h. Momu is not liable for delivery of an E-Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
i. Momu is not responsible if a Gift Card is used without permission.
    i. Gift Cards cannot be cancelled once they are issued except if voided by Momu, if their value is used or if they expire.
    ii. We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.
    iii. Momu reserves the right to cancel a Gift Card if we deem such action necessary.
j. Gift Cards are valid for 24 months from date of purchase. Any balance that remains on the gift card after expiry will not be available for use.
k. If you have reason to believe that an error has occurred in relation to your Gift Card, please 1300 052 495 or email customer [email protected] seven days a week.

 

Promotion Code

 

Promotion codes are non-transferrable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

 

Copyright

 

Unless noted otherwise, Momu is the copyright owner or license holder of all trademarks and content published on this website.
You must ask permission to reuse any content. Without approval in writing, you may not change, copy, adapt, reproduce, upload, post, transmit, sell, frame, embed or store for retrieval any website content unless permitted by law.
Information provided on this website is for private use. Individuals may save a reproduction of website material on a local computer or print copies for personal viewing and information but
not for commercial use.

 

Indemnity

 

a. The Customer indemnifies Momu and each member of Momu’s personnel on a full and continuing indemnity basis from and against any Liability or Claim arising directly or indirectly in relation to:
    i. the Customer’s breach of these Terms and Conditions;
    ii. the negligence or wilful misconduct of the Customer;
    iii. damage to the property of the Customer or any third party during any delivery of Goods;
    iv. any spillage, breakage or contamination of Goods during any transport or delivery;
    v. the Customer directly or indirectly causing any delay in the supply of any Goods;
    vi. the Customer refusing to accept any delivery of Goods; or
    vii. the Customer purporting to cancel an Order.

 

Liability

 

a. Momu’s liability for any Liability or Claim in relation to these Terms and Conditions and supply of Goods will be limited to the amount of the amount paid by the Customer to Momu.
b. Momu will not be liable to the Customer or any other person for any Liability or Claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.

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