Online Purchase Terms
Welcome to the online ordering facility of www.morningmojo.com.au (‘the Website’) owned and operated by Morning Mojo Pty Ltd. ACN 611 779 349 (‘Morning Mojo’).
The following Purchase Terms will apply to the purchase of any products through the Website (‘the Products’). In placing your order through the Website you acknowledge that you have read, understood and agree to be bound by these Purchase Terms. If you do not agree and do not wish to place an order, please return to our Home page.
1. PLACEMENT OF WEBSITE ORDERS
- (a) Purchase of the Products on this Website is restricted to individuals 18 years of age or older. Individuals below the age of 18 (‘Minors’) may have purchases made on their behalf by a parent or guardian.
- (b) Should we suffer any loss or damage as a result of a transaction entered into by a Minor, we reserve the right to seek compensation for such losses from the parents or guardians of the Minor who caused the order to be placed.
- (c) Your online order is completed once you have proceeded through the secure payment system on the Website and clicked on the ‘PLACE ORDER’ icon. Once your order has been processed, you will receive an automatic e-mail confirmation of the order.
- (d) While Morning Mojo will use all reasonable endeavours to ensure that the online ordering facility on the Website will be available, accurate and error free, Morning Mojo will not be responsible or liable in any way for any interruption or discontinuance of any or all of the functionality of the Website, including, without limitation, the online ordering facility.
- (e) You should contact Morning Mojo immediately should you wish to cancel any order for the Products placed through the Website. Requests for cancellation will be considered by Morning Mojo on a case-by-case basis and Morning Mojo will exercise its sole discretion in determining whether an order validly placed through the Website may be cancelled. Morning Mojo reserves the right to charge a cancellation fee to cover administrative costs for any orders cancelled prior to the despatch of your order.
- (a) Morning Mojo will endeavour to make the Products available for purchase from the Website at all times. From time to time however, heavy demand or other factors beyond the control of Morning Mojo may render the Products temporarily or permanently unavailable. We will endeavour to notify you if this will affect your order in any way.
- (b) Morning Mojo may, in its absolute discretion, decline to supply the Products where the Products are unavailable for any reason; or an order placed through the Website has not been received by Morning Mojo for any reason.
- (c) All products and services listed on this Website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of human error in entry of information, incorrect information provided to us by suppliers or distributors, or failure of suppliers or distributors to supply updated information to us. We reserve the right to change information from time to time including but not limited to pricing, specifications, descriptions, or product names without notice.
- (d) The colour of Products displayed online may vary slightly depending upon the individual user’s monitor and display settings.
3. PRICES, TAX & DUTIES
- (a) Prices for the Products (including relevant delivery costs) are the amounts specified in Australian dollars (including GST) on the Website as at the date of purchase (‘Prices’). Morning Mojo reserves the right to alter the Prices from time to time by updating the details on the Website. The Prices are inclusive of initial shipping charges.
- (b) For purchases from outside Australia we may display prices to you without GST and/or in alternate currencies however any applicable taxes, customs, clearance duties and sales taxes, which apply to your order are to be borne by you.
4. PAYMENT TERMS
- (a) All orders made via this Website must be pre-paid before fulfilment. Orders are to be placed in Australian dollars. Where you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our payment gateway provider in circumstances where this is required.
- (b) In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, we cannot warrant that stock will be held until an alternate payment method is available or the original payment method made to function.
5. DELIVERY, RISK AND TITLE
- (a) Estimated delivery times will be as stated on the Website. Morning Mojo does not deliver to post office boxes.
- (b) Risk in the Products will pass to you upon despatch of the Products from Morning Mojo’ premises in Australia. Title in the Products delivered will not be passed to you until all amounts payable by you have been received by Morning Mojo in full.
6. CUSTOMER SERVICE – RETURNS, EXCHANGES
- (a) Subject to Clause 6(b) in the unlikely event that the Products you have purchased are spoiled or are damaged to the extent that they are unusable, Morning Mojo will, at its cost, replace the Products or refund your money, if the Products are returned to Morning Mojo within forty eight (48) hours of delivery.
- (b) Before returning a Product under Clause 6(a), you must first contact Morning Mojo to provide us with details of the defect or damage concerned, your details and details of your Morning Mojo product, proof of purchase and any other details that will assist us to process the return.
- (c) Returned products must be safely packed by you in their original packaging and returned in the original condition in which they were received. We will not be held liable for damage to products incurred during return shipping.
- (d) Morning Mojo will exercise its discretion as to whether to issue a refund or provide replacement goods where the Products have been damaged in any way by you or returned to Morning Mojo outside the Warranty Period (dependant on the circumstances).
- (e) In all other cases, including ‘change of mind’, Morning Mojo will exercise its sole discretion as to whether to accept returns of the Products and issue refunds, exchanges or credits. You will bear the cost of the return of the unwanted Products to Morning Mojo in these circumstances and the freight costs of any exchanged or replacement goods issued to you.
7. LIMITATION OF LIABILITY
- (a) Except in relation to any liability which cannot be excluded at law, or which is specifically accepted hereunder, in no event will Morning Mojo be liable or responsible to you for any loss or damage of any kind whatsoever (including but not limited to consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly out of your selection or use of the Products or the supply, delay or failure to supply the Products by Morning Mojo.
- (b) Where legislation implies into these Purchase Terms any condition or warranty which cannot be excluded at law, Morning Mojo’ liability for breach of any such condition or warranty will be limited at Morning Mojo’ sole discretion to the replacement of the Product purchased or the cost of having the Product replaced.
- (c) Security of communications sent by electronic means cannot be guaranteed and you acknowledge and accept that information provided to Morning Mojo via the internet is provided at your own risk and that Morning Mojo accepts no liability in respect thereof.
9. GOVERNING LAW
These Purchase Terms will be construed in accordance with and governed by the laws of the State of Western Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia. If you choose to access and use the Website from other locations you do so of your own initiative and are solely responsible for your compliance with applicable local laws and regulations.