Terms & Conditions
1 – AGREEMENT
1.1. These terms and conditions apply to our customers and users of our website and any associated processes and third party applications, including the purchase of goods and services online and over the phone and via email communication.
1.2. When you browse our website or online marketplaces or place an order with Momostick, you are agreeing to the terms and conditions that are set out in this agreement.
1.3. These terms and conditions may change from time to time.
2 – INTERPRETATION
2.1. In our terms and conditions:
2.1.1. “We”, “Our”, “Us” and “Company” refer to Vantage Direct Pty Ltd, trading as Momostick.
2.1.2. “Customer” refers to the legal entity or person named in a sales document provided by our company.
2.1.3. “Order” refers to the purchase of goods and services by a Customer online, in our stores, over the phone or via email communication.
2.1.4. “Material” refers to any information (which includes but isn’t limited to drawings, source codes and data) or images of any type (whether or not they are visible) that are used or stored on our website.
2.1.5. “Agreement” is referring to our terms and conditions, which includes the terms of any order that you, the user, have placed online, via email or over the phone.
2.1.6. “Product/s” refers to items we have listed on our website, including our extended warranties.
2.1.7. “Postage” refers to the postage and handling costs that are associated with delivery of our products or goods to the customer.
2.1.8. “Website” is referring to our internet site that is located at the URL momostick.com.au and operated by our company.
2.1.9. “Goods” refers to the products that an order lists.
2.1.10. “Pre-order” refers to any items that are currently out of stock, anticipating that they are in stock on or around the date of dispatch that is stated on the website’s product listing.
2.2. Within this agreement, any reference to one gender includes all genders, reference to the singular will also include the plural, reference to a statute or act includes any statute or act that modifies, replaces or supersedes early statutes or acts, reference to persons will include all associations and bodies, including incorporated and corporate, or vice versa. The paragraph headings are only for reference purposes and any references to clauses are to specific clauses found within this terms and conditions agreement unless it is otherwise specified.
3 – WEBSITE USE
3.1. We take all necessary steps to ensure that our website is safe to use. We expect that you will take precautions to prevent the unlikely event that a virus or interference results in damage to your computer when using this website.
4 – PRICING
4.1. All prices listed on our website are in Australian Dollars.
4.2. All prices listed on our website include GST.
4.3. All prices we display on our website may change and notice is not required. Once you confirm an order, the price for the items in that particular order are fixed.
4.4. When you place an order, you are agreeing to pay the applicable delivery cost as calculated during the checkout process on our website.
5 – PRODUCT SPECIFICATIONS
5.1. The specifications and features of our Products are subject to change and do not require notice.
5.2. Any dimensions and weights mentioned are approximate.
6 – ORDERS
6.1. An order may be placed either by completing the checkout process on our website or by speaking with a team member over the phone or by communicating with a team member via email. When you place your order, you are agreeing to purchase the Product/s that you have selected based upon this Agreement.
6.2. Your order will be deemed as received by our company when we send you an order confirmation to the email address you have provided to us.
6.3. It is your responsibility to provide us with the correct contact details and that you check your provided email address and phone message service regularly for our correspondence.
6.4. We reserve the right to refuse or cancel any order at any time before goods have been dispatched.
6.5. We reserve the right to alter the specifications of the Goods at any time without providing the Customer with notice, but only in the interest of product improvement.
6.6. In the unlikely event that an order cannot be fulfilled due to insufficient stock, we will offer delivery when the item is back in stock, an alternative product/colour or a full refund.
6.7. We reserve the right to refuse any sale.
7 – PAYMENT
7.1. We accept payment for orders by direct deposit, PayPal, MasterCard, Visa, American Express, UnionPay and cash.
7.2. When placing an order through our website, the payment will immediately be processed, including for any products that may be listed on pre-order. If the payment is not received for any reason, we may contact you to process the transaction or to confirm any details.
8 – OWNERSHIP OF GOODS AND DELIVERY
8.1. In the unlikely event that postage delays occur, we are not liable for any damage or loss that is caused by this delay and we cannot provide refunds for the product or delivery cost.
8.2. In the unlikely event that Goods are damaged when they are in transit with third party carriers, the customer may contact our company in accordance with Clause 9.
8.3. The delivery timeframes mentioned on our website are estimates only.
8.4. When the customer receives delivery of the purchased Goods, they take on ownership of the Goods.
8.5. If a customer provides written authority for items to be delivered without providing a signature, any and all insurance cover included will then be voided if it is left as instructed by the customer.
8.6. The carrier that we nominate will deliver the Goods during business hours Monday to Friday, unless another arrangement has been made.
8.7. If a customer wishes to cancel their order after the order has been dispatched, the cancellation will be at the discretion of our company. The customer is responsible for any costs associated with the return and redirection.
9 – DAMAGED OR FAULTY GOODS
9.1. Customers acknowledge that in rare cases, the Goods may arrive to customers with damage or faults which may be caused during transit or by other causes.
9.2. If a product arrives with a fault or is damaged, we will replace the product.
9.3. For any claims regarding faulty or damaged products, we may require video or photographic evidence, whichever is the most applicable in the case, of the fault or damage to be emailed to firstname.lastname@example.org.
9.4. We reserve the sole discretion to decide whether the Goods are damaged or faulty in accordance with Clause 9.
9.5. We may seek the reimbursement of the costs that may be incurred by us when we find that a returned product is in good working order.
9.6. Any insignificant variations in finish or colour (as between the Goods that a customer receives and images that are shown on our website), or damage only to packaging, is not considered a fault and will not be covered by Clause 9. Customers acknowledge that the colour of items that are viewed on a computer screen image may not always be identical to the actual view of that particular item.
10 – RETURNS AND REFUNDS
10.1. Refunds will be provided in instances where a customer has changed their mind about the purchase, no longer requires the Good or deems the Good to be different in some way to the products listed on our website or on display in our stores. The Customer agrees to be responsible for the cost of returning the Good/s to Momostick.
10.2. Returns must arrive to Momostick unopened and in resaleable condition.
10.3. Refunds will not be issued until returned Good/s are received and checked.
10.4. Customers must comply with all directions from our team to facilitate the return of a Good.
11 – INTELLECTUAL PROPERTY
11.1. Any and all Intellectual Property found in any Material on our website or any marketing in our Retailer’s stores is considered the property of our company. No one may adapt, display, distribute, perform, modify or reproduce any part of or any Material found on this website or in our Retailer’s stores.
12 – INDEMNITY
12.1. You agree to indemnify our company and to hold harmless from any claims, taxes, expenses, loss, liability and/or damage that may be incurred by our company in connection with your use of our website and the use of any of our company’s products.
13 – LIABILITY
13.1. To the extent that is permitted by the law, we will not be held liable for any loss of contracts, loss of profits, loss of data, loss of income, or any other consequential or indirect damage or loss of any type arising from the purchase of our products and services and the use of our products.
13.2. To remove any doubt, nothing found in this clause restricts or limits your ability to make a claim available to you for our company’s failure to comply with any of the guarantees found in the Australian Consumer Law.
14 – PRIVACY
14.1. Personal information about our customers is gathered and shared by our company for the purpose of delivering or supplying products to customers.
14.2. Our company is committed to keeping your privacy and personal information protected due to our ethical and legal commitment to comply with any relevant laws, and more importantly, because our company understands that you care how your information may be shared and used.
14.3. Our company will not sell any personally identifiable information about our customers.
14.4. As we deal with our customers, we may collect and keep information, including names, contact details, order details and notes on our communication with customers. This information is used for customer service, warranty and delivery purposes and for the purpose of company improvement. This information may be held in hard copy and data storage systems but will only be accessed by contractors or employees that are required to access this information in order to perform their functions.
14.5. Customers who provide a review of our products through our website or to one of our staff members over the phone, agree to that review or part of that review to be published on our website and used on our social media platforms for marketing purposes.
14.6. From time to time, we may contact customers for the purposes of marketing new products, accessories or services.