About These Terms And Conditions
In these Terms and Conditions "Mojo Direct" mean Mojo Direct ABN Address and "customer" or 'the customer' or customers' means the individual or business making the purchase and engaging in the contract with Mojo Direct.
These Terms and Conditions together with the Order constitute the entire Contract between Mojo Direct and the customer for the supply of Goods. No other Terms and Conditions will apply. The Contract cannot be varied unless Mojo Direct vary the contract and that the variance is received by the customer in writing or by email.
Legal Capacity To Transact
Individuals under the age eighteen (18) years cannot place orders with Mojo Direct, nor engage in a contract with Mojo Direct..
By actively placing orders with Mojo Direct, the Customer acknowledges that they are over the age of eighteen (18) years and accept these Terms and Conditions.
Should Mojo Direct suffer any damage or other losses as a result of a transaction entered into by a minor, Mojo Direct reserves the right to seek compensation for such losses from the parents or guardians of the minor who actively entered into the contract with Mojo Direct.
Placing Orders
The Customer may place an Order by filling in the Order Form on the Mojo Direct Web Site and clicking the "Submit My Order" button.
By placing an Order, the customer commits to purchase the Products selected by the customer based on these Terms and Conditions.
Information contained on the Mojo Direct website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by Mojo Direct to supply any Products, however Mojo Direct will make every effort to supply the selected Products to the customer.
On receipt of an order placed by the customer, Mojo Direct will issue the customer with an Order acknowledgement to the email supplied by the customer.
Orders received by the customer are not formally accepted until the order has passed Mojo Direct's internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Mojo Direct and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Mojo Direct will confirm acceptance of the order by email or fax confirming shipment of the goods ordered.
If Mojo Direct cannot process or accept an Order after payment is received, Mojo Direct will attempt to contact the customer by email and/or telephone.
Mojo Direct will not be held responsible nor liable for email addresses being entered incorrectly by the customer, nor for any direct or indirect email services supplied to the customer that may delay or result in the email being received by the customer.
Mojo Direct will not be held responsible nor liable for any customer contact details being entered incorrectly by the customer, nor for any direct or indirect third party services supplied to the customer that may delay or result in the contact being made with the customer, or that may delay or result in not goods not being received by the customer.
Payment Methods And Processing
Mojo Direct is limited to accepting the following methods of payment as supplied by third party merchants PayPal, Visa Credit Card, MasterCard Credit Card, Australia Post Money Order or Bank Cheque. If payment is being made in person, cash will also be accepted.
No other forms of payment will be accepted by Mojo Direct.
For all forms of payment, the order is not considered to be paid for until all funds have cleared into the relevant Mojo Direct account, or until cash is received by a sales employee of Mojo Direct.
Mojo Direct will not process orders until all information required to fulfill the order is received in full by Mojo Direct.
Mojo Direct will not dispatch goods ordered until all payments for the order are received in full by Mojo Direct.
Orders placed via the Mojo Direct Website or any other orders that are not placed in person by the customer and that are submitted on a weekend, Public holiday or any other day that Mojo Direct is not open or operating will not begin payment processing until the next day that Mojo Direct is open and operating.
Mojo Direct process credit card payments after you click the "Submit My Order" button.
Mojo Direct will email a tax invoice to the customer with an Order Confirmation for credit card and PayPal payments
Please Note that:
- Mojo Direct is unable to accept credit cards issued by banks outside of Australia.
- Debit cards and cheque cards have daily spending limits that may delay the processing of the order.
- The customer may be required to provide further identification for additional security reference checks when paying by third party merchant services
- If your PayPal payment is funded by an echeque this may delay processing your Order while payment clears.
- Australian Post Money Orders must be transferred to cash by Mojo Direct before orders are considered to be processed. Mojo Direct will attempt to transfer all Australian Money orders to Cash by the next open or operating day for Mojo Direct.
- Mojo Direct will not be held responsible or liable for any delays, fees or other charges incurred for the use of third party payment methods as selected by the customer.
GST
Mojo Direct purchases include GST unless otherwise stated on a Product listing.
Mojo Direct is Registered for GST
Prices
Mojo Direct will always seek to list Products with the most competitive prices.
Mojo Direct reserves the right to change prices for Products advertised by Mojo Direct at any time.
Supply Of Your Products
Subject to these Terms and Conditions, Mojo Direct will attempt to supply the customer with the Products indicated on the Order Confirmation.
When goods identified within the Order confirmation have been dispatched, Mojo Direct will email the Customer to confirm shipment contents and, if tracking number is supplied by the carrier, include a tracking number for the shipment of the goods.
If Mojo Direct is unable to supply the goods identified either before or after the order has been confirmed, Mojo Direct will offer a comparative good as a substitute or refund the customer any monies received for the specific goods. The choice of refund or substitute goods can be made by the customer.
If Mojo Direct cannot supply the goods identified either before the or after the order has been confirmed within a reasonable time frame, Mojo Direct will offer a estimated dispatch date for the same goods or offer the customer a refund the customer any monies received for the specific goods. The choice of refund or acceptance of a new estimated dispatch date can be made by the customer. If the estimated dispatch date will not achieved, Mojo Direct will offer a new estimated dispatch date for the same goods or offer the customer a refund the customer any monies received for the specific goods.
Delivery Of Your Products
Delivery time can take up to or exceed 10 business days from the date your payment has cleared.
The customer may arrange their own method of shipping the goods ordered. The Customer can select this option at the time of submitting the order, by selecting the 'Customer Pickup' option during the ordering process. Mojo Direct will advise the customer when the goods are ready to be collected. Goods will then be held for no longer than 7 days to allow the customer to collect the goods. Any extension to holding time must be agreed to by Mojo Direct and received in writing from Mojo Direct by the Customer.
Customers that do not collect the goods within the time nominated releases Mojo Direct from any commitment to make the goods available by any set date. Mojo Direct will then make every effort to make the goods available and ready for collection.
A Customer that does not select 'Customer Pickup when placing an order with Mojo direct, authorizes Mojo Direct to act as the customer's agent to engage with a goods carrier (chosen at that discretion of Mojo Direct) on the customer's behalf.
The customer accepts that while Mojo Direct will make reasonable effort to ensure that booking a consignment with a carrier that;
- goods will be delivered within a reasonable delivery time
- delivery information and details provided by the customer is accurately communicated to the carrier
- packaging of goods will limit damage of the goods while in transit but will not guarantee that goods will not be damaged in transit
- that optional insurance is made available to the customer to purchase when insurance is offered by the carrier
A customer that authorizes Mojo Direct to act as the customer's agent for the delivery of the goods, also accepts that;
- Mojo Direct will assist where possible to ensure delivery time/s and location/s, and the customer's requirements are met.
- Mojo Direct is released as the customer's agent once the goods are collected by the carrier, and that the details of the details of the carrier and the consignment have been issued by email or fax to the customer
- Mojo Direct may charge a premium for acting as the customer's agent that may exceed the actual cost incurred by Mojo Direct in arranging the carrier and the consignment of the goods and that the charge for delivery is for one attempted delivery only.
- any additional charge incurred after the goods have been collected are to be charged to the customer,
- any additional charge applied to Mojo Direct for the consignment will be reimbursed by the customer.
- Title and risk of loss to all Products will pass to the customer at the time of collection by the carrier.
Mojo Direct cannot
- guarantee delivery times
- will not be held responsible nor liable for delays in receiving goods,
- will not be held responsible nor liable for goods delivered to incorrect locations when delivery details received from the - - - Customer have been accurately passed on to the carrier
- will not be held responsible nor liable for damage of goods in transit
- will not be held responsible nor liable for goods not being delivered by the carrier or for goods lost or misplaced by the carrier
Mojo Direct reserves the right to remove itself as the customer's agent at any time.
Although every effort is made to ship customer Orders according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond the control of Mojo Direct. If goods are received by the estimated delivery time, please contact Mojo Direct
We encourage the Customer to visit the "Customer Account" section on our website to view the delivery status of goods.
Unless otherwise agreed by Mojo Direct, Mojo Direct will address the consignment to the address indicated on the Order Confirmation. If no-one is available to take delivery of the consignment, the customer will need to contact the carrier to arrange a pickup from the carrier's depot or arrange a re-delivery. Any re-delivery of consignments will be at the expense of the Customer.
Your Rights To Return A Product
No refunds, credit or replacements are offered if the customer has a change of mind regarding the product, makes an incorrect choice, or failed to verify and accurately provide information when placing an Order. Mojo Direct offers a point of sale only and does not engage with sales techniques to pressure the customer to make any purchase within any time frames.
Dead On Arrival Products - "DOA"
A Mojo Direct Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging and that the damage is not as a result of mishandling or lack of due care during delivery.
Mojo Direct will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product or refund the product's purchase amount and base delivery fee.
Refunds will only be offered at the discretion of Mojo Direct and may be limited to when the Products availability.
Where Mojo Direct has provisionally determined that a Product is DOA, Mojo Direct may either arrange return shipping at the expense of Mojo Direct, or leave the damaged goods with the customer.
If the Product is deemed by Mojo Direct NOT to be DOA, Mojo Direct may in its absolute discretion refuse to replace the Product or provide the customer a refund for the Product.
When a Product is replaced, Title of the replacement products will pass to the customer at the time of collection by the carrier of the replacement Product.
For any product return, the title of the original product is passed to Mojo Direct upon receipt of product by Mojo Direct's carrier or upon receipt of the goods when made in person by the customer.
Mojo Direct reserves the right to test any returned DOA Product prior to providing a replacement or refund. If the condition of the Product was misrepresented to Mojo Direct by the customer, Mojo Direct will impose a $35 handling and administration fee as well as invoice the customer for any carrier expenses incurred. The Customer will also be liable for any return costs incurred by Mojo Direct in returning the product to the Customer.
The Customer is responsible to collect the Product after inspection by Mojo Direct in which the Product is deemed as NOT DOA.
Product Problems After Delivery
When goods supplied by Mojo Direct suffer a manufacturing failure within the stated warranty period, Mojo Direct will exchange the Product where possible, or refund you the purchase price of the Product.
The customer must notify Mojo Direct of any manufacturing fault at the time of the fault being recognized by the customer. If a manufacturing fault is recognized, the customer must not allow any use of the product until directed to do so by Mojo Direct.
If a manufacturing fault is recognized after the warranty period has passed, the customer may contact Mojo Direct, to discuss the fault.
The delivery time for replacing the Product will be the same as stated for the original Product.
Replacement Products are provided with balance of the original product's warranty from the time of the fault being reported to Mojo Direct.
Return Authorizations
A Return Authorization (RA) is required for both replacement Products and refunds.
Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue the customer with a RA. Products cannot be returned without a RA. The Product should be returned to Mojo Direct within 14 calendar days of the issuance of the RA. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product or as directed by Mojo Direct
Organizing the Return of DOA Products
DOA Products are to be returned to Mojo Direct upon request
When a Replacement Product is arranged:
A replacement for the same Product that you ordered will be shipped to the customer at the expense of Mojo Direct once the DOA product has been received (if required by Mojo Direct)
The delivery time for the replacement Product will be the same as stated for the original DOA Product.
Replacement Products are provided with balance of the original product's warranty from the time of the fault being reported to Mojo Direct.
When a Refund is arranged:
Refunds include all shipping and associated costs for the DOA Product.
No refund will be given to you until Mojo Direct has received the DOA Product from you (if required by Mojo Direct)
Refunds will be issued by cheque, bank deposit or a credit to "Your Account" with Mojo Direct. Where a credit is organized for "Your Account" you have the option of cashing-out "Your Account" at any time.
Some Products - Manufacturer Only Warranty
Some Products sold through Mojo Direct are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.
For items advertised and sold with manufacturer's warranty, we would ask the customer to contact the manufacturer or supplier in the first instance for replacement or repair under the manufacturer's warranty terms. If the manufacturer is unable to comply, Mojo Direct, at its discretion, may replace the item or issue a refund of your purchase price for that item.
Our Liability
Mojo Direct will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Mojo Direct Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Mojo Direct Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
Credit Card Fraud
Whilst Mojo Direct employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Mojo Direct will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Mojo Direct. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Mojo Direct for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Mojo Direct, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Mojo Direct reserves the right to change the Terms and Conditions of sale at any time.
No Mojo Direct employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Force Majeure
Mojo Direct shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Mojo Direct, and Mojo Direct shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.
