Terms of service

TERMS

The following are the terms and conditions that apply to all purchases of merchandise from us by an electronic transaction

In these Terms, except to the extent that the context otherwise requires, the following words mean

“electronic transaction” means any transaction carried out through an order placed on the website, relating to the purchase by you of merchandise from us.

“merchandise” means the clothes, accessories and other items offered for sale by us on the website.

“Moya Sydney”; “we”; “us”; or “our”, is a reference to the Australian company Fran Hennessy Pty Ltd ACN 602 44 77 09 trading as Moya Sydney

“sale merchandise” refers to merchandise that is available for purchase at a price that is lower than an earlier published price.

 “sale price” refers to the price of the sale merchandise.

“Terms” means the following terms and conditions

“website” means the set of related web pages located under the domain moyasydney.com.au known as “Moya Sydney”

“your delivery address” is the address you provide us at the time you place the order indicating where we must deliver the merchandise.

“your email address” is the email address you provide us at the time you place an order

ORDERS

When you place an order for merchandise from us through the website, you agree that the order is subject to these Terms.

Prices displayed on the website are in Australian Dollars

Prices of merchandise may differ on the website and in-store. Sale prices on the website already reflect reductions. When merchandise becomes sale merchandise, there is no adjustment or reimbursement available.

We may reject your order at our absolute discretion.

At the time you place your order you:

  1. Must give us your personal details (including name, phone number, your email address and delivery address);
  2. Must pay for the Merchandise using a valid credit/debit card issued by a bank acceptable to Moya Sydney, or via another valid payment method acceptable to us, such as BPAY, After Pay, American Express and Apple Pay.
  3. Hereby authorise us to process a charge on the credit/debit card or through the other payment method in the amount of the total purchase price for the merchandise.

Please read our “Privacy” page for information about how we use and disclose your personal information.

When you order any merchandise you are offering to purchase the merchandise  from us at the price stated to you.

We may accept your offer subject to availability of merchandise and authorisation of your payment. Any merchandise in your shopping cart on the website is not reserved and may be purchased by other customers.

We will accept your offer by sending you an email to your email address confirming that we accept the order (“the order confirmation”). If, for whatever reason, you do not receive the order confirmation at your email address, the order confirmation is deemed to have been received by you at the time that we sent the email to you and you are bound to purchase and pay for the merchandise that you have ordered. 

LAYBY

Layby sales are governed by the Competition and Consumer Act 2010 (Cth) for Australia
  1. All layby’s require a minimum 30% deposit (initial deposit can only be paid using cash, EFTPOS savings/cheque account or gift card)
  2. All layby’s require instalments of [10%] to be paid each [Month]. If you fail to make a payment, we may cancel the layby with 7 days’ notice.
  3. All layby’s will expire 63 days from date of sale.
  4. A termination fee of 10% per month will be charged for all cancelled and expired layby’s.
  5. You may cancel your layby at any time and will receive a refund for all payments made (less termination fee as per point 5 above).
  6. Layby’s must be collected in full and cannot be separated into multiple parcels.
  7. You must advise Moya Sydney of any changes to your address.
  8. Layby is not available for online purchases

 

PAYMENT

When you place an order, we will charge you, and you are obliged to pay, the price and any applicable delivery and insurance charges.

If you require the merchandise to be delivered overseas you may be liable to pay additional local import duties, fees, custom clearance charges, taxes and charges which you are liable to pay in addition to the price of the merchandise. We are not liable to pay any of these additional imposts.

You can pay for your purchase by any of the methods specified on the website or in our communication with you.

Your payment must be cleared before we deliver the merchandise to you. If your payment cannot be processed, your order will be rejected.

DELIVERY

Please read our “Delivery” page.

RETURNS AND REFUNDS

Please read our “Returns” page.

COMPENSATION

You agree to  indemnify Moya Sydney and its directors, officers, employees, affiliates, licensors, agents and suppliers immediately on demand, and hold us harmless, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) any breach of the Terms by you, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party; or (ii) the unauthorised use of your identity and credit card details for purchases on the Website caused by your action or inaction.

LIMITATION OF LIABILITY

To the full extent permitted by law and subject to your rights under the Australian Consumer Law, our entire liability in connection with the Terms will not exceed the purchase price of the merchandise in question.

We are not responsible for: any losses which are not reasonably foreseeable by you and us; any losses which are not caused by our breach or negligence; indirect losses which are a side effect of the main loss or damage (for example, business or trade losses, loss of profits or loss of opportunity). We are not responsible for a failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.

Nothing in the Terms means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or sub-contractors is limited.

For clarity, nothing in the Terms is intended to limit your rights under the Australian Consumer Law as to the quality of goods sold by us, including the consumer guarantees.

SEVERABILITY

Any provision of the Terms which is illegal, void or unenforceable is only ineffective to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions

NO WAIVER

If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.

GOVERNING LAW

The Terms are governed by and are to be construed according to the laws of New South Wales, Australia. 

JURISDICTION

You submit to and accept unconditionally the exclusive jurisdiction of the courts and appellate courts of New South Wales, Australia with respect to any legal proceedings brought in relation to the Terms.