Conditions of Purchase
Ordering Goods and Payment
You can place orders via the website in accordance with these Terms and Conditions and as directed on the website. Any order placed by you in the manner described in the website is an offer by you to purchase a particular product or service for the price (including delivery and other charges) specified on the website at the time you place your order.
You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods or services ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods or services being dispatched to you.
You must review your order and carefully check any spelling before submitting your order.
Any order placed by you is subject to your compliance with any specific limitations imposed by law or shown on the website.
We make every effort to ensure product, tax, shipping, coupon and service prices displayed on our web site are correct. We may change the prices published on the website at any time. You agree to pay the price current at the time your order is placed.
We may require additional verification or information before accepting your order.
We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms and Conditions.
You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the bank account used to place your order and that your nominated bank account will cover the full cost of the purchase. Purchases will not be dispatched until payment is received.
You must not pay, or attempt to pay, for purchases through any fraudulent or unlawful means.
We reserve the right to reject your order for products or services purchased through the website for any reason, including but not limited to if the products or services are not available, if there is an error in the description or price of the requested products or services as advertised on the website or if there is an error in your order. If we reject your order, we will notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for your purchase, you will receive a full refund.
Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of products or services you have purchased.
Title to the goods purchased from Moteck does not pass from Moteck to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
Currency of Sale and Currency Conversion
We sell our goods and services in Australian dollars. When you choose to pay us in another currency (e.g. using a foreign credit card), your financial institution may charge additional international transaction and currency conversion fees.
Surcharges
We may apply an additional charge for some payment types. These surcharges are presented at checkout.
Taxes (GST)
We charge tax (10% GST) on the sale of our goods and services. Tax is additionally chargeable on shipping.
Tax is not included in the prices shown on our web site but is displayed as part of your order total in both the shopping cart and at checkout.
Invoicing
The web site will display the cost of your order and send you a preliminary invoice, excluding shipping costs, when you place an online order with us. We’ll then send you a final invoice once we know the shipping costs for your order.
Delivery
Please refer to our Shipping Policy.
Returns Policy
In the event you are not satisfied with one of products or services, please contact us in the first instance. We’re a small company but will always endeavour to provide our customers with the very best service we can offer.
Consumer Guarantees
Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to:
- cancel your service contract with us; and
- a refund for the unused portion or compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Proof of Purchase
Returns, refunds, exchanges and repair requests must be accompanied by any one of the following proof of purchase documents:
- Tax invoice showing your order number, purchase date, and itemised order details
- Financial statements such as a bank statement or credit card statement
We reserve the right to decline an exchange, refund or repair where a fault is caused by misuse or neglect.
Change of Mind
If you change your mind about a purchase, you have 30 days to return your items for a refund or exchange provided the items are returned in saleable condition (in the original packaging, unused and as sold) with proof of purchase. Any refund will be provided using your original payment method.
Digital products are not refundable if you change your mind.
Cancellation
You may cancel your order at any time before it is produced/manufactured and dispatched by us or our suppliers. When you cancel an order, we will refund your purchase and send you a confirmation email.
Return Shipping
Shipping costs for returns, refunds, exchanges and repair requests are your responsibility. Original shipping costs are non-refundable.
Fees
Some third-party fees and charges, charged to you or to us, may not be refundable when we process a refund.
Privacy
You may be asked for information that is relevant to your return or to satisfy legislative requirements. If you do not provide this information, then we may be unable to process your return.
Please refer to our Privacy Policy for more information.
Our Copyright
Our products are subject to copyright. You may not reproduce, reverse-engineer, recreate, share or profit from the selling or reselling of our products or intellectual property. When you purchase a product from us, you agree not infringe our copyright by reproducing, reverse-engineering, recreating, sharing or profiting from the sale or resale of that product.
Except to the extent that the Copyright Act 1968 (Cth) allows you to do so, you must not reverse engineer, decompile, disassemble, or extract any element of and/or otherwise discover any source code, algorithms, methods or techniques embodied in the website. You must not modify, pledge, sublicense, rent, lease, or create derivative works based on the website, including its user interfaces. The source and object code of the website must not be accessed, examined or shared except as permitted by law.
Comments, Reviews and Photographic Rights
When you leave a comment or product review, or upload an image, on our website, you acknowledge our right to use your content without compensation and without attribution. You acknowledge any content you share with the website is owned by you.
By uploading your content, you grant Moteck a perpetual worldwide non-exclusive transferable right (including the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content. You warrant that you are either the owner of the copyright OR you have a license from the owner of the copyright to reproduce your content.
You must not upload, post, transmit or otherwise make available through the website any material which:
- Violates or infringes the rights of others (including their privacy and intellectual property rights);
- Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
- Restricts or inhibits any other user from using or enjoying the website;
- Affects the functionality or operation of the website or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
- Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require us to take remedial action under any applicable industry code.
We reserve the right not to reproduce any item that we reasonably believe may contravene Australian law; contain explicit or sexual imagery; is invasive of privacy; vulgar; obscene; profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person. Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by us to law enforcement authorities if in our sole judgment any content is in violation of applicable laws.
Exclusion of Liability
To the extent permitted by law, we will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of the website; or (2) goods or services supplied by Moteck under these Terms and Conditions.
Limitation of liability
- To the extent permitted by law, Moteck’s liability to you is limited, at Moteck’s option, to:
- in the case of goods, the repair or replacement of the goods or the re-supply of equivalent goods (or paying the cost of any of these); or
- in the case of any services supplied by Moteck, to supplying the services again (or paying the cost of having the services supplied again).
- To the extent permitted by law, in no event will Moteck, its officers, employees or agents be liable for any consequential or indirect loss or damage, any loss of business or revenue, loss of profit, loss of opportunity, loss of data, loss of goodwill or loss of business reputation arising out of or in connection with the supply of goods or services under these Terms and Conditions.
- This agreement is not intended to exclude, restrict or modify any right which you have at law which may not be excluded, restricted or modified by agreement.
- Moteck will not accept liability for damage or loss of your content.
- Moteck cannot guarantee that the quality of any product will be as seen on your computer monitor.
- Moteck’s liability is limited to errors related to production, shipping and delivery of products.
- You must properly secure your username and password. Moteck is not liable if your username or password is used by an unauthorised person. You agree to release and/or indemnify Moteck in connection with any use (whether authorised or unauthorised) of your user-name or password.
- You agree to indemnify and will keep Moteck indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Moteck in connection with your use of the website, your content, your order, your breach of these Terms and Conditions or your breach of any rights of third parties.
- You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any:
- Interruption of business;
- Access delays to, access interruptions to, suspension of or discontinuation of the service;
- Data non-delivery, mis-delivery, corruption, destruction or other modification;
- Loss or damages of any sort incurred as a result of dealings with the service;
- Viruses, system failures or malfunctions which may occur in connection with your use of the service;
- Any inaccuracies or omissions in content; or
- Events beyond our reasonable control.
Complaints
We take the satisfaction of our customers seriously. If you are unsatisfied with the one of our products or services, the ordering and delivery processes, or the content of our website, please feel free to contact us so we can address the issue.