Terms and conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

These Terms and Conditions govern the use of www.mobydeep.com ("the website") and the purchase of any goods from it. The website is owned and operated by Moby Deep (ABN 815 11 66 81 33). Should you have any questions, please contact Moby Deep at michelle@mobydeep.com or during business hours on (07) 3290 0933 prior to ordering from this website.

Acknowledgment and Acceptance of Terms & Conditions

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Please read them carefully. Moby Deep reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. Your usage of this site and placement of an order indicate, you acknowledge that you have read and understood these Terms and Conditions.

Limitation of Liability

Any liability of Moby Deep or our associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Moby Deep, be limited to:

  1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
  2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Copyright

Copyright in the www.mobydeep.com website is property of Moby Deep. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Moby Deep and third parties. This property may only be used for the purposes of browsing the www.mobydeep.com website and acquiring goods and services of Moby Deep.

Applicable Law

These Terms and Conditions are governed by the laws in force in Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts, which may hear appeals from those courts.

Information Provided by You

If you purchase goods and services from Moby Deep we may require you to provide your name, address, email address, phone number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Moby Deep with current, complete and accurate customer information when asked to do so by the website or an employee of Moby Deep. Copies of Your customer information provided during the ordering process will be emailed to You, to Moby Deep and stored in our database for the purposes of processing your order.

The www.mobydeep.com website uses cookies stored on your computer's hardrive to identify your individual shopping cart, these cookies do not contain any personally identifiable information. Additionally these cookies are destroyed once your order has been successfully submitted.

We are committed to protecting your privacy. The information collected from individual customers is regarded as confidential and therefore will not be divulged to any third party, other than our supplier(s) and if legally required to do so to the appropriate authorities. Customers have the right to request sight of, and copies of any and all Customer Records we keep, on the proviso that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Customer's with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Moby Deep will only be in connection with the provision of agreed services and products.

Product Information

Prices of goods and services and delivery and other charges displayed on the www.mobydeep.com website are current at the time of display.

We take every reasonable care to ensure accuracy of all products listed. However, we do not accept liability for any errors in pricing and description. Pricing and stock availability is subject to change anytime without notice.

Placing and Accepting Orders

We currently accept direct bank deposit and Paypal payments (Paypal account, VISA and MasterCard) as the only methods of payment. Orders will not be despatched until payment in full has been received and Moby Deep is satisfied with the integrity of the order.

Without limiting the operation of any other Terms and Conditions herein, Moby Deep is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Cancellation by Us

We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by You

If you need to cancel an order, please contact us immediately at michelle@mobydeep.com or during business hours on (07) 3290 0933. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

Delivery

Your order will be shipped via Couriers Please unless noted otherwise. It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

We will provide you with an estimated date for delivery of all parcels and while we make every effort to deliver by this time, all dates specified are estimates only.

We currently ship only to Australian addresses only.

It is the responsibility of the customer to inform Moby Deep if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Returns and Exchanges

You or the recipient of an order may return an item that has been purchased from Moby Deep because you have changed your mind or are unhappy with the product.

If you return goods via an Australia Post Office or a Courier, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item.

It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. We will not issue a return or exchange unless the product/s are in a saleable condition upon return.

All returned products must be:

  1. Unused, unopened and in original condition
  2. Undamaged
  3. Returned within 30 days of delivery

In the event of a return by you, we will exchange or refund via the original method of payment only. However, you will pay the delivery costs of the return to Moby Deep and re-delivery to you. We will not refund initial delivery fees.

Goods Damaged or Faulty on Delivery

You may return damaged or faulty goods within 30 days of receipt. In the event that you receive a defective or damaged product, we will refund the original product price, delivery, wrapping and other fees via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.

Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to Moby Deep.

Please allow up to 14 days for refunds to be processed upon our receipt of goods.

Promotions and Competitions

Other Terms and Conditions not listed herein and applying to Moby Deep promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

Release and Indemnity

You agree to waive any and all claims that you now have or may have in the future against Moby Deep and our Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold Moby Deep harmless from and against any and all claims, loss or expense that may be incurred by Moby Deep or our Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Moby Deep and our Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website, of any intellectual property or other right of any person or entity.