Legal · Australia

Terms & Conditions

Issued by

MOXII MOUVE

ABN 58 696 642 190
Support@moxiimouve.com
PO BOX 60 ORMOND VIC 3204

Return to store

These Terms and Conditions govern your access to and use of the MOXII MOUVE website at moxiimouve.com.au (the Website) and any order you place through it.

The Website and MOXII MOUVE online store are operated under the registered business name MOXII MOUVE (ABN 58 696 642 190) (MOXII MOUVE, we, us or our).

Please read these Terms before using the Website or placing an order. By using the Website or submitting an order, you agree to these Terms. If you do not agree, you must not use the Website or place an order.

01

Eligibility and customer information

You must be at least 18 years old and legally capable of entering into a contract to place an order. If you are under 18, a parent or legal guardian must place the order for you.

You must provide complete and accurate contact, billing, delivery and payment information. Please check your delivery address carefully. You are responsible for losses caused by inaccurate information you provide, except to the extent that we caused or contributed to the loss.

If you create an account, you are responsible for keeping your login credentials secure and for notifying us promptly if you believe your account has been accessed without authority. We may suspend access where reasonably necessary to protect you, other customers or the Website.

02

Products, images and sizing

We aim to describe and display our products accurately. Colours and textures may appear differently depending on lighting, photography and your device display. Minor variations that do not materially affect the product's quality, function or description are not defects.

Measurements and sizing information are guides. Bodies and fit preferences vary, so please review the relevant size guide before ordering. Choosing the wrong size is treated as a change-of-mind purchase unless the product was incorrectly labelled, materially inconsistent with our size guide or otherwise fails a consumer guarantee.

We may correct genuine typographical, photographic or technical errors. We will not substitute a materially different product without your agreement.

03

Prices, GST and payment

Unless stated otherwise, prices are displayed in Australian dollars and include GST where applicable. Delivery charges and any other applicable fees will be shown before you submit your order.

We accept the payment methods displayed at checkout. Payment providers may apply their own terms. You authorise us and our payment provider to charge the amount shown in your order summary.

For international orders, the customer is responsible for import duties, taxes, customs charges and local fees unless checkout expressly states that they are included. These charges are imposed by the destination country and are not controlled by us.

04

Orders and acceptance

Submitting an order is an offer to buy the selected products under these Terms. An automated acknowledgement confirms that we received the order; it does not necessarily mean we have accepted it.

We accept your order when we send confirmation that it has been dispatched, or otherwise expressly confirm acceptance. Separate items in the same order may be accepted and dispatched separately.

Before acceptance, we may decline or cancel an order for a legitimate reason, including:

• the product is unavailable;
• payment is not authorised;
• the price or product information contains an obvious error;
• we reasonably suspect fraud, misuse or unauthorised resale;
• delivery is unavailable to the nominated address; or
• accepting the order would breach a law or regulatory requirement.

If we cancel an order after taking payment, we will refund the affected amount to the original payment method.

05

Availability and order limits

Products are subject to availability. Placing an item in a cart does not reserve it. Inventory may change before checkout is completed.

We may impose reasonable purchase limits to manage limited releases, prevent fraud or discourage unauthorised commercial resale. If an accepted product becomes unavailable, we will contact you and offer a lawful remedy, which may include a refund or an agreed alternative.

06

Promotions and discount codes

Promotions and discount codes are subject to their stated dates, eligibility rules and exclusions. Unless expressly stated otherwise:

• one promotional code may be used per order;
• codes cannot be exchanged for cash;
• codes cannot be applied retrospectively;
• delivery charges are excluded from percentage discounts; and
• a promotion cannot be combined with another offer.

We may withdraw or correct a promotion where there is a genuine error, fraud or misuse. This does not affect an order we have already accepted, except where permitted by law.

07

Delivery

Available delivery options, estimated timeframes and charges are displayed at checkout. Delivery estimates are not guarantees, but we will supply products within the time agreed or, if no time is agreed, within a reasonable time.

We may use third-party carriers. Tracking information may be provided when available. Please ensure someone can safely receive the parcel or that the nominated delivery location is secure.

If you authorise a carrier to leave a parcel unattended, responsibility for the parcel passes to you when it is delivered in accordance with that authority, except where loss or damage resulted from our or the carrier's failure to exercise due care or where the law provides otherwise.

If a parcel is delayed, lost, damaged or marked delivered but cannot be located, contact us promptly so we can investigate. We remain responsible for providing any remedy required by law and will not require you to resolve a qualifying product problem solely with the carrier or manufacturer.

08

Australian Consumer Law

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Products must, among other things, be of acceptable quality, be reasonably fit for any disclosed purpose, match their description and correspond with any sample or demonstration model.

If a product has a major failure, you may reject it and choose a refund or replacement, or keep it and claim compensation for the reduction in value, as provided by law.

For a minor failure, we may choose to provide an appropriate remedy within a reasonable time, such as repair or replacement.

These rights apply to sale, promotional and intimate products. Our voluntary change-of-mind and hygiene exclusions do not limit these statutory rights.

09

Faulty, damaged, incorrect or misdescribed products

Contact Support@moxiimouve.com as soon as reasonably practicable if you believe a product has a manufacturing defect, was damaged during delivery, is unsafe, is materially different from its description or image, was incorrectly supplied, or otherwise fails a consumer guarantee.

Please provide your order number, a description of the issue and, where reasonably possible, clear photographs.

We may inspect and assess the product before confirming the appropriate remedy. Inspection will be undertaken within a reasonable time.

Where a qualifying fault, damage, fulfilment error or other failure is confirmed, the remedy may include repair, replacement, refund or another remedy required by law.

We will provide a prepaid return label or reimburse reasonable return-postage costs where required.

Original packaging and attached hang tags are preferred but are not mandatory for a claim concerning a faulty or non-compliant product.

10

Change of mind and incorrect sizing

We do not provide free returns, refunds or credits where you change your mind, choose the wrong size or colour, decide you do not like the fit or style, find the product cheaper elsewhere, or no longer need or want the product.

Subject to the exclusions below, we offer a voluntary exchange-only option for eligible products where the exchange is requested within 14 calendar days after delivery.

The product must be unworn except for an appropriate fit check, unused, unwashed, unaltered, in perfect resaleable condition, free from contamination, returned with original hang tags attached, and returned in its original product packaging.

The customer pays return postage and the cost of sending the replacement product. Replacement products are subject to availability.

11

Intimate garments and hygiene-sensitive products

For health and hygiene reasons, we do not accept voluntary change-of-mind returns, sizing exchanges or replacements for intimate or hygiene-sensitive garments, including underwear, briefs, bodysuits with an intimate gusset and any product expressly identified as hygiene-sensitive on its product page.

This exclusion does not apply where the product is faulty, unsafe, incorrectly supplied, materially misdescribed or otherwise fails a consumer guarantee.

12

Fit checks

For eligible non-intimate garments, a brief fit check must be conducted carefully, preferably over clean undergarments where appropriate.

A fit check does not permit exercise, extended wear, washing, removal of tags or use that leaves marks, odour, stretching, creasing beyond normal inspection, or other evidence that the item is no longer new and resaleable.

13

Return procedure and inspection

1. Email Support@moxiimouve.com with your order number and reason.
2. Include photographs for faults, damage or incorrect products where reasonably possible.
3. Wait for return authorisation and the correct returns address.
4. Pack the product securely.
5. Use tracked shipping and retain proof of postage where you arrange shipping.

We will inspect returns within a reasonable period after receipt and notify you of the outcome.

14

Refunds

Where a refund is required or approved, it will generally be returned to the original payment method.

We will process the refund within a reasonable time after approval, although your bank or payment provider may require additional processing time.

We will not require you to accept store credit instead of a refund to which you are legally entitled.

15

Intellectual property

The Website and its content, including the MOXII MOUVE name, logos, artwork, product designs, photographs, videos, text, graphics and software, are owned by or licensed to us and are protected by intellectual-property laws.

You may access and use the Website for personal, non-commercial shopping purposes. You must not reproduce, distribute, modify, scrape, republish, commercially exploit or create derivative works from Website content without our prior written permission, except where law permits.

16

Acceptable use

You must not:

• use the Website unlawfully or fraudulently;
• interfere with the Website's security, availability or operation;
• introduce malware or malicious code;
• attempt to access systems, accounts or data without authority;
• use automated tools to scrape or overload the Website;
• submit false reviews or misleading content;
• impersonate another person; or
• use the Website to infringe another person's rights.

We may restrict access where reasonably necessary to address suspected fraud, security threats, unlawful conduct or material breaches of these Terms.

17

Reviews and customer content

If you submit a review, image, comment or other content, you confirm that it is accurate, based on your genuine experience, lawful and does not infringe another person's rights.

You retain ownership of your content but grant us a non-exclusive, worldwide, royalty-free licence to display, reproduce and adapt it for operating and promoting MOXII MOUVE.

We may moderate or remove content that is unlawful, misleading, abusive, irrelevant, contains personal information or breaches these Terms. We will not suppress a genuine negative review merely because it is critical.

18

Third-party services and links

The Website may use or link to third-party services such as payment processors, delivery providers, social networks and analytics services. Third parties may have their own terms and privacy practices.

We are not responsible for an unrelated third-party website merely because we link to it. This clause does not limit responsibility we have for service providers acting on our behalf or any liability that cannot lawfully be excluded.

19

Website availability and security

We take reasonable steps to keep the Website accurate, secure and available. We do not promise uninterrupted or error-free access. We may suspend the Website temporarily for maintenance, security, legal or operational reasons.

You are responsible for maintaining reasonable device, browser and account security. Please contact us if you identify a security concern.

20

Liability

Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, including under the Australian Consumer Law.

To the maximum extent permitted by law, we are not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by your unlawful conduct, misuse of a product, failure to follow care instructions, or inaccurate information you supplied.

Nothing in this clause limits liability for fraud, wilful misconduct, personal injury caused by negligence, or any other liability that cannot lawfully be limited.

21

Privacy

We handle personal information in accordance with our Privacy Policy. Please review that policy to understand how we collect, use, disclose and protect personal information.

22

Electronic communications

You consent to receiving transactional communications electronically, including order confirmations, receipts, delivery updates, return communications and changes affecting an order.

Marketing communications are managed separately. You may unsubscribe from marketing messages using the method provided in the message.

23

Events outside reasonable control

We are not responsible for delay caused by an event outside our reasonable control, such as a natural disaster, carrier disruption, industrial action, public-health emergency, cyber incident or government restriction, provided we take reasonable steps to minimise the effect and resume performance.

This clause does not excuse obligations that can still reasonably be performed, require you to pay for products not supplied, or limit rights available under law.

24

Changes to these Terms

We may update these Terms to reflect changes to the Website, our operations or applicable law. Updated Terms apply prospectively from the effective date displayed above. The Terms applying to an accepted order are those in effect when the order was placed, unless a change is required by law or you agree otherwise.

25

Severability and waiver

If a provision of these Terms is unlawful or unenforceable, it will be read down to the extent necessary or severed if it cannot be read down. The remaining provisions continue to apply.

A delay or failure to enforce a right is not a waiver of that right.

26

Governing law and disputes

These Terms are governed by the laws of Victoria, Australia, and applicable Commonwealth laws. You and we submit to the courts and tribunals that have jurisdiction under those laws.

If you have a concern, please contact Support@moxiimouve.com with your order number and a clear description of the issue. We will make a genuine effort to resolve the matter promptly and fairly.

27

Contact

Questions about these Terms, orders or returns can be sent to:

MOXII MOUVE
ABN 58 696 642 190
Support@moxiimouve.com