Terms of service

Effective Date: 26 April 2025

Welcome to MOKU WORKS. Throughout the site, the terms “we”, “us” and “our” refer to MOKU WORKS. These Terms of Service (“Terms”) govern your access to and use of our e-commerce platform, located at www.mokuworks.com.au. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers and/or contributors of content.

Any new features or tools which are added to the current site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

1. General Information

1.1 Company Details

NGUYEN, ANDY THIEN AN

Trading As MOKU WORKS

ABN: 87 966 175 841

Contact: info@mokuworks.com.au

 

1.2 Eligibility

You must be at least 18 years old, or have the consent of a legal guardian, to use this Website and make purchases. By using the Website, you confirm that you meet these requirements.

 

1.3 Changes to Terms

We may update these Terms from time to time. The latest version will always be posted on this page with the effective date. Your continued use of the Website after changes are posted constitutes your acceptance of the updated Terms.

 

2. Territory and Eligibility

2.1 Eligibility to Purchase

To place an order on our Website, you must be an individual residing in Australia and capable of entering into a legally binding agreement.

 

2.2 Territory Restrictions

Our products and services are intended for sale and delivery within Australia only. We do not accept orders for delivery outside of Australia.

 

2.3 Prohibited Use

You must not use our Website to purchase products for international resale, redistribution, or delivery outside of Australia. We reserve the right to cancel any order that appears to breach these terms.

 

3. Products and Services

3.1 Product Information

We strive to ensure all product descriptions, images, and pricing on our Website are accurate. However, we do not guarantee that all information is free from errors. If an error is identified, we reserve the right to correct it and revise your order if necessary.

 

3.2 Product Availability

• Prices, product availability, and service offerings are subject to change at any time without prior notice.
• We reserve the right to modify, discontinue, or limit the availability of any product, service, or content (or any part thereof) at our sole discretion and without notice.
• We are not liable to you or any third party for any price changes, modifications, suspensions, or discontinuations of products or services.
• We may limit the sale or quantity of any product or service to any person, geographic region, or jurisdiction, at our discretion and on a case-by-case basis.
• While we strive to provide high-quality products and services, we do not guarantee that they will meet your expectations or that any errors in our services will be corrected.

 

3.3 Pricing

All prices for products and services on our Website are listed in Australian Dollars (AUD).

The final price of your order will be confirmed at checkout.

If you are using a payment method issued by a non-Australian financial institution, your provider may apply currency conversion rates and/or international transaction fees. These charges are not controlled by us and are your responsibility.

 

3.4 Currency Conversion and Fees

Our platform is intended for Australian customers, and all transactions are processed in Australian Dollars (AUD).

If you use an international payment method, your bank or payment provider may charge currency conversion or international transaction fees. These fees are not charged by us and are your responsibility.

 

4. Orders and Payments

4.1 Orders

When you place an order, you agree to provide accurate and complete information. All orders are subject to availability and our acceptance. We reserve the right to cancel any order for any reason, including stock unavailability or suspicion of fraud.

 

4.2 Payment Methods

Payments are securely handled via Shopify or other trusted providers. By providing your payment details, you consent to the charge. All payments must be completed before your order is processed.

We accept a range of payment methods to facilitate your purchase, including but not limited to:

• Major credit cards (Visa, MasterCard, American Express)
• PayPal
• Apple Pay
• Google Pay.

 

4.3 Cancellations and Modifications

Once an order is processed, it generally cannot be canceled or modified unless otherwise required by applicable consumer laws. For assistance, please contact us promptly at info@mokuworks.com.au.

 

5. Shipping and Delivery

5.1 Delivery Locations

We only deliver within Australia. Orders placed with a delivery address outside Australia will not be accepted.

 

5.2 Delivery Fees

Shipping fees are calculated at checkout and depend on your location and the size of your order.

 

5.3 Delivery Times

Estimated delivery times are provided on the Website but may vary due to factors beyond our control. We are not liable for delays caused by carriers or other third parties.

 

5.4 Risk and Ownership

Ownership of goods passes to you upon full payment, and risk passes to you upon delivery.

 

6. Returns and Refunds

Our Return Policy governs all matters related to product returns, exchanges, and refunds. By making a purchase through our Website, you agree to the terms outlined in our Return Policy, which is hereby incorporated into these Terms of Service by reference. In addition, we comply with Australian Consumer Law (ACL), which provides you with certain rights, including the right to a remedy (such as a refund, repair, or replacement) for faulty or misdescribed products.

 

7. Use of Website

7.1 Prohibited Conduct

You agree to use our Website for lawful purposes only. You must not engage in activities that:

• Violate any laws, including fraud or misuse of the site;
• Submit false or misleading information;
• Disrupt or interfere with the Website’s operations or security;
• Infringe on the rights of others.

 

7.2 Intellectual Property

All content on this website, including images, texts, logos, product descriptions, and the designs and manufacturing processes of our products, are owned by or licensed to MOKU WORKS.

You may not reproduce, modify, or distribute this content or any part of our products without our prior written permission. All designs and manufacturing processes related to our products are protected under Australian intellectual property laws. Unauthorised use of our intellectual property is strictly prohibited.

 

7.3 Product Design and Manufacturing Protection

All products sold on our Website are designed and managed by MOKU WORKS. The designs, specifications, manufacturing processes, and any other proprietary content related to these products are the exclusive intellectual property of MOKU WORKS and are protected under Australian intellectual property laws (including copyright, trademark, and trade secret laws).

You agree not to reproduce, copy, or distribute any designs, product concepts, or related materials without the express written permission of MOKU WORKS. Unauthorised use of our intellectual property is prohibited and may result in legal action.

 

8. User Comments, Feedback, and Other Submissions

8.1 Submissions

If you submit comments, feedback, suggestions, or other content (“Submissions”) through the Website, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, or distribute the Submissions for any purpose.

 

8.2 Prohibited Content

Submissions must not:

• Violate any laws or regulations.
• Infringe on the intellectual property rights of others.
• Contain offensive, defamatory, or misleading content.

 

8.3 Moderation

We reserve the right to review, edit, or remove Submissions at our sole discretion. We are not responsible for the content posted by users.

 

9. Disclaimer of Warranties

9.1 No Guarantee

We provide our Website and services on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

9.2 Website Availability

We do not guarantee that the Website will be error-free, uninterrupted, or free from harmful components. You use the Website at your own risk.

 

10. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from your use of our Website or products and services. This includes, but is not limited to, loss of profits, data, or business. However, nothing in these Terms excludes or limits our liability for failure to comply with Australian Consumer Law guarantees, including for faulty products or services.

In the event of a product defect or failure to meet consumer guarantees, our liability is limited to providing a remedy such as a replacement, repair, or refund, as required by law.

 

11. Termination

We may terminate or suspend your access to the Website at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

 

12. Hyperlinks and Third-Party Content

12.1 Hyperlinks

Our Website may include hyperlinks to third-party websites. These links are provided for convenience only and do not imply endorsement. We are not responsible for the content, privacy policies, or practices of third-party websites.

 

12.2 Third-Party Content

Any opinions, advice, statements, or other information made available by third parties on the Website are those of the respective authors and not of us. We are not responsible for the accuracy or reliability of third-party content.

 

13. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies you have under the Australian Consumer Law. If there is a failure to comply with a consumer guarantee, you are entitled to a remedy as provided by law.

 

14. Privacy Policy

We respect your privacy and are committed to protecting your personal information. Any personal data collected through our Website will be used in accordance with our Privacy Policy, which outlines how we collect, use, store, and protect your personal information. Please review it to understand how your information will be handled.

 

15. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, strikes, terrorism, pandemics, government actions, or technological failures. In such cases, we will make reasonable efforts to notify you of the delay and will resume performance as soon as possible.

 

16. Dispute Resolution

If a dispute arises between you and us, we agree to first attempt to resolve the issue through informal discussions. If this does not resolve the matter, we will attempt mediation with a neutral third party.

If mediation is unsuccessful, we may consider arbitration as a final step to resolve the dispute. Both parties agree to abide by the arbitrator’s decision.

This process is intended to help resolve disputes efficiently and without the need for costly court action.

 

17. Refund Rights

Under Australian Consumer Law, you are entitled to a remedy if a product or service fails to meet a consumer guarantee, such as being faulty or not as described. For more information on how to request a refund or exchange, please refer to our Return Policy. If your product is defective, you may be entitled to a repair, replacement, or refund, as outlined in the Australian Consumer Law.

 

18. Children's Privacy

Our website is not intended for use by children under the age of 18. We do not knowingly collect or solicit personal information from individuals under the age of 18. If you are under 18, please do not provide any personal information to us. If we discover that we have collected personal information from a user under the age of 18, we will take immediate steps to delete such information from our records.

We comply with the Australian Privacy Principles (APPs) under the Privacy Act 1988 and are committed to protecting the privacy of our users. If you have concerns about the data we may hold or require assistance, please contact us at info@mokuworks.com.au.

 

19. International Users

Our website is intended for users located in Australia. If you access our website from outside Australia, you are responsible for complying with the local laws of your jurisdiction regarding online commerce and the use of the website. We do not accept orders from locations outside of Australia at this time.

 

20. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Melbourne, Victoria.

 

21. Contact Information

For questions about these Terms, please contact us:

MOKU WORKS

Email: info@mokuworks.com.au