Terms & Conditions
Welcome to Moch Collective. These Terms & Conditions govern your access to and use of our website and any purchases made through our online store.
Throughout these Terms & Conditions, “Moch Collective”, “we”, “our” and “us” refer to the business operating this website, while “you” and “your” refer to the customer or user of our website.
By accessing our website or placing an order with us, you agree to these Terms & Conditions together with our Privacy Policy, Shipping Policy and Returns Policy.
If you do not agree with these Terms & Conditions, you should not use our website.
These Terms & Conditions operate subject to the Australian Consumer Law and other applicable Australian laws. Nothing in these Terms & Conditions is intended to exclude, restrict or modify any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified.
1. Business Information
Moch Collective is a registered Australian business name based in Sydney, New South Wales, Australia.
Our registered business name is Moch Collective.
Our products and promotional material may feature MOCH as product or visual branding. The business supplying products purchased through our website is the legal entity identified above trading as Moch Collective.
2. Orders
2.1 Placing an Order
All orders placed through the Moch Collective website are subject to acceptance, successful payment and product availability.
When placing an order, you are responsible for ensuring that all information provided is accurate and complete, including your:
- name;
- email address;
- contact number;
- delivery address;
- product selection;
- colour selection; and
- quantity.
Please review your order carefully before completing checkout.
2.2 Order Confirmation and Acceptance
After placing an order, you will receive an order confirmation using the contact details provided at checkout.
An automated order confirmation confirms that we have received your order but does not necessarily constitute acceptance of your order.
Unless otherwise stated, your order is accepted when we confirm dispatch or otherwise expressly confirm that your order has been accepted.
We reserve the right to cancel or decline an order before acceptance or dispatch where reasonably necessary. This may include circumstances where:
- a product is unavailable;
- incorrect pricing or product information has been displayed;
- payment cannot be successfully processed;
- a technical or administrative error has occurred;
- we reasonably suspect fraudulent, unauthorised or suspicious activity; or
- we are otherwise unable to fulfil the order.
If we cancel an order after payment has been received, the amount paid for the cancelled order will be refunded to the original payment method, subject to any rights or obligations arising under applicable law.
2.3 Order Changes and Cancellations
If you need to change or cancel an order, please contact us as soon as possible.
We will make reasonable efforts to assist where possible, but once an order has been processed, packed or dispatched, we cannot guarantee that changes or cancellations can be made.
Nothing in this section affects any rights you may have under the Australian Consumer Law.
2.4 Order and Payment Verification
Where we reasonably suspect fraudulent, unauthorised or suspicious activity, we may request additional information reasonably necessary to verify an order, payment or identity.
Any verification request will be limited to information reasonably necessary for that purpose.
If sufficient verification cannot be obtained, we may decline or cancel the affected order and refund any amount already paid, where appropriate.
3. Product Information
We take reasonable care to ensure that product descriptions, photographs, dimensions, colours and other information displayed on our website are accurate.
However, colours and finishes may appear slightly different depending on lighting, photography, screen settings and the device used to view our website.
Minor variations in colour, texture, stitching or finish that do not materially affect the product’s appearance, functionality, quality or conformity with its description may occur as part of the manufacturing process.
Product measurements are approximate unless expressly stated otherwise.
Our mirrored lip liner case is designed to hold up to four standard lip liners. Lip liner dimensions vary between brands and products, and we do not guarantee compatibility with every lip liner available on the market.
Customers should review the product dimensions and information provided on the relevant product page before purchasing.
Nothing in this section limits your rights under the Australian Consumer Law, including rights relating to acceptable quality, fitness for purpose and products matching their description.
4. Product Care, Safety & Use
Customers are responsible for using and caring for Moch Collective products reasonably and in accordance with their intended purpose and any care or safety instructions supplied with the product.
Our mirrored lip liner case contains a mirror and should be handled with care.
Do not continue using the product if the mirror becomes cracked, chipped, loose or broken. A damaged mirror may create sharp edges and should be handled and disposed of safely. Keep damaged products away from children.
Damage resulting from accidental drops, impact, crushing, misuse, improper storage, unreasonable force or other customer-caused damage will not ordinarily constitute a manufacturing fault.
Normal wear and tear resulting from reasonable use does not necessarily constitute a product fault.
If you become aware of a product-safety issue or believe a product has caused an injury, please stop using the product and contact us as soon as reasonably possible so that we can assess the issue.
Nothing in this section excludes any rights you may have under the Australian Consumer Law or any other applicable product-safety law.
5. Pricing
All prices displayed on our website are stated in Australian Dollars (AUD).
Where GST applies, prices are inclusive of GST unless otherwise stated.
Shipping charges, where applicable, will be displayed at checkout before payment is completed.
We may update our prices at any time without prior notice. Changes to prices will not affect an order that has already been accepted and paid for, except where an obvious pricing error has occurred and applicable law permits us to address that error.
5.1 Pricing Errors
While we take reasonable care to ensure pricing information is accurate, errors may occasionally occur.
If we identify an obvious pricing error relating to an order before fulfilment, we may contact you and provide the option to proceed at the correct price or cancel the affected item or order.
If an affected order is cancelled after payment has been received, the relevant amount will be refunded to your original payment method.
Nothing in this section limits any rights you may have under the Australian Consumer Law.
6. Payment
Payment must be made in full at checkout before an order is processed unless another payment arrangement is expressly offered at checkout.
We accept the payment methods displayed on our website at the time of purchase. Available payment methods may change from time to time.
Payments may be processed through secure third-party payment providers, including Shopify Payments and any other payment providers displayed at checkout.
Moch Collective does not directly store your complete credit or debit card details where those details are processed by a third-party payment provider.
If payment cannot be successfully authorised or processed, your order may not be completed.
Any instalment, buy-now-pay-later or similar third-party payment service offered at checkout may also be subject to that provider’s separate terms and conditions.
7. Shipping & Delivery
Please refer to our separate Shipping Policy for complete information regarding order processing, shipping costs and estimated delivery timeframes.
Orders are dispatched from Sydney, New South Wales, Australia.
7.1 Processing and Delivery Times
Any processing or delivery timeframes provided by Moch Collective or a shipping carrier are estimates unless expressly stated otherwise.
Delivery may be affected by circumstances outside our reasonable control, including:
- carrier delays;
- severe weather;
- public holidays;
- transport disruptions;
- customs processing for international orders; or
- other events outside our reasonable control.
We will take reasonable steps to address material delivery issues where they arise.
7.2 Delivery Information
You are responsible for providing an accurate and complete delivery address when placing your order.
Moch Collective is not responsible for delays or reasonable additional costs resulting from incorrect or incomplete delivery information supplied by the customer, to the extent permitted by law.
If an order is returned to us because:
- the address supplied was incorrect or incomplete;
- the parcel was unclaimed; or
- delivery could not be completed for a reason attributable to the customer,
you may be responsible for reasonable additional shipping costs required to resend the order.
7.3 Authority to Leave and Delivery Instructions
Where you select, request or authorise an authority-to-leave or similar delivery option, you acknowledge that the parcel may be left at the nominated delivery location in accordance with the relevant carrier’s procedures.
Any authority to leave, safe-drop request or delivery instruction does not exclude, restrict or modify rights or remedies that cannot lawfully be excluded, restricted or modified.
7.4 Missing, Damaged or Incorrect Parcels
If you believe your parcel has been lost, damaged during delivery, misdelivered or delivered incorrectly, please contact us as soon as reasonably possible.
We may request your order number, delivery information, photographs, packaging photographs or other information reasonably necessary to investigate the issue.
Where appropriate, we may work with the relevant shipping carrier to investigate the delivery.
Nothing in this section limits your rights under the Australian Consumer Law.
8. Returns, Refunds & Exchanges
Please choose your products carefully before completing your purchase. Full details are set out in our Returns Policy.
8.1 Change of Mind
Moch Collective does not accept returns, refunds or exchanges for change of mind.
This includes circumstances where you:
- simply change your mind;
- decide that you no longer want or need the product;
- order the incorrect colour or product;
- prefer a different colour after receiving your order;
- find the product cheaper elsewhere;
- decide the product does not suit your personal preference; or
- incorrectly select a product before completing checkout.
Please review product photographs, descriptions, dimensions, colours and other relevant information carefully before placing your order.
This change-of-mind policy does not affect your rights under the Australian Consumer Law.
8.2 Faulty, Damaged, Misdescribed or Incorrect Products
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
If you believe that your product:
- is faulty;
- arrived damaged;
- is materially different from its description;
- is not of acceptable quality;
- is not reasonably fit for an applicable disclosed purpose;
- does not meet an applicable consumer guarantee; or
- is not the product you ordered,
please contact Moch Collective as soon as reasonably possible.
When contacting us, we may ask you to provide information reasonably necessary to assess the issue, including:
- your order number;
- proof of purchase;
- photographs or videos showing the issue;
- photographs of the packaging where relevant; and
- a description of the problem.
Where reasonably necessary, we may ask for the product to be returned so that the issue can be assessed.
8.3 Remedies for Faulty Products
Your rights and the appropriate remedy will depend on the circumstances and the Australian Consumer Law.
Where a product has a minor failure, Moch Collective will provide a remedy in accordance with the Australian Consumer Law. We may choose to repair the product, where appropriate, or may instead provide a replacement or refund.
If a minor problem cannot be remedied within a reasonable time, you may be entitled to another remedy under the Australian Consumer Law.
Where a product has a major failure, you are entitled to choose between a refund or replacement and may also be entitled to compensation for reasonably foreseeable loss or damage in accordance with the Australian Consumer Law.
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
8.4 Return Postage for Faulty Products
Where we reasonably require a product to be returned for assessment, we will provide instructions for return.
If the product is confirmed to have a fault or otherwise fails to comply with an applicable consumer guarantee, we will reimburse reasonable return postage costs already incurred by you where required by the Australian Consumer Law.
If, after assessment, the product is found not to have a fault and no consumer guarantee has been breached, you may be responsible for return or redelivery costs to the extent permitted by law.
8.5 Exchanges and Replacements
Moch Collective does not offer exchanges for change of mind, incorrect selection or personal preference.
A replacement may be provided where required or appropriate in connection with a faulty product or another failure to comply with the Australian Consumer Law.
Any replacement is subject to product availability. Where the same product is unavailable, we will provide another remedy where required by law.
8.6 Customer-Caused Damage
Moch Collective is not required to provide a refund, replacement, repair or other remedy where damage occurs after delivery as a result of accidental damage, impact, dropping, crushing, misuse, improper handling or storage, unreasonable force, failure to follow reasonable care instructions, or any other circumstances attributable to the customer.
This includes damage to any component, surface, finish or functional element of the product that was not present when the product was received.
This does not affect any rights or remedies available to you under the Australian Consumer Law where the product was faulty, damaged or otherwise failed to comply with an applicable consumer guarantee at the time of supply.
9. Sale Items, Promotions & Gifts
Sale, discounted and promotional items are not eligible for change-of-mind returns or exchanges.
However, purchasing an item at a reduced or promotional price does not remove any rights you may have under the Australian Consumer Law in relation to faulty or non-compliant products.
From time to time, Moch Collective may offer promotional codes, gifts, discounts or special offers.
Promotional offers may be subject to additional conditions including:
- commencement and expiry dates;
- minimum purchase amounts;
- eligible products;
- maximum uses;
- customer eligibility; and
- product availability.
Unless otherwise stated, promotional offers cannot be combined.
Unless otherwise stated, promotional gifts are subject to availability and are not redeemable for cash.
Where a promotional entitlement or gift is conditional on a qualifying purchase and that purchase is subsequently cancelled or refunded, the promotional entitlement may cease to apply, subject to the Australian Consumer Law and any specific promotional terms.
We may refuse or cancel the use of a promotional code where it has expired, has been used contrary to its stated conditions, or has been applied as a result of an obvious technical or administrative error.
10. Intellectual Property
Unless otherwise stated, intellectual property owned by or licensed to Moch Collective and displayed through our website, branding and marketing materials remains the property of Moch Collective or the relevant rights holder.
This may include:
- the Moch Collective name;
- MOCH branding;
- logos;
- original product and packaging artwork;
- product photography;
- graphics;
- videos;
- written content;
- website design and layout;
- marketing material; and
- other original creative content.
Where Moch Collective owns or holds relevant rights in a product design, those rights are also reserved.
Website content may be accessed for personal, non-commercial use only.
You must not reproduce, copy, distribute, modify, publish, sell, commercially exploit or otherwise use our intellectual property without our prior written permission, except where permitted by law.
Nothing contained on our website grants you any ownership interest, licence or other right to use our intellectual property except as expressly permitted.
11. Website Use
You must not use the Moch Collective website:
- for unlawful or fraudulent purposes;
- in a manner that infringes another person’s rights;
- to interfere with the operation or security of our website;
- to introduce viruses, malware or other harmful material;
- to attempt to gain unauthorised access to our systems; or
- in any way that may materially damage Moch Collective, our website or other users.
We may restrict or suspend access to our website where reasonably necessary to protect our business, customers, systems or legal rights.
12. Third-Party Services & Links
Our website may use or provide access to services operated by third parties, including Shopify, payment providers, shipping carriers and social media platforms.
Third-party websites and services may be governed by their own terms, conditions and privacy policies.
To the extent permitted by law, Moch Collective is not responsible for the independent operation of third-party websites or services that are outside our reasonable control.
Nothing in this section limits any liability that cannot lawfully be excluded.
13. Privacy
Moch Collective respects your privacy.
Personal information provided through our website may be collected and used for purposes including:
- processing and fulfilling orders;
- processing payments;
- arranging delivery;
- communicating with you about your order;
- providing customer service;
- preventing fraud;
- operating, maintaining and improving our website and business; and
- complying with applicable legal obligations.
Our website may also use cookies, analytics, ecommerce technology and third-party service providers as described in our Privacy Policy.
Where you have consented to receive marketing communications, you may unsubscribe using the unsubscribe method provided in those communications.
Please refer to our Privacy Policy for further information about how we collect, use, disclose, store and otherwise handle personal information.
14. Limitation of Liability
To the maximum extent permitted by law, Moch Collective will not be liable for loss or damage arising solely from:
- improper or unintended use of a product;
- customer-caused damage;
- failure to follow reasonable product care or safety instructions; or
- circumstances outside our reasonable control,
except where liability cannot lawfully be excluded or limited.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer guarantee, right, remedy or liability that cannot be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
Nothing in these Terms & Conditions excludes any entitlement a consumer may have to compensation for reasonably foreseeable loss or damage arising from a breach of an applicable consumer guarantee.
15. Force Majeure
Moch Collective will not be responsible for a delay or failure to perform an obligation where that delay or failure is caused by circumstances beyond our reasonable control, to the extent permitted by law.
These circumstances may include:
- natural disasters;
- floods;
- bushfires;
- severe weather;
- pandemics;
- government actions or restrictions;
- industrial disputes;
- significant transport disruptions;
- postal or courier disruptions;
- power or internet outages;
- supplier disruptions; or
- similar events outside our reasonable control.
Where such circumstances occur, we will take reasonable steps to minimise disruption and resume normal operations where reasonably practicable.
Nothing in this section limits rights or remedies that cannot lawfully be excluded, including rights relating to products that are not supplied within an agreed or reasonable time.
16. Electronic Communications & Marketing
By placing an order with Moch Collective, you consent to receiving communications reasonably necessary to process and manage your transaction.
These communications may include:
- order confirmations;
- payment confirmations;
- shipping and delivery updates;
- customer service correspondence; and
- notices relating to your purchase.
We will only send electronic marketing communications where permitted by law. Where consent is required, we will obtain the appropriate consent.
Marketing communications will identify Moch Collective and provide a functional means of unsubscribing in accordance with applicable law.
You may unsubscribe from marketing communications using the unsubscribe method provided in those communications. Transactional communications relating to an existing order may still be sent where reasonably necessary to manage your purchase.
17. Changes to These Terms
Moch Collective may amend these Terms & Conditions from time to time.
The most current version will be published on our website together with the date it was last updated.
Any updated Terms & Conditions will apply from the date they are published, unless otherwise stated.
Changes will not retrospectively remove or restrict rights relating to an earlier purchase where those rights cannot lawfully be altered.
18. Severability
If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be interpreted, limited or severed to the extent necessary, and the remaining provisions will continue to operate.
19. Governing Law
These Terms & Conditions are governed by the laws of New South Wales, Australia.
Subject to any rights available under applicable consumer legislation, disputes relating to these Terms & Conditions or purchases from Moch Collective will be subject to the jurisdiction of the courts and tribunals of New South Wales, Australia.
Nothing in this section limits any rights a consumer may have under applicable Australian law or any right to bring a claim in another jurisdiction where that right cannot lawfully be excluded.
20. Contact Us
If you have any questions about your order, our products, these Terms & Conditions or any of our policies, please contact us:
Moch Collective
Sydney, New South Wales, Australia
Website: mochcollective.com.au
Email: mochcollective@outlook.com
We aim to respond to customer enquiries as soon as reasonably possible.