This Agreement is a contract between You and Moon Haven Natural Products ABN 63 121 861 535 (“Moon Haven”). It sets out the terms and conditions under which You may purchase products online from Moon Haven. Please read the following terms and conditions carefully before placing your order online with Moon Haven. By completing the customer application process and using Moon Haven’s online service, You agree to be bound by the terms and conditions of this Agreement.
1. INTERPRETATION.
In these Conditions:
“Agreement” means an agreement between You and Moon Haven to supply Goods. The Agreement consists of the Order and these Conditions.
“Conditions” means these Conditions and any agreed written variations.
“Delivery Address” means the address to which the Goods are to be delivered as stated on the Order.
“Goods” means Goods described in an Order and includes packaging.
“Intellectual Property Rights” includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
“Order” means an order by You to purchase Goods from Moon Haven’s online service.
“Product List” means the list of Goods displayed on the Moon Haven online Internet site as amended from time to time.
“Service Fee” means the fee payable to Moon Haven in respect of delivery of the Goods and handling costs associated with processing your Order as advised by Moon Haven from time to time.
2. THE AGREEMENT
2.1 What is the Agreement?
The entire agreement between You and Moon Haven for the purchase of Goods by You from Moon Haven is:
(a) these Conditions; and
(b) the terms of the Order.
2.2 When the Agreement is formed
An agreement exists between You and Moon Haven once:
(a) Moon Haven accepts an Order; or
(b) Moon Haven receives the Order and does not reject it within fourteen days.
2.3 Each Order is a separate agreement.
2.4 Set-Off
If You owe money to Moon Haven under one agreement, Moon Haven may set-off that money against any money that You owe to Moon Haven under another agreement. If Moon Haven owes money to You under one agreement Moon Haven may set-off that money against any money that it owes You under another agreement.
3. CUSTOMER APPLICATION
3.1 Application to be completed
You must complete a customer application before placing an Order for Goods on Moon Haven’s online service. You warrant that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform Moon Haven if there is any change to this information or data.
3.2 Set up costs
You are responsible for any costs associated with accessing Moon Haven’s online service site and placing orders for Goods on Moon Haven’s online service including any Internet provider fees.
3.3 Delivery area
In order to purchase Goods from Moon Haven’s online service, the Delivery Address which You nominate will need to be within a suburb where Moon Haven provides delivery services. Please ensure that your delivery address and suburb are correct, as orders for delivery to addresses in suburbs that are not in the Moon Haven delivery area will not be processed. Moon Haven will advise You if the Delivery Address which You nominate ceases to be in an area where Moon Haven delivers goods. Moon Haven will not be obliged to continue to deliver Goods to You if You change Your Delivery Address and the new Delivery Address which You nominate is not in an area within which Moon Haven delivers goods.
4. PURCHASE ORDERS & DELIVERY OF GOODS
4.1 Orders
You will place an Order on Moon Haven’s online service by selecting Goods and pressing the “Submit Order” button. Orders will be deemed to have been received by Moon Haven’s online service at the time of successful transmission of the Order.
4.2 Delivery of the Goods
Moon Haven will deliver the Goods to You at the Delivery Address, within the time agreed with you.
For orders placed before 12 noon (WA Time) we do endeavour to send your order out by AusPost the same day – or the next working day if orders are received on the weekend or public holiday. At times of high demand for our products we may not be able to provide same or next day dispatch.
At all times we endeavour to dispatch orders within 4 working days of receipt of your order – often sooner. If we experience a delay in the dispatch of good beyond this period we will contact you and discuss how you would like to proceed,
For delivery of orders within Australia we expect most deliveries to be made within 10 working days of dispatch.
4.3 Authorised receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed by Moon Haven to be authorised to receive the Goods.
4.4 Service Fee
If required by Moon Haven You shall pay to Moon Haven the Service Fee (or such other fee as may be specified by Moon Haven) in respect of each Order.
4.5 Minimum Order Value
Moon Haven may charge a Service Fee to cover packing and delivery for any order, no matter how large it may be. Moon Haven’s may waive this fee for orders whose value exceed a fixed amount as specified on Moon Haven’s online service web site. This fee waiver is limited to only orders for delivery within Australia. The minimum order value to obtain this waiver may change from time to time at the total discretion of Moon Haven and without prior notice. Moon Haven reserves its right, at its total discretion, to accept an Order and waive this Service Fee for orders below the minimum order value. The waiver of this requirement by Moon Haven in one instance will not oblige Moon Haven to accept an Order which is below the minimum order value and not charge a Service Fee at any other time.
5. RISK & TITLE IN THE GOODS
5.1 Risk and Title
Property and risk in the Goods passes to You upon delivery and payment of the Goods to the Delivery Address.
5.2 Returns or Refunds
If at any time You are not satisfied with the quality of the Goods You have purchased, You may call us at the Moon Haven Cottage on 1800 005 059 or (08) 97 555 470 and a we will assess Your request for a credit or refund of the purchase price.
Credit for any items that you return, or items that we pick up from you, will be applied to you next order.
6.PRICE OF GOODS & PAYMENT
6.1 Price of Goods
All prices are expressed in Australian dollars (AUD)
The price of the Goods as shown on the Product List is the price which is applicable at the time you view it.
6.2 Service Fee
You also agree to pay the Service Fee in respect of each Order.
6.3 Price Comparisons
The prices on the online Product List will not necessarily correspond to the prices in your local Moon Haven store.
Not all Moon Haven Store specials are available at Moon Haven’s online service and vice versa. Where Moon Haven Catalogues are published for specific stores; the specials in these catalogues are not available at Moon Haven’s online service. Other Moon Haven promotional lines may be available at Moon Haven’s online service from time to time.
6.4 Total Price of Goods
Items in your order are charged at the price applicable at the time you submitted your order and as shown on the order confirmation, except:
(a) Where an item is out of stock. In which case you will not be charged for that item or a refund will be provided to you if payment has been made.
(b) Where you have given instruction that you will accept a substitute item. The substitute item will be charged at the price applicable at the time the substitute Goods are processed and scanned for your order. If you are not happy with the substitute item provided contact us on 1800 005 059.
Upon delivery of the Goods, Moon Haven will provide you with a tax invoice specifying the total price for the Goods including credits applied and the Service Fee.
6.5 Method of payment
You may select from the following methods of payment.
At the time of each order, you will be required to select your payment method being online Payment by Credit Card ( MasterCard, Visa) or Personal Cheque or Money Order. Unless otherwise agreed, in order to receive your goods, payment must be received by the selected payment method. Moon Haven’s online service does not accept cash, third party cheques or bank debit card as payment for the Goods.
(b) online Payment by Credit Card
You may provide your credit card details during checkout on our secure site. We will process your order payment using your credit card ( MasterCard, Visa) details for the value printed on the tax invoice we provide with your delivery. The payment will be processed at the time of placing your order.
If your credit card is declined by your financial institution we will not be able to guarantee delivery on any date requested by You on your order. We may contact you to make alternative delivery and payment arrangements.
If you have any queries about the credit charge once you take delivery please contact Moon haven on 1800 005 059 or 08 97 555 470.
For details on the Moon Haven’s online service Privacy & Security Statement, please click on the link Privacy and Security Statement or refer to the Privacy & Security hyperlink on the Home Page.
We may decide at any time not to accept payment from you by credit card for any reason. If we decide not to accept payment by credit card we will not process the order, and are not required to contact you to advise you that your order will not be processed . We may process this order or further orders if you agree to make payment by another method that is acceptable to us. We will not be required to give reasons when we decline to accept payment from you by credit card.
7. OUT OF STOCKS & SUBSTITUTION
7.1 No Rainchecks
Moon Haven will not provide rainchecks in respect of Goods ordered by You.
7.2 Substitution Option
When completing your Order, You will be invited to select a substitution option in respect of Goods which are out of stock. Moon Haven will use its best endeavours to ensure that all Goods ordered by You (and any agreed substitutes) are supplied to You.
7.3 Household Quantities
Moon Haven reserves to limit the sale of items to reasonable and/or normal household quantities.
8. PACKAGING & LABELING OF GOODS
Moon Haven’s online service aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to You. Moon Haven’s online service does not warrant the accuracy of the information contained in the Product List and recommends that You read the labels on Goods carefully before consuming the Goods.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge that Moon Haven or its related corporations own or are licensed to use all Intellectual Property Rights in Moon Haven’s online service (including, but not limited to, any images, photographs or text which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy Moon Haven’s online service in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
9.2 You acknowledge that any trademarks or logos which appear on the Moon Haven’s online service site are owned by or licensed to Moon Haven or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
10. LIABILITY
10.1 You acknowledge that Moon Haven’s online service is provided “AS IS” and that Moon Haven is not making and has not made any warranty or representation as to Moon Haven’s online service’s suitability for any particular purpose. You agree that in using Moon Haven’s online service, You are not relying on any statement or representation made by Moon Haven which is not expressly contained in this Agreement.
10.2 You agree that any liability of Moon Haven arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of Moon Haven’s online service (other than a condition or warranty implied by legislation which does not permit Moon Haven’s online service’s liability to be limited as stated in this clause 11.2) will, at the election of Moon Haven be limited to:
(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and
(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
10.3 You agree that the entire risk arising out of installation, down loading, use or performance of any software remains with You. To the extent permitted by law, You release and discharge Moon Haven and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Moon Haven’s online service or this Agreement, including, without limitation, loss or damage caused by the negligence of Moon Haven or its related corporations.
11. USERNAME AND PASSWORD
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You agree to release and indemnify Moon Haven in relation to any liability arising out of the unauthorised use of your user name and/or password.
12. NOTIFICATION OF CHANGES
Moon Haven may add to, delete, or otherwise change any of the terms of this Agreement by giving You notice as provided in clause 15. Your use of the Moon Haven’s online service after notice will constitute your deemed acceptance of such changes.
13. PRIVACY & SECURITY
For details on the Moon Haven’s online service Privacy & Security Statement, please click on the link Privacy & Security Statement or refer to
https://moonhaven.com.au/policies/privacy-policy
Mobile Terms of Service
Moon Haven
Last updated: Dec. 28, 2023
The Moon Haven mobile message service (the "Service") is operated by Moon Haven (“Moon Haven”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Moon Haven’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Moon Haven through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Moon Haven. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to MoonHaven or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Moon Haven mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to MoonHaven or email family@moonhaven.com.au.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
14. TERMINATION
Moon Haven may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that your shopping privileges have been removed. If this occurs, please contact Moon Haven Customer Care Centre on 1800 005 059. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.
15. NOTICES
Moon Haven may give notice to You by electronic mail, conventional mail to your address contained in the membership registration information or notice posting on the Moon Haven’s online website. You may give notice to Moon Haven’s online service by electronic mail to info@moonhaven.com.au.
16. PROVISIONS ARE SEVERABLE
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
17. WESTERN AUSTRALIAN LAW APPLIES
The laws of Western Australia govern this Agreement.
