Terms and Conditions (GTC)
Stand: 01.01.2018 – Version: 4.01
Ergonomic Solutions Australia Pty. Ltd. (ESA) offers customers the following terms and conditions through the online shop under the domains: www/moll-shop.com.au
All terms and conditions are offered under Australian Consumer Law and do not void your statutory rights
1. Scope / General provisions
1.1 The following General Terms and Conditions (GTC) apply to the contracts concluded between Ergonomic Solutions Australia Pty. Ltd. and the customer via the online shop.
1.2 Customers within the meaning of these GTC are consumers or companies purchasing from moll-shop.com.au.
1.2.1 A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
1.2.2 Companies within the meaning of these terms and conditions is any natural or legal person or legal partnership, with which is entered into a business relationship and in the exercise of a commercial or independent professional activity.
1.3 The law of the Australia applies.
1.3.1 For consumers who do not conclude the contract for professional or commercial purposes, the choice of law according to Number 1.3 of these GTC shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence, is withdrawn.
2. Conclusion of the contract / contract language / contract text storage
2.1 The products and services listed within the online shop do not constitute ESA binding offers; it is rather an invitation to the customer to make a binding offer by submitting an order.
2.2 By sending the order from the virtual “shopping cart”, the customer makes a binding order for the articles contained in it. ESA will confirm the receipt of this order immediately to the customer in text form by e-mail.
2.3 ESA is entitled to accept the contract offer of the customer within three working days after receipt of the order. The contract with the customer comes only with the explicit acceptance of the order by ESA.
2.4 The contract language is English.
2.5 The text of the contract is stored by ESA. The order data together with the terms of the contract including these GTC are sent to the customer separately in text form. The terms and conditions can also be accessed via the website in the online shop and downloaded in PDF.
5. Prices / terms of payment
5.1 All prices represent final prices – i. they include all price components including GST.
5.1.1 Unless otherwise agreed in individual cases, the purchase prices plus delivery and shipping costs apply; further details for the calculation of these can be accessed directly via the online shop.
5.2 ESA accepts the payment methods stated on the website and offered to the customer for selection. The customer selects the preferred method of payment from among the available payment methods himself.
5.2.1 In the case of a payment by bank transfer, the customer agrees to pay the purchase price plus applicable delivery and shipping cost, at least 5 days prior to the delivery. The account information will be communicated together with the request for payment.
5.3 The customer can exercise a right of retention only if his counterclaim is based on the same contractual relationship.
6. Delivery, Returns and Shipping
6.1 Unless otherwise agreed with the customer, delivery of the goods shall be made by courier to the delivery address provided by the customer. ESA uses a variety of courier companies to deliver the most economical delivery options.
6.1.1 The delivery of the items purchased by the customer takes place in the case of a payment by bank transfer or eWay within seven working days after receipt of payment, unless in connection with the article offer a longer delivery time is explicitly indicated. Longer delivery may occur in case items purchased are not in stock or are available via special order.
6.2.1 The risk of accidental loss and accidental deterioration of the sold item is transferred to deliveries to entrepreneurs with the transfer to them or a person entitled to receive, in the case of dispatch sale already with the delivery of the goods to a suitable transport person.
6.2.2 For deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods sold always passes to the consumer upon transfer of the goods to the consumer.
6.2.3 With regard to the assumption of risk, it is the same for the transfer if the customer is in default of acceptance.
6.3 moll-mhop.com.au, due to the nature of our products we sell, does not offer returns for change of mind. Please choose carefully, as purchases, once made, can not be changed. At the sole discretion of moll-shop.com.au and it’s parent company ESA, in certain circumstances will offer a return and either credit or refund, with a 25% restocking fee.
6.3.1 Any return must be accepted by moll-shop.com.au in writing, and an offer of credit or partial refund be made to the consumer.
6.2.2 Goods must be returned in their original packaging, in an unused condition and with all original stickers/labels and other marketing and/or instruction material.
6.2.3 Return freight is borne by the consumer, and in the event of non acceptance of the condition of the item, freight charges will apply for a return or disposal of goods.
Under the Australian Consumer Law, you have guaranteed legal rights for goods and services you purchase. These are called consumer guarantees.
All goods sold in Australia come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
There are nine consumer guarantees that apply to goods you purchase:
- Acceptable quality.
- Fit for a particular purpose
- Match description
- Match the sample or demonstration model
- Express warranties will be honoured
- Spare parts and repair facilities will be available for a reasonable time after purchase
- Title to the goods
- Undisturbed possession of the goods
- No undisclosed securities on the goods
Consumer guarantees cannot be excluded and are in addition to any extended warranty you purchase or any voluntary warranty (warranty against defects) you are given.
There may be circumstances where you are not entitled to a remedy.
For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.