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1. Agreement to Terms and Conditions of Use

(a) These Terms and Conditions of Use (‘the Terms of Use’) apply to the Moss River Website located at www.mossriver.com.au
(‘the Website’) and all associated websites linked to the Website. Please read these Terms of Use carefully before use.

(b) By using the Website you are agreeing to be bound by the following Terms of Use.

(c) The Website is wholly owned by Fineline Home Products Pty Limited ABN 78 607 179 868 (‘the Company’).

(d) The Company’s contact details are set out below:
 

2. Variation

The Company reserves the right to vary the Terms of Use of the Website at anytime. Any variations become effective upon posting.
 

3. Content

(a) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (‘the Content’) including but not limited to the design, structure, selection, coordination, expression, appearance and arrangement of such Content, contained on the Website, is owned, controlled or licensed by the Company and is protected by copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.

(b) The Company does not, nor does any other party who provides Content to the Website make any warranty as to the accuracy, completeness or currency of the Content.

(c) To the extent permitted by law, the Company and its employees, officers, agents and contractors exclude all liability for any loss, claim, damage and expenses of any kind (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.

(d) As a user of the Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content.

(e) Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, posted, publicly displayed, encoded, translated or distributed in any way to any other computer, server, Website or other medium for publication or for any commercial enterprise without the express prior consent in writing of the Company.

(f) The Company and each party providing Content to the Website are limited in their liability to the extent permitted by the law, to the resupply of the Content. The Company does not accept responsibility for any liability in respect of access to other content through the use of the Website.
 

4. Your Use of the Website

(a) You may use the Website and the information contained within it for your own personal and non-commercial use only.

(b) You agree that you will not ‘hack’ into the Website nor employ any other illegitimate means to use the Website for any unauthorised purposes.

(c) You must not trace or seek to trace any information to its source of any user or customer of the Company, including any account of the Company not owned by you.

(d) You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure or Website.

(e) The Company reserves the right to bar any person entity that seeks to use the Website for any unauthorised purpose.
 

5. Purchases – Other Terms and Conditions

(a) Please choose carefully as the Company does not refund for change of mind or for goods offered for promotional sale or that may be end of lines or discontinued.

(b) The Company makes every effort to ensure that goods offered for sale on the Website are accurately presented but the Company cannot guarantee that colours viewed on a computer monitor will be an exact match with goods delivered.

(c) Please ensure that goods purchased fit properly before cleaning. All cotton goods are subject to shrinkage and for which allowance is made in manufacture. Please ensure that cleaning instructions are followed carefully.

(e) Additional Terms of Use may apply to the purchase of goods or services and to specific portions or features of the Website including contests, sales or other promotions or other similar features, all of which terms are made a part of these Terms of Use by this paragraph.

(f) You agree to abide by such other Terms of Use, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the Terms of Use posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter Terms of Use will have authority with respect to your use of that portion of the Website or the specific service.
 

6. Pricing

(a) Pricing of goods are in Australian dollars (AUD) and is inclusive of Goods & Services Tax (‘GST’).

(b) Pricing of goods and availability are subject to change without notice.

(c) Your receipt of an electronic order confirmation from the Company shall constitute notice that your order for goods has been received but does not guarantee availability. If goods ordered are out of stock or subject to delay the Company will contact you with a view to you either selecting alternative goods or to amending your order.

(d) All sales are final upon confirmation of processing of payment (‘Payment’). The Company will not refund the difference in price if goods you purchased at the advertised price later are placed on sale.

(e) In the event that goods advertised on the Website are advertised at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for such goods.

(f) The Company does not accept cancellations, additions or deletions to orders from the Website once they have been placed and Payment confirmed.
 

7. Despatch and Delivery

(a) Please ensure you enter the correct delivery address as goods ordered from the Website and returned to the Company as undeliverable may incur an additional despatch fee. Freight, courier or postal charges for the original despatch are not refundable.

(b) Your goods will be delivered during normal business hours. If a signature cannot be obtained at the time of delivery, a card will be left informing you of how to collect your goods during normal business hours. Goods will be held by each of the delivery services for their maximum hold time. If the goods are returned to the Company as undeliverable, further freight charges will be payable as per clause 6a.

(c) Notification of faulty, damaged, incorrect or missing goods must be received by the Company by telephone or email within 24 hours of delivery being signed for, at which time the Company will provide instructions for the return of the goods.
 

8. Return Policy

(a) The Company reserves the right to replace or exchange any goods ordered from the Website that are delivered either faulty or damaged after receiving notification as stipulated in clause 7c.

(b) The goods must be returned within 30 days of receipt in original condition and must not have been used, washed or damaged in any way unless defective.

(c) All returned goods must be in their original packaging in new, unused and saleable condition unless defective and the original receipt must be included.

(d) Use of incorrectly delivered or damaged goods will be deemed to be acceptance by the customer as a satisfactory substitute for goods ordered and no further claim will be entertained by the Company.
 

9. Privacy and Security

(a) The Company is committed to adopting the highest standards to safeguard the privacy of our customers’ personal information. Please refer to our Privacy Policy (‘the Policy’) on the Website which sets out how and why we collect, use and disclose your personal information.

(b) The Company takes all reasonable steps to ensure the security of your personal information. Please refer to the Policy on the Website which sets out how the Company endeavours to ensure the security of your personal information.
 

10. Links to Other Websites

(a) The Website may contain links to other independent third party Websites (‘Linked Websites’). These Linked Websites are provided solely as a convenience to our customers and visitors to the Website.

(b) Such Linked Websites are not under the control of Moss River or the Company and neither Moss River nor the Company is responsible for or endorses the content of such Linked Websites including any information or materials contained on such Linked Websites.

(c) You will need to make your own independent judgment regarding your interaction with these Linked Websites.
 

11. Disclaimers

(a) You expressly agree that your use of the Website and any Linked Website is at your own risk.

(b) To the fullest extent permitted by applicable law, the Company disclaims all warranties express or implied as to the operation of the Website or as to the Content of the Website.

(c) The Company does not warrant that the Website, its servers or email sent are free from viruses or other harmful components.

(d) The Company will not be liable for any damages of any kind arising from the use of the Website including but not limited to direct, indirect, incidental, punitive and consequential damages.

(e) Your sole remedy against the Company for dissatisfaction with the Website or any Content is to stop using the Website or any such Content. This limitation of relief is a part of the bargain between the parties.

(f) The Disclaimers contained herein apply to but are not limited to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort or any other cause of action.
 

12. Indemnity

(a) You must indemnify and keep indemnified the Company or its employees, contractors and agents against all loss, actions, proceedings, costs, expenses including legal fees, claims and damages arising from:

  • (i) Any breach of the Terms of Use;
  • (ii) Reliance by you on information obtained through the Website.

13. Applicable Law

(a) The Website, excluding any Linked Websites, is controlled by the Company. By accessing the Website, you accept that any disputes about the Website or the Contract are to be determined by the courts having jurisdiction in New South Wales (‘NSW’) in accordance with the laws in force in NSW, subject to the application of any principal of conflict of laws inconsistent with this provision.

(b) Although the Website may be accessed throughout Australia and overseas, the Company does not represent that the Content of the Website complies with the laws including the intellectual property laws of countries outside Australia.

(c) If you access or utilise the Content of the Website from outside Australia, it is your own responsibility to ensure that you comply with all laws in the location from which you access or utilise the Website.