The MOVI Workspace website (website) is operated by MOVI Workspace Pty Ltd (ABN 54 607 942 727) (us, we, our). The term ‘you’ or ‘your’ refers to the website user.  By using or accessing the website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (Terms and Conditions). If you do not agree to these Terms and Conditions, please do not use the website.

1. About these Terms and Conditions

These Terms and Conditions set out the terms by which:

a) you can access and use this website; and

b) we will agree to supply you with the products advertised on this website from time to time.

Whenever you purchase a product via this website, you must first agree to these Terms and Conditions.

You should read these Terms and Conditions in conjunction with our (Privacy Policy) and any other notices and disclaimers which appear in our website (but only to the extent such notices and disclaimers are not inconsistent with these Terms and Conditions).

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of this website will be deemed to constitute acceptance of the new Terms and Conditions. We recommend that you check this website regularly to take notice of any changes made.

 2. Use of this website

You must not upload, post, transmit or otherwise make available through this website any material which:

a) violates or infringes the rights of others (including their privacy and intellectual property rights);

b) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass any person;

c) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

d) affects the functionality or operation of the website or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly).

You must not use this website to purchase products if you intend to on-supply them to other parties in trade or commerce. If you wish to enquire about being supplied with commercial quantities of our products for you to on-sell them, please contact us by email at info@moviworkspace.com with details of your enquiry.

You must not purchase products via this website if you under 18 years old (although your parent/guardian may be able to do so).

3. Website Content

Our website is intended to provide general information about our products, including making purchases via our website, and health related information. While we do our best to supply accurate information on this website, errors and omissions may occur.

The health related information on our website is for informational purposes only and is not intended to replace professional medical advice. It should not be used to prevent, diagnose or treat any health condition.

Information on this website is subject to change without notice. In particular, any information we provide in relation to the availability of products is a guide only and is subject to change without notice.

While we do our best, we cannot guarantee that images on our website exactly represent actual products or their packaging. In particular, the colours shown on the website may not exactly represent the colours of our products because the colours you see on the website depend on the colour reproduction on your computer or mobile device.

This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. We have no control over the nature, content and availability of those websites. The inclusion of any hyperlinks to third party websites does not imply our endorsement or approval of such third parties, their websites or their businesses or other activities.

4. Intellectual Property

All images, trade marks, logos, text, graphics and other content appearing on this website (including the design, layout, appearance and look of the website) are owned by or licensed to us and are protected by copyright, trade mark and other intellectual property laws.

The use of any of our trade marks is strictly prohibited unless we provide prior written consent.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose except where necessary for viewing this website on your Internet browser, or where specifically authorised by law or in writing by us.

5. Indemnity

You agree to indemnify us against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by us (or our related bodies corporate, personnel, servants and agents) in connection with your use of the website, your breach of these Terms and Conditions or your breach of any rights of third parties.

6. Purchasing products

You may use the website to purchase products for delivery in Australia only. Any order placed by you in the manner described on the website is an offer by you to purchase a particular product for the price specified on the website at the time you place your order. 

All prices on this website are displayed in Australian Dollars and are subject to change without notice. Prices in Australian Dollars include GST and standard parcel delivery within Australia.

We use Shopify Payments (https://www.shopify.com.au/payments) to provide the payment services for products you choose to order.

We accept payment for products via Shopify Payments using VISA, MasterCard, AMEX, Paypal, Afterpay or Zip Money.

The credit card holder must be either the billing or shipping recipient.

Once your order has been submitted you acknowledge that it may not be varied or cancelled, except in accordance with clause 13.

You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of, the products ordered. 

You warrant that all details you provide to us when placing an order for a product are current, correct and complete, that you are an authorised user of the Paypal account or credit or debit card used to place your order and that your nominated Paypal account or credit or debit card will cover the full cost of the purchase. If we are unable to successfully process your Paypal account or debit or credit card payment for your order, we will notify you and cancel your order.

7. Receipt for payment

On the day you place your order for products, you will receive an email notification containing your receipt for payment.

8. Dealing with your order

All products in your order that are in stock will be processed and dispatched from our warehouse as soon as is practicable.

We will not be liable for any lack of availability of product that you may order through the website. If any products in your order are temporarily out of stock, we will contact you to arrange a refund, exchange or credit note for those products. If applicable, we may also give you the option of waiting for us to ship the products once new stock arrives.

We reserve the right to reject your order for products purchased through the website for any reason, including but not limited to if the products are not available, if there is an error in the description or price of the requested products as advertised on the website or if there is an error in your order.

If we reject your order, we will notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for your purchase, you will receive a full refund.

9. Delivery

Your order will be delivered to you through one of our third party couriers.

We will provide you with a link to track the progress of the delivery of your order as soon as it is available.

Our nominated courier will generally require a signature from you before you take delivery of your products. You acknowledge that our nominated courier will not leave the products at your nominated delivery address unattended. If there is no-one at the delivery address when the courier delivers your products, the courier will leave a card giving you the information necessary to contact the courier. You must then liaise directly with the courier to arrange re-delivery of the products or delivery to an alternative address.

Shipping is included in the product price for all standard delivery orders within Australia.

While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our courier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

10. Problems with your order

If you have any problems with your order, please contact our customer service team at support@moviworkspace.com or the telephone number listed on the website.

11. Contacting customer service

When you contact our customer service team by phone or email, please provide the following information so we can assist you as quickly as possible:

a) your name;

b) the date your order was placed, if applicable;

c) your Sales Order Reference Number, if available;

d) your tracking number, if available; and

e) a brief description of the problem you are experiencing.

12. Limitation of liability

We do not accept any liability to you or any third parties for any loss or damage which may directly or indirectly result from your use of the website or your access to, or inability to access, the website. This includes viruses alleged to have been obtained from the website and your reliance on any advice, opinion, information, representation or omission (whether negligent or otherwise) contained on the website. By using the website, you agree that you are using the website at your own risk and that you are solely responsible for the actions you take in reliance on the content displayed on, or accessed through, the website.

To the extent permitted by law, our liability to you is limited, at our option, to the repair or replacement of the goods or the re-supply of equivalent goods (or paying the cost of any of these).

To the extent permitted by law, in no event will we, our officers, employees or agents be liable for any consequential or indirect loss or damage, any loss of business or revenue, loss of profit, loss of opportunity, loss of data, loss of goodwill or loss of business reputation arising out of or in connection with your use of the website, or the supply of goods under these Terms and Conditions.

This agreement is not intended to exclude, restrict or modify any right which you have at law which may not be excluded, restricted or modified by agreement.

13. Our order cancellation policy

Change of Mind Returns – 30 Days

If you have received a product from us and changed your mind, we will gladly offer you a refund on up to three products per household or business provided that:

a) you contact us to authorise the return of your product within 30 days of the date of delivery to your nominated address;

b) you have kept the product for a minimum of 14 days* from the date of delivery to your nominated address;

c) the product is in re-saleable condition, including its original packaging (ie with original bumpers and pouch) and tags (where applicable); and

d) you produce a satisfactory proof of purchase (including an online proof of purchase such as a tax invoice).

*To be eligible to return your product in circumstances where you change your mind, we ask that you keep your MOVI Standing Desk for a minimum of 14 days to allow your body to adjust to a new working surface just as it takes time to make any routine a habit.

The process for returns in the above circumstances is as follows:

a) the first thing to do is let us know the purchased product isn't a perfect fit via email at support@moviworkspace.com or the telephone number listed on the website;

b) our customer service team will arrange to pick-up the product(s) from you at no additional cost;

c) provided the products are in an acceptable condition (as outlined above) you will be refunded the full purchase price and your account should be credited within 10 working days of the products arriving back to us. The refund will be placed on the card or account that you used to purchase.

Our right to cancel

We reserve the right to cancel your order prior to delivery and in some cases, to refuse to accept subsequent orders from you if:

a) you provide erroneous or insufficient information in relation to your payment method, billing details (including if the billing details you provide are different from the details your financial institution has on record) or shipping address;

b) we know or suspect that you intend to on-supply the products to be delivered to other parties in trade or commerce; or

c) we know of or suspect any fraudulent or dishonest activity in relation to your order.

14. Consumer Guarantees

If you purchase a product from us which does not meet the requirements under the consumer guarantees provisions in the Australian Competition and Consumer Act 2010 (Cth), we will either repair the product (if possible), or you can request that we provide a refund of the cost of the product or exchange the product with a replacement. For further information see the ACCC’s website at https://www.accc.gov.au/consumers/consumer-rights-guarantees.

You must provide proof of purchase to make a claim and we reserve the right to decline an exchange, refund or repair where the fault is caused by misuse or neglect.

In the case of an exchange, if the product you require is 'out of stock' a credit note or refund will be issued.

We reserve the right to determine whether a product is defective and to conduct a production and quality check. If a product is deemed defective by us, a replacement item will be shipped where possible subject to stock availability or a credit note issued. Alternatively, if you have requested a refund, we will make the necessary payment.

Please contact our customer service team at support@moviworkspace.com or the telephone number listed on the website for assistance regarding specific product return enquiries.

15. Product Warranty

All products purchased from the website come with a five year warranty (warranty period) from the date of purchase. This warranty covers you against operational, mechanical and structural defects in materials and workmanship for the warranty period.

The benefits conferred by this warranty are in addition to any other rights and remedies which may be available to you under applicable laws relating to the products manufactured in Australia.

Without limitation, this warranty does not cover damage, deterioration or malfunction caused by:

(i) accident, misuse, sunlight, fire, liquid contact, humidity, lightning, earthquake or other external causes;

(ii) use of a product outdoors;

(iii) use not in accordance with our operating instructions, including placing more than 20kg of weight on top of the product;

(iv) unauthorised product modification;

(v) use with another product; or

(vi) normal wear and tear.

To make a claim under this warranty, you must:

a) contact our customer service team at support@moviworkspace.com or via the telephone number listed on the website;

b) contact us within the warranty period; and

c) produce a satisfactory proof of purchase (including an online proof of purchase such as a tax invoice) demonstrating purchase of the product(s) from us directly.

We will investigate the defect and either:

a) resolve the issue by telephone (if possible);

b) arrange to pick-up the product(s) from you at no additional cost to investigate the defect.

For valid claims under this warranty, we will, at our option:

a) repair the defective product and return the product to you; or

b) replace the product with a new equivalent product.

All repair work done under this warranty will be carried out during normal business hours.

16. Questions and complaints

If you have any questions or feedback on any of the products advertised on this website, please contact us at support@moviworkspace.com or via the telephone number listed on the website. We greatly value our customers’ thoughts, which can help us to develop new and improved products for the future.

If you have a complaint regarding a specific order via this website, please contact us at support@moviworkspace.com or via the telephone number listed on the website. 

17. Inability to carry out obligations

If we are unable to perform any or all of our obligations under these Terms and Conditions by reason of an event which is not reasonably within our control including without limitation omissions or impositions by federal or national government authorities, fire, flood, earthquake and other natural disasters, acts of god, war, revolution, strike, fuel shortages and shortage of raw materials, we are relieved of those obligations to the extent and for the period that they are unable to be performed.

18. General legal matters

Severability

The provisions of these Terms and Conditions will be deemed to be severable and any invalidity of any provision of this agreement will not affect the validity of the remaining provisions of this agreement.

Transaction by minors

If we suffer any damage or loss as a result of a person who is under 18 years old entering into (or purporting to enter into) a transaction via this website, we reserve the right to seek compensation from any parent/guardian of that person.

Waiver

Any delay or failure by us to enforce any rights under these Terms and Conditions does not constitute waiver.

Governing law

These Terms and Conditions are governed by the laws in force in the State of Victoria, Australia and you must submit to the non-exclusive jurisdiction of the courts of the State of Victoria including the Federal Court of Australia.