Conditions of Use

GENERAL

Ahn Troja Holdings Pty Ltd (MOEAVA, we, us or our) provides the MOEAVA Beauty websites – moeavabeauty.com and www.moeava.com.au (collectively, the Sites). These terms and conditions, our Privacy Policy any other terms and conditions and policies that you may find on the Sites (such as our Returns & Exchanges Policy) and any applicable laws or regulations (collectively, Terms) govern your use of, and access to, the Sites, our related websites and social media channels, and the products and services provided therein, regardless of your means of access.

We encourage you to read the Terms and contact us if you have any questions in relation to the Terms or the Sites. By accessing or using the Sites, you acknowledge that you have read, understood, and agreed to the Terms.

If you access and use any part of the Sites on someone else's behalf, you represent that you have the authority to do so, and accept the Terms, on their behalf. To the extent you do not have such authority, you agree to be bound to the Terms and to accept liability for any harm or loss caused by any wrongful use of the Sites or Content resulting from such access or use.

By visiting https://moeavabeauty.com and/or https://moeava.com.au you are agreeing to comply with and be bound by the following terms and conditions of use which together with the Privacy Policy govern MOEAVA’s relationship with you in relation to making an online purchase and overall use of this website.

MOEAVA makes every effort to have a functioning site; however, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

The use of this website is subject to the following condition of use:

The content and structure of the pages of this website is for your general information and use only.
The content and structure of the pages of this website is subject to change without notice.
Neither MOEAVA nor any third parties provide any warranty or guarantee as to the accuracy, reliability, availability, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose.
You acknowledge that any information and materials found in this website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements. You hereby indemnify, defend, and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees harmless from and against any and all liabilities and costs incurred in connection with any claim arising out of any breach by you of this agreement or claims arising from your use of our website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not property of, or licensed to MOEAVA are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this web site may also include links to other web sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the web site(s). We have no responsibility for the content of the linked web site(s).
You may not create a link to this web site from another web site or document without MOEAVA’s prior consent. To make a request, please send an email to: customerservice@moeavabeauty.com
Your use of this web site and any dispute arising out of such use of the web site is subject to the laws of the state of Queensland, Australia

APPLICABLE LAW

The Terms are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in Queensland, Australia.

MODIFICATION

We may modify or remove any part of these Terms, or content of the Sites, at any time without notice. Any changes are effective immediately upon posting to, or removal from, the Sites. Your continued use of the Sites thereafter constitutes your acceptance of any changes to the Sites or Terms. If you do not agree to any change, then you must immediately stop using the Sites.

You should read the Terms before placing an order online and check back often for any changes. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law.

We do not promise to continue to offer or maintain the Sites. We may, at any time and without prior notice to you, withdraw the Sites from use and terminate any or all of the rights granted by the Terms.

PLACING ORDERS AND MAKING BOOKINGS

Currently, you may only place an order via the MOEAVA websites at www.moeava.com.au and www.moeavabeauty.com.

To place an order, you must:

meet the eligibility criteria (see below); and
provide your personal and payment details, including your full name, phone number, e-mail address and any other requested information. By providing these details, you represent and warrant that they are valid and correct and that you are the person specified in the ‘Billing information’ section.

You will meet the eligibility criteria if:

you hold a valid credit or debit card issued by a bank that is acceptable to MOEAVA or you hold another means of payment that is acceptable to MOEAVA, such as a valid Paypal or Afterpay account (Alternative Payment Method);
you have authorised MOEAVA to process 1 or more charges on your credit or debit card or Alternative Payment Method in an amount equivalent to the total purchase price for the goods or services that are the subject of the order.

We reserve the right to only accept orders from those aged over 18 or 21, as legislated by the relevant state or territory of residence.

We may use your personal information (eg your personal and payment details) for the purpose of performing credit checks. Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions.

Please refer to our Privacy Policy or further information about how we use your personal information.

Orders

These Terms of Use shall govern any order you make through the Site for Products (such order, an “Order”). MOEAVA only ships currently to addresses in the Australia, New Zealand, United States of America, Canada, U.K., EU, and South Korea.

Order Acceptance. When you place an Order, we will confirm your address by sending an email to the email address you have provided and/or calling you to verify your Order. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. Your Order will be deemed accepted by MOEAVA upon our shipment of the Products that you have ordered. We may require additional verifications or information before accepting any Order. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when MOEAVA provides the Product(s) to a common carrier. Any estimated shipping date provided by MOEAVA is based on Product availability and payment processing time, and does not include transit time.

Order Issues. For any reason, we reserve the right to decline to accept your Order or any part of your Order on reasonable grounds or where permitted by these Terms of Use. If some of the Products in your Order are temporarily out of stock, we will notify you in writing at the email address you provided of any Products that cannot be fulfilled and will work with you in good faith to find a suitable replacement for such items. If we are unable to find a suitable replacement, we will ship the available Products only and provide a refund for any out of stock Products. If we decline to accept your Order, we will notify you in writing at the email address you provided.

Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, MOEAVA reserves the right to cancel your order and provide you a refund for the amount paid for the Product.

Restrictions on Resale. To protect the intellectual property rights of MOEAVA and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. MOEAVA reserves the right to decline any order that we deem to possess characteristics of reselling. MOEAVA actively protects its intellectual property rights and will not hesitate to do so upon learning of any unauthorized resale of its Products.
International Importation. For Canadian, US, UK, and EU customers, this wording is required to appoint you as the importer for the goods and to authorize our customs broker to import the goods on your behalf. As the goods are being shipped from outside Australia, you, and not MOEAVA, will be the importer of the goods into your country and will be liable to pay any taxes, GST, VAT and/or customs duties due on the goods.

INTENDED USE

By placing an order or making a booking with us, you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose, you will assume full responsibility for any loss or damage arising out of such use.

INTELLECTUAL PROPERTY RIGHTS

In this document:

Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Sites, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and
Intellectual Property Rights includes patents, rights to inventions, copyright, trademarks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.

The Sites, Content and all Intellectual Property Rights comprised in the Sites and Content are owned by MOEAVA, or in some cases, our affiliates, partners or licensors. The Intellectual Property Rights may be protected by Australian and international laws.

You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or Sites, other than as expressly authorised by us, our third party licensors or applicable laws, such as the Copyright Act 1968 (Cth).

Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Sites or Content is prohibited. Without limiting the foregoing, you are permitted to make 1 copy of the Content for your personal use.

MOEAVA makes no representations or warranties about whether your use of the Sites or Content will, or will not, infringe any Intellectual Property Rights, including those of MOEAVA or any third party.

LIMITED LICENCE

We grant you a limited, revocable, and non-exclusive licence to access the Sites for your personal use. This limited licence does not permit, and you are, therefore, restricted from:

publishing, distributing, transmitting, selling, licensing or downloading the whole or any part of the Sites or Content (except caching or as necessary to view the Sites);
making any use of the Sites or Content other than for personal use;
modifying, reverse engineering or creating any derivative works based upon the Sites or Content;
collecting account information for the benefit of yourself or another party;
using any meta tags or any other "hidden text" utilizing any Content; or
using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.

You must retain, without modification, all proprietary notices on the Sites or affixed to or contained in the Sites. Any powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.

Any unauthorized use by you of the Sites or Content automatically terminates the limited licence set forth in this section without prejudice to any other right or remedy available to MOEAVA under applicable laws or the Terms.

REPRESENTATIONS AND WARRANTIES

We attempt to provide accurate information on the Sites. However, the information contained on the Sites is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law:

we do not warrant that information contained on the Sites or in the Content, including any product or service descriptions, colours, ingredients is accurate, complete, reliable, current, or error-free;
MOEAVA takes no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Sites or in the Content; and
the Sites are presented ’as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Sites, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.

MOEAVA does not promise that any part of the Sites or Content is error-free or that the Sites, the Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.

Nothing in the Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified Subject to the preceding sentence, and to the fullest extent permitted by applicable law, our liability under the Terms will be limited, at our option:

in the case of services, to (a)re-supplying those services; or (b) paying the cost of having the services re-supplied; and
in the case of goods, to (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of replacing the goods or of acquiring equivalent goods; or (d) paying the cost of having the goods repaired.

LIMITATION OF LIABILITY

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Sites, including clicking any hyperlink to or from a third party website; (e) any inaccuracies or omissions in the Sites or Content; or (f) events beyond our reasonable control.

Further, to the fullest extent permitted by applicable law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Sites or its Content, or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed AUD$ 100.

INDEMNITY

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

your breach or non-observance of any term of the Terms;
any breach or inaccuracy in any of your representations or warranties; or
your use of the Sites or Content.

NO COMMERCIAL USE

The Sites (and any goods or services purchased on or via the Sites) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Sites. You may not use the Sites (and any goods or services purchased on or via the Sites), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.

USE OF INFORMATION

If you upload or otherwise provide any information or content (User Content) in the course of accessing or using the Sites, you:

agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), including in all media now known or not currently known;
consent to us infringing any moral rights or similar rights you may have or may acquire in the future in that User Content; and
agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.

You agree that you will not upload or otherwise provide any User Content that:

is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
infringes the intellectual or other proprietary interests of third parties;
contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Sites or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Sites or otherwise breaches or encourages other users to breach the Terms;
violates any law, statute or regulation;
forges information to disguise the origin of any User Content; or
encourages or incites any other person to engage in any of the above behaviour.

THIRD PARTY SITES

We may include hyperlinks on the Sites to other websites, platforms or resources operated by third parties (Third Party Sites). MOEAVA is not responsible for the content or accuracy of any Third Party Sites linked to or from the Sites, nor are we responsible for the availability of Third Party Sites, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Sites, including any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

You should make your own reasonable enquires regarding the content of Third Party Sites. Your linking to or from the Third Party Sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MOEAVA.

BREACH AND TERMINATION

If, in our reasonable opinion, you breach any provision of the Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any part of the Sites. In any event, we may terminate the Terms (and your right to use the Site) at any time and for any reason, without prior notice to you.

RELATIONSHIP

No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by the Terms.

FORCE MAJEURE

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.

OFFERS

All terms of an offer must be met.

Offers are valid only for the period specified and will end at 11:59am AET on the end date, unless stated otherwise in the offer terms. Orders placed on days with free shipping offers are not eligible for our 2pm same day dispatch guarantee.

Items on sale during a MOEAVA pre-sale offer will be subject to an order quantity limit per customer, per order, which we may determine or amend (in our absolute discretion) at any time.

Please note offer periods are subject to product availability and will terminate early if stocks run out.

We reserve the right to vary, withdraw or cancel offers for any reason at any time.

NO WAIVER

Any failure to enforce any of our rights does not constitute a waiver of those rights.

SEVERABILITY

Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.