Terms & Conditions
1. About this Website
(1) This website is published by MORA Australia Pty Limited ACN 164 903 851 ("Publisher").
2. About moraaustralia.com
(1) MORA Australia Pty Limited ACN 164 903 851 (trading as MORA Australia) of PO Box 1054, Booragoon WA 6954 (“MORA Australia”), carries on business from the website.
(2) The goods and services described in this website are available from MORA Australia both online and in-store at Shop 9,11 Station Street, Cottesloe WA 6011 (unless the goods or services are specified as “available online only” or “available in store only”), and will be available for you to make an offer to MORA Australia via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where MORA Australia accepts your offer, MORA Australia will sell the goods or services to you in accordance with the Term and Conditions of Sale and any Catalogue Terms.
3. Website Information
(1) Photographs are for illustrative purposes only and may vary from goods depicted or described.
(2) Made in Spain/Europe references in this website are only applicable to blankets, bedspreads, throws, cushion covers, baby products, pillows and mattress protectors (all MORA products).
(3) International visitors to this website should not rely on information contained in this website, including without limitation specifications or pricing (including postage). International orders are unable to be accepted however we may look into them on a case-by-case basis and accept at our discretion.
4. Website Content
(1) The Publisher may, at any time, add or remove content from this website without notice.
(3) Although the Publisher uses its best endeavours to confirm the accuracy of any information published on this website, you agree that the Publisher cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to the Publisher or by manufacturers or suppliers changing product specifications without notice to MORA Australia or the Publisher. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
(4) The information, materials and services in this website is provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via our contact us page.
(5) This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, the Publisher does not in any way represent that the Publisher recommends or endorses the relevant advertiser, its products or services.
(6) The Publisher nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold the Publisher liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
(7) MORA Australia may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. The Publisher does not accept any responsibility in connection with your participation in activities conducted by any other party.
5. Your Use of the Website
(2) You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
(3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
(4) The Publisher may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
(5) The Publisher may in its sole discretion restrict your access to this website. If the Publisher does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. The Publisher will not be liable to you or any third party for doing so.
(6) As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.
6. Intellectual Property Rights
(1) Any logos are registered trade marks of their respective owners and used under limited license by MORA Australia.
(3) Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. The Publisher makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
(4) You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of the Publisher or, in the case of third party material, from the owner of the copyright in that material.
(5) You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
(6) If you correspond or otherwise communicate with the Publisher, you automatically grant to the Publisher an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.
7. Links to Other Websites
(2) The Publisher reserves the right to prevent third parties from linking to this website.
8. Secure Data and Transmissions
(1) Given the nature of the internet, the Publisher cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and the Publisher does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst the Publisher and its third parties take precautions to protect information, the Publisher does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once the Publisher or its third party receives your transmission, the Publisher and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact us immediately via our contact us page.
(2) You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither the Publisher nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.
(1) Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).
10. Use of Your Information and Material
(1) The Publisher appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of the Publisher. The Publisher may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
(1) MORA Australia, each related body corporate of MORA Australia and the Publisher make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
(2) MORA Australia, each related body corporate of MORA Australia and the Publisher do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, each of MORA Australia, each related body corporate of MORA Australia and the Publisher disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
(3) The use of the information on this website is at your own risk. To the extent permitted by law, MORA Australia, each related body corporate MORA Australia and the Publisher exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through e-mail. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, MORA Australia, each related body corporate of MORA Australia and the Publisher limit their liability to the re-supply of the relevant information or services.
(4) You agree to indemnify MORA Australia, each related body corporate of MORA Australia and the Publisher and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
13. Governing Law and Jurisdiction
Terms and Conditions of Sale
1. About moraaustralia.com
(2) MORA Australia Pty Limited ACN 164 903 851 (trading as MORA Australia) of Shop 9,11 Station Street, Cottesloe WA 6011 (“us”, “our”, “we”, “MORA Australia”), carries on business from the website.
(3) The goods and services described in this website are available from MORA Australia both online and in-store at Shop 9,11 Station Street, Cottesloe WA 6011 (unless the goods or services are specified as “available online only” or “available in store only”), and will be available for you to make an offer to MORA Australia via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where MORA Australia accepts your offer, MORA Australia will sell the goods or services to you in accordance with the Term and Conditions of Sale and any Catalogue Terms.
(4) You and MORA Australia may enter into a sale contract for the sale and supply of products, by you making an offer to MORA Australia via the website, to purchase goods at the specified price, subject to these Terms.
(5) Any logos are registered trade marks of their respective owners and used under limited license by MORA Australia.
(6) In these terms:
- “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
- a reference to a “third party” in these terms includes a reference to any agent or contractor of MORA Australia, MORA Australia, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.
- a reference to the "websites" means moraaustralia.com.
- "Order" means an offer made by you in response to an invitation to treat made by MORA Australia via the website.
2. User Agreement
(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive e-mail notification of the amendments from us or our third party.
3. Guests and Registered Users
(1) You may access and/or use the website as a guest or as a member.
(2) To become a member of the website, you must provide your name and address, telephone number, a valid e-mail address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us via e-mail at our contact us page.
(3) You will receive an e-mail from us as soon as practicable after you create your membership account.
(4) We only permit one registration per e-mail address.
(5) You must not use another members’ account without permission.
(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the website and we will e-mail you a new password, or you may contact us via e-mail at our contact us page.
(8) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
4. Legal Capacity
(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(2) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
i. are over the age of eighteen (18) years;
ii. accept these terms;
iii. agree that you have entered into a legal contract with MORA Australia in relation to these terms; and
iv. these terms, together with your order, constitute the entire agreement between you and MORA Australia for the supply of products.
(3) MORA Australia reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage MORA Australia may suffer as a result of a transaction entered into by a minor.
(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection, picked a wrong size or colour or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(2) Representations of products for sale made by MORA Australia via the website do not constitute an offer to sell but an invitation to treat.
(3) You and MORA Australia may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
(i) placing an electronic Order for the products using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) the acceptance of that offer by MORA Australia.
(4) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
(i) any requirements set out in these terms have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database; and
(iv) MORA Australia receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(5) You acknowledge that:
the transmission of your offer or the confirmation of any payment, made
through an electronic instruction may not be received by MORA
for reasons beyond either parties' reasonable control including but not
limited to, electronic failure, mechanical, software, computer, or
telecommunications, or the omission or failure of third party website
providers or systems;
(ii) to the extent permitted by law, MORA Australia is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) MORA Australia may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) MORA Australia may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(6) You will receive an e-mail from MORA Australia as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us via e-mail at our contact us page.
(7) If your Order is not accepted by MORA Australia, MORA Australia will notify you by telephone or e-mail and arrange for a full refund of any payment made by you to be processed.
(8) MORA Australia may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
(9) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If MORA Australia cannot supply a particular product, MORA Australia will notify you by telephone or e-mail as soon as possible.
(10) MORA Australia will be deemed to have accepted your Order on the first to occur of issue to you by e-mail of a tax invoice for the sale and the fulfilment of your Order.
6. Gift Cards/Vouchers
(1) MORA Australia currently offers the option of purchasing gift vouchers which can be used to make purchases online and in-store to the value of the credit remaining on the gift voucher for a period of two years (24 months) from the date of initial gift voucher purchase. If the purchase price exceeds the voucher amount, the remaining balance is to be paid by other means such as cash or credit/debit card.
(1) Prices shown are in Australian dollars (AUD) and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of MORA Australia.
(3) Images of products shown without any advertised price beside that image are not offered for sale.
(4) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(5) We reserve the right to correct any errors published on the website.
(1) All payments must be made in full prior to delivery.
(2) Payments must be made via the PayPal secure payment gateway facility accessible via the website and will be subject to any terms and conditions of this provider. You do not require a PayPal account to use this facility as you can select the credit card payment option instead of logging into a PayPal account. Payments are processed securely on PayPal’s gateway.
9. Supply and Delivery
(1) Subject to you complying with these Terms and acceptance of your Order by MORA Australia, MORA Australia will sell and supply the products to you as shown on your Order confirmation.
(2) Products may not be available for immediate delivery. MORA Australia will endeavour to deliver your Order to you within ten (10) days of the date you placed your Order, except if the Order is for an item that has an out of stock or pre-order status.
(3) When you complete your Order you will be prompted to select whether you wish to collect your Order from a MORA Australia Store or to have the Order delivered to an address specified by you.
(4) Other than in respect of Orders for regional or remote areas, if MORA Australia gives you notice that it will be unable to deliver your Order which had an “In Stock” or “Available” status at the time of Order within 10 business days of receipt of your Order, you may cancel your Order without charge, and MORA Australia will arrange for a full refund of any payment made by you to be processed.
(5) Delivery times may be greater than 10 business days for regional or remote areas.
10. Delivery by Post or Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specified address.
(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(3) On acceptance of your Order by MORA Australia, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order.
(4) If you Order large or bulky items, MORA Australia will contact you by telephone or e-mail to arrange with you a suitable time for delivery.
(5) You will be required to be available in person to accept delivery of your Order.
(6) If you wish to change the delivery date or delivery address you must contact us via e-mail at our contact us page at least 48 hours prior to the dispatch of your Order.
(7) MORA Australia will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however MORA Australia does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(8) You must advise at the time you place your Order via the website or later when you discuss delivery with MORA Australia, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
(9) MORA Australia cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractors.
11. Orders for Collection at a MORA Australia Store
(1) The terms of this clause apply where you select to collect your Order from a MORA Australia Store.
(2) If you select to collect your goods from a MORA Australia Store, a representative of the relevant MORA Australia Store will contact you by telephone or e-mail to notify you when the Order is available for collection.
(3) Orders for collection at a MORA Australia Store must be collected within seven (7) days of the relevant MORA Australia Store giving you notice by telephone or by e-mail that your Order is available for collection. If your Order is not collected within this time, the relevant MORA Australia Store has the right to allocate those goods to another customer and reorder the goods for you.
(4) When picking up your items, you are required to supply a copy of your order, photo ID and credit card used to make the purchase. (If you pay via PayPal, your credit card is not required).
12. Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
13. PayPal and credit card fraud
(1) PayPal employs the latest in Secure Sockets Layer technology from VeriSign and all payments are processed through the PayPal secure payment gateway to secure our payment systems.
(2) To the extent permitted by law, each of MORA Australia and their related bodies corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
14. Disclaimer and Indemnity
(1) To the extent permitted by law, each of MORA Australia and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(g) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, MORA Australia and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, MORA Australia, and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
15. Order Enquiries
If you have any query about the progress of your Order please contact us via e-mail at our contact us page. Please have your Order number handy as shown on the e-mail confirmation.
16. Damaged or Faulty Products and Refund Policy
(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:
- (a) rights under the Refund Policy;
- (b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
- (c) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2) Please choose carefully as MORA Australia will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected. This especially applies for Manchester/bedding products where for reasons of hygiene, we cannot accept returns. Damaged or faulty products are replaced with the same style, colour and size.
(3) If your Order arrives damaged, please contact us immediately via e-mail at our contact us page.
17. Privacy and Personal Information
(2) The privacy of your personal information is important to MORA Australia and we take it very seriously.
(3) MORA Australia and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us via phone or e-mail. Personal information may include your name, residential and/or postal address, telephone number and e-mail address.
(4) Your personal information is not collected if you only browse this website.
(5) Online payments are handled by Paypal. MORA Australia does not store your credit card or banking details. Please check the paypal.com.au website for details of their privacy policies and security measures.
(6) Each of MORA Australia, their related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that MORA Australia and/or its third party may use your e-mail address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that MORA Australia thinks may be of interest to you. If you would prefer not to receive promotional or other material from MORA Australia or its third parties, please let us know and MORA Australia will respect your request. You also agree that MORA Australia may contact you by telephone to arrange delivery or collection of your Order.
(7) You may request MORA Australia to remove your personal information from its database by contacting us via e-mail at our contact us page.
18. Force Majeure
MORA Australia will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
19. Governing Law
(1) These terms will be governed by and interpreted in accordance with the laws of Western Australia, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Western Australia, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(2) If you access the website in a jurisdiction other than Western Australia, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. MORA Australia makes no representations that the content of the website complies with the laws of any country outside Australia.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and MORA Australia.
21. Transfer and Assignment
If MORA Australia merges, sells or otherwise change control of its business or this website to a third-party, MORA Australia reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that MORA Australia has collected from you and any agreements it has made with you.
The failure by MORA Australia to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by MORA Australia.
MORA Australia Terms and Conditions of Sale Version 1.24 July 2016