Terms of service

Blue Mojo Trading Pty Ltd – Terms of Service

1. OVERVIEW

This website is operated by BlueMojo Trading Pty Ltd ACN 660 605 998. Throughout the website and these terms of service, the terms “we”, “us” and “our” refer to BlueMojo Trading Pty Ltd. All information, tools and Services available from this website are governed by the terms and conditions contained in this document including any policies referenced in this document (collectively, the “Terms”). 

The Terms contain the terms and conditions on which we agree to supply the Service and products to you. These Terms apply to all users of the website, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website or purchasing something through us as by doing so you are deemed to accept these Terms which contain provisions that might affect your interests, such as by limiting or excluding our liability in some circumstances.

Any new features or tools which are added to the current store from time-to-time are governed by the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page for updates or changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The website and its content are subject to copyright, trademarks, and other intellectual property rights. These rights are owned by or licensed to us. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the website, including photographs, except as permitted by statute or with our prior written consent.

Our store is hosted on Shopify Inc.

  1. ONLINE STORE TERMS

By accessing or using any part of our website and/or purchasing something through us, you represent that you are an adult and (if applicable) you have given us your consent to allow any of your minor dependents to use this website.  You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws. A breach or violation of any of the Terms by you will result in an immediate termination of the Service.

  1. GENERAL CONDITIONS

We reserve the right to refuse to provide the Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without written permission by us.  The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Except as required by law, we are not held responsible for any inaccuracies or errors in information made available on this website, including information which is not complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this website is at your own risk.  This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

  1. MODIFICATIONS TO THE SERVICE AND PRICES

Prices of products, delivery and other charges shown are in Australian dollars and are subject to change without notice. We reserve the right at any time and for any reason to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  1. PRODUCTS OR SERVICES

Products and services purchased through the website are subject to return or exchange only according to our Refund Policy:

You agree that some products may differ in appearance from the way they appear on this website. We reserve the right to, at our discretion, limit the sales of products or the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.  You understand that except as expressly provided otherwise, we do not manufacture, store, or inspect any of the products sold through the website, and cannot and do not make any warranties about their quality, safety, authenticity, or their legality. Except as required by law, we make no warranty or representation regarding the quality or standard of any products or services purchased or obtained through our website, and any legal claim related to a product you purchase through us should be brought directly against the manufacturer of the product.  Further, we do not warrant that the quality or standard of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that we consider have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  1. THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools. Any use by you of the third-party tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party providers. We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall be subject to these Terms.

  1. THIRD-PARTY LINKS

Certain content, products and services available via our website may include materials from third-parties and our Service may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Instagram, Twitter and Pinterest).

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing, verifying or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, and do not provide any warranty or assume any responsibility regarding the quality, accuracy, source, merchantability, or fitness for purpose, or any other aspect of the materials, products, or services of third-parties. Use and access of such third-party links is made at your own risk.

We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We may, but are not required to, monitor, edit or remove content that is or that we consider may be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You agree that your comments will not contain unlawful, abusive or offensive material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone else, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  1. PERSONAL INFORMATION

By accessing and using the website, you agree to the collection, transfer, storage and use of your personal information by us as described in our Privacy Policy, which can be viewed here:  You agree to receive marketing communications from us unless you let us know otherwise. 

  1. ERRORS, INACCURACIES AND OMISSIONS

We are not the manufacturer of the products sold on the website. Information about products on the website is based on materials provided by suppliers and/or product manufacturers. Except as required by law, we are not responsible for inaccuracies or errors in information supplied to us by third parties. You agree to make your own enquiries to verify information provided and to independently assess the suitability of products before you purchase them.

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  1. PROHIBITED USES

In addition to other prohibitions as set out in the Terms, you are prohibited from using the Service, website or its content: (a) for any unlawful or unauthorised purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

  1. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

We do not make any guarantee, representation or warranty of any kind in respect of the Service including without limitation any guarantee, representation or warranty that: (a) the use of our Service will be uninterrupted, timely, secure or error-free; or (b) the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time-to-time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranty or guarantee of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Except as required by law, in no event shall BlueMojo Trading Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable to you or anyone else for:

  • any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, reputational damage, loss of business reputation, loss of opportunities, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service; or
  • any other claim related in any way to your use of the Service or any product, including, but not limited to:
    1. any errors or omissions in any content;
    2. any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility;
  • any loss arising from the unavailability of a product made available via the Service.

Nothing in these Terms is taken to exclude, restrict or modify: (i) any rights of recovery or to compensation you may have against us under the Australian Consumer Law; or (ii) any other condition, warranty, or guarantee (including the application of any Consumer Guarantee under the Australian Consumer Law), to the extent that we are prohibited by law from excluding, restricting or modifying them.  Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

All other warranties, guarantees, representations and conditions in relation to any matter whether they be express or implied by law are to the maximum extent permitted by law, excluded. 

  1. INDEMNIFICATION

You will at all times indemnify, keep indemnified, defend and hold harmless BlueMojo Trading Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all claims, actions, demands, losses, liabilities, costs and expenses (including legal fees on a full indemnity basis) incurred or suffered by you or by us arising from or in connection with  your use of the website or any products obtained through your use of the website or Service, your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  1. PLACING ORDERS

By placing an order with us, you make an offer to us for you to buy the product(s) in your order. Once an order has been placed, it cannot be cancelled and the product must instead be returned to us in accordance with the returns policy.  We will send the order to the supplier for confirmation, at which time they or we may accept or reject your order. Where we or a supplier rejects your order, we will refund you for the order and associated shipping charges. Your order may be rejected in circumstances where your order is unavailable or cannot otherwise be shipped, if there has been an error in the price or product description on the website, or where we suspect your order is fraudulent or may be for purposes of on-sale. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

You must pay for your order in full at the time of making the order by one of the payment methods we accept on the website. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase.  By making an order, you expressly authorise us to perform credit and security checks and, where we feel necessary, to transmit or to obtain information about you to or from third parties from time-to-time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

When you place an order to purchase the product(s) from us, we or a supplier may send you a message confirming receipt of your order and containing the details of your order. Such confirmation is acknowledgement that your order has been received, but does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer and create a contract of sale for a product ordered by you, when we or a supplier dispatch the product(s) to you and send you a shipping confirmation for the product.  You may receive more than one shipping confirmation where your order is dispatched in more than one package. 

  1. PROMOTIONS AND GIFT CARDS

We may, from time-to-time, release promotional codes or vouchers that may be used on the website.  Promotional codes and vouchers are valid only for the specified period stated on them and can be redeemed only in accordance with any terms stated on them.  Certain products may be excluded from promotions and/or vouchers, and they do not apply to shipping costs.

Gift cards and store credits can only be redeemed on the website in accordance with the terms stated on them and cannot be transferred. The value of a gift card or store credit does not accrue interest and cannot be redeemed or refunded for cash. A store credit is valid for [12] months and gift cards are valid for [36] months.   Any balance that remains after the applicable time will be voided and not be available for use.

  1. DEFECTIVE GOODS

We are not the manufacturer of the products sold on the website. Products that you purchase from our website may contain or be accompanied by warranty documents. Such warranty documents are not given by us, and rights you may have in relation to those warranties are separate to any warranty rights given to you by us. Some warranty documents provided by manufacturers of imported products may not apply in Australia. In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the products in Australia and, if so, how you should go about making a claim under such a warranty. If you cannot determine the manufacturer, please contact us at info@bluemojo.com.au and we can assist.

  1. SHIPPING AND DELIVERY

Unless otherwise stated on our website, delivery dates provided are estimates only, are not guaranteed and should not be relied upon. Please allow up to 30 days delivery (for standard and express post). We reserve the right to change, modify or discontinue any delivery options at our absolute discretion. Where we provide a guaranteed delivery date and a delivery attempt is not made for the relevant order by that date, we will refund any delivery fees paid by you for that order but will not otherwise be liable to you for late delivery.

Our delivery partners may contact you prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point.  Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point. By placing an order, you provide authority to leave items at the address specified in your order.  All risk in the product passes to you upon delivery after which time we will not be liable for loss or destruction of the product.  If delivery is delayed, risk shall pass at the date when delivery would have occurred.  If the delivery driver determines the delivery address is not secure in their discretion, your order will be redirected to a collection point, redelivered (where available) or returned to the supplier.  If delivery or collection is refused or if you do not accept delivery or collect the product within 2 weeks of the first attempt to deliver, we may charge you for reasonable storage fees and other costs reasonably incurred by us; and/or notify you that we are cancelling you order, in which case we will refund you in accordance with our returns policy, less our reasonable expenses and administrative charges including fees for attempting to deliver and then returning the product, and any storage fees.

Please note that it might not be possible for us to deliver to some locations.  If we are unable to deliver to your location, we will inform you and cancel your order in which case we will refund your payment.

Please take care when opening packaging (particularly when using any sharp instruments) to avoid damaging the product(s).

  1. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against us.

  1. GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Western Australia and the Commonwealth of Australia. Subject to these Terms, the website may be accessed throughout Australia and internationally however we make no representations or warranties that the content of the website or the Services or products made available on the website, complies with the laws of any jurisdictions outside of Australia. If you access or use the website or Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

You irrevocably submit to the exclusive jurisdiction of the courts of the State of Western Australia.

  1. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion and at any time, to update, amend or replace any part of these Terms. Amendments will be effective upon us posting of such updated Terms at this location. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes your consent to be bound by the Terms, as amended.

  1. CONTACT INFORMATION

Questions about the Terms should be sent to us at info@bluemojo.com.au.
Our contact information is posted below:
BlueMojo Trading Pty Ltd
info@bluemojo.com.au

Blue Mojo Trading Pty Ltd – Refund Policy

Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.

Change of mind
We have a 14-day return policy , which means you have 14 days after receiving your item to request a return. 

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags in place as originally attached, and in its original packaging (for example, where items come in sealed packages, the seal must remain unbroken). You’ll also need the receipt or proof of purchase.  To start a return, you can contact us at info@bluemojo.com.au. 

If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. We will not refund any delivery fees that you have paid at purchase to have the product shipped to you, or the cost of any packaging or delivery fees that you have paid to send the items back to us.

Nothing in this clause is intended to exclude any of your rights as a consumer under the Australian Consumer Law.

You can always contact us for any return questions at info@bluemojo.com.au.

Damages and issues
Please inspect your order upon receipt and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate and if required rectify the issue. If the product is confirmed to have a defect, we will either (and at our election) replace or repair the product (if repair is reasonably possible) or refund the price of the product to your original payment method.  If the product is confirmed to have a major defect, you may elect whether you want us to replace or repair (if repair is reasonably possible) the product or refund the price of the product to your original payment method.

Exceptions / non-returnable items
Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), and personal care products (such as jewellery, watches, swimwear, hair accessories, earphones and beauty/grooming products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item.

Unfortunately, we do not accept returns on sale items, discounted items (including where discounted by application of a promotion) or gift cards.

Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded to your original payment method within 15 days. Please remember it can take some time for your bank or credit card company to process and post the refund.
If more than 30 days have passed since we’ve approved your return, please contact us at info@bluemojo.com.au.