Terms & Conditions
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Moonee Ponds Antiques
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Welcome to Moonee Ponds Antiques. These Terms & Conditions apply to purchases made through our website and in-store. By purchasing from us, you agree to these terms. Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
1. Product Information
Every antique, vintage and collectable item we sell is unique. As our items are predominantly pre-owned, signs of age, patina, wear, previous repairs, minor imperfections and natural variations should be expected and form part of an item's character.
We make every reasonable effort to describe and photograph each item accurately and to disclose significant damage or notable repairs where known. Product photographs form part of the item's description. Measurements are approximate, and colours may vary depending on lighting, photography and individual screen settings.
Customers are encouraged to request additional photographs, videos, measurements or information before purchasing, particularly where a specific detail is important to their decision.
2. Pricing and Pricing Errors
All prices are stated in Australian dollars unless otherwise specified.
While we take reasonable care to ensure that prices and product information are accurate, genuine typographical, technical or pricing errors may occasionally occur. If an item has been incorrectly priced or described due to an obvious error, we reserve the right to correct the error and cancel the affected order before dispatch or collection.
If payment has already been received, we will notify you promptly and provide a full refund of the amount paid for the affected item.
3. Product Availability
As we specialise in one-of-a-kind antique, vintage and collectable items, most products are available in a quantity of one only. Although we make every effort to keep our website inventory current, an item may occasionally be sold in-store or through another sales channel before the website is updated.
If an ordered item is no longer available, we will notify you as soon as reasonably possible and provide a full refund of any payment received for that item.
4. Orders and Payment
All orders are subject to availability and acceptance by Moonee Ponds Antiques. An order is not final until the item has been confirmed as available and payment has been successfully received, unless another arrangement has been agreed in writing.
Ownership of goods transfers to the customer once full payment has been received. Risk in the goods transfers in accordance with the applicable collection or delivery arrangements set out below.
5. Shipping and Delivery
We deliver Australia-wide using our own delivery team where available and trusted independent transport providers for other locations. Delivery dates and timeframes are estimates only and may be affected by matters outside our reasonable control.
Where a one-person delivery service has been selected and a second person is required to unload an item safely, the customer must ensure that a capable adult is available at the delivery address to assist and follow the driver's reasonable instructions. If delivery cannot be completed because suitable assistance is unavailable, the goods may be returned to our premises and an additional delivery charge will apply. The original delivery charge will not be refunded.
If no one is available to receive the goods at the agreed delivery time and the goods must be returned to our premises, an additional delivery charge will apply before redelivery. The original delivery charge will not be refunded.
Customers may arrange their own carrier or collection service. Once goods have been collected by a carrier engaged directly by the customer, responsibility for the goods transfers to the customer, subject to any rights that cannot be excluded under the Australian Consumer Law.
For convenience, we may arrange delivery through a trusted third-party carrier on the customer's behalf. We will take reasonable care to prepare and protect the item for transport based on its nature and our experience. Customers should inspect goods as soon as reasonably practical after delivery and notify us promptly of any apparent transit damage. Although independent carriers are responsible for goods while in their custody, we will provide reasonable assistance with freight or insurance claims where possible.
6. Returns and Refunds
We generally do not accept returns or exchanges for change of mind due to the unique nature of antique, vintage, collectable and second-hand items.
This policy does not affect your rights under the Australian Consumer Law. If an item has a major failure, is materially different from its description or otherwise fails to meet a consumer guarantee that applies by law, please contact us promptly so that we can assess the matter and provide an appropriate remedy.
Reasonable signs of age, wear, patina, minor imperfections, disclosed repairs and characteristics that were visible in the photographs or described before purchase are not, by themselves, considered faults.
7. Storage
Where agreed, we may store fully paid items for a reasonable period. Any storage arrangement, including its duration, must be agreed with us in advance.
Extended storage may attract a reasonable storage fee unless an alternative arrangement has been confirmed in writing. Customers remain responsible for arranging collection or delivery within the agreed period.
8. Limitation of Liability
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
To the fullest extent permitted by law, our liability in connection with goods or services supplied by us is limited to the remedies available under the Australian Consumer Law, including repair, replacement, resupply or refund where appropriate.
Except where liability cannot lawfully be excluded, Moonee Ponds Antiques is not liable for indirect, incidental, special or consequential loss, including loss of income, loss of opportunity or inconvenience arising from the purchase, delivery, collection, storage or use of an item.
Customers acknowledge that reasonable signs of age, wear, repairs, patina and natural variation are inherent characteristics of genuine antique, vintage and second-hand items and are not necessarily defects.
9. Force Majeure
Moonee Ponds Antiques will not be liable for a delay or failure to perform an obligation where the delay or failure results from circumstances beyond our reasonable control.
Such circumstances may include, but are not limited to, natural disasters, severe weather, fire, flood, pandemic, transport disruption, industrial action, government restriction, power outage, supply interruption or other unforeseen events.
Where such circumstances arise, we will make reasonable efforts to minimise the disruption, keep affected customers informed and fulfil our obligations as soon as reasonably practicable.
10. Governing Law
These Terms & Conditions are governed by the laws of the State of Victoria, Australia. Subject to any applicable rights under Australian consumer law, the parties submit to the jurisdiction of the courts and tribunals of Victoria in relation to disputes arising from these Terms & Conditions or the use of our website.
11. Contact Us
If you have any questions about these Terms & Conditions, a product or an order, please contact Moonee Ponds Antiques. We are always happy to provide further information before you purchase.