1. Introduction

1.1 These Terms and Conditions constitute a legally binding contract between the customer (‘you’)

Moissanite Pty Ltd trading as Moi Moi Jewellery (ABN 95 088 977 164) (‘Moi Moi’) and apply to the ordering purchase, fulfilment and delivery of goods (‘Goods’) from www.moimoi.com.au.

By placing an order for Goods from Moi Moi you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order.

2. Legal Rights

2.1 Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for purpose, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

3. Prices and Taxes

3.1 Prices for Goods are displayed in store on jewellery tags, and on the website.

(a) Moi Moi reserve the right to change the prices of Goods at any time without notice to you.

(b) Additional to paying for Goods, you may be required to pay a shipping or delivery charge (‘Delivery Charge’) which is outlined on our Shipping

(c) International orders will be required to pay for any customs processes, taxes and import duties which are outlined on our Shipping

(d) You may also need to pay additional delivery charges not shown in your shopping cart, but which we incur because you live in an area where light aircraft or barge transport is required, or to which Australia Post does not provided a door-to-door service (‘Additional Delivery Charge’). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown or given as “free delivery” or similar. If you live in the area where Additional Delivery Charge will apply, we will contact you as soon as possible to provide a quote for the Additional Delivery Charge. If you do not agree to pay the extra charges, your order will be cancelled.

(e) All prices of Goods, Delivery Charges and Additional Delivery Charges are quoted in Australian dollars and inclusive of GST, unless otherwise stated.

4. Your Account

4.1 You will need to create an Account before placing an Order on the website.

You acknowledge that:

(a) All information you enter on your Account is true, complete and accurate.

(b) Moi Moi will not be liable for any loss, damage, cost or expense suffered as a direct or indirect result of your Account information being incorrect.

5. Orders

5.1 Placing an Order

Once you are ready to make a purchase by adding items to Cart, click on the Cart to Checkout and complete your order.

You acknowledge and agree that:

(a) An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charges. Moi Moi may accept or reject your offer in its absolute discretion;

(b) You checked your Order carefully, as an Order may not be able to be cancelled once the Order has been accepted by Moi Moi;

(c) Your order, if accepted by Moi Moi, will be a separate and binding agreement between you and Moi Moi with respect to the supply of the Goods, in accordance with these Terms and Conditions of Website Use and Terms of Sale;

(d) All the information you have entered is complete, true and accurate.

5.2 Offer and Acceptance of an Order

When you submit an Order you will receive an automatic email to acknowledge we have received your Order. Please note that this does not mean your Order has been accepted, even if Payment has been made. Your Order constitutes an offer by you to buy the Goods at the price set out in the Order.

(a) All Orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept your Order. You do, however, acknowledge that by completing the check-out process, that you enter into an obligation to pay for the Goods in the event your Order is accepted by us.

(b) After sending the acknowledgement email, we will check to make sure we are able to fulfil your Order. In certain circumstances, Moi Moi will contact you to discuss the Order and advise delivery times or any Additional Delivery Charges. After this we will send an Order Confirmation email.

(c) Your Order is deemed accepted by us when we send you the Order Confirmation email. Our acceptance is a binding agreement between you and Moi Moi with respect to the supply of the Goods, in accordance with these Terms and Conditions.

(d) You agree to check the Order Confirmation email for accuracy and let us know immediately if there are any errors.

(e) In certain circumstances, Moi Moi may cancel your Order before or after Payment as set out in these Terms of Conditions. These circumstances include, but not limited to the following:

(i) If a product is out of stock or discontinued;

(ii) If the price or product description was incorrect (in accordance with Clause 8 “Information and Prices” of the Website Terms of Use);

(iii) If a website or technical error causes the price to change during check out process;

(iv) If your Order is suspected fraud in accordance with Clause 5.3 of these Terms and Conditions.

In these circumstances, Moi Moi will contact you as soon as possible with possible options on how to proceed.

In the event that Moi Moi cancels your Order having already processed payment, we will refund the payment.

Moi Moi reserves the right to correct any and all errors when they do occur and apologises for any inconvenience that this may cause.

5.3 Payment of an Order

Payments of an Order are accepted by credit cards (please contact us for our listed of accepted credit cards), Moi Moi Gift Card, or bank transfer.

(a) Moi Moi may not be able to, or may decline to, accept payment from you for any reason including, but not limited to,

(i) If the name on the credit card/gift card/account does not match the name on the Order, or the Order and Payment are suspect;

(ii) Where our fraud detection systems detect possible irregularities;

(iii) Because your financial institution has declined payment or flagged a suspected breach; or

(iv) Because your credit card has expired.

In these case, Moi Moi may refuse to accept your Order or keep your Order on hold, and ask you to provide additional information (such as proof of identity documents).
Should we not hear back from you, or don’t accept your proof of identity due to suspected fraud, Moi Moi reserves the right to cancel your Order.

5.4 Cancellation or Delay of Orders

Sometimes delays can occur with the Delivery of Orders. Moi Moi offers approximate and accurate guidelines as to the delivery times but are unable to guarantee a delivery date.

Moi Moi reserves the right to cancel, at any time before delivery and for whatever reason, an Order that has been previously accepted. Moi Moi may do this for possible reasons such as those listed in Clauses 5.2 or 5.3, or for the reasons including but not limited to those listed below. These are also reasons as to why Delay of Orders can occur:

(a) Goods were subject to an error on the Website, in relation to technical errors, description, price or image errors, which was not discovered prior to the Order being accepted;

(b) Moi Moi’s suppliers are unable to supply Goods that they have previously promised to supply;

(c) An event beyond Moi Moi’s control, such as storm, fire, flood, earthquake, terrorism, power failure, failure of computer systems, etc means that Moi Moi is unable to supply the Goods within a reasonable time;

You may ask Moi Moi to cancel your Order only:

(a) if Moi Moi has breached a material term of this Agreement;

(b) prior to acceptance by Moi Moi (by way of the Order Confirmation email);

Where Moi Moi cancels your Order before or after acceptance, we will send you an email (written or automatically sent), notifying you of the cancellation.

In the event of an Order cancellation, where Payment has been processed, Moi Moi will refund any money paid in respect of that Order.

A Delay of an Order is unlikely to be cancelled by Moi Moi. If an acceptance by Moi Moi of an order has taken place, you will not be able to cancel the order on the grounds the order has been delayed.

Moi Moi is not liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of a cancellation or a delay of your Order.

6. Availability and Delivery of Goods

6.1 Availability

Many of Moi Moi’s jewellery items are made to order. Jewellery can take anywhere from 1-10 weeks depending on the item. Moi Moi endeavours to deliver goods in a timely manner, but sometimes delays can occur. We cannot guarantee availability of stock items at all times, nor delivery times of any products, including custom made orders.

For the most accurate information and timing on a piece of jewellery, please contact the store directly.

You acknowledge and agree that:

(a) Stock delivery times may vary from product to product;

(b) Any delivery times advised are given as a guidance only, and some further delays may occur;

(d) Moi Moi will not be liable to you or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store.

6.2 Delivery

(a) Risk and title in Goods pass to you on the date and time of delivery of the Goods to the delivery address provided in your Order. Please note, this does not include requiring a signature from you.

(b) Following dispatch of your Goods, Moi Moi will email you a confirmation of dispatch with a tracking number.

(c) On delivery you may be required to sign a proof of delivery document. If you are not available, your parcel may be taken to your nearest Post Office for collection.

(d) If your parcel is returned to us due to incorrect address supplied by you or you are not available or have collected your package from the Post Office within a reasonable timeframe, we will attempt to re-deliver to you at a later date and may charge you a reasonable fee for doing this. We will contact you first before doing this.

6.3 Pick up of Goods in store

You may elect to pick up your Goods at a Moi Moi Fine Jewellery store if you wish. You will need to choose this option at check-out. There will be no Delivery Charge if this option is chosen.

You acknowledge and agree that:

(a) Only the relevant Account holder who ordered the goods may pick up the Goods in-store, unless otherwise agreed between you and Moi Moi. Moi Moi may request you to provide photo identification upon pick up to verify you are the purchaser. If requested, you must allow Moi Moi to take a copy of this identification for fraud prevention purposes. The copy will not be used for any other purpose.

(b) You may pick up the Goods once the Order has been accepted by us and notification has been sent to you advising the Goods are ready for collection.

(c) Moi Moi have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above.

7. Refunds of your Money

7.1 Where Moi Moi is obliged to refund your payment pursuant to these Terms and Conditions, you acknowledge and agree that:

(a) Moi Moi will endeavour to process your refund within 2 business days during business hours;

(b) Moi Moi may process the refund in part payments of $4000 according with the merchant banks processes;

(c) The additional time that it takes for you to actually receive your refund will depend on how quickly your financial institution processes the refund.

8. Return of Goods

8.1 You should check your Goods as soon as they are delivered in order to ensure they have not been damaged in transit. If this is the case, please contact Moi Moi immediately.

8.2 If there is a problem with the Goods, please refer to our Returns Policy which forms part of these Terms and Conditions.

8.3 To return goods to us, simply follow the instructions below:

(a) Please contact us first to advise us of your intention;

(b) Wrap the jewellery securely in its original packing or in a protective shipping container with bubble wrap or a padded envelope;

(d) Postage and insurance are your responsibility and at your expense. For your protection, please ship your item insured, with tracking number and proof of delivery, such as a signature by us on receipt;

Send the item to the following address:

Moi Moi (For security reasons, do not write the word fine jewellery on the envelope)
Level 2 Shop 8
455 George Street
Queen Victoria Building
Sydney NSW 2000
Ph: 02 88 599 599

We will contact you once we have received the package.

8.4 You acknowledge that Moi Moi is not responsible for items lost or damaged while shipping.

9. Gift Cards

9.1 Moi Moi Gift Cards may be purchased. The gift card is valid for 3 years from purchase. The gift card is partially redeemable. Within the validity period, any available balance can be used for multiple purchases. However, any unused balance will not be refunded or credited upon expiry.

You can select any number of gifts up to the value of the card, or above the value – in which case you need to make up the difference with an alternate form of payment. The store will then validate the gift card and process your purchase.

Terms and Conditions of Use for Moi Moi Gift Cards:

9.2 You may be required to provide photo identification that is acceptable to Moi Moi to verify gift card transaction details.

9.3 Treat this card like cash.

9.4 Defaced, mutilated, altered, lost or stolen cards will not be replaced, refunded or redeemed.

9.5 This card:

(a) is not redeemable for cash and cannot be used for payment of credit or retailer accounts;

(b) must be redeemed before expiry date shown on card;

(d) cannot be reloaded;

(e) is partially redeemable;

(f) cannot be used for online purchases (over email correspondence may be accepted)

9.6 It is up to you to use the full value before expiry date.

9.7 Cash will not be given for any unused balance.

9.8 Unused balance on expiry of this card will not be refunded or credited.

9.9 If purchase exceeds available card balance, you must make up the difference with another payment method.

9.10 You are liable for all transactions on your card except to the extent to which there has been fraud or negligence by us or any of our employees.

9.11 Check available balance by calling 02 88 599 599 or emailing info@moimoi.com.au.

9.12 We reserve the right to change any terms contained in these Terms of Use at any time.

9.13 Changes to Terms of Use will be available on the Moi Moi website.

9.14 All gift cards or vouchers purchased online cannot be redeemed for 48 hours after time of purchase to allow for payment processing and card delivery.

10. Diamond Certificates

10.1 Lavana Diamonds above 0.50carats are accompanied by a diamond certificate. When you return the diamond without the certificate or if the certificate is slightly damaged, you will be charged AUD$180 to cover a replacement.

11. Privacy

11.1 Moi Moi’s policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.

12. General

12.1 Your use of the website is governed by the Website Terms of Use.

12.2 Moi Moi reserves the right to amend these Terms and Conditions at any time, with no notice to you. Any amendment will take effect from the time that it appears on the Website.

12.3 These Terms and Conditions are governed by the law of New South Wales, Australia.

May 2022