The following terms and conditions are offered by Ergonomic Solutions Australia Pty. Ltd. ABN:75138865773
All terms and conditions are offered under Australian Consumer Law and do not void your statutory rights.
1. Scope / General provisions
1.1 The following General Terms and Conditions (GTC) apply to the contracts concluded between Ergonomic Solutions Australia Pty. Ltd. and the customer via the online shop.
1.2 Customers within the meaning of these GTC are consumers or companies purchasing from moll-shop.com.au.
1.2.1 A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
1.2.2 Companies within the meaning of these terms and conditions is any natural or legal person or legal partnership, with which is entered into a business relationship and in the exercise of a commercial or independent professional activity.
1.3 The law of the Australia applies.
1.3.1 For consumers who do not conclude the contract for professional or commercial purposes, the choice of law according to Number 1.3 of these GTC shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence, is withdrawn.
2. Conclusion of the contract / contract language / contract text storage
2.1 The products and services listed within the online shop do not constitute ESA binding offers; it is rather an invitation to the customer to make a binding offer by submitting an order.
2.2 By sending the order from the virtual “shopping cart”, the customer makes a binding order for the articles contained in it. ESA will confirm the receipt of this order immediately to the customer in text form by e-mail.
2.3 ESA is entitled to accept the contract offer of the customer within three working days after receipt of the order. The contract with the customer comes only with the explicit acceptance of the order by ESA.
2.4 The contract language is English.
2.5 The text of the contract is stored by ESA. The order data together with the terms of the contract including these GTC are sent to the customer separately in text form. The terms and conditions can also be accessed via the website in the online shop and downloaded in PDF.
3. Prices / terms of payment
3.1 All prices represent final prices – i. they include all price components including GST.
3.1.1 Unless otherwise agreed in individual cases, the purchase prices plus delivery and shipping costs apply; further details for the calculation of these can be accessed directly via the online shop.
3.2 ESA accepts the payment methods stated on the website and offered to the customer for selection. The customer selects the preferred method of payment from among the available payment methods himself.
3.2.1 In the case of a payment by bank transfer, the customer agrees to pay the purchase price plus applicable delivery and shipping cost, at least 5 days prior to the delivery. The account information will be communicated together with the request for payment.
3.3 The customer can exercise a right of retention only if his counterclaim is based on the same contractual relationship.
3.4 ESA retains the right to refund in full, if items are incorrectly priced or if we are unable to get stock within a reasonable timeframe.
4. Delivery and Shipping
Shipping is Calculated based on the number or packages and overall volume and weight. We endeavour to provide a flat rate regardless of geographical location in Australia mainland where possible. Pick up from the ESA warehouse (Sydney) is possible for many items, free of charge and needs to be pre-arranged in all circumstances.
Goods in Stock are dispatched within 5 working days and shipping can take an additional 3-7 working days depending on location. If an item is out of stock, or if it a special order item, lead times of up to approx. 13 weeks will apply. We will notify you by email if this is the case, within 3 working days of your order, with an ETA for delivery.
4.1 Unless otherwise agreed with the customer, delivery of the goods shall be made by courier to the delivery address provided by the customer. ESA uses a variety of courier companies to deliver the most economical delivery options.
4.1.1 The delivery of the items purchased by the customer takes place in the case of a payment by bank transfer or eWay within seven working days after receipt of payment, unless in connection with the article offer a longer delivery time is explicitly indicated. Longer delivery may occur in case items purchased are not in stock or are available via special order.
4.2.1 The risk of accidental loss and accidental deterioration of the sold item is transferred to deliveries to entrepreneurs with the transfer to them or a person entitled to receive, in the case of dispatch sale already with the delivery of the goods to a suitable transport person.
4.2.2 For deliveries to consumers, the risk of accidental loss and accidental deterioration of the goods sold always passes to the consumer upon transfer of the goods to the consumer.
4.2.3 With regard to the assumption of risk, it is the same for the transfer if the customer is in default of acceptance.
4.2.4 Any damage noticed upon delivery needs to be immediately notified in writing to ESA. Any claims for damaged goods upon delivery must be notified within 7 days and all claims are void unless notification is made within 7 days.
Ergonomic Solutions Australia Pty Limited (ESA) recognises the importance of protecting the privacy of our customers and other third parties who provide their personal information to us.
Personal information we collect
When used in this policy, “personal information” has the meaning given to that term in the Privacy Act 1988 (Cth) for our Australian operations. Personal information generally includes any information that can be used to personally identify you.
The personal information we collect from you is what is reasonably necessary for our business functions. We may collect the following types of personal information from you:
· residential or business address;
· email address;
· post code;
· age and date of birth;
· telephone number;
· proof of identity, such as your drivers licence or passport number;
· a photograph or video surveillance recording of you if you are physically present in our stores;
We may also collect information from you that is not personal information because it does not identify you personally. This information is normally retained with your personal information and may include:
· your shopping preferences and a list of products and services you have purchased from ESA. This may include your shopping history, product types, departments, specifications, sizes, dimensions, colours, occasion date, or other attributes of products and services we have provided to you or may provide to you in the future;
· information we require to deliver, service or fulfil warranty obligations for products or services;
· your marketing preferences, including the type of marketing materials you wish to receive and the method of delivery (email, SMS, direct mail, or other);
· if you are a member of our or a third party loyalty program, your membership number, transaction history, account preferences, and reward redemption history for loyalty program rewards or services;
· information you provide to us via our customer service centre, website, application forms, or directly to team members within our stores in relation to our products and services;
· device identification information when you use a computer, mobile phone, smart phone, tablet, or other device to access our WIFI service or interact with us through our online stores (www.moll-shop.com.au or www.ergostre.com.au). This information may include session cookies, your device IMEI number, IP address or MAC address; and
· information collected via our secure payment processing systems.
Purpose of collection of your personal information
We collect your personal information for the primary purpose of being able to sell and promote our products to you. In addition, we collect your personal information so that we can carry out the following actions:
· to provide you with products and services that you have requested from us;
· to communicate with you, including about products and services, competition results, special offers, and events which might interest you;
· to answer your questions and provide you with information or advice;
· to interact with you via social media and digital marketing;
· to create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts;
· if you are a loyalty program member, to service your loyalty account, fulfil redemptions, and to provide rewards and special offers to you in accordance with the terms of our loyalty program;
· provide your personal information to third parties that assist us in providing products and services you have requested, such as delivery service providers and fulfilment managers;
· carry out administration, marketing, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the way ESA and its related bodies corporate and service providers provide products and services to you;
· to consider and respond to complaints made by you;
· to comply with laws or regulations or to comply with any directions given by regulators or authorities
If we are unable to collect your personal information
If we are unable to collect your personal information, some or all of the following may occur:
· we may be unable to provide products or services to you, to the requested standard or at all;
· we may be unable to communicate with you to provide information about products and services that you have purchased from us, or may intend to purchase in the future;
· we may be unable to tailor the content of our marketing communications to suit your preferences;
· your experience when interacting with us may be delayed or not as efficient as you may expect;
Pseudonyms and anonymity
We will endeavour to only take information from you which is reasonably necessary for our business functions. If you send us personal information that we have not requested, or we determine that the personal information you have provided to us is not reasonably necessary or directly related to any of our business functions or activities, we may de-identify or delete this information without notifying you to protect your privacy.
How we collect your personal information
Normally we collect information from you directly, unless it is unreasonable or impracticable to do so.
Collection of your personal information can occur through the following interactions:
· when you register with us by creating an account, or subscribe to our marketing programs;
· when you access and use our website or WiFi services, or interact with us via social media or digital media;
· when you provide information to our team members;
· when you complete purchase orders, registrations, requests or applications for our products or services (by phone, in person or electronically);
· when you communicate with us directly (by email, telephone, direct mail or any other means);
· when you interact with us during promotions, competitions, special events, or by using devices within our stores; or
We may also collect personal information about you from the following third parties:
· retail brands and suppliers who provide goods and services within our stores. This includes any suppliers who provide products and services to you on our behalf;
How we hold your personal information
We may hold your personal information in either electronic or hard copy form. If you provide information to us electronically we retain this information in our computer systems and databases. This includes computer software programs, internet servers, and hosted internet solutions provided by third parties. If you provide information to us in hard copy (paper) this information is normally retained in our files and a copy is made to our electronic files.
We use industry standard security measures to safeguard and protect your information. This includes taking reasonable steps to ensure your personal information is protected from misuse, loss, unauthorised access, modification or disclosure.
Disclosure of your personal information
Your personal information may be disclosed in connection with any Purpose to any of the following:
· our employees, contractors or service providers, to the extent reasonably necessary to fulfil our obligations to you. This may include internet service providers, IT systems administrators, mailing houses, couriers, payment processors, and data entry service providers;
· retail brands and suppliers who provide goods and services within our stores. This may include any suppliers who provide products and services to you on our behalf;
· our business advisors, including lawyers, accountants or other professional service providers, to the extent reasonably required;
· our and third party loyalty program partners, suppliers and service providers;
· suppliers and other third parties with whom we have commercial relationships, for business, marketing and related purposes;
· any of our related Australian;
· if required by law, to any person authorised by such law. This may include the police service, ambulance service, or government departments or regulators within Australia in connection with law enforcement activities; and
· for any other purpose permitted by law.
We may send you direct marketing communications and information about products and services offered by us or our retail brands, partners or suppliers via the channels you have nominated. This may include, but is not limited to, email, SMS, regular mail, social media and other digital channels. If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so. You may opt out of receiving marketing communications at any time by responding via the channel in which you received the marketing communication, or by contacting us (see contact information below). You can unsubscribe from emails by clicking the unsubscribe link on the footer of the email communication you have received. You may also update your personal information by editing your online profile. You may also receive marketing communications by post, email, SMS , direct and digital channels from us, partners and suppliers who provide goods and services within our stores, but this will only occur where you have requested that type of information from us or from a third party within our stores. We do not provide your personal information to any other organisations for the purposes of direct marketing.
Information given by you to other parties
So that we can provide a wide range of products and services to you, third parties offering products and services may be operating in our stores from time to time. If you provide personal information to a third party other than ESA, please contact that third party directly in relation to the handling of your personal information.
How you may access your information
You may also access your personal information held by ESA by making a request to us.
Ergonomic Solutions Australia Pty Ltd
PO Box 6431
North Ryde NSW 2113
Normally we will provide a record of your personal information to you via your preferred contact method (phone, email or mail), and we may charge a fee.
If your request is unlawful or may interfere with the privacy of others we may reasonably refuse to provide access to your personal information.
Correction of your personal information
If you would like us to update or amend your personal information, please contact us and we will make the requested amendments.
We may ask you to verify your identity to ensure that personal information we hold is not improperly accessed.
If you feel your privacy has been breached, please contact us using the contact information above setting out the circumstances and reasons for your complaint.
Our team members will acknowledge receipt of your complaint within 3 business days, and will normally respond to your request within 5 business days. If your complaint is complicated or requires further investigation our response may take additional time to finalise.
We will respond to you by your preferred contact method if you have indicated one.
Overseas disclosure of personal information
We may disclose your personal information to third parties and service providers located overseas in connection with a Purpose.
We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
Ergonomic Solutions Australia Pty Ltd
6/385 Pacific Highway, Crows Nest, NSW, 2065