Please agree with the following before proceeding to checkout.
1. I am happy with my choice, as I realise I cannot receive a refund or exchange on my custom-made item/s
2. I have read the instructions
3. I have measured my foot size
4. I have read the Perfect Fit and am happy with my size choice.
Terms & Conditions
These terms are a contract between the customer (you) and What’s Your MO (us), applying to the ordering, purchase and delivery of Items from What’s Your Mo. In these terms and conditions, (we us and our) refers to What’s Your Mo.
Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions. If you have any questions, please contact us at firstname.lastname@example.org, we will be happy to assist you.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We will bill your method of payment in Australian dollars and your card company will convert the charges for you. We use a secure gateway for payments which is enabled by NAB. Where delivery fees apply, they are charged in addition. Customers located outside of Australia should check the Delivery Choices section for further information about possible customs, import and similar duties and charges that may apply to their order.
- We endeavour to ensure that our price list is current. Our product and shipping price list can be accessed from our Design Workshop page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- Our services are custom-made products. Please ensure that you read all our instructions on the How it Works page about sizing, engraving and building a product as you will not be able to refund or exchange the item. It is also imperative that you triple check your final product as once we have made your order to your design, we are unable to refund or exchange.
5. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
6. From time to time, some Items on the Site may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will contact you and either exchange or refund your order.
7. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product
8. Any accessory featured with an Item is for illustrative purposes only, and may be sold separately
9. Where we provide dimensions and measurements in the description of an Item, the dimensions may vary slightly in real life. It is important to enter your foot size as explained in the Perfect Fit instructions, as there may be a manufacturing variance of +/- 5mm in the rubber soles. It is your responsibility to ensure that the actual size of each Item is suitable for your purpose prior to submitting your Order. We are unable to refund or exchange if the wrong size has been ordered.
10. All our sole colours are solid colours, with the exception of white, silver and gold. The white is printed so you get a better and brighter true white colour. The gold and silver printed pairs are designed to wear to give the illusion of a weathered sand washed beach look. We are unable to refund or exchange colours once produced.
12. You will be bound by these terms when you submit an Order via the Site. Each Order you place is a separate contract between you and What’s Your MO. An Order submitted by you is an offer by you to purchase Items for the Price (plus any Delivery Fee).We endeavour to ensure that our product list is current, however we give no undertaking as to the availability of any product advertised on our website.
13. All prices are in Australian Dollars (AUD) and are inclusive of GST. We will bill your method of payment in Australian dollars and your card company will convert the charges for you. We use a secure gateway for payments which is enabled by NAB. Where delivery fees apply, they are charged in addition. Customers located outside of Australia should check the Delivery Choices section for further information about possible customs, import and similar duties and charges that may apply to their order.
14. We endeavour to ensure that our price list is current. Our product and shipping price list can be accessed from our Design Workshop page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
15. Packaging and postage is an additional charge, calculated at time of purchase. You are responsible for any return shipping costs.
16. When you order from us, we require you agree to provide complete and accurate personal details (or those of the recipient of gifts) to enable the processing and delivery of your Order. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware. This information will also be used by the Agent to deliver your Order. You also agree to obtain consent to provide What’s Your MO with personal details of recipients of gifts Ordered by you.
17. We will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Items to you (or your nominated recipient) as a result of inaccurate or incomplete personal details provided in an Order by you.
18. We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
19. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending. Once you submit your Order, cancellations of your Order or changes to the Items in your Order cannot be made, unless by agreement with What’s Your MO. Please see our Returns Policy. You should check your order carefully before submitting it as custom made items and sale items are non refundable.
20. You can pay for your Items by any of the methods specified on the Order form on the Site. The name on the credit card used for the payment must match the name on the Order.
21. Any payment for an Order must be cleared by What’s Your MO before Items are custom-made and dispatched. If your payment cannot be processed, your order will be rejected. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method.
22. Delivery of your ordered products will be via Australia Post or another party for domestic and international. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page. Please read our Delivery Choices policy.
23. All risk of loss or damage to the goods passes to you when we dispatch the goods.
For specific information about Delivery Fees, timing estimates for delivery, and excluded locations, please see the Delivery Choices Information for your country.
24. We cannot guarantee that delivery will occur in the delivery time frames; and we are not liable for any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
25. During holidays and major sales events, Orders may experience delivery delays.
26. Delivery of Items will take place at the Delivery Address specified by you in the order.
Cancellation Due To Error
27. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
28. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us at email@example.com webpage where we set out our requirements relating to return of such goods. Please read our Returns Policy.
29. Unfortunately, we are unable to refund or exchange on custom-made items, free promotional items, gift cards, gift wrapping or sale items, these items are deemed final sales.
30. We recommend sending returns via registered post as we do not accept responsibility for lost items.
Promotions and Discounts
31. You may receive online offers and promotions, which include a promotional or coupon code (Code) for use when shopping on our site. It is your responsibility to ensure the Code is valid, and that you enter the Code at the time of placing an Order. We cannot apply the Code after you have submitted your Order. Separate terms may apply to the use of the Code. Please read these carefully to make sure they apply to your purchase from us. Any Code is non-transferable and may not be used in conjunction with other offers.
32. Promotion codes cannot be applied to the purchase of eGift card.
34. All references to times in promotions are based on the local time in Sydney, Australia, unless stated otherwise.
35. eGift cards cannot be used for the payment of credit. eGift cards are not redeemable for cash and cannot be exchanged or reloaded.
36. eGift cards expire 12 months from the issue date, which is the date on which What’s Your MO issued the eGift card and not the date you received the eGift card. Any balance not used by the expiry date will be forfeited.
37. Only one eGift card can be used per order and eGift cards can only be used online.
38. If your order total is less than the value of the eGift Card, the balance will remain against the eGift card to be redeemed against subsequent orders until the expiry date. If your order exceeds the value of the eGift Card you must make up the remaining balance with another payment method
39. We are not liable for delivery of a Virtual eGift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
40. We are not responsible if an eGift Card is lost, stolen, destroyed or used without permission.
41. Promotion codes cannot be applied to the purchase of eGift Cards.
42. When you visit our website, we give you a limited license to access and use our information for personal use.
43. You are permitted to download a copy of the information on this website to your computer for your personal use only, provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
44. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, re–publish, distribute or display any of the information on this website without our prior written permission.
45. The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
46. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
47. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
48. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.
49. All trade marks, brands and logos generally identified either with the symbols TM or which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
50. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
51. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
52. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Limitation of Liability
53. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
54. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
55. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
56. If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. Force Majeure means any act, circumstance or omission over which we could not reasonably have exercised control.
57. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
58. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
59. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.