Terms of service

MOTU TERMS & CONDITIONS 

This website is owned and operated by Motu Trading, Byron Bay - ABN:  23669214617

All users and browsers of this website are bound by the terms and conditions outlined below. Please  refrain from using the Motu Byron Bay website if you do not agree to these terms and  conditions. 

The information presented on this website is for general informational purposes and may  contain technical inaccuracies or typographical errors. Motu Trading disclaims any  responsibility for the information's accuracy or completeness. Usage of any information from  this website is at your own risk. Motu Trading shall not be liable for any direct or indirect  consequential damages arising from the use of this website or any linked websites. Motu Trading provides no representations or warranties, express or implied, including any implied warranties of fitness for a particular purpose, merchantability, or otherwise,  regarding any information provided on this website. 

All products available for sale on this website, as well as those appearing on the website, are  the property of Motu Trading and its contractors. 

Nothing on this website is intended to suggest that any other person, including  manufacturers, designers, retailers, or organizations, has authorized or is associated or  affiliated with this website or the goods, products, and services displayed or offered for sale  by Motu Trading. 

The specifications presented on this website are accurate at the time of publication but are  subject to change without prior notice. 

No part of this site may be reproduced in any manner without the express written  permission of Motu Trading. 

TERMS & CONDITIONS OF SALE 

This agreement is subject to the terms and conditions listed below, provided that the term  or condition does not breach any applicable law or statute at the time and place of  acceptance of this order by Motu Trading. 

REFUND POLICY 

If you receive a product that doesn't meet your expectations, please contact Motu Trading, Byron Bay via email at hello@motubyronbayfurniture.com within 24 hours of receiving  the goods. 

If it is determined that the item was not accurately described or advertised within the law, or  if there was an error in the advertisement, Motu Trading may choose to replace the item  or refund your money at its discretion.

Refunds will only be issued when goods are returned to Motu Trading in their original  packaging, or a 20% cancellation fee may be deducted from your final refund if the item is not in brand-new condition. 

Customers with expedited delivery requests beyond our standard delivery time frames, or  customers requiring furniture delivery before a specific event, forfeit our money-back  guarantee offer. Under these circumstances, the product is considered delivered in an  acceptable and as-expected condition/color at the time of delivery. 

Please note that a cancellation, return, or refund policy does not apply to furniture deemed  for commercial use. 

Promotions and Competitions 

Other terms and conditions not listed herein that apply to Motu Trading promotions and  competitions are incorporated into these terms and conditions. Unless expressly stated, any  additional terms and conditions that do not conflict with these terms and conditions are  supplementary. In cases where additional terms and conditions conflict with these terms  and conditions, the additional terms and conditions will take precedence. 

Please be aware that returns or refunds do not apply to customers who have chosen  assembly, assembly and rubbish removal, or just rubbish removal for their furniture. 

If you disagree with any of these terms and conditions (including any future amendments),  please discontinue using this website immediately. 

DELIVERY POLICY 

Our standard delivery is ground floor only. Specific date or time delivery requests may incur  taxi truck rates with a minimum 3-hour call-out fee. Motu Trading reserves the right to  defer or reschedule deliveries during hazardous weather conditions. 

We provide a two-person delivery service for items considered difficult to deliver in metro  Brisbane, Sydney, and Melbourne only upon request. These items may include fragile items,  stone items, items weighing over 30 kg, or items with a length exceeding 160cm. For all  other areas, we only provide one-person delivery. 

For deliveries to excluded areas, assistance by at least one, or in some cases two, physically  able-bodied individuals will be required to unload and deliver the furniture into your home.  If the delivery is deemed unsafe or hazardous for our staff or the furniture product, Motu Trading reserves the right to cancel or reschedule the delivery, which may be charged at  standard or taxi truck rates. 

It is the buyer's responsibility to inform Motu Trading of any potential hazardous delivery  conditions before or at the time of delivery confirmation. Such conditions may include but  are not limited to: internal driveways that are too narrow, not sealed, too steep, or unstable  for safe truck access and turnaround; steep or unstable inclines that require carrying furniture; narrow doorways or access points; or more than 12 steps required to access the  furniture delivery point. In some cases, a delivery may be considered safe for staff access but  hazardous for potential furniture damage. In these instances, Motu Trading staff may  proceed with the delivery, but we may request that you sign a liability release form before proceeding. 

Delivery times and dates are approximate only. Each stage of the manufacturing process is  meticulously checked, and any components not meeting our strict quality guidelines will not  be dispatched, sometimes leading to unavoidable delivery delays. For delivery information,  please contact our customer service. 

Motu Trading cannot accept liability for late or canceled deliveries except as specified in  our delivery guarantee. 

Goods not collected or able to be delivered within 14 days will incur a weekly storage charge  unless storage and delivery times are negotiated prior to sale. 

CUSTOMER COLLECTION POLICY 

Pickup of your newly purchased item's by prior arrangement. Please contact us at hello@motubyronbayfurniture.com with your invoice number and arrival time 24 hours in advance of pickup. Self-organized  delivery using a third-party courier, removal company, friend, or family member is  considered a pickup, and the same policies apply. 

Upon pickup, you will need to provide your invoice number and ID. If you have paid by credit card, you will also need to show the credit card used. You will be required to read and sign a  Pickup Disclaimer document, which can be found at the provided link. 

SPECIFICATIONS 

We reserve the right to change prices, dimensions, design, and construction without prior  notice. As all Motu Trading furniture is handmade, we allow for up to a 3% variance in  size on all products from the advertised measurements. 

All customers are welcome to arrange a representative to inspect their items before dispatch  from our warehouse. However, if the customer chooses not to inspect their items, all liability  for variances in colour, firmness, style, and comfort interpretation is waived by the customer. Motu Trading takes great care to accurately describe products for sale, but no liability is accepted for variations in interpretation. For example, if Motu Trading advertises a  cushion as white, and upon receipt, the customer believes the color is cream, unless the customer has inspected the goods before dispatch, all liability is waived. Other examples may include Motu Trading advertising a product as 'dark brown,' but the customer  believes it is medium brown upon receipt. Or Motu Trading advertising a firmness setting  as soft, but the customer believes the firmness is medium, and so forth.

Our representatives are available to answer any questions concerning Motu Trading furniture products; however, you must be solely responsible for your final selection,  including the suitability of a particular covering, color, and model. 

Please choose carefully, as we typically do not offer refunds or exchanges for change-of mind decisions. 

ESSENTIAL CARE & MAINTENANCE 

Your furniture is designed to meet specifications beyond ordinary levels, but the furnitures  lifespan depends on proper care and maintenance. Please carefully read and follow the  appropriate care and maintenance instructions for your furniture, available on our warranty  and care page on our website. Printouts of this information are also available in our store. 

Inappropriate cleaning methods, above-average or excessive loading, or failure to properly  care for the furniture may result in costly repairs and could void your warranty. Soft cushion  fillings and removable covers may need periodic replacement due to normal use. Contact  our customer service for information and pricing. 

VARIATIONS 

Your new furniture may exhibit different characteristics than the showroom furniture  sample, depending on the selected covering and the level of use. Soft furniture will vary in  appearance, including characteristics such as creasing and the degree of softness. 

Color swatches and samples should be used as an approximate guide only, as leather, fabrics,  PE Wicker, and timber vary in color and texture.

We reserve the right to pattern-match fabrics according to our best judgment. 

WARRANTY 

Each piece of furniture manufactured by Motu Trading is protected by the terms and  conditions of the limited warranty. No other warranty, whether expressed or implied, is  valid, except for any implied conditions and warranties under mandatory laws applicable at  the time and place of acceptance of this order by Motu Trading. 

Inappropriate cleaning methods, above-average or excessive loading, or failure to properly  care for the furniture could void your warranty. The warranty is valid for the original  purchaser and original address only, as specified on the invoice, and is not transferable. 

CARRIERS

Full payment is required before the goods are transferred to a contracted carrier. All  furniture is transported at the purchaser's own risk. 

The purchaser is responsible for arranging insurance and additional protective packaging.  Motu Trading is not liable for the goods once they change hands. Typically, crating and  additional protective packaging are not used when freight is transported via padded  transport. 

All freight and insurance charges, including charges for additional packaging and crating, are  the responsibility of the purchaser. 

CANCELLATIONS 

Cancellation of standard orders after deposit or full payment and prior to dispatch from our  warehouse is subject to a minimum cancellation charge equal to 10% of the purchase price.  Cancellation of special orders where manufacturing has begun and/or purchases have been  made on your behalf is subject to a minimum cancellation charge equal to 50% of the purchase price. 

The cancellation charge covers the loss of value, administrative costs, inventory expenses,  and other associated costs. 

TITLE 

The title to the goods and ownership shall remain with Motu Trading until the purchaser  has paid all amounts owing, whether under this agreement or any other associated  agreement. In the event of any default by the purchaser, Motu Trading (without prejudice  to any other rights) shall be entitled to repossess the goods. For the purpose of  repossession, Motu Trading is authorized to enter premises where the goods are located,  and Motu Trading shall not be liable for any damage incurred during repossession. If the  purchaser sells the goods before payment of all sums owed, the purchaser shall hold the  proceeds of such sale as trustee for Motu Trading, and Motu Trading shall be entitled to  all such proceeds. 

PAYMENT 

Full payment of the balance of this invoice is required before receiving all or part of the  goods. We do not accept company or personal checks. The purchaser is responsible for any  costs incurred in obtaining payment for goods, including bank transfer fees, currency  conversion costs, cheque representation fees, and related charges. All amounts are in  Australian dollars, unless specified in writing by an authorized representative of Motu Trading. Motu Trading reserves the right to cancel any invoice. Without prejudice to its other  rights and remedies, Motu Byron Bay may terminate or suspend any agreement between  Motu Trading and the purchaser. 

INTELLECTUAL PROPERTY

The purchaser acknowledges that all intellectual property, including designs, techniques,  methods of manufacture, photographs, specifications, artwork, text, patented inventions,  and registered designs, remains the property of Motu Trading. The purchaser shall not knowingly allow any Motu Trading intellectual property to be reverse-engineered, pirated,  or copied. Motu Trading may be entitled to compensation for any loss of royalties,  damages, and/or costs arising from the pirating of Motu Trading intellectual property. 

PRIVACY MATTERS 

Motu Trading respects your privacy and is committed to disclosing and holding personal  information in accordance with the Privacy Act 1998. For information on how we collect and  protect personal information, please refer to our Privacy Policy available on our website. 

PRIVACY POLICY 

We are committed to protecting your privacy. The information gathered enables your  account and enhances your online experience. All information collected on this website will  be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. We  respect users' right to remain anonymous and will not knowingly disclose user identities  unless required by a court of law. 

Motu Trading does not sell, trade, or rent your personal information to others. We may  release customer information when necessary to comply with the law, enforce our user  agreements, or protect the rights, property, or safety of Motu Trading, our users, or  others. 

For further details regarding our privacy practices, please review our Privacy Policy.