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Terms & Conditions

To keep our lawyers happy we have to let you know all this stuff.

We have even translated each clause into English for you to make things a little more understandable.

Feel free to have a read through if you like. You never know, you might just be a Lucky MoFo and find a little something!

    1. Introduction

  1. 1. Introduction
    1. References to “we”, “us” or “our” are references to Ipso MoFo, 201/465 Macaulay Road, Kensington, MELBOURNE VIC 3031 Australia, trading as www.IpsoMoFo.com ACN 602 412 760 and its subsidiaries, associates and officers, unless otherwise stated.
    2. These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
    3. In these Terms and Conditions:
      "Account" means the account that you may wish to register for on the Site if you would like to submit an Order on the Site;
      “Acknowledgement" means our acknowledgement of your Order by email;
      "Breach of Duty" has the meaning given to it in clause 8.9(b) of these Terms and Conditions;
      "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Australia;
      " Confirmation of Order" means our email to you, in which we accept your Order in accordance with clause 2.6 below;
      "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 2.6 below;
      “Customer" means individual who places an Order on the Site;
      "Liability" has the meaning given to it in clause 8.9(a) of these Terms and Conditions;
      "Order" means the order submitted by you to the Site to purchase a Product from us;
      "you" means the Customer who places an Order;
      references to "clauses" are to clauses of these Terms and Conditions;
      headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
    4. These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
    5. These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
    6. No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
    7. By completing and placing an order with the Site, you are entering into a formal contract with us.
    8. IN ENGLISH: THESE T's & C's ARE IN PLACE TO COVER BOTH OUR ASSES SHOULD ANYTHING ARISE. BECAUSE ITS OUR SHOP, WE MAKE THE RULES BUT WE ARE VERY FAIR AND WONT PULL A FAST ONE ON YOU.
  2. 2. How a contract is formed

  3. 2. How a contract is formed
    1. When making an Order, you must follow the instructions on as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
    2. If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
    3. You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
    4. When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
    5. We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order in the manner detailed in 2.6, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
    6. A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, by issuing an invoice acknowledging that we have received full payment and are satisfied with the payment. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
    7. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact customerlove@ipsomofo.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
    8. You must only submit to us or our agent or the Site, information which is accurate and not misleading and you must keep it up to date and inform us of changes.
    9. IN ENGLISH: AS SOON AS YOU MAKE AN ORDER, THEN WE ARE BOTH IN A LEGALLY BINDING CONTRACT. WE ARE NICE THOUGH, SO IF YOU NEED TO CHANGE ANYTHING, LET US KNOW ASAP AND IF ITS NOT TOO LATE, WE'LL DO OUR BEST.
  4. 3. Delivery

  5. 3. Delivery
    1. Particular Products listed on the Site will be dispatched directly from the manufacturer, designer, distributor or place of holding. We will endeavour to inform you on the product page and on our confirmation communications of the origin of the product, expected delivery times and expected dates of arrival. We are therefore not responsible for delays due to international postal services and or local or international customs departments and have no control over such services.
    2. In the event of a customer enquiry regarding non-delivery of product, we will allow sufficient time (normally up to 40 Days) for arrival of products before we investigate or initiate a resend or refund of product. and will in most cases have a tracking service number that we will provide to you on confirmation of your order or soon after.
    3. We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within the stated delivery time of the date of any Order which we accept but we cannot guarantee any firm delivery dates.
    4. If for any reason we are unable to dispatch your order we will notify you within 48 hours of placement of the order.
    5. We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
    6. On delivery of the Product, you may be required to sign for delivery, unless you grant us ‘authority to leave’ pursuant to clause 3.5 below. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
    7. You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
    8. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
    9. We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
    10. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re- delivery or collection from the carrier.
    11. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
      a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
      b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 3.9 (a) above).
    12. IN ENGLISH: WE'LL GET YOUR ORDER TO YOU AS QUICK AS WE CAN USING THE APPROPRIATE CARRIER. MAKE SURE YOU GIVE AN ADDRESS WHERE SOMEONE CAN SIGN FOR IT, OR THE POSTMAN WILL GET UPSET IF HE HAS TO COME BACK AGAIN. WE CAN DELIVER TO YOUR WORK PLACE IF THATS EASIER!
  6. 4. Cancellation

  7. 4. Cancellation
    1. We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
    2. We will usually refund any money received from you using the same method originally used by you to pay for the Product.
    3. IN ENGLISH: $HIT HAPPENS SOMETIMES, AND IF A PRODUCT AINT AVAILABLE, WE WILL GIVE YOU YOUR MONEY BACK OR TRY TO GET YOU AN ALTERNATIVE.
  8. 5. Returns (21 day 'Make up your MoFo'ing mind' policy)

  9. 5. Returns (21 day 'Make up your MoFo'ing mind' policy)
    1. Where stated on the applicable products page, (unless listed as ‘sale is final’) we will accept returns of products providing that:
      you contact us as soon as is practicable to initiate return process and within the 21st day once the product has been deemed confirmed to have been delivered;
      the product and packaging is in an ‘as new’ and saleable condition;
      the packaging and contents are complete and undamaged and include all inserts, manuals, instructions, accessories, inclusions and paraphernalia;
    2. This Return Policy is at our discretion.
    3. The customer is responsible for return postage costs unless otherwise explicitly agreed by us.
    4. We will, upon inspection of the product(s) and confirmation that they are as per clause 5.1, refund the total Product cost minus any shipping fees via the original payment method and only to the original payment card provided to us.
    5. We have the right to not honour the policy if we feel that the reason for return is dishonest. If there are multiple orders of the same product(s) shipped to the same address, we reserve the right to refund only the cheapest product purchased by the customer, OR charge a 20% restock fee for the return of the higher priced item.
    6. IN ENGLISH: PROVIDED YOU HAVE MET OUR CONDITIONS, IF YOU DONT LIKE IT, DONT KEEP IT. SEND IT BACK TO US AND WE'LL REPLACE OR REFUND THE PRODUCT COST (YOU ARE RESPONSIBLE FOR ALL DELIVERY COSTS THOUGH). AS LONG AS ITS WITHIN 21 DAYS AND IN ORIGINAL CONDITION, YOURE ALL GOOD.
  10. 6. Limitation of liability

  11. 6. Limitation of liability
    1. This clause 6 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
      the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
      otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
    2. Nothing in these Terms and Conditions shall exclude or limit:
      our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by law; or (iv) any other Liability which cannot be excluded or limited by applicable law; or
      your statutory rights as a consumer.
    3. In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
    4. Subject to clause 6.2:
      we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
      you should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
    5. Save as provided in clauses 6.2, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
    6. Save as provided in clause 6.2, we shall have no Liability for:
      loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of the use of money; loss of anticipated savings; loss of business; loss of operation time; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss;
      and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses 11.6(a) to 11.6(l) apply whether such losses are direct, indirect, consequential or otherwise.
    7. Save as provided in clause 6.1:
      our total Liability under any Contract shall in no circumstances exceed, in aggregate, a sum equal to the greater of: i) $100; or ii) 110% of the value of the relevant Contract under which the cause of action arises; and
      our total Liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of: i) $100; or ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
    8. The limitation of Liability under clause 6.7 has effect in relation both to any Liability expressly provided for under these Terms and Conditions and to any Liability arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions.
    9. In these Terms and Conditions:
      “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to “these Terms and Conditions” shall be deemed to include any collateral contract); and
      “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
    10. IN ENGLISH: BLAH BLAH BLAH. WE DONT EVEN KNOW WHAT THIS MEANS TO BE HONEST. SOMETHING ABOUT WE'RE NOT RESPONSIBLE FOR THE TROUBLES IN THE MIDDLE EAST. OR SOMETHING LIKE THAT.
  12. 7. Your rights

  13. 7. Your rights
    1. You gotta fight, for your right, to party.
    2. No sleep till Brooklyn.
    3. If you noticed these cheesy 80’s songs here in the T’s & C’s then you might just be a saddo for reading all this way through. To reward your sadness, if you use the Lucky MoFo code T’s&C’sSADDO20 you will get a nice 20% discount towards any purchase on www.IpsoMoFo.com Subject to availability.
    4. You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
      the payment of a fee (currently fixed at AUD $12.26c); and
      the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport or drivers license certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
    5. IN ENGLISH: GET YOUR LUCKY MOFO CODE IN BEFORE SOMEONE ELSE DOES. WE'LL ONLY GIVE A COUPLE OF PEEPS 20% OFF.
  14. 8. Circumstances beyond our control ('Force Majeur')

  15. 8. Circumstances beyond our control ('Force Majeur')
    1. We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
    2. Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
    3. If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
    4. IN ENGLISH: IF WORLD WAR 3 BREAKS OUT AND WE CANT GET YOUR ORDER TO YOU, YOU MIGHT HAVE TO WAIT A BIT, TILL IT BLOWS OVER.
  16. 9. General

  17. 9. General
    1. We shall keep a record of your Order and these Terms and Conditions until seven years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
    2. No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
    3. If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
    4. You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
    5. Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
    6. No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term. 
    7. IN ENGLISH: ALL THIS NONSENSE IS BETWEEN US AND YOU. NOT JOHN DOWN THE PUB, OR MARY THE NEXT DOOR NEIGHBOUR. WE'LL ALSO KEEP A RECORD OF ALL TRANSACTIONS FOR 7 YEARS. COS THE LAW SAYS SO.
  18. 10. Amendment to the General Business Terms and Conditions

  19. 10. Amendment to the General Business Terms and Conditions
    1. We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
    2. IN ENGLISH: WE CAN CHANGE ALL THIS STUFF WHENEVER WE WANT. WE WILL LET YOU KNOW IF WE DO THOUGH.
  20. 11. Governing Law

  21. 11. Governing Law
    1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.
    2. IN ENGLISH: GOD BLESS AUSTRALIA....

we dare you to read
through the whole lot!

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