These are the terms and conditions of sale of the Museum of Illusions situated at Shop 6, 413-421 George Street, Sydney, Australia (the “Museum”) and operated by MOI Sydney Pty Ltd ACN 684 349 200 (hereafter collectively referred to as “MOI Sydney” or “we”, “us”, or “our”). 

We offer the purchase of merchandise and other products in store and online, including gift cards, vouchers and other offers for future purchases of products or museum tickets.  These terms apply to all merchandise and other products sales by the Museum including gift cards and vouchers but excluding Museum tickets.   For Museum ticket terms and conditions of entry, please refer to our Terms of Entry and Liability Waiver.

These terms do not exclude consumers’ rights under the Consumer Guarantees of the Australian Consumer Law and other requirements by law, which override these terms and conditions to the extent of any inconsistency.

1. Online sales
   
   1.1 In addition to these terms, our online sales are also subject to our Website Terms and any terms of point of sales system provided by our website.
   
   1.2 Prices advertised online may change without notice.  Prices are displayed in Australian Dollar unless otherwise stated or selected by you.  All pricing includes Australian goods and services tax (GST) and other sales taxes but does not always include delivery or postage charges.  If delivery or postage charges apply, a delivery or postage price will be generated at checkout.
   
   1.3 We will effect delivery of items purchased online to your nominated delivery address.  You accept risk in the product when received and must notify us of any concerns regarding your order in accordance with our refunds policy below.  You will otherwise be taken to have accepted your order.
   
   1.4 Online orders must be fully paid before the product will be despatched and shipped to you.  If a payment rejection or payment error occurs subsequent to your checkout, we will contact you via the email address provided.  Unless you respond timely and provide alternative payment, we reserve the right to cancel your order.
   
   1.5 We reserve the right to limit the places to where we will post or ship orders, including due to custom and other legislative restrictions.  However, this will not make us responsible for knowledge of your local legislative requirements.  You bear the risk concerning any product shipped to your location concerning customs, duties and other responsibilities of import.
   
   1.6 If we form the view that we are unable to fulfil your order, for any reason, we reserve the right to cancel your order and provide a refund of your payment in accordance with our refund terms below.
   
   
2. Store sales
   
   2.1 Prices of products available in store will be as per the sticker or other price display available in store.  Store pricing may differ to online pricing and different promotions may apply from time to time to online sales and in store sales.
   
   2.2 In store purchase may be effected by cash, EFTPOS debit, credit card and such other methods as offered in store.  Some of our stores may not accept cash or certain types of credit cards and other tender from time to time due to practical technological or legal concerns.
   
   2.3 When buying a product in store, you are deemed to have carefully examined the product and satisfied yourself with the condition of product and all specifications and considerations pertaining to the product available on visible inspection.
   
   
3. Intellectual Property and Proprietary Rights
   
   3.1 We own all intellectual proprietary rights in our merchandise and other products.  Some products will be the subject of registered designs and patents.  Even when not registered, we claim all copyright and rights of authorship in our products.
   
   3.2 By purchasing our products, you agree that you will not, and will not assist any other person to, reproduce or replicate our products, with or without modification, for any commercial purposes, including to reverse engineer any of our products for such purposes.  
   
   3.3 Our products are not sold for commercial resale and you agree that you will not resell our products, whether personally or as an agent or anyone else.
   
   3.4 Any breach of the above conditions will be deemed an infringement of our intellectual property rights and of these terms.  You indemnify us to the full extent recoverable by law for any damage suffered by us resulting from such action which may include loss of profit or expected profit, loss of commercial reputation, and an account for your profits.  You agree that damages may not be a sufficient remedy and we shall be entitled to apply for and obtain an order or orders preventing you or any other person from further infringement of the above restrictions, in addition to recovery of damages.
   
4. Returns, exchanges and refunds
   
   4.1 We do not offer change of mind returns, except in the discretion of our store staff.  If we do offer a change of mind return, it may be subject to the product being unopened and undamaged.
   
   4.2 If you realise that your product is incorrect, faulty or defective for any reason, you must notify us within seven (7) days of receipt.  Please email us at [email protected].  We will respond with instructions for assessment and our offer as to repair, replacement or refund.  Subject to the Australian Consumer Law, we reserve the right to determine whether we will repair, replace or refund a product in our discretion depending on the subject product, your location and other considerations relevant to us.
   
   4.3 When making a return or refund we reserve the right to require you to produce evidence of purchase and your personal details including evidence of identity and banking or credit card details, which may be required for legal and record keeping purposes.  All information we collect will be held pursuant to our Privacy Policy.
   
   4.4 If we are making a refund, we reserve the right to refund to the same account details or credit card or other form of tender (eg. Paypal™, Afterpay™, Apple Pay™, Samsung Pay™, Google Pay™) used in the purchase, which you warrant remain correct for all purposes.  It is your responsibility to tell us if your payment details have changed.  For purchases made using store credit or gift card, we will refund in store credit or new gift card.
   
   4.5 At all times if you are unable to present or use the same tender of purchase in connection with a refund, or if there are any other conditions of refund or exchange which cannot be met (such as proof of purchase) then we may choose to provide a refund via store credit or gift card (unless otherwise required by law).
   
   
5. Gift cards and vouchers
   
   5.1 If you are purchasing a gift card, voucher or other offer of future products and services, this purchase is subject to the additional conditions of the gift card or voucher as stipulated therein.  You are taken to have reviewed and approved these conditions at the time of purchase.
   
   5.2 Please note the expiry date of store credit and gift cards, as a replacement or refund will not be provided, unless required by law.
   
   5.3 Our gift cards cannot be exchanged for cash, a different brand, denomination or type of gift card or for another tender or discount.
   
   
6. Limitation of liability
   
   6.1 But for the consumer warranties to which you may be entitled under the Australian Consumer Law, we make no representation or warranty, express or implied, concerning our merchandise and other products.  You are expected to have selected your product based on your own assessment of your needs against the product’s specifications.
   
   6.2 Some products are products of other businesses which we retail on license or authority.  Such products are subject to the terms of sale of the relevant business and our refunds and returns policy is limited to the refund of return policy of the relevant seller.  We will always endeavour to give you the benefit of all third party manufacturer and seller warranties where we can.
   
   6.3 To the fullest extent permitted by law, you agree that our liability concerning our products, whether pursuant to consumer guarantees, in tort or otherwise, shall be limited to repair, refund or replacement of the product, as mandated by the Australian Consumer Law. 
   
   6.4 Except to the extent prohibited by law, we  shall have no liability to any person for any other loss or damage of any kind whatsoever including any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, lost opportunity, loss of data or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise. 
   
   
7. Law and Enforceability
   
   7.1 These terms and conditions and your entry to the Museum will be governed by the law of New South Wales, Australia. 
   
   7.2 These terms and conditions will be enforced to the maximum extent allowed under the applicable law.  If any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of remainder.
   
8. Further enquiries and complaint handling
   
   8.1 If you have any questions regarding these terms and conditions or our operations or for any other communications with us concerning your Museum entry, you may contact us at any time in person at the Museum or to:
   
   Enquiries – MOI Sydney
   Address for postage: Shop 6, 413-421 George Street, Sydney, Australia
   Telephone: +61 XXX
   Email: [email protected]
   
   8.2 We refer you to our Privacy Policy and Complaints Handling Policy available at www.moisydney.com.