Terms of Service

Last updated: 1 October 2026

These Terms of Service ("Terms") apply when you use the Mountgear website at mountgear.com.au and buy products through it. Please read them carefully. By using Mountgear or placing an order, you agree to these Terms.

1. About Mountgear

Mountgear is an online marketplace operated by HYGGO PTY LTD (ABN 26 680 569 653) of Melbourne, Victoria, Australia, trading as Mountgear ("Mountgear", "we", "us", "our").

Mountgear sells products to buyers ("you") directly: unless a listing names an independent seller, HYGGO PTY LTD trading as Mountgear is the seller of the product. Mountgear also provides a platform on which independent sellers ("Sellers") may list and sell products; where a listing names a Seller, that Seller is the seller of record for it and the parts of these Terms about Sellers apply. Where each item ships from is shown before you pay.

2. Your Australian Consumer Law rights

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded or limited ("Non-Excludable Rights"). If any part of these Terms would do so, it applies only to the extent permitted by law.

See our Returns & Refunds Policy for how the consumer guarantees work.

3. Mountgear's role and the Seller's role

• When you buy a product on Mountgear, the Seller is the seller of record. Your contract for the sale of the product is with the Seller.
• The Seller is responsible for the product, its listing, its compliance with law, and packing and sending your order.
• Mountgear runs the website and checkout, processes payments through our payment providers, provides Mountgear Buyer Protection, and helps resolve disputes between buyers and Sellers.
• We set standards for Sellers and may remove listings or Sellers that break our policies, but we don't manufacture, store or inspect every product before it is sold.

4. Your account

• You must give accurate information and keep it up to date.
• You are responsible for keeping your password secure and for activity on your account. Tell us promptly at [email protected] if you think your account has been used without permission.
• You must be at least 18 years old, or use Mountgear with the involvement of a parent or guardian.
• We may suspend or close accounts that breach these Terms, are used for fraud, or put other users at risk.

5. Listings, prices and availability

• Sellers write their own listings. We require Sellers to describe products accurately, but we don't guarantee that every listing is free from errors.
• All prices are in Australian dollars and include GST. Delivery costs are shown at checkout before you pay.
• If a listing contains an obvious pricing error, the Seller may cancel the order and you will receive a full refund.
• Products are subject to availability. If a Seller can't supply an item, your order for that item will be cancelled and refunded.

6. Placing an order

• When you place an order, you make an offer to buy the products from the relevant Seller(s). You'll receive an order confirmation by email.
• The contract with a Seller is formed when the order is confirmed, unless the Seller cancels it because the item is unavailable, the price was obviously wrong, the order appears fraudulent, or the Seller can't deliver to your address.
• An order with items from several Sellers creates a separate contract with each Seller.

7. Payment

You can pay by card (processed by Stripe) or PayPal. Payment is taken when you place your order. Mountgear does not store your full card number. See Payment Methods & Security. You must always pay through Mountgear's checkout; payments made directly to a Seller are not covered by Mountgear Buyer Protection.

8. Delivery

We currently deliver within Australia only. Delivery costs and estimated delivery times are set by each Seller and may vary by region. Some Sellers may not deliver to remote areas or PO boxes. Delivery times are estimates. See our Shipping & Delivery Policy.

9. Returns, refunds and Buyer Protection

Returns and refunds are handled under our Returns & Refunds Policy and Mountgear Buyer Protection. Change-of-mind returns are at each Seller's discretion. Your Non-Excludable Rights always apply.

10. Disputes with Sellers

If you have a problem with an order, email [email protected] with your order number. We will contact the Seller and, if it isn't resolved, handle it as a claim under Mountgear Buyer Protection. When we make a decision on a claim, we act reasonably and consider the information from both sides. Our dispute process doesn't stop you from exercising your legal rights, including contacting a consumer protection agency or going to a court or tribunal.

11. Using Mountgear responsibly

You must not:

• break any law or infringe anyone's rights when using Mountgear
• make fraudulent purchases, payments, claims or chargebacks
• post false, misleading or abusive content, including fake reviews (see our Reviews & Community Guidelines)
• try to buy or sell outside Mountgear to avoid our checkout or fees
• interfere with the website, including by scraping, automated access without our permission, introducing malware or trying to access other people's accounts
• harass Sellers, other buyers or our staff

12. Reviews and content you post

When you post reviews, questions, photos or other content, you confirm that it is honest and that you have the right to post it. You give us a non-exclusive, royalty-free licence to use, display and reproduce that content on Mountgear and in connection with our services. We may remove content that breaches our policies.

13. Intellectual property

The Mountgear website, name, logo and content created by us are owned by or licensed to HYGGO PTY LTD. Listing content belongs to the relevant Seller or its licensors. You may not copy or use our content for commercial purposes without permission. To report infringing listings, see our Intellectual Property & Counterfeit Reporting policy.

14. Prohibited items and product safety

Sellers must not list items that are prohibited under our Prohibited & Restricted Items policy or that don't meet Australian safety requirements. If you see an unsafe product, please report it (see Product Safety & Recalls).

15. Liability

Subject to your Non-Excludable Rights:

• We will provide our services with due care and skill. We try to keep Mountgear available and accurate but can't promise it will always be uninterrupted or error-free.
• The Seller, not Mountgear, is responsible for the products it sells, including their quality, safety, legality and compliance with the listing. This doesn't limit Mountgear Buyer Protection or any liability we have under the law.
• To the extent permitted by law, we are not liable for loss that is not reasonably foreseeable, or for loss caused by events outside our reasonable control.
• Where the law allows us to limit our liability for a failure to comply with a consumer guarantee relating to our services, our liability is limited to supplying the services again or paying the cost of having them supplied again.

Nothing in these Terms limits liability for fraud, or for death or personal injury caused by negligence, to the extent that limitation is not permitted by law.

16. Privacy

We handle personal information in line with our Privacy Policy and Cookie Policy.

17. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to our services or the law. The updated Terms will be posted on this page with a new "Last updated" date. Changes apply to orders placed after the update. Orders already placed are governed by the Terms in place when you placed them.

18. Governing law

These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts entitled to hear appeals from them. This doesn't prevent you from relying on consumer protection laws that apply in your own state or territory.

19. General

• If any part of these Terms is found to be invalid or unenforceable, the rest of the Terms continue to apply.
• If we don't enforce a right straight away, we haven't given up that right.
• These Terms, together with the policies linked from them, are the entire agreement between you and Mountgear about your use of the website.

20. Contact us

• HYGGO PTY LTD, trading as Mountgear
• ABN: 26 680 569 653
• Location: Melbourne, Victoria, Australia
• Phone: 0493 624 208 (Monday to Friday, 9am–5pm Melbourne time, excluding public holidays)
• Email: [email protected]