Terms & Conditions
GENERAL CONDITIONS FOR USE OF THIS WEBSITE.
In the context of this website, “we”, “our” and “us” means Mobsey Pty Limited and “you” and “your” means you, the user or customer of this website. The use of the term “product” includes the plural “products”. Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this web site you agree to the terms of the Contract of Sale. If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website.
We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an “as is” basis and is entirely at your risk.
CHANGES TO TERMS
Because of frequent changes in Internet technology and applicable law we reserve the right to make changes to these Terms and Conditions at any time that technology and legal changes require. You should check these Terms and Conditions regularly for such changes.
CHANGES TO PRODUCTS
We and any other persons involved in the management of this website may make changes in the products described, and to other content of this website, at any time without notice.
We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. We make no representations about the suitability of this information; it is provided “as is” without warranty of any kind.
All depictions contained on the website are for illustration purposes only. Because of differences in picture inks, computer monitors and printer ink, colours of the actual product may vary slightly from those observed.
PRODUCT PRICES
The price displayed for products on this website generally represent the full price, including GST, for the product itself but does not include postage/delivery charges which will depend on the destination. However on occasions GST is shown in different ways at different times on the site. This means that at times GST may not be quoted at all. Please ensure at the checkout that you understand how much you will be charged (including GST) for the items for sale.
We always seek to provide products at the most competitive prices, We reserve the right to change prices displayed for products on our website at any time without prior notice.
Please be assured of our every effort to ensure the accuracy of our product pricing. However if an error is made and a product is listed at an incorrect price, we maintain the right to refuse to accept further orders and to cancel any orders already placed at the incorrect price. If an order has been confirmed and charged to your credit card we shall immediately contact you regarding your requirements for the reimbursement of money paid.
While all care has been taken in making available and maintaining the Currency Conversion Rates displayed on this site, such conversion rates are estimates only of currency conversions that may apply to a transaction. These rates are provided for information purposes only without express or implied warranty. The Currency Conversion Rates should not be relied upon as actual currency conversion rates that may be applied to any particular transaction as such rates will frequently fluctuate over time and vary between various financial providers.
INTERNET COMMUNICATIONS
When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website we and you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. We and you agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.
The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence.
INTELLECTUAL PROPERTY RIGHTS
Material contained on this web site is protected by copyright. You may use this web site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this web site, without obtaining our prior written consent.
Registered trade marks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.
The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this web site and material on it must not in any way infringe the intellectual property rights of any person.
YOUR ACCOUNT
To purchase from us you must establish an account on this website.
We retain absolute discretion to refuse to allow an account to be established, to terminate accounts, to remove or edit content where the account has not been kept in accordance with these terms and conditions.
It is your responsibility to provide your exact email address, delivery address, billing address and telephone number and to keep these up to date. Any incorrect information provided may lead to a delay in delivering the product ordered by you or non delivery of the product.
SECURITY
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.
ORDERING PRODUCT
You can place an order only by clicking the “Place Order” button.
When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions and are subject to any clause allowing for the cancellation of an order before property passes to you.
We will issue you with an Order Number by email after we have received your offer to purchase.
We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.
If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to advise of a reimbursement, or otherwise discuss requirements for the reimbursement of money paid.
PAYMENT
We only accept payment through PayPal and Credit cards accepted by Paypal.
Payment will not be processed until we have received all relevant information required for processing to be completed.
The processing of payment for Orders placed on a weekend or a Public holiday will not begin until the next working day.
PayPal
We process PayPal payments when you checkout from the product order screen.
You must retain your tax invoice as proof of purchase.
Credit Cards
We process Credit cards payments when you checkout from the product order screen.
Whilst we use Paypal servers which employ the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
DELIVERY
You will be provided with an estimated delivery time when you checkout from placing your order. The estimated delivery times are in working days Monday to Friday excluding public holidays. Normal delivery is within 2 to 4 working days from the date of payment of your order.
We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.
WARRANTIES
Statutory Conditions and Warranties
For all products sold Mobile Safety provides conditions and warranties contained in the Commonwealth Competition and Consumer Act 2010.
If the product does not fulfill any of these conditions or warranties then, provided the claim is made within 14 days, you may be entitled, at your discretion, to a refund, replacement of the product or to have it repaired.
Any refund agreed to may be less than the purchase price depending on any use or consumption of the product which has occurred or any contribution that use by you has made to the cause of the claim.
Customer Service will consider each claim on its merits on a case by case basis and, if required, will negotiate a solution that is acceptable to Mobile Safety and you including any costs involved.
For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.
Exceptions
Mobile Safety do not provide a refund, credit or exchange if you have damaged the product by using it in a way it was not meant to be used.
Making a Claim
To make a claim you must:
- provide us with a copy of your tax invoice or similar proof that the item was purchased from us.
- describe accurately the problem you have encountered and provide evidence (eg a photograph) to support your claim
- state whether you are requesting a replacement, repair, refund or credit
Return of Product for Warranty Claim
If you are not wholly satisfied with the Product, please email us at the earliest opportunity. We may request that you email us a photograph of the defective product or we may request that the Goods must be returned to us. Claims must be made within 14 days of receiving the Goods. The Goods should be returned with all packaging as far as possible in their original condition, securely wrapped and at your cost. If we deem the Goods to be faulty or damaged we will offer a replacement to you.
Where possible, the product must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was delivered with the product.
We reserve the right to test any returned product, and to ask you to demonstrate that the problem with the product was not your fault. After the product has been returned a final decision on granting the claim will be made by Customer Services.
Where it is agreed that the claim is valid a replacement or repaired product will be returned to you at our expense.
Where upon receipt of the returned product we determine that the product did comply with the warranties and conditions and the condition of the product was misrepresented to us by you, the expense for the return of the product to us and the expense of returning the product to you will be deducted from your account as well as a $30.00 handling and administration fee.
Refunds or credit
Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you. Refunds will be issued by EFT, PayPal or a credit to your account.
Replacement
Where a replacement is agreed to after a warranty claim is granted the replacement will be delivered to you at our expense after we have received your returned product. Where a non warranty claim is granted the replacement will be delivered to you at your expense.
RESOLVING YOUR CONCERNS
If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us and we will make every endeavor to resolve your concerns.
Our contact details are below and we will respond to your query as soon as possible.
- Email: info@mobilesafety.com.au
- Telephone: 1300 55 66 23
