Terms & Conditions
These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from www.melbourneglobal.com.au
Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability
These Terms and Conditions constitute a contract between the customer (You) and Melbourne Global Systems Pty Ltd hereafter referred to as “MGS”.
1. Agreement
1.1
In these Terms and Conditions "We", "Our" or "Us" means Melbourne Global Systems Pty Ltd ABN: 24 166 407 030 ; and "You" or "Your" means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2
By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
1.3
The Agreement together with your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place Orders with MGS. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
3. Website Use
3.1
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
3.2
You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.3
You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4. Pricing
4.1
Unless otherwise indicated all products on the MGS Australia website are GST-Exclusive. Prices are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:
a. by agreement between You and Us in writing or by email; or
b. in accordance with clause 7.3.
c. GST can be calculated in the checkout. GST will not be charged on items coming from overseas direct to the customer. Where this is the case it will be clearly mentioned and the customer must pay any GST and import duties that apply.
4.2
Unless otherwise indicated all products on the MGS Australia website do not includeshipping. Shipping charges are based on weight and destination and can be calculated in the checkout.
4.3
Unless otherwise indicated all prices on the MGS Australia website are in AUD. Customers can select a different payment currency. This may not be the rate charged by the customers bank and is for estimation only.
5. Product Specifications
5.1
Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
5.2
All weights and dimensions of Products described in the Website are approximate. Product images may be simulated and are a representation only.
6. Orders
6.1
You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of your Order (Purchase Contract).
6.2
Orders will be deemed to have been received by MGS at the time MGS sends an Order confirmation to Your nominated e-mail address or at the time as Payment Confirmation email is sent to Your nominated e-mail address.
6.3
MGS is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4
MGS reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
6.5
In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6
MGS does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7
MGS shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of MGS (or its affiliates), and MGS shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8
Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee of the same amount initially charged for delivery for each subsequent delivery attempt.
7. Payment
7.1
You may provide your nominated credit card during the purchase process described on the Website. You can also use any other payment method available during the purchase process. Payment is not deemed to have been made until the amount is “cleared”.
7.2
Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3
Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
8. Delivery and ownership of the goods
8.1
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. MGS does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2
The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by MGS. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Refunds Policy at any time prior to dispatch of the Product(s).
8.3
Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
8.4
The couriers or postal services nominated by MGS will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.5
MGS is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by MGS (as notified to the Customer) in relation to date and time of delivery. MGS shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
9. Faulty or damaged goods
MGS will repair, replace or refund faulty or damaged Products in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law.
10. Refunds and returns
10.1
Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
10.2
All refunds may take up to 10 business days to be processed but are generally processed within 3-5 business days. Depending on your bank it may take a further 5 – 10 business days for the payment to be cleared into your account.
10.3
Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.
10.4
In order to facilitate a return under the Returns Policy, please contact us via email
10.5
The Customer must comply with directions from staff to facilitate a return.
10.6
Returned Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.
10.7
Subject to clause 10.8, It is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.
10.8
Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You may return the Product to us at Our cost. You must contact us to receive a Return Label to facilitate the return of your product. Our liability is limited to the cost of this label ($10) and we will not cover any additional expense that you incur by sending the product through Your own courier or transportation method.
11. Warranties
11.1
Each Product sold on the Website is covered by a minimum 12 month Standard Warranty.
11.2
Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
12. Liability
To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
13. Intellectual Property
All Intellectual Property in any Material on the Website is the property of MGS. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
14. Privacy
By placing your Order or otherwise contacting MGS, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other MGS products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.
15. Miscellaneous
16.1
Title and risk in the MGS pass to You at the point of dispatch or embarkation by MGS to Your courier.
16.2
MGS reserves the right to make changes to the MGS Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
16.3
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
16.4
A failure or delay by MGS to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by MGS does not preclude its future ability to exercise that or any other power or right.
16.5
Insofar as they apply to the ordering, purchase, fulfilment and delivery of MGS Products from www.melbourneglobal.com.au, these Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.
16.6
No MGS employee or agent has the authority to vary any of the Terms and Conditions governing any sale.