Terms and Conditions
The present Terms and Conditions pertain to the use of the www.melbourneglobal.com.au website and the procurement, purchase, completion, and distribution of Products. Prior to placing an order, it is recommended that customers attentively review the following Terms and Conditions. This is crucial, as these Terms and Conditions contain significant information about the order placement, processing, fulfilment, and delivery of products. Additionally, these Terms and Conditions set forth certain restrictions of liability.
It is essential to note that these Terms and Conditions establish a binding agreement between the customer (hereafter referred to as "You"), and Melbourne Global Systems Pty Ltd (hereafter referred to as "MGS").
1. Agreement
1.1 The following definitions apply in these Terms and Conditions: "We", "Our" or "Us", refers to Melbourne Global Systems Pty Ltd, an Australian Business Number (ABN) registered company with the ABN number 24 166 407 030. "You" or "Your" refers to the individual who accepts these Terms and Conditions by using this Website, its associated software, networks, and processes, and by purchasing products or services through the Website.
1.2 By browsing the Website or placing an Order, You acknowledge and agree to be bound by these Terms and Conditions, which create a legally binding agreement between You and Us for the provision of Products.
1.3 The Agreement, in conjunction with Your Order, constitutes the entire agreement between You and Us for the supply of Products. The Agreement cannot be altered unless We agree to do so in writing or by email.
2. Legal CapacityPursuant to this agreement, it is hereby declared that individuals below eighteen (18) years of age are not authorized to place orders with MGS. By accepting the terms of this agreement, you acknowledge that you have attained the minimum age requirement of eighteen (18) years.
3. Website Use
3.1 This website may contain links to other online platforms solely for convenience, and such links may not remain current or maintained. We disclaim all liability for the content or privacy practices of any linked sites.
3.2 Access to and utilization of this website must not violate any existing laws applicable to you. You must ensure compliance with such regulations.
3.3 It is your responsibility to exercise necessary precautions to safeguard against risks posed by viruses, malware, or any other disruptive computer codes that may potentially damage your system upon accessing this website. We do not assume any liability for any resultant harm resulting from the use of this website.
4. Pricing4.1 Unless otherwise specified, all products listed on MGS Australia's website are exclusive of Goods and Services Tax (GST), subject to modification without notice. Once an order has been accepted and a purchase contract has been entered into in accordance with clause 6, the product's price cannot be altered, except:
- by agreement between You and Us in writing or by email; or
- as provided under clause 7.3.
- GST may be calculated during checkout, and it will not apply to goods imported directly from overseas to customers. However, the customer must be informed in advance and shall assume any associated GST and import duties.
4.2 Unless otherwise indicated, shipping charges are not included in the prices displayed on the MGS Australia website. Shipping rates are determined based on the weight and destination of the item, and they can be calculated during checkout.
4.3 All prices indicated on the MGS Australia website are in Australian dollars (AUD) unless otherwise indicated. Customers can select a different payment currency. However, this rate may not be the same as that charged by the customer's bank and is merely an estimation.
5. Product Specifications
5.1 Features and specifications of the products presented on this website may be subject to alteration without prior notice. However, we do not materially modify the product features and specifications upon entering a purchase contract under clause 6.
5.2 The weights and dimensions provided for the products featured on this website are approximate and for illustrative purposes only. Similarly, the images presented may be simulated and do not necessarily represent the actual product.
6. Orders
6.1 By adhering to the prescribed guidelines on this website, you may place an order and submit an offer to enter into an agreement to purchase the product(s) specified in your order (Purchase Contract).
6.2 Upon sending an order confirmation to your nominated e-mail address or issuing a Payment Confirmation email to the same address, we deem that we have received your order.
6.3 As an online business, we primarily communicate with customers through e-mail. Thus, it is your responsibility to ensure that your contact details are accurate, and your nominated e-mail address is regularly monitored for correspondence.
6.4 We reserve the right to decline any purchase contract and cancel your order before dispatching the product(s).
6.5 In case of a cancelled order, any funds paid in connection with that order shall be refunded in full. We shall provide you with e-mail confirmation of the cancellation and refund.
6.6 We do not assume any liability for orders declined, delayed, or not accepted due to internet connectivity issues.
6.7 In the event of circumstances beyond our reasonable control, we shall be entitled to a reasonablecontrol of MGS (or its affiliates), and MGS shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8 In the event that a delivery address is incorrect or incomplete for an Order, we reserve the right to charge a redelivery fee equal to the initial delivery charge for every subsequent delivery attempt.
7. Payment
7.1 During the purchase process as described on the Website, you may provide your credit card details, or use any other payment method available. Payment is not considered to have been made until the amount has been “cleared”.
7.2 Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3 Despite our best efforts, it may occasionally happen that a small number of the Products in our range may be incorrectly priced on the Website. If this is the case, and a Product's correct price is higher than the price advertised on the Website, we will contact you to ask whether you wish to purchase the Product at the correct price or cancel your Order. If a Product's correct price is lower than the advertised price on the Website, we will charge the lower amount and send you the Product, or if the higher incorrect price has been charged, we will refund the difference and send you the Product.
8. Delivery and ownership of the goods8.1 We make every effort to ensure that Products are delivered promptly and on time, but delays may occur due to shipping or other factors beyond our control. We cannot accept any liability for loss or damage resulting from such delays.
8.2 The date of dispatch listed on the Website is the estimated date of dispatch, as reasonably estimated by us. If the scheduled dispatch of a Product is delayed by more than one week, we will notify you via email to the email address provided with your Order. You are entitled to cancel your Order and receive a refund in accordance with our Refunds Policy at any time prior to the dispatch of the Product(s).
8.3 If you give written authorization for Products to be delivered without a signature, any insurance cover included will be voided.
8.4 Products will be delivered during local business hours (9am to 5pm, Monday to Friday) by the couriers or postal services nominated by us.
8.5 We are not responsible for the delivery times of Products. Once Products have been dispatched, it is your responsibility to liaise with the courier nominated by us (as notified to you) regarding the date and time of delivery. We shall not be liable for any inaccuracy of information provided to you regarding the date and time of delivery.
9. Faulty or damaged goods
We 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 To facilitate a return under the Returns Policy, please contact us via email.
10.5 You must comply with staff directions to facilitate a return.
10.6 Products that are returned under the Returns Policy must adhere to specific guidelines. These guidelines include the requirement for the product to be returned in its original packaging with all accessories, and in a condition that can be resold. It is important to note that this clause does not restrict or limit a customer's ability to make a claim under the Australian Consumer Law for a failure to comply with a guarantee. In instances where a product is returned due to a fault or defect under a guarantee, the product may be returned without its original packaging.
10.7 Subject to clause 10.8, the safe return of items remains the responsibility of the customer. MGS does not accept responsibility for products that are lost during the return process.
10.8 In the event that a product needs to be returned to MGS due to a failure to comply with a consumer guarantee, MGS will cover the cost of the return. Customers should contact MGS to obtain a Return Label to facilitate the return of the product. However, it should be noted that MGS's liability is limited to the cost of the label ($10), and any additional expenses incurred by the customer through their own courier or transportation methods will not be covered.
11. Warranties
11.1 Each product sold on the Website is accompanied 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. LiabilityTo the extent allowed by law, MGS is not liable for any indirect or consequential loss or damage, including loss of income, profits, contracts, or data arising from tort (including negligence), breach of contract, or otherwise. Furthermore, MGS's maximum liability for any product supplied, whether in contract, tort (including negligence), or otherwise, will not exceed the amount payable by the customer in respect of the product(s) in question. However, it is important to note that this clause does not restrict or limit a customer's ability to make a claim for a failure to comply with a guarantee under the Australian Consumer Law.
13. Intellectual Property
MGS retains all Intellectual Property rights to any Material on the Website. Unless expressly authorized in these Terms and Conditions or otherwise, customers are prohibited from reproducing, adapting, modifying, displaying, performing, or distributing any Material or any part thereof.
14. Privacy
By placing an order or contacting MGS, customers consent to MGS storing, processing, and using data collected from their Order for the purpose of processing their Order. MGS may also use this data, excluding credit card details, to provide information on other MGS products that may be of interest to customers. Customers may request a copy of their data held by MGS in writing, and MGS reserves the right to charge an administration fee for processing such a request. If any data held by MGS is incorrect, it will be corrected on request. Please refer to the Privacy Policy for further information.
15. Miscellaneous
15.1 Title and risk of MGS products are transferred to the customer upon dispatch or embarkation by MGS to the customer's courier.
15.2 MGS reserves the right to make changes to the Website and these Terms and Conditions without notice. Any changes will operate prospectively from the time the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered prior to the publication date.
15.3 If any provision of these Terms and Conditions is void or unenforceable, it may be severed without affecting the enforceability of the remaining provisions.
15.4 The failure or delay by MGS to exercise a power or right under these Terms and Conditions does not constitute a waiver of that power or right. Moreover, the exercise of any power or right by MGS does not preclude its ability to exercise that or any other power or right in the future.
15.5 These Product Terms and Conditions and General Terms and Conditions pertain to the ordering, purchase, fulfillment, and delivery of MGS Products from www.melbourneglobal.com.au. They are subject to the laws of the State of Victoria, Australia, and must be interpreted accordingly. Both parties submit to the jurisdiction of the courts in the State of Victoria.
15.6 It is important to note that no MGS employee or agent holds the authority to modify any of the Terms and Conditions that govern any sale.