Loading... Please wait...

$12 Delivery Sydney-Central Coast-Wollongong

Our Showroom
Unit 2 10 Rodborough Rd Frenchs Forest 2086

Terms and Conditions

Company Information

Trading Name: Lovedays  (Mobiquip Australia Pty Ltd)
ABN: 16624065158
Trading address: Unit 2  10 Rodborough Rd Frenchs Forest
Contact phone number: (02) 99391670
 

Email address: sales@mobiquip.com.au

Mobiquip Online Sales and Website Accuracy Agreement

1. Ordering

1.1 Contract formation. The seller’s website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The seller’s acceptance of the buyers’ order occurs (and the contract is formed) when the goods are dispatched to the buyer.

1.2 Order Process. The buyer may order products from the seller by completing and submitting the checkout process on the seller’s website. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the order.

1.3 The seller has discretion in rejecting orders. No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.

2. Prices

2.1 Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in Australian dollars (AUD). Any currency conversion will take place online at the rate applicable at the time of purchase.

2.2 Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.

2.3 The seller may vary any prices on the seller’s website at any time and without notice to the buyer.

3. Availability and Cancellation

3.1 Availability. All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.

3.2 Cancellation of orders. Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.

3.3 Delivery. Once the seller has confirmed acceptance of the buyer’s order, the seller will endeavour to dispatch the buyer’s order within 3 business days unless a different timeframe is specified in relation to a particular product. If the seller is unable to dispatch the buyer’s order within the time frame specified, the seller will endeavour to contact the buyer and advise the buyer of the expected dispatch date.  Minimum delivery charges notified on this website only apply to small items - larger items will naturally incur a higher delivery fee.

3.4 Mobiquip reserves the right to charge freight where a delivery address is in a remote location which is not serviced by the company’s normal freight service. The customer will be consulted prior to applying such charges.

3.5 The seller reserves the right to dispatch the buyer’s order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered.

3.6 Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.

3.7 The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers’ delivery instructions.

4. Shortages, Damages or Loss in Transit

4.1 Liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where the buyer believes that there is a shortage in the quantity of products delivered, the buyer must notify the seller of any such claim within 7 days of delivery and must provide the seller with a reasonable opportunity to investigate that claim.

4.2 Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier by noting damage on the carrier’s note in the prescribed manner.

4.3 No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.

5. Return of Goods for Credit or Refund

5.1 Please select your items carefully. Goods supplied in accordance with the buyer’s order can only be returned with the express approval of the seller, noting:

5.1.1. If you got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it, no refund or return will be approved by Mobiquip Australia. This complies with ACCC guidelines.

5.1.2. That for reasons of hygiene control and cross infection, our returns policy does not allow the return of personal use products.

5.1.3. Special order products cannot be returned except where the item is faulty.

5.2 Requests to return goods must be submitted within 7 days from the date of shipping and the original invoice number must be quoted. Where a return is requested outside this time-frame it will not be accepted.

5.3 Where goods are accepted (for credit or refund at the seller’s discretion) they must be delivered at the buyer’s expense into the seller’s store or warehouse in brand new condition and properly packaged. Returned products are the buyer’s responsibility until they reach the seller. The seller shall not be responsible for misdirected shipments or products lost or damaged in transit. If a product shows signs of having been opened, no credit or refund will be issued.

5.4 The seller reserves the right to levy a restocking fee against all returns the seller may agree to accept. Such fees 20% of the invoice priced and levied at the seller’s absolute discretion.

5.5 Any refunds (at the seller’s discretion) will be refunded in the form of the original payment method used by the buyer.

5.6 This policy does not affect your statutory rights for damaged or faulty goods.

6. Liability and Maintenance Guarantee

6.1 To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

6.2 To the maximum extent permitted by law, the seller’s liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.

6.3 To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.

6.4 In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such warranties.

6.5 At the termination of the appropriate period (i.e. guarantee period) all liability on the seller’s part ceases.

6.6 The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.

6.7 The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.

7. Errors or Omissions

7.1 The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller’s administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller and give the buyer the option of returning the goods for a full refund.

8. Ownership and Risk

8.1 Ownership of all goods sold by the seller (“the goods”) is retained by the seller until the seller has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.

8.2 Until full payment is made the buyer agrees to enable the goods to be readily identifiable as the property of the seller and maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.

9. Risk

9.1 Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility for and risk in the products.

10. Description of Products

10.1 Modifications and improvements to the seller’s products, prices and data are constantly being made.

10.2 Although the seller has endeavored to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.

10.3 The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller.

10.4 If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take the appropriate action.

10.5 The buyer understands that items ordered online may require assembly.

11. Force Majeure

11.1 The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside the seller’s reasonable control.

12. Compliance

12.1 The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.

13. Changes to these Conditions of Use

13.1 The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller’s website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.

14. Severability

14.1 If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

15. Governing Law

15.1 These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by the laws of New South Wales.