Introduction and Acceptance of the Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Mobilized GPS’ (hereafter also referred to as ‘We’ or the ‘Website’), belonging to the company Mobilized GPS, ABN 66773883647 (abn.business.gov.au)
Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express. written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and Mobilized GPS as they are used to protect your rights as a valued customer and our rights as a business.
Changes to the Terms of Service and the Website
Mobilized GPS is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
Access to the Website
We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for regular updating of products and for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Mobilized GPS by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using Mobilized GPS in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.
Mobilized GPS takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.
The prices indicated on Mobilized GPS are shown in Australian Dollars and include all taxes but do not include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.
Mobilized GPS currently offers two ways to pay for your order, Paypal and Bank Deposit. Both these payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (Mobilized GPS is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments. Please refer to Paypal for full terms and conditions of use.
Your order will be delivered to the address you indicated when your order was placed. The products bought on Mobilized GPS will be delivered to physical Australian addresses or to PO Box.
Mobilized GPS does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
Delivery times of your parcel(s) according to the carrier you have chosen. Carrier delivery times start from the moment you receive an e-mail confirming order dispatch. Dispatch and delivery times are given in working days.
All products:Please check your received order carefully for any anomalies or damage. If so, record these on the delivery voucher when signing for your goods, then contact us immediately by email to email@example.com to advise us this.Without prejudice and with respect to the applicable legal guarantees, we recommend that you address any reservations you may have pertaining to malfunctioning products on the date of delivery as quickly as possible.
To comply with the terms of the contract, products must:
1) Match the description given on the website.
2) Be suitable for the purpose usually associated with such a product, or be suitable with any other purpose required by the customer. The customer will have informed Mobilized GPS of the required purpose before placing their order, and Mobilized GPS will have formally confirmed the suitability of the product.
3) Have the features and purpose that customers would expect from such a product, given the product type and description on the website.
In the case of a lack of conformity, you shall be entitled to have the goods brought into conformity free of charge by repair or replacement. The legal guarantee concerning product conformity covers all latent defects discovered within 12 months from the date your product was delivered.
Whatever the problem with your product, we recommend you return it with the original proof of purchase attached after contacting us to eliminate softawre and programming faults.
The legal guarantee concerning product conformity does not apply in some cases:
– when damage is caused by external factors such as shocks, lightning, power surges, rust and sand.
– when damage is caused by the customer’s non-respect of the manufacturer’s instructions regarding the use and installation of the product.
– when damage is caused by the customer’s misuse of the product.
– when the customer is aware of damage to the product at the time of placing their order.
Manufacturers’ warranties for defective products: In addition to legal guarantees, some products sold on the website come with a manufacturer’s warranty. Manufacturers’ warranties vary in terms of length and coverage depending on the product and brand.
Manufacturers’ warranties do not cover:
– improper use of the product,
– damage resulting from repairs performed by non-certified technicians,
– damage caused by external factors such as accidents, internal or external shocks, lightning, power spikes, rust and sand.
Please read the user manual supplied with your product(s) carefully for the exact terms and conditions of the manufacturer’s warranty. Should the manufacturer not honour the terms of the warranty for any of the aforementioned reasons, Mobilized GPS will not be held responsible.
In cases where the manufacturer’s warranty is not applicable, the manufacturer will provide the customer with an estimate repair fee. If you would like your product(s) to be returned to you by the manufacturer without any repairs being carried out, administration charges may apply. Should you choose to abandon your product altogether, no additional charges will apply.
You have 3 months to accept or reject the quote and pay the amount due. If we do not hear from you within this time, we will assume that you have rejected the quote and abandoned your product. No compensation will be issued.
Our after-sales service will only attempt to send products to customers twice. If we are unable to deliver your parcel on both occasions, (i.e. parcel refused, delivery impossible, etc.) your product will be returned to Mobilized GPS’s logistics centre, where you’ll be able to collect it within 3 months. After this time, we will assume that you have abandoned your product, and Mobilized GPS will reserve the right to destroy your item. No compensation will be issued.
Faulty goods: If there is a fault with your product within 12 months of delivery (or other defects with your order), we will normally offer a prompt repair or exchange. You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. In all cases we reserve the right to inspect the product and verify the fault.
To qualify for a refund or exchange, the product must be in “as new” condition, and complete, with any accessories and free gifts offered with it (and, if possible, the original box and packaging). This warranty does not cover faults caused by accident, neglect, misuse or normal wear and tear. Any refund due to a fault or other defect will include a refund of the applicable delivery charge. We will also pay for our costs of collecting goods for replacement or refund. Replacement goods are sent by standard delivery only.
Mobilized GPS will not be held liable for poor use and its consequences on the products purchased from the Website. Although our Economy Range of Products have performance that is compatible with professional usage,Mobilized GPS Economy Range is not optimum for professional use.
Privacy and protection of personal data
All the content on Mobilized GPS website (illustrations, texts, names, brand names, images and videos) is the property of Mobilized GPS, its co-contractors or partners. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by Mobilized GPS. All information, content, files and software offered by our services is protected by International law concerning intellectual ownership and copyright.Mobilized GPS cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
Mobilized GPS will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
Waiver and Severability
Any failure of Mobilized GPS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Mobilized GPS, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Feedback & Comments
We welcome any comment, question and communication at firstname.lastname@example.org
Any opinions left on the Website by Mobilized GPS customers are screened and moderated by the marketing team. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Mobilized GPS reserves the right to refuse or modify it.