You authorize Mobile Expert to perform the work described in the Service Estimate (“Service”) on the device identified on the front of this Service Authorization/Receipt (“Your Device”), subject to these Terms and Conditions. If Your Device is under any applicable manufacturer’s warranty, then the terms of Mobile Expert’s Limited Warranty (see below) also apply and will control if there is any conflict with these terms. In particular, if the Warranty Status of Your Device shown on the front of this Service Authorization is “In Warranty” and Mobile Expert determines on further inspection that the issue with Your Device is not covered by the Limited Warranty (for example, there is damage due to exposure to liquid), then additional charges not shown in the Service Estimate may apply. In that case, Mobile Expert will notify you of the additional charges prior to starting work on your device. Service on Your Device will not begin unless and until you authorize the additional charges. If you receive a loaner device to use while Your Device is being Serviced, and you lose or damage that Loaner Device, you will be charged and liable for the retail price of the Loaner Device.
Data on Device:
You are solely responsible for backing up any data on Your Device and deleting, encrypting or otherwise protecting your data from unauthorized use. Mobile Expert will not back up or restore your data and is not responsible for any data that is lost or corrupted. Mobile Expert will treat data on your device as confidential to best of its capacity and disclaims any agreement with you or other obligations to do so.
Mobile Expert Responsibilities & Limited Warranty:
Mobile Expert may use rebuilt, reconditioned, or new parts or components when repairing Your Device. Repaired/replaced cases, pouches and holsters will be warranted for a period of ninety (90) days. All other repaired/replaced devices will be warranted for a period equal to the remainder of the applicable manufacturer’s original Limited Warranty on the original device, if any, or for ninety (90) days (or one year for all applicable “premium” and “premium plus” repairs), whichever is longer. If Your Device should malfunction, it must be returned to the Mobile Expert store or service center for evaluation, and all costs of shipping will be borne solely by the purchaser. Mobile Expert's customer service department will diagnose the repair upon receipt. Upon examination by Mobile Expert, if Your Device is found to be defective it will be repaired based on the warranty coverage applicable to the device. This warranty does not apply to defects resulting from any action by you, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, improper repair by someone other than Mobile Expert, use of any other product other than Mobile Expert products, or unauthorized modification. This warranty is VOID if Your Device shows evidence of having been tampered with (broken seal) or shows evidence of being damaged as a result of excessive corrosion; or current, heat, moisture or vibration; improper specification; misapplication; misuse; abuse or other operating conditions outside of Mobile Expert's control. Software warranty applies to factory restores, backups, jailbreaks, unlocks, and applies to computers, laptops, cellular phones, etc. The warranty is VOID if customer performs any software modifications not limited to restore, updating software on the device, downloading unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Mobile Expert. Mobile Expert employees reserve the right to VOID its warranty if any improper software installations or modifications have been made after customer has left the store location. Unless otherwise required by law, all replaced devices, parts, components, boards and equipment will become the property of Mobile Expert, and you waive all rights you may have under state or other laws to the replaced device or repaired or replaced parts. Subject to paragraph 2 above regarding data, Mobile Expert will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Mobile Expert’s possession for Service. If Your Device is lost or damaged while it is in Mobile Expert’s possession for Service, Mobile Expert will repair Your Device or replace it with an equivalent device, which at Mobile Expert’s option may be new or refurbished. If you fail to pick up your device or otherwise arrange for its return after repeated efforts to contact you, after thirty (30) days following the completion of repairs Mobile Expert will treat the device as abandoned and may dispose of the property in its sole discretion in accordance with applicable provisions of law, including sale to recoup administrative and repair costs.
LIMITATION OF LIABILITY/INDEMNITY:
THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF Mobile Expert’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY Mobile Expert IN CONNECTION WITH THE SERVICE ON YOUR DEVICE. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY. IN NO EVENT WILL Mobile Expert BE LIABLE FOR DAMAGES IN EXCESS OF THE TOTAL AMOUNT DUE FOR THE SERVICE, INCLUDING WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. Mobile Expert IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSE BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. YOU AGREE TO INDEMNIFY Mobile Expert FROM AND AGAINST ANY CLAIMS BROUGHT AGAINST IT ARISING FROM YOUR BREACH OF APPLICABLE LAW OR THESE TERMS AND CONDITIONS.
No agent, employee, dealer, representative or reseller is authorized to modify these Terms and Conditions, to extend the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Mobile Expert regarding the Service.
You and Mobile Expert agree that it is our intention that these Terms and Conditions be enforceable in accordance with their terms to the fullest extent permitted by law. You and Mobile Expert agree that if any portion of these Terms and Conditions are adjudged by a court or arbitrator to be invalid or unenforceable, that adjudication will not invalidate the remainder of these Terms and Conditions and they will be fully enforceable.
To the extent permitted by applicable law, these Terms and Conditions state all terms agreed by the parties and supersede all other agreements by the parties relating to its subject matter.
Meta - Data
You understand and agree Mobile Expert will collect Meta - Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by Mobile Expert to enhance and improve this process, may be shared with Mobile Expert affiliates, and will not be distributed further without your consent. Data types that may be collected from your device include: device phone number, device model number, device IMEI, device serial number, downloaded applications & their respective settings and host applications & their respective settings.
Applicable Law & Dispute Resolution:
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions will be governed by the laws of the State of Queensland, Australia without reference to its choice of laws principle; ALL DISPUTES WITH Mobile Expert ARISING IN ANY WAY FROM THE SERVICE, INCLUDING THE ISSUE OF ARBITRABILITY, WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute will not be combined or consolidated with a dispute involving service provided to any other person or entity, and specifically, without limitation of the foregoing, will not under any circumstances proceed as part of a class action or class arbitration. The arbitration will be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The venue for all arbitrations will be in Brisbane, Queensland, Australia. The arbitration will be conducted according to the Australian Consumer Law will be applicable to consumer disputes and is entered pursuant to the Australian Consumer Law. The arbitrator will decide all issues of interpretation and application of this arbitration provision and the Terms and Conditions. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This arbitration provision also applies to claims against Mobile Expert’s employees, representatives and affiliates if any such claim arises from the Service.
You may opt out of this dispute resolution procedure by providing notice to Mobile Expert no later than 30 calendar days from the date of this Service Authorization. To opt out, you must send notice by e mail to info@Mobile Expert.com.au, with the subject line: “Arbitration Opt Out.” You must include in the opt out e mail (a) your name and address; (b) the date of this Service Authorization; (c) the model name or model number of Your Device; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the Product box; (ii) on the Product information screen, which can be found under “Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable). Alternatively, you may opt out by calling +61 420268712 no later than thirty (30) calendar days from the date of this Service Authorization and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the Service or the Limited Warranty above for parts and labour, and you will continue to enjoy the benefits of the Limited Warranty.
Personal information you provide on this form (such as an e-mail or mailing address) will be used only to fulfill the service you have requested; Mobile Expert will not sell, rent, or otherwise disclose such information (except as needed to Mobile Expert service vendors) without your prior approval.
Website Terms and Conditions
The Use of this Website is Subject to the Following Terms of Service:
Mobile Expert offers this website (www.Mobile Expert.com), including all information, software, products, and services available from this website or offered as part of or in conjunction with this website, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on this website.
Your continued use of the website constitutes your agreement to all such terms, conditions, and notices, and any changes to this Terms of Service made by Mobile Expert.
The term” Mobile Expert” or “us”, “we”, or “our” refers to the owner of this website. The term “you” refers to the user or viewer of this website.
Use the website at your own risk. This website is provided to you "as is" without warranty of any kind either express or implied. Neither Mobile Expert nor its employees, agents, third-party information providers, merchants, licensors, or the like warrant that the website or its operation will be accurate, reliable, uninterrupted, or error-free. No agent or representative has the authority to create any warranty regarding the website on behalf of Mobile Expert. Mobile Expert reserves the right to change or discontinue at any time any aspect or feature of the website.
LIMITATION OF LIABILITY:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we will not be liable. It will be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Terms of Service.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages, be a criminal offense, or both.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s).
Except for material in the public domain under Australian copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls and other code) is protected by Australian and foreign copyright laws. Except as otherwise expressly provided in this Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the website without the prior consent of Mobile Expert.
None of the material contained on the website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold, or redistributed without the prior written consent of Mobile Expert. Violation of this provision may result in severe civil and criminal penalties.
Changes to Terms of Service
Mobile Expert reserves the right, at any time, to modify the terms this Terms of Service, by making those modifications available on this website or by providing notice to you. Any modification will be effective immediately upon posting on this website or other such notice. You are deemed to have agreed to such modification through your continued use of the products or services.
Waiver and Severability
Mobile Expert’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the invalidity of such provision will not affect the remaining provisions of these Terms of Service, and all provisions not affected will fully remain in full effect possible consistent with the intent of the parties.
Website Terms of Sale
TERMS AND CONDITIONS FOR GOODS SOLD BY Mobile Expert FROM Mobile Expert.COM.AU
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Mobile Expert (“Mobile Expert”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from Mobile Expert.com.au/. By placing an order for Goods from Mobile Expert you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option; “International Delivery Charges” has the meaning given in Section 3.5;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Pre-Orders” means an Order placed for a product (e.g. Phone Accessory, Computer, Mobile Phone) prior to the official release date of that product;
“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age;
“Selected Delivery Option” has the meaning given in Section 9.7; and
“Website” means Mobile Expert.com.au/.
2. YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Mobile Expert represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. PRICING & TAXES
3.1 Prices for Goods are as shown on the Website.
3.2 Mobile Expert reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Mobile Expert.
3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). If you live in an area to which an Additional Delivery Charge will apply Mobile Expert will contact, you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Mobile Expert will cancel your Order. Mobile Expert will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
3.5 If Mobile Expert agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
3.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
3.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
4. YOUR ACCOUNT
4.1 If you do not already have an Account you will need to create one before placing an Order.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Mobile Expert that all information provided by you in relation to your Account is complete, true and accurate
4.4 You must notify Mobile Expert immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Mobile Expert will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account, which takes place before you notify Mobile Expert, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If Mobile Expert suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account, which takes place before you notify Mobile Expert then you must pay Mobile Expert the amount of that loss, damage, cost or expense if Mobile Expert asks you to.
5.1 You can place an Order by following the instructions on the relevant Mobile Expert website.
5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Mobile Expert may accept or reject your offer in its absolute discretion. In particular, but without limitation, Mobile Expert may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods, please contact Mobile Expert.
5.3 Each Order that you place will, if accepted by Mobile Expert, be a separate and binding agreement between you and Mobile Expert with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Mobile Expert with their personal information and, by placing an Order, you confirm to Mobile Expert that you have done this.
5.5 Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods, you warrant to Mobile Expert that you are:
(a) 18 years of age or older, where you Order products that are classified R18+;
(b) 15 years of age or older, where you Order products that are classified MA15+.
When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
5.6 For “Factory Scoop” Goods, a limit of one per customer applies.
5.7 Please ensure that you enter all information carefully when placing an Order. You warrant to Mobile Expert that all information provided by you in relation to each Order is complete, true and accurate.
5.8 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Mobile Expert. Mobile Expert will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.9 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Mobile Expert will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Mobile Expert, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.10 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Mobile Expert cannot consolidate separate Orders into one delivery.
5.11 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.
5.12 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
5.13 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.14 You must take your own precautions to ensure that the process which you employ 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, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.15 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Mobile Expert will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
6.1 When you submit an Order you will receive an Order reference number via e-mail.
6.2 Mobile Expert will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by Mobile Expert when Mobile Expert does this, however Mobile Expert may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. If Mobile Expert cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1. This Section 6.2 does not apply for Pre-Orders which you are paying for by credit card.
6.3 If you are paying for a Pre-Order by credit card, Mobile Expert will take a $1 pre-authorisation from your card when, or shortly after, you place your Order. However, actual payment is not taken at this time and is made in accordance with clause 6.4 below
6.4 If you are paying for a Pre-Order by credit card, Mobile Expert will take payment for your Order immediately before dispatch of the Goods to you. Your Order is deemed to be accepted by Mobile Expert when Mobile Expert does this.
6.5 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 6.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly PayPal processes the cancellation. For Mobile Expert Gift Card payment, the time that it takes for the refund to take effect is likely to be between 5-10 days.
6.6 When Mobile Expert accepts an Order it represents an agreement by Mobile Expert to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.7 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account or by Mobile Expert Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, Mobile Expert may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise Mobile Expert to deduct the price and the applicable delivery charge(s) from such card.
6.8 Mobile Expert reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.9 Mobile Expert may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Mobile Expert reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.10 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. CANCELLATION OF ORDERS
7.1 Mobile Expert reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Mobile Expert may do this for example, but without limitation, where:
(a) Mobile Expert’ suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Mobile Expert’ control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Mobile Expert is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask Mobile Expert to cancel your Order in accordance with section 5.8; or
(e) in the circumstances set out in Sections 3.4 or 6.9.
7.2 You may cancel your Order where Mobile Expert:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside Mobile Expert’ control including the situations set out in Sections 7.1(a) and (b) above.
7.3 Where Mobile Expert cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
7.4 In the event of Mobile Expert or you are cancelling your Order after payment has been processed, Mobile Expert will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.
7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Mobile Expert will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. AVAILABILITY OF GOODS/REFURBISHED STOCK
8.1 As Mobile Expert is dependent upon its Suppliers to provide stock, Mobile Expert cannot always guarantee availability. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Mobile Expert reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Mobile Expert will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.
9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will generally only be delivered to addresses within Australia. Mobile Expert is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order through the website. Mobile Expert may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.
9.3 Where requested, Mobile Expert will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Mobile Expert will call you to arrange an alternative delivery address.
9.4 Following dispatch of your Goods, Mobile Expert will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:
(a) take your Goods to our delivery service provider’s local depots;
(b) take your Goods to a Mobile Expert nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or
(c) re-deliver your Goods to your delivery address at a later date.
You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.
9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Mobile Expert will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.
9.7 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. Mobile Expert will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.
9.8 Mobile Expert’ arrangements with its suppliers means that Mobile Expert is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. Goods ordered within 7 days prior to the official release date may not be despatched until after the official release date.
10. PICK-UP OF GOODS IN STORE – “CLICK AND COLLECT”
10.1 Many Goods can be picked up from a Mobile Expert store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.
10.2 Only the relevant Mobile Expert Account holder may pick-up in-store Goods ordered on that Account.
10.3 If you choose to pick up your Order in store, your Order should be available for pick up in store:
- 2 hours after your Order has been confirmed if your Order is confirmed more than 2 hours before the close of trading hours for the nominated collection store; or
- the next business day if your Order is confirmed less than 2 hours before the close of trading hours for the nominated collection store.
10.4 When picking up Goods in store:
(a) you must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that you are the purchaser. If requested, you must allow Mobile Expert to take a copy of this identification for fraud prevention purposes. The copy will not be used by Mobile Expert for any other purpose or disclosed to any person outside of Mobile Expert;
(b) store staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;
(c) you will also need to bring the email that Mobile Expert has sent to you confirming that the stock is available for pick-up; and
(d) store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event Mobile Expert will contact the person who placed the Order using the contact details provided.
10.5 In respect of the estimated time for collection, references to “same day” or “next day” on the Website exclude public holidays where Mobile Expert does not trade in the State or Territory of your nominated collection store.
11. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
11.1 You agree and acknowledge that:
(a) Mobile Expert does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 9.7 - 9.8 or 10.3 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by Mobile Expert or any of its staff;
(b) stock availability and events outside Mobile Expert’ control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Mobile Expert nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. GIFT CARDS
12.1 The terms and conditions for Mobile Expert gift cards can be found on Mobile Expert website.
13. REFUNDS OF YOUR MONEY
13.1 Where Mobile Expert is obliged to refund your payment pursuant to these Terms and Conditions, Mobile Expert aims to initiate your refund within 2 business days (Monday – Friday 9 a.m. to 5 p.m. AEST). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if Mobile Expert is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
13.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Mobile Expert will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
14. RETURNS/FAULTY OR DAMAGED GOODS
14.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact Mobile Expert as soon as possible.
14.2 If you have a problem with any Goods or otherwise wish to return them please refer to Mobile Expert’s return policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any Mobile Expert store, you can also contact us on Mobile Expert.com.au/.
14.3 When returning Goods:?
(a) please provide Mobile Expert with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
14.4 You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
15. MORE INFORMATION ABOUT Mobile Expert’S LIABILITY TO YOU
15.1 To the full extent permitted at law, Mobile Expert is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
17. ADDITIONAL TERMS AND CONDITIONS
18.1 Mobile Expert reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
18.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
18.3 These Terms and Conditions are governed by the laws of Queensland, Australia.