About these Terms and Conditions of Sale
This website is operated by MSport Design Pty Ltd (ABN 76 079 370 835) (us, we, our).
These Terms and Conditions of Sale set out the terms by which we will agree to supply you with the products advertised on this website from time to time. Whenever you purchase a product via this website, you must first agree to these Terms and Conditions of Sale.
These Terms and Conditions of Sale are subject to variation without notice and will apply as varied from time to time to all subsequent purchases.
As an individual intending to acquire products for personal, domestic or household use, you may use the features and functionality offered on this website to purchase products.
You must not use this website to purchase products if you intend to on-supply them to other parties in trade or commerce (see our corresponding right regarding order cancellation in section 6 below). If you wish to enquire about being supplied with commercial quantities of our products for you to on-sell them, please contact us at [insert relevant email/hyperlink to online query form].
You must not purchase products via this website if you under 18 years old (although your parent/guardian may be able to do so).
Prices and descriptions of products
All prices on this website are displayed either in your local currency or US dollars (at our discretion) and are subject to change without notice.
Prices in Australian dollars include GST.
Prices are displayed exclusive of delivery charges to your location. Delivery charges applicable to your circumstances will be calculated during the online checkout process for your purchase. You need to confirm your acceptance of these calculated charges before we can finalise your order.
Payment and security
We only accept payments by credit cards from Visa and MasterCard and payments by PayPal.
Depending on your location, you may have to pay additional exchange rate costs and fees as charged by your credit card issuer or PayPal. If you are outside Australia, you may also be liable to pay import duties, levies and taxes. All costs associated with exchange rates and import clearance must be borne by you and we will not be liable for any such costs.
This website uses Secure Sockets Layer (SSL) technology software for information transmission. Information submitted through this website (including your credit card details) is encrypted using the same 128-bit security commonly used by banks. For your protection, purchases made using your credit card may be delayed slightly to allow us time to check your billing information with your financial institution.
Despite these security measures, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by you as a result of any fraudulent or unauthorised use by another person of your payment method details (including your card details).
We deliver to street postal addresses in many locations throughout the world. A full list of the locations we deliver to is available during the online checkout process for your purchase.
We deliver only by our nominated carrier(s). We may change our nominated carrier(s) from time to time without notice. The carrier applicable to your circumstances will be identified during the online checkout process for your purchase. You need to confirm your acceptance of this carrier before we can finalise your order.
Depending on the carrier applicable to your circumstances, we may provide tracking details when we confirm your order has been dispatched.
Our nominated carrier(s) will generally require a signature from you before you take delivery of your products.
Delivery times will vary depending on your delivery location. Please note that while we take all reasonable steps to ensure your product is delivered in a timely manner, delays may occasionally occur as a result of our carrier which we have no control over. If any delay is caused by an event out of our reasonable control or foresight (including delay caused by us receiving an incorrect delivery address), we will not be liable for any loss or damage incurred by any person as a result of such delay.
You will be solely responsible for arranging import clearance into your country for delivery of all products you order via our website.
You may not cancel any order after you have been charged in accordance with your relevant payment method.
We reserve the right to cancel your order prior to delivery if:
- you provide erroneous or insufficient information in relation to your payment method, billing details (including if the billing details you provide are different from the details your financial institution has on record) or shipping address;
- we know or suspect that you intend to on-supply the products to be delivered to other parties in trade or commerce; or
- we know of or suspect any fraudulent or dishonest activity in relation to your order.
In these cases, we may also refuse to accept subsequent orders from you.
We offer a limited 2 year warranty covering design and manufacturing defects in products available via this website.
Please contact us at [insert relevant email/hyperlink to online query form] for assistance regarding specific claims under our warranty.
If we receive a valid claim from you during the warranty period we will either, at our option:
- repair the product defect at no charge, using new or refurbished parts that are equivalent to new in performance and reliability;
- exchange the product with a product that is new or refurbished that is equivalent to new in performance and reliability and is at least functionally equivalent to the original product; or
- refund the purchase price of the product.
Our warranty does not apply:
- to customers outside Australia:
- to shipping freight, labour and insurance costs;
- to minor cosmetic damage, including but not limited to scratches and dents;
- to damage caused by use with third party products;
- to damage caused by incorrect assembly, inappropriate service or maintenance, accident, abuse, misuse, liquid contact, fire, flood, earthquake or other external causes;
- to damage caused by operating the product outside the permitted or intended uses described by us;
- to a product or part that has been modified to alter functionality or capability without the our written consent; or
- to defects caused by normal wear and tear or otherwise due to the normal aging of the product.
We may also request that you replace defective parts with user-installable new or refurbished parts that we provide in fulfillment of our warranty obligations.
Please note, our warranty is provided in addition to the consumer guarantees referred to in section 8 below.
Our returns policy
We do not offer any refunds or exchanges if you change your mind about a purchase.
If you take delivery of a product which is defective or was wrongly described on our website at the time of purchase, we will refund, exchange or repair the product in accordance with the consumer guarantees provided under the Australian Competition and Consumer Act 2010 (Cth).
Please contact us at [insert relevant email/hyperlink to online query form] for assistance regarding specific product return enquiries.
Questions and complaints
If you have any questions or feedback on any of the products advertised on this website, please contact us at [insert relevant email/hyperlink to online query form]. We greatly value our customers’ thoughts, which can help us to develop new and improved products for the future.
If you have a complaint regarding a specific order via this website, please contact us at [insert relevant email/hyperlink to online query form].
General legal matters
General limitation of liability
Except as provided in these Terms and Conditions of Sale and to the extent permitted by law, we are not responsible for direct, special, incidental or consequential damages resulting from breach of any warranty or other provision of these Terms and Conditions of Sale (except in relation to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions).
These Terms and Conditions of Sale are governed by the laws in force in the State of Victoria, Australia and you must submit to the non-exclusive jurisdiction of the courts of the State of Victoria including the Federal Court of Australia.
This website is intended for access throughout the world. We make no representations that our website or any content, material or information on our website complies with the laws of any country which is not Australia. If you access our website from outside Australia, you do so at your own risk and you are solely responsible for complying with the laws in the place from where you access our website.
Inability to carry out obligations
If we are unable to perform any or all of our obligations under these Terms and Conditions of Sale by reason of an event which is not reasonably within our control including without limitation omissions or impositions by federal or national government authorities, fire, flood, earthquake and other natural disasters, acts of god, war, revolution, strike, fuel shortages and shortage of raw materials, we are relieved of those obligations to the extent and for the period that they are unable to be performed.
Our employees and agents
None of our employees have the authority to vary any of these Terms and Conditions of Sale.
The provisions of these Terms and Conditions of Sale will be deemed to be severable and any invalidity of any provision of this agreement will not affect the validity of the remaining provisions of this agreement.
Transaction by minors
If we suffer any damage or loss as a result of a person who is under 18 years old entering into (or purporting to enter into) a transaction via this website, we reserve the right to seek compensation from any parent/guardian of that person.
Any delay or failure by us to enforce any rights under these Terms and Conditions of Sale does not constitute waiver.