Terms of Use Terms of Use
These Terms & Conditions and notices contained herein govern your use of the Monster Mobiles service and website. Please read them carefully as they affect your rights and liabilities under law. If you do not agree to be bound by these terms and conditions, you may not use or access this website or use our services. If there is anything you do not understand please feel free to e-mail any enquiry.
Monster Mobiles gives no authority (whether implied or expressed) to link to or frame any of the content which appears on our website or to use a representation of the company's trademarks as a link button without the express agreement of Monster Mobiles.
Website Information
Monster Mobiles reserve the right to update these terms and conditions at any time. It is your responsibility as the user to check for such changes once modifications are applied to the Website. If you do not wish to accept the new terms and conditions you should not continue to use the Website or our services. If you continue to use the Website after the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms.
Our website design team will try to ensure that our site is always accurate through continual updates & checks. However, due to the rapidly changing nature of the mobile phone industry, we cannot guarantee the accuracy of information supplied, especially with the specifications, prices and special offers, which may change without prior notice to us. All care is taken in site listings however any misprints, omissions or mistakes are unintentional.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, error in pricing or product information received from our suppliers, or from unauthorized users altering the content of our website, Monster Mobiles shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. All prices are quoted in Australian dollars and are inclusive to GST unless otherwise stated.
Third Party Links
As a convenience to our customers, the Website may include links to other websites or material, which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites, nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
Security & Fraud Prevention
At the time of placing an order with us we will log your IP address and time of order, the information is sent securely via email to our servers. Should we be exposed to any potential fraudulent or criminal acts then this data will be passed on to the relevant authorities for further investigation. At Monster Mobiles we treat our, and our customer's, security and privacy with the utmost respect and will use the full extent of the law to protect this.
Privacy
Our policy is to keep the personal information we receive from our site completely confidential and used solely for internal purposes.
Monster Mobiles may disclose your personal information to other organisations:
· Involved in providing, managing or administering the products and services we offer, including third party suppliers, posting services etc,
· Involved in the payments system including financial institutions, merchants and payment organisations;
· As required or authorised by law and/or where you have given your consent.
Your personal information may also be used in connection with such purposes.
Product Information
Products offered by Monster Mobiles are sourced globally. Every product advertised on monstermobiles.com.au will have the details of the product’s general condition and warranty details.
Compatibility
Monster Mobiles is not responsible for any network dependent features and firmware related issue. Examples on network dependent features are MMS / GPRS / WAP / SMS / Messaging / Voicemail Indicator / Data Transfer / Network Frequency as well as any other device operations that have interaction with their service providers. Customers are responsible for ensuring the product’s compatibility with their network operator / service provider.
For safety handling and operation on the product, please consult the instruction manual that comes with the product refer to the manufacturers website.
Purchasing from Monster Mobiles
Upon registration and / or through the purchase or use of our website, product or service, you warrant that:
· You are legally over 18 years of age. MonsterMobiles.com.au is a general audience site and does not knowingly collect personal identifiable information from children under the age of 13 without verifiable parental consent. If you are under the age of 13, please do not provide personally identifiable information of any kind whatsoever. Monster Mobiles does not sell products to persons under the age of 18. If you are under the age of 18, you are required seek the consent of your parent or guardian to purchase products from this site.
· The personal information which you are required to provide when you register is true, accurate, current and complete in all respects;
· You are not impersonating any other person or entity
When purchasing from our website you are lawfully entering into a contract you must by law:
· Provide a delivery address
· Register accurate details e.g.: name, address, email, contact numbers and other details which may be required.
· Possess a valid debit / credit card issued by a brand acceptable to us
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Payment & Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. All orders and payments are to be placed online only, Monster Mobiles reserves the right at any time after receipt of your order to accept or decline your order for any reason. Monster Mobiles reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $199.00 (AUD) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
Monster Mobiles is a reseller to end user customers and does not accept orders from computer dealers, wholesalers, or other customers who intend to resell the products offered by Monster Mobiles.
Any offer/order for more than 3 units per address, customer or company may be rejected, and all orders are subject to review and acceptance by Monster Mobiles. As all prices are subject to change, your order may not be accepted or we may have to communicate price changes or availability issues to you after you place your order.
Orders: An order is not binding upon Monster Mobiles until it is accepted & approved by Monster Mobiles. Monster Mobiles must receive payment before we will accept, approve & process an order. Payment for product(s) ordered is due prior to shipment & back orders (pre-order).
Monster Mobiles only accept payments made by;
Monster Mobiles only accept payments made by;
· Credit or Debit Card (incurs an additional 1.5% fee)
· Direct Deposit
· Money Order, Cheques
· PayPal (incurs an additional 2% fee)
Please note orders have not been paid or process within 10 days will be automatically cancelled.
Product Availability
All items displayed on this website are subject to availability. If any product ordered is out of stock we will notify you within 2 working days of your order being received. We will advise you of the likely delay, and keep you fully informed of the estimated delivery date.
After you have successfully placed an order with us, you will receive an acknowledgement by e-mail of the order you have placed and a receipt will be in your package we advise you to save this for your records.
Order Confirmation
Shortly after your order is placed we may call to confirm your order details and delivery information.
Delivery
Total time is based on the amount of time it takes to get payment authorisation, order processing, and the transit time from the carrier. This can range from 24 hours to 10 days for in-stock items.
When purchasing from Monster Mobiles we guarantee we will ship your item within 7 working days. If due to unforeseen circumstances we cannot deliver your item on time we will try to contact you to make an alternative arrangement. We endeavour to complete all orders for goods within the 7 working day period subject to stock availability.
Shipping & Handling
Our shipping schedule is calculated on the actual weight of your shipment and the type of shipping service that we specify. Shipping and handling charges are included in the delivery fee on all orders placed with us. All orders are sent via a traceable carrier handled by a third party (e.g. via Australia Post or Courier).
By default, standard delivery of products/orders applies to the following:
· Free delivery services and / offers
· Discounted delivery fees
· Unpaid delivery services
Upgrades of delivery services such as same day delivery, and /or parcel insurance are available upon request at an additional fee.
Risk of loss
In no event shall Monster Mobiles be liable for delays or failure with deliveries caused by a third party e.g.: loss, theft or damages to any goods in transit on parcels with no insurance purchased
Title to products and risk of loss or damage during shipment passes from Monster Mobiles to the customer, upon shipment from the Monster Mobiles facility.
Note: All Articles may be subject to aviation security and clearing procedures. Articles may be carried by air and will be subject to aviation security and clearing procedure. Customer’s accepts liability for any costs, including customs or excise duty, which may be imposed by customs.
Refunds & Returns
All returned packages will be thoroughly inspected in accordance with our published inspection criteria, and determination will be made if eligibility requirements are met for credit, replacement, exchange or repair.
Monster Mobiles will process your refund request as expeditiously as possible according to Monster Mobiles internal processing procedures.
Returning a defective item
Unless otherwise specified, we gladly accept defective exchanges on products within 7 days of original invoice date. Monster Mobiles shall have sole discretion as to the credit method. We may issue a credit, ship a replacement product, exchange or we may repair the item and return it to you.
Manufacturer Restrictions
Some manufacturers or distributors have implemented returns restrictions that prevent Monster Mobiles from being able to accept returns or offer exchanges, replacements or credits on their products.
Non-Defective Returns
Returns of non defective items that are returnable by Monster Mobiles to product manufacturer or distributor may, at Monster Mobiles sole discretion, be accepted for return. Non defective returns may be subject to a 15%restocking fee and such returns will be for store credit or refund at Monster Mobile’s sole discretion within 7 days of original invoice date.
All products being returned must be 100% complete and must be packaged in original packaging. All packing materials, manuals, diskettes, CDs, digital media, blank warranty cards and other accessories and documentation must be included in the original packaging, as provided by the manufacturer. A return will not be processed, or a restocking fee may be charged in the event any item(s) included in the original shipment to you is not present in the returned package. Items sent for return consideration will be immediately denied and Monster Mobile’s return policy will not be honoured in the event that a return shipment is received by us improperly packaged, altered or physically damaged.
ALL ITEMS WILL BE INSPECTED AND TESTED UPON RECEIPT. There is no exception to this industry rule. This is to ensure the phone has not had liquid or deliberate damage. If the item is found to be faulty, we will send you the same model or another replacement. Any discrepancies including, but not limited to, the following list will result in the package being returned to the customer and credit or replacement will not be issued.
The following criteria will be followed in rejecting returns and refusing credit:
The following criteria will be followed in rejecting returns and refusing credit:
· Products which are improperly packaged
· Packages affixed with counterfeit label(s) or affixed with labels exhibiting tampering
· Products with any standard certification labels removed (UL listing, capacity, brand name, UPC code)
· Products or packages with barcode label removed
· Products with SERIAL NUMBER which does not match SERIAL NUMBER on package or invoice (Monster Mobiles maintains serial number tracking)
· DAMAGE: Cracked components or damage to any circuit boards
· DAMAGE: Any dents, scratches, defacement or abuse of base casting
· DAMAGE: Torn or punctured tape seals
Return Authorisation Number
Returns will not be accepted without a valid Return Authorisation (RA) number. RA numbers will expire after 14 days. Any return we receive without an RA number will be documented and returned to you.
Ship and Insure Your Return
We strongly recommend that you fully insure the package you are returning. This is for your protection, in the event of the package being lost or damaged in transit. Monster Mobiles shall not be responsible for items returned that are lost or damaged in transit. Postage and handling charges both to and from our facility will be paid by you, the customer, and is non-refundable. Alternatively you may include a pre-paid satchel with your items to be returned. Parcel Insurance is available for purchase at an additional fee.
At our discretion Monster Mobiles may reimburse shipping charges related to the exchange of defective products.
NON-DEFECTIVE RETURNS MAY BE SUBJECT TO A 15% RE-STOCKING FEE and such returns will be for store credit or refund at Monster Mobile’s sole discretion within 7 days of original invoice date.
If your return does not qualify: In the event that the product you are returning does not meet the requirements described under our terms and conditions, we will take a sample photograph of the item, and prepare a detailed summary of our determination to deny the return. The merchandise will be returned to you.
Warranties
Products sold by Monster Mobiles are not manufactured by Monster Mobiles. The product may, however, be covered by each manufacturer’s or distributor’s warranty, service, and support policy if any. Monster Mobiles assigns and passes through to the customer any warranty of the manufacturer or distributor, in the event of faulty workmanship.
Types of Warranty:
Manufacturer: The Warranty & Returns Process is handled by the manufacture and/ or service centres. Contact the manufacturer or service centre of your product for service & returns information. Products are required to be returned to the service centres.
Distributor: The Warranty & Returns Process is handled by the product distributor, agent or store of purchase. Contact the distributor or agent of your product for service & returns information.
Please note the replacement of the product or a part does not extend or restart any Standard Warranty period. Monster Mobiles aggregate liability in respect of all claims under the Standard and Extended Warranty shall not exceed the original purchase price of the Product or, at our sole option, the cost of replacing the Product. The servicing centre is a separate service entity, and it, not Monster Mobiles, is responsible for its acts and / or omissions.
Warranty Returns:
For a speedier service please contact product manufacturer and/ or distributor for warranty service. In some cases Monster Mobiles may be able to assist with warranty process by contacting the manufacturer on your behalf and/or forward the product to the distributor for warranty work.
If you are returning the product to Monster Mobiles for warranty assistance, please send it appropriately packaged to protect a sensitive consumer electronics product, together with a copy of your purchase receipt. Postage and handling charges, to and from our facility will be paid by you, the customer, and is non-refundable. We strongly recommend that you fully insure your item. This is for your protection, in the event of the package being lost or damaged in transit.
Additional delivery services such as same day delivery and Parcel Insurance are available for purchase upon request at an additional fee.
Please note Monster Mobiles cannot be liable for lost or damaged items where no additional insurance was purchased. By default, repaired or replaced items are sent via a traceable carrier if you do not include a pre-paid satchel with your return, or if additional insurance was not purchased.
Promotions
By entering our competitions you agree that your personal details may be used for future promotions held by Monster Mobiles. Under no circumstances will your information be distributed without your permission. All information is kept private and confidential. Competition winner’s name will be published on our website: monstermobiles.com.au. All winners will have 7 business days to make contact with us to claim the prize. If no contact was made from the winner within the given timeframe, the prize(s) will be forfeited and the next draw will be conducted.
Limitation of liabilities
- In no event shall Monster Mobiles be liable for delays or failure with deliveries caused by a third party e.g.: loss, theft or damages to any goods in transit on parcels with no insurance purchased
- Any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, arising out of or in connection with the purchase, use or performance of the goods
- Monster Mobiles has no obligation to provide technical support on products we sell; however we will try our best to answer all technical questions to the best of our knowledge. Please contact the manufacturer or your service provider directly for technical and product assistance or email us.
- You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
Disputes Resolution
By using or accessing our website and services, you and Monster Mobiles agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from Monster Mobiles. You ‘The Customer’ also agrees not to bring any legal action, based upon any legal theory including contract, tort, and equity or otherwise, against Monster Mobiles.
Should you wish to make a suggestion please write to us at:
Attention: The Manager
PO Box 6401 Wetherill Park BC NSW 1851 Australia
We will endeavour to provide follow up where necessary.