Terms and Conditions
TERMS AND CONDITION (updated January 2013)
All prices are listed in Australian Dollars
I confirm that I am ordering the correct Product, format, edition, quantity and of the items in my shopping cart.
These Terms and Conditions and any document(s) referred to in them constitute the entire agreement about Melomys's supply of the Products and Services to the Customer and supersedes all prior understandings, arrangements, representations and agreements.
1. Definitions
In these Terms and Conditions:
"Customer" means the person, business, company or other legal entity that is the purchaser of the Products and Services;
"Melomys" is the supplier.
2. Orders
Melomys may contact any order placed by the Customer if there is an insufficient supply of Products which prevents Melomys from being able to fulfil such order.
Melomys will not be bound by any terms and conditions attaching to the Customer's order and, unless those terms and conditions are expressly agreed in writing by an authorised representative of Melomys, the Customer.
3- Inspection and acceptance of products
The Customer must inspect all Products upon pickup from Melomys or delivery to the Customer's premises. Unless the Customer notifies Melomys of any matter by which the Customer alleges that the Products are not in accordance with the Customer's order on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be enProductd to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by Melomys.
4. Product and risk
Products supplied by Melomys to the Customer will be at the Customer's risk immediately upon delivery of the Products to a recognised carrier for transport to the Customer or into the Customer's custody and control (whichever is the sooner).
Product in the Products supplied by Melomys to the Customer will not pass to the Customer until those Products and any other products supplied by Melomys to the Customer have been paid for in full.
If the Customer has breached these Terms and Conditions (including any payment obligations) or the terms of any relevant Sales Contract, the Customer authorises Melomys, at any time, to enter onto any premises upon which Melomys's Products are stored to enable Melomys to reclaim the Products.
5. Return policy and limited Warranty against defects
Every third party product you buy from Melomys is backed first by the product manufacturer's warranty. Melomys's 7 day limited warranty against defects, may also apply.
Melomys's 7 day limited warranty is a defective exchange policy that provides for either repair or replacement (at our sole discretion) of merchandise that has been confirmed as defective by either the manufacturer or Melomys.
After 7 days the product manufacturer warranty is the only warranty in effect. Terms and conditions may vary by product or manufacturer. Melomys will assist customers whenever possible in gaining satisfaction with product manufacturers. For assistance or to exchange a defective product, please contact Melomys in wirtting and send you letter to info@melomys.net.au or post it at PO BOX 222, Moggill QLD 4007.
Products returned for exchange must be in new condition, original packaging and include all disks, registration cards, packing materials and other accessories and be received within 7 days of the invoice date. We reserve the right to refuse for return or charge a restocking fee for damaged or incomplete returns.
Each claim for the return of Products by the Customer will be dealt with in accordance with the Returns Policy. Any substitute Products to be shipped to the Customer in accordance with the Returns Policy will be sent by Melomys to the Customer by ordinary freight pre-paid. If the Customer requests that the Products be sent by means other than ordinary freight, the extra cost of such accelerated or special freight must be paid by the Customer.
Melomys will not be liable for any damage or defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorised repair of Melomys's Products.
The provisions of this clause 5 do not extend to any Products which have been added to, modified, varied or changed by any person or party other than Melomys.
6. Refund policy
As Melomys, we believe in being fair to our customers. If you are not satisfied with a product you purchased from us and you return the product with the original receipt or invoice within 7 days of invoice date, you may exchange the product or receive a refund less any associated cost, such as freight and re-stocking fee, except as explained below.
1. For items in their original, unopened and undamaged packaging, a credit will be issued for the original purchase price of the product less any associated freight costs.
2. For opened items in new condition, with the original box, packaging, manuals and accessories, except opened software, and cameras, a credit will be issued for the original purchase price of the product less:
. any associated freight costs and;
. an restocking fee of 20% of the purchase price if the product is returned within 7 days after purchase.
At the sole discretion of Melomys, unopened products may be accepted for return outside of the 7 day purchase period. In these circumstances a restocking fee of 30% will apply. The re-stocking fee will be deducted from any credit or refund amount offered to you. Credit card refunds will be credited by direct debit to the customer account.
All returns must be shipped prepaid. Melomys will refund shipping charges for defective/damaged merchandise only. Products returned to Melomys without proof delivery may result in forfeiture of your refund.
7. Loss or damage in transit
Melomys is not responsible for any loss or damage to Products in transit.
8. Customer's cancellation
Unless otherwise agreed in writing, the Customer will not have the right to cancel an order which has been accepted by Melomys.
If a Customer's right of cancellation is agreed to by the parties in writing, the right must be exercised by notice in writing from the Customer to Melomys not later than 7 days before the estimated date of shipment by the manufacturer or Melomys (as the case may be).
Unless otherwise agreed between the Customer and Melomys, upon cancellation prior to shipment, any deposit paid by the Customer will be forfeited to Melomys.
10. Liability
To the extent permitted by law, Melomys will not be liable to the Customer or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:
- any negligent act or omission or willful misconduct of Melomys or its employees or agents;
- the supply, performance or use of any Products or Services; or
- any breach by Melomys of its obligations under these Terms and Conditions or any relevant Sales Contract.
11. Delivery Expectations
Items In Stock at the Melomys Warehouse
Items that are in stock at the Melomys Warehouse will state, ‘Products will be shipped within two days of payment confirmation'. An ‘Availability’ note on the product information page of the individual Product will indicate if the Product is actually in stock. Occasionally stock runs out before the website is updated and you will be notified if you have been affected. Please note that if your order is placed during a "sale" period, dispatch time for in stock items can be delayed due to increased volume of orders.
Items Not In Stock at the Melomys Warehouse
Items that are NOT in stock at the Melomys Warehouse will need to be ordered from the supplier. Any Product that does NOT feature as 'available' on the product information page of the individual Product will need to be ordered from the supplier.
Each item you order may have different delivery expectations depending on availability. Please also note that to offer the widest range of items online we rely on information provided by the manufacturers and distributors. Our website is updated daily but Products can and do sometimes become temporarily unavailable whilst reprinting, or they may go out of print without prior notice from the publisher. If an item in your order is affected then Melomys staff will contact you via the message centre in your Melomys account to inform you of the delay and your order will be updated with the relevant information. You will receive an email asking you to log into your Melomys account because your order has been updated.
How long will it take to deliver this product to you?
- You will be sent an email once your order has been processed requesting you to log in to your account to inform you of the delivery expectations of your order.
- If delivery times are not suitable then you have 1 business day to contact Melomys to discuss faster delivery options. If Melomys are unable to fast track the delivery of this Product for you then you have the option to cancel for a full refund. After 1 business day your order is a firm sale.
12. Insufficient and/or incorrect Delivery Information
Address changes and/or corrections made through your Melomys Account will only affect future orders placed after the changes and/or corrections are made. Any changes and/or corrections for current orders must be done by sending a message at info@melomys.net.au.
Don't forget to update your account for future orders.
Customers who enter addresses that Australia Post have deemed having incorrect and/or insufficient details to ensure delivery may result in the following:
- Delayed delivery
- Lost parcel
- Package/s returned to the Melomys Warehouse
If Melomys is found to be responsible for incorrectly addressing a package then Melomys will be responsible for the resending, replacement or refund of the items not delivered or delayed.
Any package returned to Melomys due to the above incorrect and/or insufficient information will require an extra delivery charge of $10.00. Also, if Melomys has incurred extra fees to retrieve the package from Australia Post then these charges will also be borne by the customer before the package can be despatched again.
If a package arrives back to the Melomys Warehouse due to the above incorrect and/or insufficient delivery issues and incurs damage to the item(s), Melomys will not be responsible for replacing the goods but will make every effort to add extra protection to resend the package once the extra delivery fee payments have been made.
If customers prefer a replacement, then they can elect to have them reordered and will be charged the RRP less 30% plus $10.00 shipping (stock permitting). If stock is no longer available at the same price at the time of ordering then Melomys will not be required to find a replacement or refund or store credit.
If a customer prefers not to receive the items as their requirements have changed then no refund or store credit will be provided due to "incorrect and/or insufficient address" details.
Any shipment that is delayed or lost and is found to have had incorrect and/or insufficient details provided by the customer will not be covered by Melomys. NO REFUNDS and NO STORE CREDITS are applicable.
If the package has the correct delivery information and is 'lost' by Australia Post, Melomys will replace the items only after you have checked with your local Post Office as per the information in the Help Centre section of the website or, issue a store credit if the replacement copies will not arrive in time. If Melomys is unable to source a replacement copy due to the Product no longer being available for whatever reason, a refund will be processed for the unavailable Product. You must contact Melomys within four (4) weeks of receiving the automated 'shipping' email if your package has not arrived otherwise no store credit or refund (if applicable) will be available.
Mail Redirections
Customers please note that many of our Melomys customers inform us that their Australia Post Redirections do not work with packages. Melomys will not be responsible for replacing goods or extra costs if a redirection has not been successful. Please contact Melomys before you move to ensure a current order has the updated details to minimize delays.
13. Melomys Pick-ups
Any order not picked up within 3 months of the date of invoice, will be placed back into general stock and a store credit valid for 1 year from the date of invoice will be allocated.
14. Cheque and Bank Transfers
Products will only be shipped once full payment is received or Cheque has been cleared by Melomys’ bank.
If a customer elects to pay by Cheque/Money Order or Bank Transfer and the funds are not received within 60 days, then the order will be cancelled until payment arrives.
Please note that stock availability and prices may change if the time between placing the order and payment being received is delayed. Please remember to include the Melomys Order Number as a reference with your payment. If you are paying by Bank Transfer you must send a message via email at info@melomys.net.au informing us that you have made the payment. Melomys will send an automated email if payment has not been received within 7 days of the order being placed.
15. Overseas Orders
All overseas orders are consolidated to one delivery.
If a DHL service does not deliver to your specified address we reserve the right to cancel your order before it is processed.
Please note that occasionally countries may charge the recipient duties on the 'import' of packages. As these charges are the responsibility of the recipient, please check the customs service in your destination country to see if charges are applicable. Melomys will not reimburse customers on these import costs or refund if a customer refuses to pay them or accept delivery due to these unforeseen instances.
All orders with an overseas delivery address are firm sale and a store credit or refund is not available.
16. Completion of an Order and outstanding Items
An order will be complete when either of the following occurs:
- all items were sent and delivered; or
- the customer nominated to pay by cheque, money order or bank transfer and the money were never received by Melomys within 60 days of the date of the order and the unprocessed order was cancelled; or,
- the customer received some items but nominated to get a credit or refund for the remaining amount; or,
- the remaining items that are yet to be delivered in the order are no longer made or available through Melomys's suppliers any more.
17. General
Melomys may amend these Terms and Conditions at any time, by giving the Customer notice by mail, e-mail or by posting a notice on Melomys's public web site. By continuing to place orders for Products and Services after these Terms and Conditions are amended, the Customer will be deemed to have accepted the revised Terms and Conditions.
Any provision of these Terms and Conditions which is invalid, void, voidable or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.
The Customer may not assign or attempt to assign any of its rights and obligations under these Terms and Conditions. Melomys may assign its rights and obligations under these Terms Conditions to any person.
These Terms and Conditions are governed by the laws of the Queensland. The Customer submits to the non-exclusive jurisdiction of the courts of that State. Unless otherwise specified, the Terms and Conditions set out herein are additional to all other conditions, warranties, guarantees, rights and remedies expressed or implied by the Trade Practices Act.
DISCLAIMER
The information contained on the Melomys website may contain technical inaccuracies or typographical errors. All liability of Melomys howsoever arising for inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
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