Terms & Conditions

1. ACCEPTANCE OF TERMS AND CONDITIONS

1.1 These terms and conditions (the “Terms”) govern your use of this website (www.mcsmobilitydirect.com.au), including any purchases you make through it. You agree to be bound by these terms by accessing and using this website for these or any other purposes. You must not use the website if you do not accept and agree to be legally bound by and comply with these terms.
 
1.2 “This website” refers to www.mcsmobilitydirect.com.au for the purposes of these Terms. “We,” “us,” “MCS Mobility Direct,” and “seller” mean MCS Mobility Direct. “You,” “the buyer,” “the customer,” and “participant” mean the person who uses this website or our services or buys our products.

2. AMENDMENTS TO TERMS

2.1 We reserve the right to revise and update these Terms at any time. Amendments will take effect immediately, and MCS Mobility Direct is under no obligation to notify you of them. We recommend that you check this page for updates whenever you return to this website. Your use of this website constitutes your agreement to be bound by the Terms as amended.

3. YOUR ACCOUNT AND PASSWORD

3.1 When you use this website, you can create an account login (with a username and password) to verify your identity. When you submit your account details to us, you must ensure that they are complete and accurate, and that the information you have provided is true and correct. You must keep your account information up to date. You agree not to impersonate anyone or anything, or to falsely state or otherwise misrepresent your affiliation with anyone or anything.

3.2 Your username and password are personal to you, and you must keep them secure and confidential at all times, not disclosing them to any third party.

3.3 You agree that you are solely liable for any use of the website by anyone who uses your username and password (including any purchases made via the website). You agree to release and indemnify us for any and all claims, losses, or liabilities resulting from unauthorised use of your username or password (including any failure to keep your username or password secure and confidential).

3.4 You agree to notify us immediately of any unauthorised use of your account or password, or any other breach of security, by email to sales@mcsmobilitydirect.com.au

3.5 We are not responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in terminating your account or password after you have reported a security breach to us

4. PRICING

4.1 Australian dollars are used throughout (AUD). GST (currently 10%- should the GST rate change, we reserve the right to immediately amend our prices accordingly) is included in the price of some items. There is no Goods and Services Tax (GST) to pay on certain items. We reserve the right to make adjustments to published prices at any time for any reason.

4.2 Subject always to clauses 5 below, in relation to incorrect prices, the price payable by you for orders accepted by us is the price quoted on this website for the relevant products at the time your order is submitted, together with the applicable delivery fees (which are payable in addition to the price of the products).

4.3 If the buyer and seller mutually agree to a reduction or increase in the quantity of goods to be sold, the seller may, at its sole discretion, charge for the goods at the rate applicable to the reduced or increased quantity.

4.4 The seller reserves the right to change the prices listed on the seller’s website at any time.

5. ORDERS

5.1 When you place an order through this website, you are indicating that you accept the terms and pricing listed here. Additional shipping costs, if any, will be added during checkout and not included in this price. MCS Mobility Direct reserves the right to accept or decline your offer for any reason, including but not limited to product unavailability, incorrect pricing, incorrect product description, or an error in your order. When your order is paid in full and MCS Mobility Direct confirms that it can fulfil your order, only then will a purchase contract between you and MCS Mobility Direct exist. Email confirmation will be sent to the address provided.

5.2 If we have reason to believe that an order is the result of fraudulent, unlawful, or otherwise improper activity, we reserve the right to cancel the transaction. In such a case, we reserve the right to either reject your order or have our website manager contact you at the number you provided to confirm it. Due to the high risk of fraud, unauthorised, or illegal activity, we reserve the right to terminate any and all accounts and refuse shipment to specific addresses. These precautions are taken to prevent fraud and other forms of unlawful activity that could negatively impact our business and the lives of our customers.

5.3 Products ordered may not be immediately shipped out. If a product you order is out of stock, we reserve the right to refuse or cancel your order. In the unlikely event that a product is temporarily out of stock, we will do our best to let you know that here on the site. Except in cases where we have already confirmed our acceptance of your order, we reserve the right to alter the range of products we offer and the specifications of any product at any time without prior notice.

5.4 In the event that the delivery address is in an outlying area that is not serviced by MCS Mobility Direct’s chosen freight provider, the company reserves the right to assess an additional shipping fee. As a matter of course, the client will be informed of any fees that might be incurred.

5.5 We reserve the right to refuse or cancel any order placed for a product that appears on this site with an incorrect price or incorrect information (regardless of whether you have made payment for that order). You understand and agree that if a product is listed at an incorrect price or with incorrect information, we are under no obligation to sell that product to you. If we reject or cancel an order after you’ve already paid for it, we’ll give you a full refund.

5.6 Products purchased from MCS Mobility Direct are not to be resold to any third party in the form of wholesale, distribution, or retail supply.

5.7 Photos of our goods on the site are meant to serve as representations. The final appearance of the product may differ slightly from the website and sample products displayed there.

5.8 At any time, we may modify the types of payment we accept, such as the credit cards or services that are accepted.

6. PAYMENT

6.1 PAYMENT BY CARD

6.1.1 We accept Visa and MasterCard credit cards.

6.1.2 MCS Mobility Direct takes credit card data security very seriously. For that reason, we use Stripe to securely handle credit card information. Stripe is a validated Level 1 PCI DSS Compliant Service Provider. Learn more about Stripe security practices.

6.2 PAYMENT BY BANK DEPOSIT

6.2.1 We accept bank deposits. Payment must be made to our ANZ Bank account. Account Name, Account Number, and BSB are all listed at the bottom of the invoice and quote. As a reference/description, buyers must provide an Invoice or a Quote number.

6.2.2 Orders will be processed once MCS Mobility Direct receives funds in their bank account.

6.3 PURCHASE ORDERS

6.3.1 MCS Mobility Direct will require an official Purchase Order to process the order. Purchase order can be sent to the Sales team.

6.4 PAYMENT WITH NDIS

6.4.1 If a buyer chooses the NDIS Payment option, MCS Mobility Direct will process the payment on behalf of the participant.

6.4.2 NDIS Payment option will only be processed if we are provided full details of NDIS Participant – Surname, Date of Birth, NDIS Participant Number and the NDIS preferred budget.

6.4.3 If buyer has insufficient funds, MCS Mobility Direct will contact buyer directly and the order shall be cancelled, unless payment is done with an alternate payment method.

6.4.4 MCS Mobility Direct is not able to refund the money back to participant’s portal therefore ordered items cannot be refunded.

6.5 PAYMENT WITH WIZPAY

6.5.1 MCS Mobility Direct offers payment through the third party – Wizpay. It is a reusable account that lets you buy now and pay later. For more information about Wizpay.

6.5.2 It is buyer’s responsibility to register, and follow the instructions and terms and conditions of the Wizpay.

6.5.3 By purchasing items through Wizpay, buyers agree to pay any extra cost, such as interest, surcharge or others to Wizpay.

6.6 We do not accept any purchases from overseas.

7. DELIVERY

7.1 Once we have confirmed our acceptance of your order, we will try to ship it within 5 business days, unless a different time frame is specified for a specific product. If we are unable to ship your order within this time frame, we will contact you and let you know when it will be shipped. Multiple orders may not always be shipped at the same time. Furthermore, depending on the size of your order, you may receive multiple shipments to complete it.

7.2 If we are unable to ship to the shipping address you provide, we will notify you, cancel your order, and issue you a refund (excluding shipping costs) for your purchase (unless you provide an alternate eligible shipping address).

7.3 Although we will make every effort to meet delivery deadlines, all deadlines are estimates only, and we will not be liable for any loss, expense, or other damage caused by a delay in delivery.

7.4 All orders placed online are delivered by courier or Australia Post.

7.5 While many items will be delivered assembled and ready to use, others may require assembly. This is especially true for larger or more complex items delivered outside of Sydney. Please keep this in mind if you order something for delivery outside of Sydney. Please contact our customer service team to find out if an item will require assembly.

7.7 We will take every precaution in packing and shipping your purchase, but we will not be liable to the buyer or anyone claiming through the buyer for any loss or damage to goods or products caused by any event of any kind by any person, whether or not we are legally liable for the person who caused or contributed to that loss. We are not liable for any items that are incorrectly signed for and accepted by a third party.

7.8 We are not responsible for damage to goods in transit or non-delivery. When the goods you ordered are delivered to you, you will become the owner of them. Once goods are delivered to you, they are held at your own risk, and we are not responsible for their loss or destruction. If you have a non-delivery agreement with the courier company, we are not responsible for the goods’ loss, damage, or destruction. It is the customer’s responsibility to ensure that the package is delivered to the correct address and signed for, as it is in the customer’s personal custody once it has left MCS Mobility Direct’s premises.

8. RETURNS

8.1 Items supplied in accordance with the buyer’s order can only be returned with MCS Mobility Direct’s express approval.

8.2 Due to hygiene concerns, MCS Mobility Direct Systems is unable to accept the return of certain types of goods (lifting slings, any bathing or toileting type of products, cushions and others).

8.3 Requests to return goods must be made in writing within 7 days of shipment, and the original invoice number must be quoted.

8.4 If goods are accepted (for credit or refund), they must be delivered to our warehouse at the buyer’s expense. All returned items must be brand new, never used or worn, and properly packed in original packaging, unmarked, and with original paperwork (instructions, manuals, warranty or others).

8.5 Returned products are the responsibility of the buyer until they arrive at the seller’s warehouse. MCS Mobility Direct is not liable for misdirected shipments or products that are lost or damaged in transit.

8.6 All incorrectly ordered goods (size, material, colour, and other) will be subject to a restocking fee of 20% of the total invoice amount.

8.7 Any refund will be made using the buyer’s original payment method.

8.8 Customized and made-to-order items (such as cushions, slings, lift chairs, wheelchairs, and others) are non-refundable and non-returnable.

9. LIABILITY AND MAINTENANCE GUARANTEE

9.1 To the greatest extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether express, implied, or statutory) with respect to any product or information supplied by the seller, including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

9.2 To the greatest extent permitted by law, the seller’s liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury caused by any defect in, or noncompliance with, a product supplied by the seller is limited to the price paid by the buyer for that product.

9.3 To the greatest extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (however caused), which you may suffer directly or indirectly in connection with the buyer’s access to, use of, or reliance on any product or information supplied by the seller.

9.4 In lieu of any statutory warranty, condition, or liability, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to replacing or repairing defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided that Any such guarantees do not apply to all software.

9.5 At the end of the appropriate period (guarantee period), and to the extent permitted by law, the seller’s liability ceases.

9.6 The warranty excludes damage caused by misuse, accident, negligence, inappropriate or improper operation, maintenance, installation, modification, or adjustment.

9.7 The seller’s liability under this contract and the guarantee in this clause are limited to the buyer named in this contract, and it is agreed that the seller has no liability to any purchaser of the buyer’s goods from the buyer because the buyer’s rights under the contract are not assignable without the seller’s prior written consent.

10. ERRORS OR OMISSIONS

10.1 The seller has the right to correct any errors or omissions (whether clerical, computational, or otherwise) in any advertising, quotation, invoice, or acknowledgement at any time. Errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer due to the seller’s administrative processes. The seller will promptly notify the buyer of any error or omission discovered by the seller, and the buyer will have the option of returning the goods for a full refund.

11. OWNERSHIP AND RISK

11.1 The seller retains ownership of all goods sold by the seller (“the goods”) until the full price for the products and applicable delivery charges is received. This provision is intended to protect the seller in the event of the buyer’s bankruptcy, receivership, or liquidation, a seizure of goods by a buyer’s creditor, or a payment default.

The buyer agrees to the following terms until full payment is received:

11.1.1 make the goods easily identifiable as the seller’s property.

11.1.2 keep the goods supplied in good order and condition, and return them immediately if asked to do so by the seller.

11.2 If the goods are sold or otherwise realised, the buyer must identify and separately account for the proceeds of sale.

12. PERSONAL PROPERTY SECURITIES ACT

UNTIL FULL PAYMENT HAS BEEN RECEIVED FOR THE BUYERS ORDER, THE BUYER ACKNOWLEDGES AND AGREES THAT:

12.1 These Terms are a security agreement under the Personal Property Securities Act; and

12.2 A security interest is taken in all products previously supplied by the seller to the buyer (if any) as well as all goods that the seller will supply to the buyer in the future (if any).

THE SELLER UNDERTAKES TO:

12.3 sign any additional documents and provide any additional information reasonably required by the buyer to register a financing statement or financing change statement on the Personal Property Securities Register;

12.4 indemnify the seller for all expenses incurred in registering a financing statement or financing change request on Personal Property Securities * Register or release them from any charges;

12.5 without our prior written consent, do not register a financing change statement or a change demand on the Personal Property Securities Register;

12.6 provide the seller with written notice of any proposed change in the buyer’s name or any of the buyer’s contact details at least 14 days in advance;

12.7 unless the seller agrees otherwise in writing, the buyer waives their right to receive a verification statement under the Personal Property Securities Act;

13. RISK

Once the buyer’s order is delivered (or otherwise delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility and risk for the products.

14. DESCRIPTION OF PRODUCTS

14.1 The seller’s products, prices, and data are constantly being modified and improved;

14.2 While the seller has made every effort to ensure that the product and pricing information on its website is accurate, complete, and up to date, the seller makes no representations or warranties as to its accuracy, completeness, or currency of information, and the seller is not responsible or liable for any inaccurate, incomplete, or out-of-date information on this website;

14.3 Because the seller relies on information from its suppliers and product manufacturers, the descriptions, illustrations, and literature are not legally binding on the seller;

14.4 If the goods do not correspond to the description on the seller’s website, the buyer must notify the seller immediately so that the seller can take appropriate action;

14.5 The buyer is aware that items purchased online may require assembly;

15. PRIVACY

The seller will collect, store, and process any information that is considered “Personal Information” under the Privacy Act 1988 in accordance with its Privacy Policy, which can be found on the seller’s website.

16. FORCE MAJEURE

The seller shall not be liable to the buyer for any loss or damage arising directly or indirectly from or in connection with any delay in delivery of the goods or failure to perform any term of this contract that is beyond the seller’s reasonable control.

17. COMPLIANCE

The buyer is solely responsible for obtaining (and complying with) all legislation, regulations, by-laws, and rules that apply to the use of any products purchased from the seller.

18. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable for any reason, the remaining provisions will remain in full force and effect to the greatest extent possible.

19. DISPUTES AND GOVERNING LAW

These Terms (and any contracts to which these Terms apply) are governed by the laws of the state of New South Wales, Australia, and the courts of that state have non-exclusive jurisdiction to hear and resolve any dispute arising in relation to these Terms (and any contracts to which these Terms apply).

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