These Terms and Conditions constitute a contract between the customer (You) and MSY Corporation Pty Ltd (Trading as MSY).
1. Agreement
1.1 In these Terms and Conditions, "We," "Our," or "Us" means MSY Corporation Pty Ltd (Trading as MSY); and "You" or "Your" means the person who accepts these Terms and Conditions, by using this Website and associated software, networks, and processes, including the purchase of Products or services through the Website.
1.2 By browsing the Website or placing an Order, you agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between us for the supply of Products.
1.3 The Agreement and Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.
2. Definitions
2.1 "Account" means a personal account created by you on the MSY Website.
2.2 "Delivery Charge" means the cost associated with delivering the Goods to your specified address.
2.3 "Order" means a request submitted by you to purchase Goods from Us.
2.4 "Website" means msy.com.au.
3. Legal Capacity
3.1 If You are under eighteen (18) years old, You cannot place orders with Us. By accepting this Agreement, You acknowledge that You are over eighteen (18) years old.
4. Website Use
4.1 The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for linked websites' content or privacy practices.
4.2 You must ensure that your access to or use of the Website is not illegal or prohibited by laws that apply to You.
4.3 You must take precautions to ensure that your process for accessing the Website does not expose You to the risk of viruses, malicious computer code, or other interference that may damage Your computer system. We take no responsibility for any such damage that may arise in connection with Your use of the Website.
5. Pricing
5.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:
• By agreement between You and Us in writing or by email or
• In accordance with clause 7.4.
5.2 Unless otherwise stated, all prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
6. Orders
6.1 You may place an Order by:
• Following the instructions on the Website. By placing an Order, You make an offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
• Visiting one of our stores. A store representative will assist you with the Order process. By placing an Order in-store, you make an offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
6.2 Orders will be deemed to have been received by Us at the time We send an Order confirmation to Your nominated email address.
6.3 Orders will be deemed to have been received by Us at the time We send an Order confirmation to Your nominated email address (for online orders) or provide you with a printed receipt (for in-store orders).
6.4 We are an online business and will primarily communicate with You via email for online orders. It is Your responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence. For in-store orders, communication will primarily be in person and through printed receipts or follow-up emails if provided.
6.5 We reserve the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
6.6 In the event of a cancelled Order not being dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with email confirmation of the cancellation and refund for online orders or an in-store confirmation for in-store orders.
6.7 We do not accept any responsibility for Orders that are declined, delayed, or not accepted due to disruptions with internet connections affecting online orders.
6.8 We shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Us (or our affiliates), and We shall be entitled to a reasonable extension of time for the performance of such obligations.
6.9 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
6.10 We reserve the right to cancel orders that have not been collected after 5 days. In the event an order is cancelled, We will refund any applicable amount back to the original payment method.
7. Payment
7.1 You may provide Your nominated credit card during the purchase process described on the Website.
7.2 Payment for Orders placed in-store can be made by credit card or other payment methods accepted by the store.
7.3 Payment for Orders will be processed immediately upon confirmation of Your Order.
7.4 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols, Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled, and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
7.5 Despite Our best efforts, on occasion, it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
7.6 A payment surcharge may apply to payments made via credit card (including MasterCard Credit/Debit or VISA Credit/Debit), ZipPay, Paypal, NFC, or other forms of contactless payments. This will be displayed on the checkout page at the time of purchase.
7.7 We may require a scan of your identification before fulfilling an order when collecting an item in-store to prevent fraudulent chargebacks.
8. Delivery and Ownership of Goods
8.1 We try to ensure that all Products are delivered promptly and on time. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2 Where applicable, the date of dispatch listed on the Website is the estimated date of dispatch as reasonably estimated by Us.
8.3 We reserve the right and our absolute discretion to not deliver Products to PO Box addresses.
8.4 Where You give written authority for Products to be delivered without a signature, any included insurance cover will be voided.
8.5 The couriers or postal services nominated by Us will deliver Products during local business hours (9 am to 5 pm, Monday to Friday).
8.6 We are not responsible for the delivery times of Products. Once Products have been dispatched, it is Your responsibility to liaise with the courier nominated by Us (as notified to the Customer) in relation to the date and time of delivery. We shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
8.7 We reserve the right not to ship to remote or rural locations.
9.1 Custom PC Builds
9.1.1 Customise Your PC Service
We provide customised computer hardware and software configurations per Your specifications for Custom PC builds. You can add the "Customise Your PC" service to Your order and choose Your parts.
Upon receiving Your Custom PC order, We will review and approve the specifications to ensure compatibility and alignment with Your stated purpose. We may make recommendations for better performance or compatibility. Your submission or payment for the order constitutes your agreement to the configuration, price, and estimated delivery timeline.
9.1.2 Custom PC Configurator
Our Custom PC Configurator uses predetermined parts that You can choose from to build your PC. This system is strictly limited to the hardware listed and cannot be modified beyond the available options.
By using the Custom PC Configurator, You agree that you cannot request a different type of product or variant to be added or modified in any form. The configurator options are final and cannot be altered.
9.2 Changes to Orders for 'Customise Your PC'
9.2.1 Once We have commenced the build process following Our internal approval, any requests for changes to the order are subject to Our discretion. While We will endeavour to accommodate reasonable requests, We cannot guarantee all changes will be feasible. Exceptions are made if component incompatibility is identified during the build process.
9.2.2 Any agreed-upon changes may incur additional costs and could impact the delivery timeline of your Custom PC.
9.2.2 Changes to Orders for Custom PC Configurator
Changes to orders placed through the Custom PC Configurator are not permitted. The hardware options available in the configurator are final, and no modifications or additions can be made.
9.3 Cancellation and Restocking
9.3.1 Once the Custom PC build has commenced after Our internal approval, the order is deemed final and cannot be cancelled. In exceptional circumstances, where a cancellation is permitted at Our discretion, a restocking fee of 20% of the total order value may be applied.
9.3.2 This restocking fee covers labour costs, the dismantling process, and the handling of opened components.
9.3.3 If a Custom PC order is cancelled after Our internal approval and the initiation of the build process, the refund issued will be less than the build fee already paid. This fee compensates for the time and resources expended in the Custom PC's initial construction and subsequent dismantling. The decision to refund and the amount thereof is at our sole discretion.
9.4 Returns and Refunds
9.4.1 Custom PCs are built to your specifications and, therefore, are covered by a unique returns policy. Returns are only accepted in cases of hardware faults or damages, as detailed in our Warranty & Returns Policy.
9.4.2 Refunds or exchanges for Custom PCs due to change of mind are prohibited.
10. Preorders
10.1 A Pre-Order is an order for a product that is not normally held in Our inventory and is specifically ordered from our supplier to fulfill Your order request. This section applies exclusively to such Pre-Orders.
10.2 Once You submit a Pre-Order, it constitutes a binding agreement to purchase the specified product. Due to the nature of Pre-Orders, where products are specifically ordered for you, We are unable to accept cancellations once Your order has been confirmed.
10.3 The only exceptions to this policy are if the products are faulty, not as described, or otherwise non-compliant with the Australian Consumer Law. In such cases, You are entitled to a refund, repair, or replacement as per our Warranty & Returns Policy, outlined in Clause 11.
10.4 By placing a Pre-Order, You agree to this non-cancellation policy and acknowledge that the order is not subject to cancellation unless the product is faulty or does not comply with statutory consumer rights under the Australian Consumer Law.
10.5 This Pre-Order policy does not affect Your statutory rights under the Australian Consumer Law as set out in Clause 11 of these Terms and Conditions.
11. Faulty or Damaged Goods
11.1 We will repair, replace or refund faulty or damaged Products in accordance with our Warranty & Returns Policy and Your rights under the Australian Consumer Law.
Click here to view our Warranty Policy.
Click here to view our Returns Policy.
11.2 If You have a problem with any Goods or otherwise wish to return them, please refer to Our Returns Policy which forms part of these Terms and Conditions.
12. Intellectual Property
All Intellectual Property in any Material on the Website is the property of Us. Unless expressly authorised under these Terms and Conditions or otherwise, You may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
13. Privacy
By placing your Order or otherwise contacting Us, you agree that We may store, process, use, and disclose data collected from Your Order for the purposes of processing and fulfilling Your Order; and Your data will be handled in accordance with Our Privacy Policy.
Click here to view our Privacy Policy.
14. Miscellaneous
14.1 We reserve the right to make changes to the MSY website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
14.2 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
14.3 A failure or delay by Us to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future ability to exercise that or any other power or right.
14.4 No MSY employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
15. Returns Policy
Items deemed Dead on Arrival (DOA), Damaged in Transit, Faulty, or Delivered Incorrectly
15.1 If You receive any product that is dead on delivery, damaged during the delivery, or incorrectly delivered, please contact our Customer Service team who will discuss your particular concerns and work with you to resolve the issue. This may mean the product must be returned with suitable packaging (preferably with its original packaging) to prevent damage when delivering it back to Us. For items that are large and bulky (for example, gaming chairs), they need to be repacked in a manner that makes them safe to be transported or can be returned in-store with any available packaging, and We may be able to repack them for You. You should notify us if you are unable to return an item safely.
15.2 We will also need You to provide the following details to enable Us to efficiently deal with the situation:
• Your full name, best contact telephone number, address, and most importantly, your email address;
• Tax Invoice or Order Number and if you organised return delivery yourself, the relevant tracking numbers;
• Any relevant serial number(s) for the item; and
• Reason for return (including any steps we can take to replicate any fault where applicable)
15.3 Once We receive the item, We will provide you with a Return Authority (RA) number via email. Our Warranty Team will test Your item and may contact You for more information. We will attempt to repair the item(s) depending on the circumstances. In some circumstances, We may need to refer Your item(s) to the manufacturer for further testing and advice.
15.4 If it is determined that the product is not faulty and is working as expected, or it is determined that any defect or damage was caused after You took possession of the item(s), we will return the product to you at your cost. You will be responsible for any costs associated with the testing and/or return of the item(s) to You in this instance.
15.5 If the product is incorrectly delivered, You must return the product (preferably unopened) with suitable packaging to prevent damage in delivery. Please contact our Customer Service Team and We can arrange for this item to be returned to Us at no cost and (if applicable) arrange for the correct product to be delivered to you.
Items deemed not of merchantable quality, not fit for purpose, or incorrectly advertised
15.6 If You receive any product that is not of merchantable quality, not fit for its intended purpose made known to Us, or does not match the description provided, please contact our Customer Service Team, and We will discuss Your options and any refund where appropriate. We will also need you to provide the following details to enable us to efficiently deal with the situation:
• Your full name, best contact telephone number, address, and most importantly, your email address;
• Tax Invoice or Order Number;
• Any relevant serial number(s) for the item; and
• Reason for return
15.7 Upon receipt of the returned product with your full details provided, We will supply You with a Return Authority (RA) Number by email. We will arrange for testing, repairing or replacement of the product, or a refund where appropriate.
16. Warranty Policy
16.1 All products sold are with a warranty unless otherwise stated. If the product is found faulty after delivery, please contact Us to arrange the return of the product. Please provide Us with the following details when you contact us:
• Your full name, best contact telephone number, address, and most importantly, your email address;
• Tax Invoice or Order Number;
• Any relevant serial number(s) for the item; and
• Reason for return (including any steps we can take to replicate any fault where applicable)
16.2 Once We receive the item, We will provide you with a Return Authority (RA) number via email. Our Warranty Team will test your item and may contact you for more information. Depending on the circumstances, We will attempt to repair the item(s). In some circumstances, We may need to refer your item(s) to the manufacturer for further testing and advice.
16.3 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
16.4 If it is determined that the product is not faulty and is working as expected, or it is determined that any defect or damage was caused after You took possession of the item(s), We will return the product to you at Your cost. You will be responsible for any costs associated with the testing and/or return of the item(s) to You in this instance.
16.5 Please note that during the testing process Your data may be lost, or damaged, or destroyed. It is Your responsibility to back up all of your data and programs before returning the product to Us. We will not take any responsibility for any loss of data or installed programs.
17. Warranty Turnaround Time
17.1 All warranties are voided if returned product is found in any way to be mishandled, incorrectly installed, modified, tampered, abused, physically damaged, or used under the wrong voltage, etc.
17.2 Turnaround time for warranty claims largely depends on the third-party assessor. We will try our best to speed up the process, but please understand that the time involved in a warranty claim will include our time to test the item, shipping to a qualified repairer, the repairer's own test and replacement/repair, and shipping back to us.
17.3 We do not provide an advanced replacement under any circumstances. Please keep this in mind when you place your order.
17.4 If You are using the item(s) for mission-critical tasks, be it running a business, using it to prepare an examination, using it for a pre-organised game party, etc., You should ensure the product has a replacement period or considering purchasing it from a provider that offers an instant replacement.
17.5 We are not responsible for data contents or the security of the data contents contained in any returned goods. Our workshop works under strict guidelines, not to interact with any customer data. Despite this, customers should back up any data prior to sending the goods back to us; data can be destroyed during our testing. It is also beyond our control once the device is sent to our supplier. We do not provide a data recovery service.
18. Consumer Data Policy
18.1 Privacy Policy:
MSY is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We do not pass on, sell, or swap any of your personal details with anyone. We use this information to identify your orders, provide you with our monthly newsletter (if applicable), and to personalize your shopping experience with us. MSY uses cookies to allow you to log in to your account, maintain a shopping cart, and to purchase items in your shopping cart. Cookies sent to your computer from MSY only last while you are browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more personalized shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting, and enjoyable shopping experience.
18.2 Whenever you use our website or any other website, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its "IP address," and is sent automatically each time you access any Internet site. From a computer's IP address, it is possible to determine the general geographic location of that computer but otherwise, it is anonymous.
18.3 We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalize an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.
18.4 A Scan of your ID may be required if you have prepaid online via Credit Card or Paypal for a pickup order. This will occur upon your collection of the order instore. This is done to allow MSY to prevent fraudulent chargebacks. We apologize for this inconvenience and appreciate your understanding in this matter. When scanning your ID we collect the front and back of the license. The purpose of collecting this ID scan is to prevent fraudulent transactions when you have prepaid the order online. This information is collected with a standard consumer scanner which only prints out a physical copy of the scan. This information is held as a physical scan and is stored in a secure building with 24-hour surveillance and alarms. This information is held for the same length as the legal requirement for tax invoices to be held. After this period this information will be shredded.
19. Security Capabilities and Policy for Transmission of Payment Card Details
19.1 Security Policy:
When purchasing from MSY your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre at feedback@umart.com.au.
20. Order Acceptance Policy
20.1 Your receipt of an electronic or another form of order confirmation does not constitute the acceptance of an order, nor does it constitute confirmation of our offer to sell. MSY 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 and your order is automatically varied to order that lesser amount. All credit card orders will be verified prior to our acceptance of your order. MSY reserves the right, without prior notification to do business with any individual or business.
21. Additional Terms
21.1 Your use of the Website is governed by the Website Terms of Use.
21.2 We reserve 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.
22. General
22.1 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.
