These Terms and Conditions constitute a contract between the customer (You) and 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 and You for the supply of Products.
1.3 The Agreement together with 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. Legal Capacity
If you are under the age of eighteen (18) years you cannot place orders with Us. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.
3. Website Use
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
3.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.4 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4. Pricing
4.1 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.
4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
5. Product Specifications
5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
5.2 All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
6. Orders
6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make 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 e-mail address.
6.3 We are an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4 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).
6.5 In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6 We do not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7 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.
6.8 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
6.9 We reserve the right to cancel orders that have not been collected after 5 days may be cancelled. In the event an order is cancelled, We will refund any applicable refund 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 will be processed immediately upon confirmation of Your Order.
7.3 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.
7.4 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.
7.5 A 1.5% Surcharge may apply on payments made via Credit Card (includes MasterCard Credit/Debit or VISA Credit/Debit), ZipPay, Paypal, NFC or other forms of contactless payments
7.6 A 1.5% Handling Fee may apply on payments made via Cash.
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 the goods
8.1 We try to ensure that all Products are delivered in a prompt and timely manner. 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 is 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 a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
8.5 The couriers or postal services nominated by Us will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.6 We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Us (as notified to the Customer) in relation to 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 to not ship to remote or rural locations.
9. Faulty or damaged goods
9.1 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.
10. 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.
11. 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.
12. Miscellaneous
12.1 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.
12.2 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.
12.3 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.
12.4 No MSY employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Returns Policy
Items deemed Dead on Arrival (DOA), Damaged in Transit, Faulty or Delivered Incorrectly
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 needs to be returned with suitable packaging (preferably with its original packaging) to prevent damage in delivering the product 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 alternatively can be returned in store with any available packaging and we may be able to repack it for you.
We will also need you to provide the following details to enable us to efficiently deal with the situation:
1. Your full name, best contact telephone number, address and most importantly, your email address;
2. Tax Invoice or Order Number and if you organised return delivery yourself, the relevant tracking numbers;
3. Any relevant serial number(s) for the item; and
4. Reason for return (including any steps we can take to replicate any fault where applicable)
Once we receive the item, MSY 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.
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 your took possession the item(s), we will return the product to you at your cost. You will be responsible for any costs associated related to the testing and/or return of the item(s) to you in this instance.
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
If you receive any product that is not of merchantable quality, not fit for its intended purpose made known to us, or not matching 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:
1. Your full name, best contact telephone number, address and most importantly, your email address;
2. Tax Invoice or Order Number;
3. Any relevant serial number(s) for the item; and
4. Reason for return
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.
Warranty Policy
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:
1. Your full name, best contact telephone number, address and most importantly, your email address;
2. Tax Invoice or Order Number;
3. Any relevant serial number(s) for the item; and
4. Reason for return (including any steps we can take to replicate any fault where applicable)
Once we receive the item, MSY 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.
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.
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 your took possession the item(s), we will return the product to you at your cost. You will be responsible for any costs associated related to the testing and/or return of the item(s) to you in this instance.
Please note that during the testing process your data may be lost, or damaged, or destroyed. It is your responsibility to backup 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.
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 wrong voltage etc.
Warranty Turn Around Times
Turnaround time for warranty claims largely depends on the third party repairer. We will try our best to speed up the process but please understand the time involved for a warranty claim will include: our time to test the item, shipping to a qualified repairer, the repairers own test and replacement/repair, and the shipping back to us.
We do not provide an advanced replacement under any circumstances. Please keep this in mind when you place your order.
If you will be 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 consider purchasing it from a provider that offers an instant replacement.
MSY is 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 the scope of our control once the device is sent to our supplier. We do not provide data recovery service.
