Legal

Terms & Conditions

1. Availability and Cancellation

• Availability

All orders are subject to the availability of products. If for some reason a product is not available, the seller will strive to notify the non-availability on this website. The seller may change the range of products or the specification of any product at any time and without notification to the buyer.

• Cancellation of orders

Where products are listed on the seller's website with an inaccurate price, shipping to remote areas or with inaccurate information, the seller reserves the right to cancel the buyer's order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is consequently cancelled by the seller, the seller will refund the amount paid by the buyer in regards to that order.

The seller may void the buyer's order any time before our order confirmation. Any variation, waiver or cancellation of the buyer's order shall not be altered unless accepted in writing by the seller. Where the seller accepts the cancellation, the seller may levy a handling charge of up to 20% of the price.

• Delivery

Once the seller has confirmed acceptance of the buyer's order, the seller will strive to dispatch the buyer's order within three business days unless a different timeframe is specified concerning a particular product. If the seller is unable to ship the buyer's order within the time frame specified, the seller will strive to contact the buyer and advise the buyer of the expected shipping date.

On rare occasions, Mobilize Me may hold the right to charge freight where a delivery address is in a remote location which is not serviced by the company's elected freight service. The customer will, at all times, be advised before applying such charges.

The seller holds the right to dispatch the buyer's order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to revoke the contract as to any instalments already delivered. The buyer may cancel any undelivered instalments up until the instalment is confirmed.

Any quotations of delivery times by the seller are made in good faith but are estimations, and such estimations shall not bound the seller. The seller will not be accountable for any loss, expense, or other damage caused by any delay in delivery.

The buyer may choose delivery instructions for an order. The seller will not be responsible for any order that is delivered per the buyers delivery instructions.

2. Changes to these Conditions of Use

The seller holds the right to change these Conditions of Use from time to time by publishing the changed terms on the seller's website. When revised Conditions of Use are posted on this website, all orders submitted by the buyer after the amended Conditions of Use are published shall be subject to the amended Conditions of Use.

3. Compliance

The buyer shall be entirely responsible for getting any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.

4. Description of Products

Modifications and improvements to the seller's products, prices and data are continually being made.

Although the seller has aimed to assure that the product and pricing information presented on its website is accurate, complete, and current, the seller does not give any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be bound or liable for any incorrect, incomplete, or out-of-date information on this website.

The seller also relies on information from its suppliers and product manufacturers and therefore, the information, illustrations and literature are not binding on the seller.

If the goods do not match the description on the seller's website, the buyer should inform the seller promptly so that the seller may take the relevant action.

The buyer agrees that items ordered online may require assembly.

5. Disputes and Governing Law

The laws of Western Australia shall govern these Conditions of Use (and any contracts to which these Conditions of Use apply), and the courts of Western Australia shall have non-exclusive jurisdiction to hear and determine any dispute arising concerning these Conditions of Use (and any contracts to which these Conditions of Use apply).

6. Errors or Ommissions

The seller is qualified at any time to correct all errors and omissions (whether administrative, computational or otherwise) in any advertising, quotation, invoice or receipt. Due to the seller's admi¬nistrative processes, errors (if any) may be found up to 30 days after the goods have been delivered to the buyer. The seller will inform the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.

7. Force Majeure

The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in conjunction with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside the seller's reasonable control.

8. Liability and Maintenance Guarantee

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

To the maximum limit permitted by law, the seller's liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.

To the maximum limit 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 (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.

In place of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable to it, is limited to making good the replacement or repair of defects arising under proper use and maintenance arising solely from faulty design, materials, or quality within the guarantee timeframe, if stated, or otherwise within six months of the date of supply, provided always that such faulty parts are quickly returned to the seller unless otherwise arranged. All software is excluded from any such warranties.

At the finish of the appropriate period (i.e. guarantee period), all liability on the seller's part terminates.

The warranty does not cover damage from misuse, accident, neglectful, inappropriate or improper operation, maintenance, installation, modification or adjustment. The warranty does not cover consumable parts, i.e., tyres, brushes, chargers, potentiometers, keys etc. as these parts are considered consumable parts and can need to be replaced as fair wear and tear.

The seller's liability under this contract and the warranty in this article is limited to the buyer named in this contract. It is acknowledged that the seller has no obligation to any purchaser of the goods from the buyer in that the buyer's rights under the agreement are not assignable without the prior written consent of the seller.

9. Ordering

• Contract formation

The Mobilize Me website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to purchase those products in accordance with these Conditions of Use. The seller's acceptance of the buyer's order occurs (and the contract is formed) when the goods are dispatched to the buyer.

• Order Process

The buyer may order products from the seller by completing and submitting the checkout process on the seller's website. The buyer must provide all required information (including their name, email, and payment details) or the seller may not be able to process the buyer's order.

• The Sellers Discretion in Rejecting Orders

No order shall be considered accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyer's order (or part of the order), any money paid by the buyer in connection to the rejected part of that order shall be refunded, and the seller shall have no further liability to the buyer in regard to the rejected part of that order.

10. Ownership and Risk

The seller holds ownership of all goods sold by the seller ("the goods") until the seller has received the full price for the products and the relevant delivery charges. This provision is intended to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.

Until full payment is made, the buyer agrees to:

Enable the goods to be readily identifiable as the property of the seller.

Maintain the goods are provided in good order and condition and to return the goods immediately if called upon to do so by the seller.

On a sale or different realisation of the goods, the buyer shall classify and separately account for the proceeds of sale.

11. Personal Property Securities Act

Until full payment has been received for the buyer's order, the buyer accepts and agrees that:

These Conditions of Use constitute a security agreement for the Personal Property Securities Act; and

A security interest is taken in all products previously supplied by the seller to the buyer (if any) and all goods that will be provided in the future by the seller to the buyer(if any).

The seller undertakes to:

Sign any further documents and provide any additional information which the buyer may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

Reimburse the seller for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities * Register or releasing any item charged thereby;

Not register a financing change statement or a change demand on the Personal Property Securities Register without our prior written consent;

Give the seller no less than fourteen days prior written notice of any proposed change in the buyer's name or any of the buyer's contact details.

Unless otherwise agreed to in writing by the seller, the buyer waives their right to receive a confirmation statement in regards with the Personal Property Securities Act.

12. Prices

Except where explicitly stated regarding a particular product, the prices for the products are stated and are payable in Australian dollars (AUD). Any currency conversion will take place online at the rate applicable at the time of purchase.

• Taxes and other charges

Except for Australian Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or expenses which may be payable in regards to the buyer's order. The buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in regards to the buyer's order.

Where the buyer and the seller agree to a change in the quantity of the goods, the goods shall be priced either at the price applicable to the original amount or the revised amount at the absolute discretion of the seller.

The seller may alter any prices on the seller's website at any time and without notification to the buyer.

13. Severability

If any requirement of these Conditions of Use is believed to be wrong or unenforceable for any reason, the remaining terms shall, to the maximum extent possible, remain in full force and effect.

14. Shipping

For purchases over $400, we reward customers with free shipping Australia wide. Unfortunately, we don't provide free or discounted shipping to all areas. The below postcodes are not eligible for free shipping:

810-886, 4477, 4480, 4492, 4735, 4828, 4871, 4873, 4890.

Please email info@mobilizeme.com.au or call 1300 65 1300 to discuss your shipping needs with our friendly customer service team.

15. Shortages, Damages or Loss in Transit

Liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where the buyer understands that there is a shortage of the amount of products delivered, the buyer must notify the seller of any such claim within seven days of delivery and must present the seller with a reasonable chance to investigate that claim.

The seller will not accept any accountability for loss or damage in transportation that exceeds the value of the loss or damage insurance applying to that delivery.

Goods leaving the seller's premises are appropriately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:

Before confirming delivery to the carrier, the buyer must assure that the complete consignment as per the carrier's note has been received.

Should there be a deficiency or visible damage to the outer packaging, the carrier's note must be approved accordingly.

Within seven days of receipt of the consignment, the buyer must assure that all goods received are in good order and condition.

No damage claims will be considered after seven days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller, details of any claim should be advised to the seller.

16. Warranty

The following warranty is granted only to the initial buyer who has purchased a product from Mobilize Me, and it commences on the date of purchase. Any warranty claim must be made in writing to Mobilize Me.

Note: We advise keeping the original packaging for the duration of the warranty period in the unlikely case you will need to send your product back.

Warranty Coverage

16.1 Warranty Periods

16.1.1 Scooters, Powerchairs, Electric Wheelchairs & other non-motorised Mobility Aids

All our products come with a 12-month warranty from the date of the invoice, subject to the terms and conditions outlined here.

16.1.2 Accessories & Parts

A 12-month warranty is provided for accessories and parts, contingent upon correct installation and use.

16.1.3 Batteries

A 12-month warranty is also included for batteries.

Note: While charging batteries, it is normal for the battery charger to heat up. Heat coming from the battery charger does not constitute a defect.

16.1.4 Repairs

The warranty for repairs is 3 months from the date of repair or the remainder of the 12-month warranty period for the initial purchase, whichever is greater.

16.2 Warranty Exclusions

Mobilize Me does not cover items requiring replacement due to regular wear and tear from everyday usage. This includes, but is not limited to:

16.2.1 Wear and Tear

- Tyres and Tubes

- Plastic Shrouds

- Motor Brushes

- Bulbs / Fuses

- Upholstery

- Armrest pads

16.2.2 Damage Caused By:

- Battery fluid spillage or leakage

- Abuse, misuse, accident or negligence

- Improper operation, maintenance or storage

- Commercial use or use other than normal

- Repairs and modifications made to any part without specific written consent of Mobilize Me

- Exceeding the specified weight capacity of the unit

- Accessories other than those supplied or approved by Mobilize Me

- Failure to adhere to the product instructions contained in the Owner's ManualActs of Nature, such as lightning strikes, etc

- Circumstances beyond the control of Mobilize Me

- Call out fees or freight costs if the product is not returned to the authorised dealer.

- Any parts altered or repaired by unauthorised persons.

16.3 There Is No Express Warranty

Implied warranties, including those of merchantability and eligibility for a particular purpose, are excluded. Liabilities for consequential damages are excluded. This warranty gives you specific rights, and you may also have other rights which may vary from state to state.

16.4 How To Make A Warranty Claim

A) Contact Mobilize Me.

B) Arrange to either deliver the product to Mobilize Me or an authorised store/service agent, specified by Mobilize Me. Upon receipt, Mobilize Me or our store/service agent will assess the product to determine if the issue qualifies as a valid warranty claim.

C) To have an authorised partner come out to inspect the product, this will incur a call-out fee which is not refundable nor is it covered under the warranty agreement.

D) When the service is complete, you can either pick up the product from us or our partner or pay for it to be delivered to you.

E) Warranty service must be performed by an authorised Mobilize Me representative. Mobilize Me reserves the right to replace warranted parts with refurbished, replacement, or new parts at our discretion. All service calls, call-out fees, transportation costs or any other charges associated with any warranty repairs are the responsibility of the consumer.

F) Warranty is for the replacement of the part only and does not include freight for the replacement parts. Consumers are not to return any item to Mobilize Me without prior written authorisation. Any damages incurred while warranted parts are in transport are the sole responsibility of the consumer.

Additional Warranty Terms and Conditions

Any sale of product by Mobilize Me is subject to and conditional upon its general trading terms and conditions. In the event of any inconsistency between those terms and conditions and of this Limited Warranty, then the terms of this warranty shall prevail.

Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

17. Privacy Policy

This Privacy Policy applies to the services offered on the Mobilize Me website (ABN 45589277485155 ) Please read this Privacy Policy carefully before using the Mobilize Me website. Usage of the Mobilize Me website is conditional upon you agreeing to be bound by this privacy policy.

In summary, while you should read each provision in this privacy policy, you must note that by using the Mobilize Me website:

You agree that if you submit your personal information to us, we may create a database record about you; and you agree for us to use cookies on your browser (unless you remove them – please see below for explanation).

Your Personal Information Is Important To Us

Mobilize Me is committed to safeguarding your personal privacy. We recognise that you have a right to control how your personal information is collected and used. We know that providing personal data is an act of trust and all our staff at Mobilize Me take that seriously. Unless you directly give us consent to do otherwise, Mobilize Me will only collect and use your personal information provided using this website as described below.

Collecting Information About You

Mobilize Me will not collect or monitor any personal information about you without your consent. The only personal information we collect when you use this website is what you tell us about yourself. When you apply for a product from us (online), we may ask for your personal information (such as name and address) in order to service your application. You do not have to provide us with this information if that is your preference. However, failure to do so may result in Mobilize Me being unable to sell you products and provide certain services including after services.

Our Use Of Cookies

Cookies are pieces of information that a web site transfers to your computer's hard disk for record-keeping purposes. Most web browsers are set to accept cookies. Mobilize Me uses cookies to make your use of our website and services as convenient as possible. Cookies do not themselves personally identify users, although they do identify a user's browser. Cookies allow us to remember the information you have entered as you move through our site, and let us know how many people are using the different parts of the website. If you do not wish to receive any cookies, you may set your browser to refuse cookies. However, this may mean you will not be able to take full advantage of Mobilize Me website.

When you submit information on our site anonymously, such as when using a rate calculator, we do not link this information back to a cookie that identifies you or retain it in any way unless you have agreed to this information being retained.

Using and Disclosing Your Personal Information

We intend to use the information provided while using this website for the following purposes only:

• To fulfil our obligation under any contract between you and Mobilize Me to provide you with information about products and services offered or distributed by
• Mobilize Me or any organisation Mobilize Me is affiliated with or represents.
• To ask you for your opinion or comments about our products and services or those of related or affiliated companies.
• To track general traffic patterns showing the usage of our web site, without identifying the usage patterns of any particular individual.
  
  

Please also note that to operate the web site or deliver a service, we may sometimes share your personal information with service providers. As Mobilize Me recognise the trust you place in us when personal information is given to us, we will not use or disclose any information about you provided using this website for other purposes without your consent, except for in exceptional cases such as if disclosure is required by laws or is necessary to protect the rights or property of Mobilize Me or any member of the public, or to lessen a serious threat to a person's health or safety.

When We Will Contact You

We may contact you at the email, or other address, which you provide to us in order to convey information which may be of interest about updates, new Mobilize Me products, products and services offered or distributed by related companies or affiliates, and other matters which may interest you.

To Send You A Newsletter

If you do not wish to receive this information or any direct marketing material, please contact us or call Mobilize Me on the customer enquiry number 1300 65 1300

Storage and Security Of Your Personal Information

Mobilize Me will endeavour to take all reasonable steps to keep secure any information, which we hold about you, and to keep this information accurate and up to date. Your information is stored on secure servers that are protected in controlled facilities. Our employees and data processors are obliged to respect the confidentiality of any personal information held Mobilize Me. However, as we cannot guarantee the security of communications over the Internet, we cannot give an absolute assurance that your information will be secure at all times. Mobilize Me will not be held responsible for events arising from unauthorised access to your personal information.