MNSonline.com.au Terms of Use
Read these Terms and Conditions carefully before purchasing.
Upon completion and submission of your purchase, you are deemed to have accepted, and will be bound by these Terms and Conditions, as amended and varied from time to time.
We may cancel your purchase and any further purchases if you are suspected or found to have engaged in fraudulent activity in connection with the Site.
Eligibility to Participate
You must be able to form legally binding contracts
to use the Service. This means that if you are under
18 years of age or otherwise legally prohibited from
entering into binding contracts, you must not use
the Service.
Your Obligations As Buyer
When you use the Service and purchase an item during
an online sale conducted on our Site, you are making
an offer to buy the item at the purchase price, and
are obliged to purchase the item, plus any
additional charges that you may be obliged to pay
(such as credit card fees - see below).
It is your responsibility to read the Product
Information and Sale Overview about any item we post
for sale on the Site. Please do not rely solely on
the title summary or any photographs of the item
posted on the Site for a complete description of an
item. You must not assume that the description or
photograph of the item in any way offers an opinion
or an assessment of the suitability of an item for
you. If a photograph is provided, please use it as a
guide only.
Please make sure you understand the delivery and
payment terms, including any addendum to those terms
and conditions as outlined in the item's description
or in the Sale Overview.
Your Obligation To Pay
If you agree to purchase an item from online sale,
you must pay:
The purchase Amount; and
Any Delivery Fees agreed to; and
Any Storage Fees per lot per day should items not be
collected within the 72 hour collection period.
Notwithstanding that a purchased item may at our
sole discretion be withdrawn and not processed with
completion of the sale of the item in circumstances
including (but not limited to) where:
There are insufficient funds/ the credit limit is
insufficient to cover the sum of the Invoice Amount
or if the Invoice Amount exceeds $5,000;
If the purchaser fails to make payment of the
Invoice Amount into a bank account nominated by us
within 72 hours of the purchase time; or
We are unable to contact the purchaser for any
reason.
If you fail to comply with any of these Terms and
Conditions, any monies which you paid to us upon
deposit on account of any purchases of an item shall
be forfeited absolutely and we shall be at liberty
to take legal action for recovery of the balance of
the Invoice Amount and any other amounts as may be
owing to us pursuant to these Terms and Conditions.
Processing and Technological Errors
In the event of errors in processing and/or Site
downtime or any other errors or delays caused to the
Site and/ or Service as a result of unforeseen
technological difficulties associated with our
servers, data hosting centre, internet service
provider or any other reason, we hereby reserve the
right to:
Decide (prior to or after the original time set for
conclusion of the online sale) to extend an
online sale for a period of time (determined at
our discretion); and/or,
Decide (prior to or after the original time set for
conclusion of the online sale) to re-open an
online sale for a period of time - to be
determined at our discretion and/or,
Amend at any time prior to or during an online
sale, the start price allocated to an item for
sale online, but only so as to correct any errors
due to processing or technological fault; and/or,
Void that entire online sale transaction and open
the sale again at the original start prices.
Products for sale on Online Sale
In relation to the items sold in an online sale,
we will endeavour to:
provide accurate descriptions to fairly reflect each
item;
pass clear title to the items to you; and
ensure that each item for sale on the Site is
available at the time of the sale.
Subject to any rights you may have under the Trade
Practices Act and similar laws we do not make any
promises that:
The items are fit for a particular purpose;
They are able to be repaired, replaced or serviced
over and above the rights which you have under
vendors warranties;
That we will be able to replace or exchange any of
the items which are found to be defective on
delivery.
Warranty and Indemnity
Unless specifically stated on a particular item in its
description, the items bid for and purchased on this Site are sold
on an \'as-is\' basis without a vendor or manufacturer’s warranty.
MNSonline is not liable for any damages resulting
from an auction, or your visit to the Site. Also, we
do not guarantee secure, continuous or uninterrupted
access to this Site.
Under no circumstances can we, our affiliates or
related entities be liable for any loss whatsoever
which arises from your usage of the Site. You agree
to accept sole responsibility for your usage of the
Site. You agree to indemnify and hold us and (as
applicable) our parent, subsidiaries, affiliates,
officers, directors, agents, and employees, harmless
from and against any claims, demands, proceedings,
losses and damages (actual, special and
consequential) of every kind and nature, known and
unknown, including reasonable solicitors\' fees,
made by any party due to or arising out of your
breach of this Agreement or the terms and policies
it incorporates by reference, or your violation of
any law or the rights of a third party.
MNSONLINE offer a Limited warranty that may be purchased.
This limited warranty is in accordance with the following terms
and conditions:
The limited warranty offered for these products extends for
thirty 30, 60 or 90 days beginning from the date of purchase
of the product;
The limited warranty extends only to the original
purchaser of the product and is not assignable or
transferable to any subsequent purchaser/end user;
This warranty is good only to the original purchaser
of the product during the warranty period as long as
it is in Australia, including Australian
territories; and
The purchaser shall bear the costs of freighting the
product to MNSonline warehouses.
This warranty does not cover:
Defects or damages resulting from the use of the
product in other than a normal and customary manner;
Defects or damage from abnormal use, abnormal
conditions, improper storage, exposure to moisture
or dampness, unauthorised modifications,
unauthorised connections, unauthorised repair,
misuse, neglect, abuse, accident, alteration,
improper installation, or other acts which are not
the fault of MNSonline, including damage caused by
freight, blown fuses, electrical fluctuations,
spills of food or liquid;
Goods that have been damaged in transit; this is
your responsibility and you should refer your
concerns to the freight company of the freight
insurance company.
Breakage or damage to the casing unless caused
directly by defects in the materials or internal
components;
All plastic surfaces and all other externally
exposed parts that are scratched or damaged due to
normal customer use;
Consumables (such as fuses, toners, ink cartridges,
batteries etc);
Products which have had the serial number removed or
made illegible;
Damage resulting from use of non-standard
accessories;
Goods where the security seal has been removed or
tampered with in any way; and
Any claims not received by MNSonline before the end
of the warranty period.
This limited warranty entitles the purchaser to a
full exchange or refund for item where these Terms
and Conditions are fully met.
Rights as Agent and/or Seller
We may withdraw and / or re-offer an item from an
online sale where the item:
Becomes unavailable due to damage;
Or the title to or provenance of the item is
disputed;
Is withdrawn by the manufacturer, distributor or
vendor;
Has been erroneously listed twice; or
Is incorrectly described.
We also reserve the right to change the:
Quantities of products posted;
Maximum number of items which you may buy
Liability and Indemnities
We are not responsible for sales not received,
processed or accepted due to technical difficulties.
In particular, we are not responsible for any loss,
liability or damage incurred by you as a result of a
sale not received, processed or accepted due to
technical difficulties.
We provide the Site and the Service without any
warranty or condition with regard to the Site's
capacity express or implied except those warranties
which are implied by law. In relation to the items
which we auction at the Site, we provide those
warranties implied by law.
Neither we nor our suppliers will be liable for any
lost profits or any special, incidental or
consequential damages (however arising, including
negligence and recklessness) arising out of or in
connection with the delivery of the Service.
We do not guarantee continuous, uninterrupted or
secure access to the Service, and operation of the
Site may be interfered with by numerous factors
outside of our control.
Goods and Services Tax
The Sale Overview will state whether the sale price
of a lot is inclusive of goods and services tax (GST
Inclusive) or exclusive of GST (GST Exclusive).
General Information
Each lot shall be at the buyers risk from the time
of closing and the buyer shall pay, Cash, EFTPOS,
Credit Card or Bank Cheque, for each lot in full
prior to delivery.
Mastercard, Visa, EFTPOS, Bank Deposit and cash are
the acceptable payment methods. Credit card fees
are 1.1% for MasterCard and Visa, 3.3% for American
Express and Diners. Eftpos is $2.20 per $1000 spent.
The Buyer shall remove each lot at his/her own expense
within 72 hours of the Online Sales closing time.
The Buyer may be charged per lot, per day storage fees,
if the item is not paid in full and collected within 72
hours of sale closing time.
If the Purchaser fails to comply with any of these
conditions, the Company shall be at liberty to
legally persue the Purchaser for recovery of the
purchase monies (including costs incured) forthwith.
The Purchaser acknowledges that the Company is
acting as the authorised agent of the Vendor and any
rights of action they may have in respect of the
lots purchased lie against the Vendor, not the
Company.
Any further questions please call (07) 3621 7609
Or email us at: enquiry@mnsonline.com.au
