Terms of service

Definitions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, Mondeal Pty Ltd
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means https://www.mondeal.com.au/

TERMS AND CONDITIONS
1. These terms and conditions apply to all supplies of goods and services by Mondeal Pty Ltd The Customer accepts these terms if it:
(a) advised Mondeal that it accepts these terms and conditions; or
(b) places an order for the purchase of goods and/or services from Mondeal on the Website or
(c) after it receives these terms and conditions.
2. Mondeal reserves the right to correct clerical errors in any document used with its customers and to amend these terms and conditions.

DEFINITIONS
3. In these terms and conditions, unless the context otherwise requires:-
GST:
(a) has the same meaning as in the GST Law;
(b) includes any other goods and services tax or any Tax applying to this Agreement in a similar way; and
(c) includes any additional tax, penalty tax, fine, interest or other charge under a law for such a tax.
GST has the meaning given to that term in Section 195 1 of the A New Tax System (Goods and Services Tax) Act, 1999 (Cth, as amended).
"Owner" means the company that owns the website, Mondeal Pty Ltd
"Service Provider" means the person, organisation or company providing the website content management system and hosting services to the Owner for the website.
"User" means the person or entity using the website.
"Website" means https://www.mondeal.com.au/

ORDERING PROCEDURES
1. Supplies may only be ordered using Mondeals approved ordering procedures and relevant forms. Mondeal may choose to accept a non-complying order.
2. There is no contract for the supply of supplies until Mondeal accepts an order by notifying the Customer that it will supply the supplies or despatching the supplies.

PRICE
3. Prices are subject to change without notice and are variable in accordance with Manufacturer's prices and exchange rate variations.

4. Prices are GST exclusive.
5. Special bulk prices can be arranged where the customers indicates their needs over a specific period. Where large volumes are required, special prices can be offered.
6. Special prices at Mondeal’s discretion.

PAYMENT OF TERMS
7. If Mondeal has not approved a credit facility for the Customer then, at Mondeals election, the Customer shall pay the invoice for the supplies prior to Mondeal despatching the supplies. The Mondeal term for this is COD.
8. All credit card orders require payment prior to dispatch. Credit card payments can be made with all major cards: Bankcard, Mastercard, Visa, Diners, American Express. EFTPOS is also available for your convenience.

DELIVERY AND QUALITY OF SUPPLIES
9. Standard delivery charge $20 per order.

10. All supplies delivered by Mondeal to the Customer shall, to the extent permitted by law, be deemed to have been received by the Customer in good order and condition as soon as the delivery docket has been signed by the Customer, their carrier or agent.

11. Under no circumstances shall Mondeal be liable for any loss or damage suffered by the Customer as a result of any late delivery or non-delivery of any supplies. Delivery times are estimates only.

SUITABILITY OF SUPPLIES
12. Any description of supplies given by Mondeal is for the purposes of identification only, and the Customer acknowledges that any sale of supplies under these terms is not a sale by description.
13. The Customer acknowledges that it relies entirely upon its own knowledge, skill and judgment and that of its agents and employees in selecting and ordering supplies from Mondeal Mondeal will not provide any advice, express or implied, as to whether particular supplies are fit for any purpose, unless expressly agreed in writing signed by Mondeal.

CLAIMS
14. The Customer shall advise Mondeal in writing of any claims:
(a) in respect of deficiency or in respect of loss or damage that has occurred to supplies while they are in the custody of Mondeals carrier - within 7 days of receipt of the supplies; and
(b) for non-delivery where Mondeals carrier was to deliver the supplies - within 14 days of the agreed delivery time (or if there was no agreed delivery time within 7 days of the reasonable delivery time).

WARRANTIES AND LIABILITY
15. Subject to the following sentence, all terms (whether express, implied, oral or otherwise except for mandatory legislative requirements) not expressly stated in these terms are excluded.
16. Subject to mandatory legislative requirements Mondeal shall be under no liability to the Customer in respect of any loss or damage (including loss of profits, loss of revenue, loss of opportunity, loss of use, loss of goodwill or any other direct or indirect loss or damage whatsoever) whether arising in contract, tort (including negligence), equity, pursuant to statute or under any other principle of law except that
(a) in the case of supplies which are goods, where those supplies are defective, Mondeal will, at Mondeals election:
i. replace the supplies or supply equivalent supplies;
ii. repair the supplies;

TERMINATION
17. Mondeal may terminate the agreement constituted by these terms ("Agreement") immediately by notice in writing if:
(a) the Customer is in breach of any term of this Agreement and such breach is not remedied within 30 days of written notice by Mondeal;
(b) the Customer becomes, threatens or resolves to become, or is in jeopardy of becoming subject to any form of insolvency administration;
18. If such notice is given to the Customer, Mondeal may in addition to terminating this Agreement:
(a) repossess the supplies from the Customer;
(b) retain any monies paid by the Customer, including any deposit;
(c) be regarded as discharged from any further obligations under this Agreement; and
(d) pursue any additional or alternative remedies provided by law.

RETURNS

19. Mondeal shall not be obliged to accept the return of any supplies, but may, in its absolute discretion, subject to mandatory legislative requirements, accept the return of particular supplies as long as unused, un-opened and reasonable dating, i.e. Not expired. Or on whatever conditions it thinks fit.

20. Returns not accepted without prior agreement. All claims for return under all circumstances are to be made within seven (7) days of delivery. Goods returned are to be approved for acceptance before a credit is raised. Exemptions are by special arrangement only.

21. Mondeal reserves the right to charge a re-stocking fee of 10% of the full invoiced amount in respect of supplies returned by the Customer provided the supplies returned were the supplies that were supplied.

RESALES
22. Mondeal may set out or refer to a recommended retail price for supplies. In such a case, the price set out or referred to is a recommended price only and there is no obligation for anyone to comply with the recommendation.

INTELLECTUAL PROPERTY
23. The Customer shall treat all information disclosed to it by or on behalf of Mondeal or acquired by the Customer concerning Mondeal or the supplies Mondeal’s confidential information and shall not use or disclose the same except:
(a) to the extent necessary in order to make effective use of the supplies;
(b) to obtain professional advice concerning this Agreement;
(c) to the extent disclosure is required by law; or
(d) to the extent any relevant information shall become public knowledge other than through the Customer's act or omission.
24. All intellectual property (including copyright) in all applicable plans, drawings, designs and text, which are made available to the Customer shall be solely owned by Mondeal and shall be delivered up to that company immediately on Mondeal’s request. The Customer acknowledges that no intellectual property licence is granted by this Agreement.

PRIVACY
25. Mondeal in accordance with its Privacy Policy, collects personal information (as defined in the Privacy Act, 1988 (Cth)) such as billing and delivery contact names and addresses information to assess the Customer's credit application (if applicable) and for other credit reporting purposes set out in the credit application, to facilitate provision of the supplies requested by the Customer and, unless Mondeal is told otherwise, for marketing purposes.
26. If the Customer provides to Mondeal personal information about any other person, it is the Customer's responsibility to bring to their attention the contents of this clause. Mondeal may disclose the personal information to its agents, contractors and external advisers (for example, transport contractors and debt collection agencies) who are bound by confidentiality obligations. Failure to provide requested personal information may mean that Mondeal is unable to provide the supplies requested.

27. The Customer consents to any electronic address it has set out on the application form being used by Mondeal to send the Customer electronic messages for the purposes of administering the Customer's account and, unless Mondeal is told otherwise, for marketing purposes.