Buying Online Terms & Conditions

Online Terms and Conditions of Sale

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AND LIMITATIONS AND EXCLUSIONS THAT MAY AFFECT YOU.

1. When these terms and conditions apply

  1. These terms and conditions apply to all orders for goods and services placed with Aggregato Direct Pty Ltd (ACN 141 627 152) trading as "GRLmobile" (GRLmobile, we, our, us) by a customer (you, your) through the website at GRLmobile.com (website). By placing an order through the website, you agree to be bound by these terms and conditions. No variation to these terms and conditions will be valid unless GRLmobile expressly agrees to the variation in writing.
  2. These terms and conditions do not apply to sales of goods or services if the website states that those goods or services are covered by different terms and conditions.

2. If you have ordered a telecommunications service

  1. If you have ordered a telecommunications service, then these terms and conditions will apply to the supply of any mobile phone or other accessories that came bundled with that service ("Bundled Goods"), but not to the telecommunications service itself.
  2. Any telecommunications service supplied by GRLmobile will be governed by the GRLmobile Standard Form of Agreement and any other terms notified to you at the time of your application (in the case of a postpaid service) or notified to you prior to the activation of your service (in the case of a prepaid service). The applicable Agreement may require you to meet our credit or other eligibility requirements (which may include a credit check).
  3. If you have ordered a postpaid telecommunications service, we will contact you separately to confirm eligibility, perform any necessary credit checks and complete the contract for your service.

3. Order placement; when contract of sale is formed

  1. The depiction of goods or services on the website does not constitute an offer by GRLmobile to sell them. No contract of sale is formed until you place an order for the relevant goods or services, and we notify you in writing (including by email to the email address specified by you) that your order has been accepted. Your order will not be taken to have been accepted merely because:
  2. You have received a notice from us acknowledging receipt of your order; or
  3. You have received a request from us to confirm your identity or other details relating to your order; or
  4. Payment has been charged to your credit card.

GRLmobile will notify you if for any reason your order is not accepted or the goods are not despatched within 7 days after the placement of your order. If payment has been charged to your credit card at that time then GRLmobile will refund the payment at the time of sending you the notice.

In the case of Bundled Goods for a postpaid telecommunications service, no contract of sale is formed until the contract for your telecommunications service has been completed.

  1. GRLmobile reserves the right to accept or decline any order for any reason, or to require you to confirm your identity or provide additional information to allow us to process your order.

4. No alteration or cancellation of Orders
Once you have placed an order, you cannot change it or cancel it without GRLmobile express agreement. If we agree to alter or cancel your order, you must pay us any loss, damage, cost or expenses incurred by us in relation to the cancellation.

5. Prices and Specifications

  1. Prices and other product information quoted on the website are subject to change from time to time without notice. The price of goods or services ordered by you will be the price quoted on the website (typically summarised in the 'checkout' page on the website) at the time you place your order.
  2. All prices quoted on the website are in Australian dollars and inclusive of Australian Goods and Services Tax (GST), but do not include any other tariffs, duties, or other taxes or government imposts. If you are not an Australian resident, you may be liable to pay additional tariffs, duties or other taxes in connection with your order. GRLmobile IS NOT RESPONSIBLE FOR THE PAYMENT OF THOSE ADDITIONAL TAXES, CHARGES, OR DUTIES AND YOU MUST REIMBURSE US FOR THEM ON DEMAND IF WE ARE REQUIRED TO PAY THEM.
  3. Any images, dimensions or other specifications or particulars published on the website in connection with goods or services are provided by way of identification only and are subject to change without notice. The use of that information does not constitute a sale by description.

6. Payment

  1. Payment is due immediately upon placement of your order. When placing an order with GRLmobile, you must provide us with your valid credit card number and any other information we request through the website to enable us to process your order. We will charge your credit card at the time your order is placed with us. GRLmobile will refund payments received from you in relation to your order if for any reason the order is not accepted by us or the goods are not despatched within 7 days after the placement of your order.
  2. You warrant that any credit card details provided by you are true and correct and that you are authorised to charge the relevant payment to that credit card. YOU MUST INDEMNIFY GRLmobile FROM AND AGAINST ANY LOSS OR DAMAGE IT SUFFERS IN CONNECTION WITH A BREACH OF THIS WARRANTY.
  3. If GST is payable on a supply of goods or services ordered through the website, you must pay us the applicable GST in addition to the consideration for the supply of the relevant goods and services. If you believe that your order is exempt from GST, you should contact GRLmobile on 1300 475 475.

7. WARRANTIES AND LIABILITY

  1. Goods supplied to you through the website will be covered by the applicable manufacturer's warranties (if any) described in the relevant packaging and, where applicable, the terms of any additional warranty coverage purchased with your products. TO THE EXTENT PERMITTED BY LAW, GRLmobile EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY STATUTE, THE COMMON LAW, EQUITY, TRADE, CUSTOM OR USAGE OR OTHERWISE), INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NOTHING IN THESE TERMS EXCLUDES, LIMITS OR MODIFIES ANY CONDITIONS OR WARRANTIES IMPLIED BY LEGISLATION WHICH CANNOT LAWFULLY BE EXCLUDED.

    SO FAR AS THE LAW PERMITS:

    1. GRLmobile IS NOT LIABLE IN ANY WAY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR FOR LOSS OF PROFIT INCLUDING, WITHOUT LIMITATION, ANY SUCH LOSS CAUSED BY REASON OF DELAY, DEFECTIVE OR FAULTY MATERIALS OR WORKMANSHIP, NEGLIGENCE OR ANY ACT OR MATTER OR THING DONE, PERMITTED OR OMITTED BY US;
    2. GRLmobile LIABILITY FOR A BREACH OF A CONDITION OR WARRANTY THAT IS IMPLIED INTO THIS CONTRACT AND CANNOT BE LAWFULLY EXCLUDED IS LIMITED, AT OUR OPTION, TO:
    3. IN THE CASE OF GOODS - THE REPLACEMENT OR REPAIR OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR THE COST OF REPLACING OR REPAIRING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR
    4. IN THE CASE OF SERVICES – SUPPLYING THE SERVICES AGAIN OR THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

8. Deliveries

  1. Goods will be delivered to the delivery address you nominate when submitting your order, but we only deliver to addresses in Victoria, New South Wales, Queensland, South Australia, Tasmania, Western Australia, the Australian Capital Territory or the Northern Territory.
  2. If requested, you must provide reasonable proof of your identity and sign an acknowledgement of receipt of the goods, at the time the goods are delivered to your nominated delivery address.. If you are not present at the time we or our chosen carrier attempts to deliver the goods to your nominated delivery address, or you cannot provide reasonable proof of your identity, we or our chosen carrier may keep the goods for collection by you at a later time. We will notify you if that happens using the contact details you have provided, and you must then collect the goods from our chosen carrier at your own expense.
  3. We will publish on the website the estimated delivery timeframes that apply to different types of goods and will endeavour to deliver the goods to you within the applicable timeframe. The published delivery timeframes are estimates only and do not form part of the contract. You are not relieved of your obligation to accept or pay for the goods because of any delay in delivery.
  4. We are not liable for any failure to deliver or delay in delivery for any reason beyond our reasonable control.
  5. We reserve the right to make part deliveries of any order. Failure to make a delivery of the total order shall not invalidate the contract of sale in relation to goods actually delivered.
  6. If we reasonably determine that your order is not deliverable to your nominated delivery address due to the address provided being invalid, a lack of reasonable access to that address or you do not collect the goods within 15 days after being notified that they have been kept by our chosen carrier for collection by you, we may cancel the contract and the relevant goods will be returned to us at your expense, and made available for sale to other customers. In those cases we will refund you the price you have paid for the goods, less any delivery charges.

9. Goods Damaged in Transit
You must inspect your goods at the time of delivery. IF YOU BELIEVE YOUR GOODS HAVE BEEN DAMAGED IN TRANSIT, YOU MUST NOTIFY US WITHIN 48 HOURS AFTER RECEIVING THEM (OR COLLECTING THEM FROM OUR CHOSEN CARRIER, WHERE APPLICABLE). IF YOU DO NOT NOTIFY US OF THE DAMAGE WITHIN THAT PERIOD, THE RELEVANT GOODS WILL BE TAKEN TO HAVE BEEN RECEIVED IN GOOD CONDITION AND YOU WILL WAIVE ANY CLAIMS IN RESPECT OF ANY DAMAGE THAT MAY HAVE OCCURRED IN TRANSIT.
To notify us you must call GRLmobile on 1300 475 475. We will either make arrangements with you to collect the goods from you or send you a prepaid envelope to return the goods, and you must then return them to us together with your proof of purchase and delivery documents, and all packaging, CDs, manuals and accessories supplied with the goods in their original condition.

10. Warranty Claims
To make claims under the relevant manufacturer's warranty or (where applicable) any other warranty coverage purchased with your goods, you must do one of the following:

  1. to make claims under the relevant manufacturer's warranty or (where applicable) any other warranty coverage purchased with your goods, you must call GRLmobile on 1300 475 475. Then: we will make arrangements with you for you to return the goods to us; and
  2. you must return them to us in their original packaging, including all instruction manuals and accessories, together with your proof of purchase, or send or present the goods at the relevant manufacturer's service centre, together with the other items mentioned above and your proof of purchase (in which case you will be responsible for all postage and handling costs), depending on the arrangements we make with you for their return.

All warranty claims will be handled in accordance with our Deliveries, Returns & Refunds Policy posted on our website at http://grlmobile.com/terms and We and You agree to comply with that policy.

11. Returns and Refund Policy
GRLmobile will not accept a return or offer a refund in respect of any goods unless:

  1. They have been damaged in transit and you have notified us of the damage in accordance with these terms and conditions; or
  2. They are the subject of a valid claim under any manufacturer's or other warranties applicable to or purchased with the product, and you comply with the terms of our Deliveries, Returns & Refunds Policy posted on our website at http://grlmobile.com/terms.

However, nothing in these terms and conditions affects any rights you may have under any conditions or warranties which we cannot lawfully exclude.

12. Waiver
Failure by us to insist on strict performance of any term, warranty or condition of the contract will not be taken as a waiver of it or of any of our rights and no waiver will be taken as a waiver of any subsequent breach of any term, warranty or condition.

13. Governing law
The laws of Victoria, Australia govern these terms and conditions and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria.

Version: 100323 Online Terms and Conditions of Sale