Terms of service

Terms of Service

Overview

This website is operated by Mad Ruffi Rugged ("we", "us", "our"). Mad Ruffi Rugged is an Australian online store selling rugged phones and related products to customers in Australia.

By visiting our website or purchasing from us, you agree to these Terms of Service ("Terms"). They apply together with our Privacy Policy, Returns & Refunds Policy and Shipping & Delivery Policy. If you do not agree to these Terms, please do not use our website or purchase from us.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, that cannot lawfully be excluded, restricted or modified. This includes your rights under the Australian Consumer Law. Where these Terms would otherwise do so, they are read down to the extent necessary to comply with the law.

1. Using our website

You must be at least 18 years old, or have the consent of a parent or guardian, to place an order.

If you create an account, you are responsible for keeping your login details secure and for the accuracy of the information you give us.

2. Our products

We aim to describe and display our products accurately. Product specifications, ratings and features are listed only where they are documented for that model. On-screen colours and product images may vary slightly from the actual product.

Mobile network coverage, VoLTE functionality and other carrier-dependent features vary by carrier, plan and location. Please check the product specifications and your carrier's requirements before ordering.

Products are subject to availability. We may limit quantities, or discontinue products, at our discretion.

3. Orders

Placing an order is an offer to purchase. Your order is accepted when we confirm it by email. We may decline or cancel an order, for example where a product is unavailable, a pricing or description error has occurred, or we suspect fraud. If we cancel an order after payment, we will refund the full amount to your original payment method.

Please make sure your contact details and delivery address are complete and accurate.

4. Prices and payment

All prices are in Australian dollars (AUD). Prices displayed to Australian customers include GST where applicable. Shipping options and any shipping costs are shown at checkout before you complete your purchase.

Payment is processed at checkout through our secure payment providers. We do not store your full card details.

If a product is listed at an incorrect price due to an error, we may cancel the order and refund you in full, or contact you to confirm the correct price before proceeding.

5. Shipping and delivery

Shipping is described in our Shipping & Delivery Policy. Delivery estimates are a guide only and may be affected by courier delays, public holidays, weather or other circumstances outside our control.

Risk in the products passes to you when they are delivered to the delivery address you gave us. Ownership passes to you on delivery, once we have received full payment.

If your delivery is delayed, lost or arrives damaged, please contact us and we will help investigate with the courier and resolve the issue in line with your rights under the Australian Consumer Law.

6. Returns and refunds

Returns and refunds are handled under our Returns & Refunds Policy. We do not offer returns, refunds or exchanges for change of mind.

Nothing in that policy or in these Terms limits your rights under the Australian Consumer Law. This includes your rights where a product is faulty, unsafe, not as described or otherwise fails to meet a consumer guarantee.

7. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the 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.

Any manufacturer's warranty applies in addition to these rights and does not replace them.

8. Intellectual property

The content of this website, including its text, design, logos, graphics and layout, is owned by or licensed to us and is protected by applicable intellectual property laws. You may view and print pages for your personal, non-commercial use. You must not otherwise copy, reproduce, modify, distribute or commercially use our content without our written permission, except as permitted by law.

Third-party brand names and trademarks, including Ulefone, belong to their respective owners. They are used on this website only to identify the products we sell.

9. Third-party tools and links

Our website may include tools, services or links provided by third parties. We do not control and are not responsible for third-party websites or services, and your use of them is at your own discretion and subject to their terms.

10. Relationship with Shopify

Mad Ruffi Rugged is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Mad Ruffi Rugged. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Mad Ruffi Rugged, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Mad Ruffi Rugged.

11. Privacy

Our collection and use of personal information is described in our Privacy Policy.

12. Reviews, comments and feedback

If you send us feedback, reviews or other content, you confirm it is your own, is accurate, and is not unlawful, misleading or offensive. You grant us a non-exclusive, royalty-free licence to use, display and reproduce that content in connection with our business. We may remove content at our discretion.

13. Errors and inaccuracies

Occasionally our website may contain errors or omissions relating to product descriptions, pricing, availability or promotions. We may correct them and update information at any time, including after an order has been placed. If a correction affects your order, we will contact you before proceeding and you may cancel for a full refund.

14. Prohibited uses

You must not use our website:

for any unlawful purpose;
to infringe our rights or the rights of others;
to upload or transmit viruses or other malicious code;
to interfere with the security or operation of the website; or
to submit false or misleading information.

15. Suspension and termination

We may suspend or end your access to our website if you breach these Terms. Any orders already accepted, and any rights you have under the Australian Consumer Law, are not affected.

16. Warranties

Except for the guarantees, warranties and rights that cannot be excluded under the Australian Consumer Law or other applicable law, and any express warranty we give in writing, we give no other warranties about our website or products. Any manufacturer's warranty is provided by the manufacturer and is in addition to your rights under the Australian Consumer Law.

17. Limitation of liability

Nothing in this section limits or excludes any liability that cannot lawfully be limited or excluded, including under the Australian Consumer Law.

Where the law allows us to limit our liability for a failure to comply with a consumer guarantee for goods not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of doing any of those things.

To the extent permitted by law, we are not liable for any loss that was not reasonably foreseeable, or that was caused by your breach of these Terms or by events outside our reasonable control.

18. Indemnity

To the extent permitted by law, you agree to indemnify us against loss or damage arising from your breach of these Terms or your misuse of our website, but only to the extent that loss or damage was caused by that breach or misuse. This does not limit your rights under the Australian Consumer Law.

19. Severability

If any part of these Terms is found to be invalid or unenforceable, that part will be read down or removed to the extent necessary, and the remaining Terms will continue to apply.

20. Waiver and entire agreement

If we do not enforce any part of these Terms, that is not a waiver of our rights. These Terms, together with the policies referred to in them, form the entire agreement between you and us for the use of our website and purchases from us.

21. Governing law

These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

22. Changes to these Terms

We may update these Terms from time to time by posting the updated version on our website. The Terms in effect when you place an order apply to that order.