PRO AUDIO GROUP (AUSTRALIA) ONLINE STORE TERMS AND CONDITIONS AS AT 30 AUGUST 2016.
1. Terms & Conditions
1.1 These terms and conditions (the Terms) govern each order, purchase and delivery of goods from Pro Audio Group (Australia) Pty Ltd ABN 20 151 896 374 (“we”, “us”) via the website at the URL https://proaudiogroup.com.au (the Website).
1.2 You agree to the Terms each time you submit an order via the Website, and each such order is a separate contract between you and us. These Terms and our Website Terms and Conditions contain the entire agreement between you and us relating to the purchase of goods via the Website.
1.3 We can accept or reject your order at any time and for any reason. If your order is rejected, we will provide a refund of the purchase price that you have paid us in connection with that order.
1.4 It is a condition of the sale of goods via the Website that such goods are purchase by you for personal, non-commercial use only, and not for re-sale or for commercial use.
2. Availability and Appearance
2.1 From time to time, goods shown on the Website may be unavailable and we may not be able fulfil all or part of your order. In that case, we will refund the purchase price that you have paid us for that part of your order that cannot be fulfilled.
2.2 We can reject, or elect not to fulfil, any order that is based on any incorrect offer made via, or incorrect information appearing on, the Website, in which case we will refund the purchase price that you have paid us for any part of your order that is affected by an incorrect offer or information.
2.3 We can withdraw from sale any goods appearing on the Website, at any time, and for any period. If you have paid for goods which we have withdrawn from sale, we will provide a refund of the purchase price that you have paid us in connection with that order.
2.4 Pictures of goods on the Website only illustrate the category of the relevant product: the actual goods that you order may not match their appearance in any picture on the Website. The goods that are offered for sale are those described in the written description that forms part of your order, and do not include any accessories of other goods that may appear in the picture. Dimensions, finish and colours described on the Website are approximate, and the precise dimensions, finish or colour of the goods you purchase may vary from the approximate description given on the Website.
3.1 Each time you place an order via the Website, we will charge you, and you agree to pay, the purchase price and any delivery charges set out in our online order form via the Website. All prices and charges are in Australian dollars and include goods and services tax (GST).
3.2 We may change the price of any goods at any time, although orders will be fulfilled at the advertised price at the time of your order (subject to any incorrect information, refusal or withdrawal under these Terms).
3.3 We require cleared funds before the sale is complete. Risk and title in the goods only passes to you on successful delivery of the goods.
4.1 You cannot cancel or change any order unless we agree. We will dispatch the goods to the delivery address that you specified in our order form.
4.2 You may be able to return physical goods to us under the following returns policy. Acceptance of returns will be entirely at our discretion. We do not, for example, generally accept “change of mind returns. We will not consider exercising that discretion unless:
(a) You first request a return from us in writing within 7 days of the date you took delivery from us, and we issue you a returns authorisation number ( each a “RAN”);
(b) You return the goods to us within 7 days of the date we issue you a RAN;
(c) The goods are un-damaged, unsoiled and contained within the original packaging;
(d) You supply with the returned goods the RAN, the original order or receipt number and date of order; and
(e) You meet all costs of freight of the return.
4.3 Returns that are approved by us will entitle you only to the remedies set out in clause 5 below unless we agree otherwise. When we provide you with replacement goods, you will incur a re-stocking fee of up to 25% of the sale price, which you must pay before we dispatch the replacement goods.
4.4 If any goods are the subject of a product recall then we will post a notice on the Website, and such goods are approved for return according to the notice we post. We can also (but are not obliged to) contact the person nominated in the contact field of your order form, to notify them of any recall.
5. Limited Warranty
5.1 The Competition and Consumer Act 2010 (Cth) (CCA) and similar State and Territory Fair Trading legislation in Australia may confer rights, guarantees and remedies on you in relation to goods we supply via the Website, which cannot be excluded, restricted or modified by these Terms. As a result, those rights, guarantees and remedies are not excluded by these Terms, but all other conditions and warranties implied by custom, law or statute are excluded.
5.2 In these Terms, "Consumer Guarantee" means any guarantee (other than a guarantee under section 51, 52 or 53) applicable under the Australian Consumer Law (in Division 1, Part 3-2 of Schedule 2 to the CCA and any equivalent State or Territory Fair Trading legislation) to goods and services acquired by consumers. To the fullest extent permitted by law, our liability for any breach of any Consumer Guarantee, which cannot be excluded, is limited at our option to:
(a) (services) in the case of services supplied or offered by us, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption:
(i) the supply of the services again; or
(ii) the payment of the cost of having services supplied again; and
(b) (goods) in the case of goods supplied or offered by us, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
5.3 For certain goods, we are able to give you, conditional upon your on registration with our warranty scheme, additional warranties to the statutory warranties and Consumer Guarantees you enjoy by operation of law. You can check our Warranty Registration page to see whether you can register for an additional warranty for a particular item of goods.
6.1 We may change these Terms from time to time. The change will take effect on and from the day we post notice of the change on the Website. (For the avoidance of doubt, the Terms which apply to any order are those that were in force when you made the order.)
6.2 We (including our agents, employees or contractors) will never be liable for any direct, indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during or as a result of our performance or non-performance of these Terms.
6.3 No failure by us to enforce any right or provision of these Terms will be deemed a waiver of such right or provision.
6.4 The validity, construction, breach and operation of these Terms are be governed by the laws of, and will be adjudicated in the State of, New South Wales.
6.5 If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
6.6 Any notices required or able to be given by us under the Terms may be given by email to any email address you provide to us. Any notices required or able to be given by you may be sent to complianceATproaudiogroupDOTcomDOTau .