Notice: By clicking on "I agree" at the bottom of this document, you will be entering into a legally binding contract.
In these Terms and Conditions ("T&Cs"):
1.1 “You” means the you and any person on whose behalf and with whose knowledge you are acting;
1.2 "Goods" means the goods that You order through the Website;
1.3 “GST” has the same meaning as in the GST Act;
1.4 “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
1.5 “Us” and “We” means Guitar Toyz Pty Ltd (ABN 82 123 111 553), its successors and assigns;
1.6 “Tax Invoice” has the same meaning as in the GST Act; and
2.1 By clicking on "I agree" at the bottom of these T&Cs, they become a legally binding contract between You and Us.
2.2 All Goods supplied by Us to You are provided subject to these T&Cs.
2.3 These T&Cs shall prevail over your terms and conditions.
2.4 All representations, statements, terms and conditions not embodied in these T&Cs are expressly excluded to the full extent permitted by law.
3.1 In placing an order, You must provide Us with your name and delivery address as requested by Us.
3.2 You warrant that the name and address details that You provide Us with are true and correct, and that You are the person that You claim to be.
3.3 You cannot cancel an order after it has been placed.
4 Dispatch of Goods
4.1 We will dispatch the Goods to You by post once You have:
(a) placed your order in accordance with clauses 3.1; and
(b) paid for your order in full.
4.2 We may decline to provide some or all of the Goods if:
(a) the delivery address is outside Australia;
(b) We believe that You have provided us with a false name or address; or
(c) We are unable to provide some or all of the Goods for any reason.
In that case, no liability on us will arise.
4.3 If you have ordered multiple Goods, we may dispatch the Goods in instalments. Each instalment will be considered a separate order and our inability to provide some of the Goods under clause 4.2(c) does not cancel the balance of the order.
4.4 We will dispatch the Goods as soon as possible, but give no warranty as to delivery time and will not be liable for delays in delivery.
5 Risk and Title
5.1 Title in Goods remains with Us until You have paid for the Goods in full.
5.2 Risk in Goods rests with Us until We dispatch the Goods to your nominated delivery address under clause 4.4 or 7.6.
6.1 All payments must be by credit card. We will charge your credit card upon receipt of your order and before dispatching the Goods.
6.2 If we decline an order under clause 4.2, we will not charge your credit card and will refund any amount already charged.
6.3 All fees and charges are in Australian dollars and where applicable include GST.
7.1 The Goods are covered against faulty manufacture, failure or malfunction, other than fair wear and tear, by a 12 month warranty.
7.2 The warranty period starts from the date of dispatch.
7.3 If the Goods fail or malfunction during the warranty period, other than due to abuse, we will repair the Goods at our cost. If we cannot repair the Goods then we will replace them with equivalent goods (which may be used or reconditioned) at our cost.
7.4 To make a warranty claim, You must contact Us of your claim, and provide Us with the order number issued by Us to You at the time of receiving your order or dispatching the Goods. We will then notify You of where You need to send the Goods.
7.5 You must send the Goods to Us at your cost, and state your return address which must be in Australia.
7.6 Upon receiving the Goods, We will endeavour to repair or replace the Goods as soon as possible and return them to your stated return address. We give no undertaking as to how quickly we will return the Goods to You.
8.1 Except to the extent that the exclusion, restriction or modification of certain conditions, warranties and rights is prohibited in the context of these Terms and Conditions, by the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation, any conditions, warranties or rights implied to Your benefit by legislation, conduct or common business practice are hereby excluded to the maximum extent permissible.
8.2 Without derogating from clause 7.1, where a condition, warranty or right cannot be excluded but under section 68A of the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation may be restricted, Our liability is limited, in the case of goods, to the replacement of the goods or the supply of equivalent goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired, and in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
8.3 Subject to clauses 7 and 8.2, We will not be liable for any loss or damage whatever due to failure by Us to deliver the Goods (or any part of them) promptly or at all, or for any breach of these T&Cs. Our failure to deliver shall not entitle either party to treat this contract as repudiated.
9.1 If any provision of these T&Cs shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
9.2 These T&Cs are subject to the laws of Victoria, Australia and the exclusive jurisdiction of the courts and tribunals of that State.