Terms and Conditions
- About These Terms And Conditions
- Legal Capacity To Transact
- Placing Your Order
- Payment Methods And Processing
- GST
- Prices
- Supply Of Your Products
- Delivery Of Your Products
- Your Rights To Return A Product
- Our Liability
- Your Data - Use And Protection
- Credit Card Fraud
- General
- Force Majeure
- Governing Law
In these Terms and Conditions "we" and "us" mean MalBec
Investments Pty Limited ABN 68 253 640 139 of 37 Eucalyptus Drive,
Cranebrook, NSW 2749 Australia, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the
entire Contract between us and you for the supply of Products. No other
Terms and Conditions will apply. The Contract cannot be varied unless
we agree to vary it in writing or by email.
If you are under the age of eighteen (18) years you can not
place orders with MusicTrolley. By accepting these Terms and Conditions
you acknowledge that you are over the age of eighteen (18) years.
Should MusicTrolley suffer any damage or other losses as a result of a
transaction entered into by a minor, MusicTrolley reserves the right to
seek compensation for such losses from the parents or guardians of the
minor who caused any order(s) to be placed with MusicTrolley.
You may place an Order by filling in the Order Form on the
MusicTrolley Web Site and clicking the "Submit Order" button.
When you place your Order, we will issue you with an Order Number. We
will do this by email.
By placing an Order, you make an offer to us to purchase the Products
you have selected based on these Terms and Conditions. Information
contained on the MusicTrolley website constitutes an invitation to
treat. No information on our website constitutes or should be deemed as
an offer by us to supply any Products, however MusicTrolley will make
every effort to supply Products to you. We will notify you that your
order is being processed by sending you an Order Confirmation and tax
invoice via email, however, we do not formally accept your offer until
your order has passed our internal validation procedures for verifying
the bona fides of each order placed, for the purpose of preventing
credit card or payment fraud. MalBec Investments and its affiliates
reserve the right to refuse service, remove or edit content, or cancel
orders in their sole discretion. If we cannot process or accept your
Order after payment is received we will contact you by email or
telephone.
MusicTrolley currently accepts PayPal, Visa, MasterCard and
Direct Deposit. All payments are processed in Australian Dollars.
Payment processing will not begin until we receive all the information
we need.
Orders placed on a weekend or a Public holiday will not begin payment
processing until the next business day.
Business days are Monday through Friday, excluding NSW Public holidays.
We process credit card and PayPal payments after you click the "Submit
Order" button.
For credit card and PayPal payments we will email a tax invoice to you
with your Order Confirmation. Your tax invoice is your proof of
purchase.
Please follow the directions very carefully when making a direct deposit
Please Note:
*We are unable to accept credit cards issued by banks outside of
Australia.
*Debit cards and cheque cards have daily spending limits that may
substantially delay the processing of your order.
*You may be required to provide further identification for additional
security reference checks.
*If your PayPal payment is funded by an echeque this may substantially
delay processing your Order while payment clears.
*It is imperative that the directions are followed exactly when making
a direct deposit as MusicTrolley will not be liable for any loss of
money from not doing so.
MusicTrolley purchases include GST unless otherwise stated on a Product listing.
PricesMusicTrolley always seeks to list Products with the most competitive prices. MusicTrolley reserves the right to change prices for Products displayed at MusicTrolley at any time.
Supply Of Your ProductsSubject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
Delivery Of Your ProductsDelivery time takes up to 10 working days from the date your
payment is received.
MusicTrolley makes every effort to deliver your Product according to
the estimated delivery times. The estimated delivery times are in
business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the
estimated delivery times provided, estimated ship times may change due
to changes in supply or circumstances beyond our control. If your
Product has not arrived after the estimated delivery time, please
contact us here: info@musictrolley.com.
Unless otherwise agreed by us, we will deliver your Products to the
address indicated on your Order Confirmation. If no-one is available to
take delivery of your Products, our carrier will leave a card so you
can pick-up your Product from your local Post Office. Where delivery is
by our courier service and no-one is available to take delivery, they
will leave a card requesting you to telephone them to arrange a
suitable time and date for delivery.
We will use our reasonable efforts to deliver your Products to you
within the estimated delivery time indicated on your Order
Confirmation; however, we do not guarantee that we will deliver within
this time frame.
Title and risk of loss to all Products will pass to you on delivery.
No refunds, credit or replacements are offered if you have
changed your mind about the product, make an incorrect choice, or
failed to verify and accurately provide information when placing an
Order.
Dead On Arrival Products - "DOA"
A MusicTrolley Product is considered DOA if it shows symptoms of a
failure, or is discovered to be broken when first taken from its
packaging.
A MusicTrolley Customer Service member will provisionally determine
whether the Product is DOA. Where a Product is provisionally determined
as DOA we will arrange to replace the Product.
Refunds will only be offered where a replacement Product can not be
provided.
Where MusicTrolley has provisionally determined that a Product is DOA,
return shipping will be arranged at the expense of MusicTrolley.
If the Product is deemed by Customer Services NOT to be DOA,
MusicTrolley may in its absolute discretion refuse to replace the
Product or offer you a refund for the Product.
When a Product is replaced, your replacement Product becomes your
property and the returned DOA Product becomes our property.
When a refund is given, the returned DOA Product becomes our property.
MusicTrolley reserves the right to test any returned DOA Product. If
the condition of the Product was misrepresented to us by the customer,
MusicTrolleywill impose a $35 handling and administration fee.
Product Problems After Delivery
If your item arrives DOA (Dead On Arrival) or you find a defect arises
after delivery and a valid claim is received by Customer Service within
30 days of delivery, MusicTrolley will exchange the Product where
possible, or refund you the purchase price of the Product. Should you
contact us outside the 30 day period customer service management will
consider each claim on a case by case basis on its merits.
Where we agree to replace the Product or refund you the purchase price
of the Product, you must first return the defective Product to us. You
will be obliged to pay for the return of the Product if the item is
sent after 30 days from dispatch.
We will make arrangements with you for the return of the Product.
The delivery time for replacing the Product will be the same as stated
for the original Product.
Replacement Products are provided with the same Warranty as the
returned Product.
Return Authorisation Number - A Must Have
A Return Authorisation Number (RAN) is required for both replacement
Products and refunds.
Where Customer Service has provisionally determined that a Product is
DOA, Customer Service will issue you with a RAN. Products can not be
returned without a RAN. The Product should be returned to MusicTrolley
within 30 calendar days of the issuance of the RAN. All Products must
be packed in the original, unmarked packaging including any
accessories, manuals, documentation and registration that shipped with
the Product.
Organising the Return of DOA Products
DOA Products must be returned whenever we agree to replace the Product
or provide you with a refund.
When a Replacement Product is arranged:
* A replacement for the same Product that you ordered will be shipped
to you at our expense after we have received your returned DOA Product.
* The delivery time for the replacement Product will be the same as
stated for the original DOA Product.
* Replacement Products are provided with the same Limited Warranty as
the DOA Product.
When a Refund is arranged:
* Refunds include all shipping and associated costs for the DOA Product.
* No refund will be given to you until MusicTrolley has received the
DOA Product from you.
* Refunds will be issued by cheque or direct deposit.
We will not be liable for any loss of income, loss of profits,
loss of contracts, loss of data or for any indirect or consequential
loss or damage of any kind howsoever arising and whether caused by tort
(including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether
in contract, tort (including negligence) or otherwise shall in no
circumstances exceed the amount payable by you to us in respect of the
Product(s) in question.
By placing your Order, you agree that we may store, process
and use data collected from your Order Form for the purposes of
processing your Order. If you so indicate on the appropriate section of
your Order Form, by placing your Order you also agree that we may use
such data, other than credit card details, in order to provide you with
information from time to time on other MusicTrolley Products that may
be of interest to you. If you do not agree to our using such data in
order to provide you with information on other MusicTrolley Products,
you should indicate your non-agreement on the appropriate section of
your Order Form. You may obtain a copy of the data held by us
concerning you on request in writing. We reserve the right to charge an
administration fee for processing such request. If any data held by us
concerning you is incorrect, we will correct it on your written request.
Our registration form requires users to give us contact information
(name and e-mail address) and demographic information (zip code and
date of birth). We use customer contact information from the
registration form to send the user information about our company and
about companies we choose. The customer's contact information is also
used to contact the visitor when necessary and may be shared with other
select companies who want to contact the user. Demographic and profile
data is also collected at our site. We use this data to tailor the
visitor's experience at our site, showing them content that we think
they might be interested in, and displaying the content according to
their preferences. We do not share mailing address, credit card, or any
personally identifiable information (other than e-mail address and date
of birth) with other companies. Demographic and profile data are used
only for personalized Web content and statistical information and are
not shared with other companies except in ways that do not personally
identify our users.
Whilst MusicTrolley employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, MusicTrolley will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
GeneralYou shall not assign any rights and obligations under these
Terms and Conditions whether in whole or in part without the prior
written consent of MusicTrolley. Any unauthorized assignment shall be
deemed null and void.
If any provision of these Terms and Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the
validity of the other provisions of these Terms and Conditions and the
remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions
and warranties cannot be excluded, any liability in MusicTrolleyfor
breach of such conditions and warranties (other than a condition or
warranty implied by section 69 of the Act) shall be limited, at the
option MusicTrolley, to the replacement of the Product(s) or the
re-supply of the same Product(s); the payment of the cost of replacing
the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition
constitutes a waiver of such Term or Condition. Such failure shall in
no way affect the right to later enforce such Term or Condition.
MusicTrolley reserves the right to change the Terms and Conditions of
sale at any time.
No MusicTrolley employee or agent has the authority to vary any of the
Terms and Conditions governing any sale.
MusicTrolley shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of MusicTrolley, and MusicTrolley shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing LawThese Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.