TERMS AND CONDITIONS FOR GOODS SOLD BY BALANCE MUSIC PTY LTD FROM BALANCEMUSIC.COM.AU
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and BALANCE MUSIC Pty Ltd (ACN 143 561 273) (“BALANCE MUSIC”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from www.balancemusic.com.au. By placing an order for Goods from BALANCE MUSIC you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;“International Delivery Charges” has the meaning given in Section 3.5;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Pre-Orders” means an Order placed for a product (e.g. CD, LP, or digital download) prior to the official release date of that product;
“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age;
“Selected Delivery Option” has the meaning given in Section 9.7; and
“Website” means https://www.balancemusic.com.au
2. YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that BALANCE MUSIC represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. PRICING & TAXES
3.1 Prices for Goods are as shown on the Website.
3.2 BALANCE MUSIC reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by BALANCE MUSIC.
3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply BALANCE MUSIC will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, BALANCE MUSIC will cancel your Order. BALANCE MUSIC will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
3.5 If BALANCE MUSIC agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
3.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
3.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
4. YOUR ACCOUNT
4.1 If you do not already have an Account you will need to create one before placing an Order.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to BALANCE MUSIC that all information provided by you in relation to your Account is complete, true and accurate
4.4 You must notify BALANCE MUSIC immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BALANCE MUSIC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify BALANCE MUSIC, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If BALANCE MUSIC suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify BALANCE MUSIC then you must pay BALANCE MUSIC the amount of that loss, damage, cost or expense if BALANCE MUSIC asks you to.
5.1 You can place an Order by following the instructions on the relevant BALANCE MUSIC website.
5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. BALANCE MUSIC may accept or reject your offer in its absolute discretion. In particular, but without limitation, BALANCE MUSIC may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact firstname.lastname@example.org.
5.3 Each Order that you place will, if accepted by BALANCE MUSIC, be a separate and binding agreement between you and BALANCE MUSIC with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing BALANCE MUSIC with their personal information and, by placing an Order, you confirm to BALANCE MUSIC that you have done this.
5.5 Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to BALANCE MUSIC that you are:
(a) 18 years of age or older, where you Order products that are classified R18+;
(b) 15 years of age or older, where you Order products that are classified MA15+.
When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
5.6 Please ensure that you enter all information carefully when placing an Order. You warrant to BALANCE MUSIC that all information provided by you in relation to each Order is complete, true and accurate.
5.7 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by BALANCE MUSIC. BALANCE MUSIC will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.8 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BALANCE MUSIC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by BALANCE MUSIC, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.9 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. BALANCE MUSIC cannot consolidate separate Orders into one delivery.
5.10 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.
5.11 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
5.12 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.13 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.14 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BALANCE MUSIC will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
6.1 When you submit an Order you will receive an Order reference number via e-mail.
6.2 BALANCE MUSIC will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by BALANCE MUSIC when BALANCE MUSIC does this, however BALANCE MUSIC may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that BALANCE MUSIC cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1. This Section 6.2 does not apply for Pre-Orders which you are paying for by credit card.
6.3 If you are paying for a Pre-Order by credit card, BALANCE MUSIC will take a $1 pre-authorisation from your card when, or shortly after, you place your Order. However, actual payment is not taken at this time and is made in accordance with clause 6.4 below
6.4 If you are paying for a Pre-Order by credit card, BALANCE MUSIC will take payment for your Order immediately before dispatch of the Goods to you. Your Order is deemed to be accepted by BALANCE MUSIC when BALANCE MUSIC does this.
6.5 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 6.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly PayPal processes the cancellation. For BALANCE MUSIC Gift Card payment the time that it takes for the refund to take effect is likely to be between 5-10 days.
6.6 When BALANCE MUSIC accepts an Order it represents an agreement by BALANCE MUSIC to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.7 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account or by BALANCE MUSIC Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, BALANCE MUSIC may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise BALANCE MUSIC to deduct the price and the applicable delivery charge(s) from such card.
6.8 BALANCE MUSIC reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.9 BALANCE MUSIC may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, BALANCE MUSIC reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.10 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. CANCELLATION OF ORDERS
7.1 BALANCE MUSIC reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. BALANCE MUSIC may do this for example, but without limitation, where:
(a) BALANCE MUSIC’s suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond BALANCE MUSIC’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that BALANCE MUSIC is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask BALANCE MUSIC to cancel your Order in accordance with section 5.8; or
(e) in the circumstances set out in Sections 3.4 or 6.9.
7.2 You may cancel your Order where BALANCE MUSIC:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside BALANCE MUSIC’s control including the situations set out in Sections 7.1(a) and (b) above.
7.3 Where BALANCE MUSIC cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
7.4 In the event of BALANCE MUSIC or you cancelling your Order after payment has been processed, BALANCE MUSIC will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.
7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, BALANCE MUSIC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. AVAILABILITY OF GOODS/REFURBISHED STOCK
8.1 As BALANCE MUSIC is dependent upon its Suppliers to provide stock, BALANCE MUSIC cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. BALANCE MUSIC reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BALANCE MUSIC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.
9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will generally only be delivered to addresses within Australia and international countries as listed in the website. If BALANCE MUSIC is unable to deliver to certain parts of Australia and certain international countries, and where this is the case, you will not be able to process your Order through the website.
9.3 BALANCE MUSIC does not deliver to PO Boxes or Postal Lockers in Australia or International countries, due to courier company restrictions.
9.4 Following dispatch of your Goods, BALANCE MUSIC will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, the courier company will, at their discretion:
(a) take your Goods to the delivery service provider’s local depots, or postal office;
Please note that if you do not pick up your Goods from the nominated alternate delivery point within 7 days, your Goods maybe back to BALANCE MUSIC warehouse.
9.6 When you place an Order for Goods to be delivered, BALANCE MUSIC will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order;
(a) Australia 3-5 days
(b) International countries 7-14 days (Please note BALANCE MUSIC does accept responsibility for Customs rejecting the shipment, orders are placed at customers own risk, and BALANCE MUSIC will not be held liable, and orders will not be refunded).
9.7 BALANCE MUSIC’s arrangements with its suppliers means that BALANCE MUSIC is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. Goods ordered within 5 days prior to the official release date may not be despatched until after the official release date.
10. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
10.1 You agree and acknowledge that:
(a) BALANCE MUSIC does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Section 9 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by BALANCE MUSIC or any of its staff;
(b) stock availability and events outside BALANCE MUSIC’s control may cause delays, or in some circumstances, prevent your Goods from being delivered;
(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither BALANCE MUSIC nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
11. REFUNDS OF YOUR MONEY
11.1 Where BALANCE MUSIC is obliged to refund your payment pursuant to these Terms and Conditions, BALANCE MUSIC aims to initiate your refund within 5 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if BALANCE MUSIC is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
11.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BALANCE MUSIC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. RETURNS/FAULTY OR DAMAGED GOODS
12.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact BALANCE MUSIC on email@example.com as soon as possible.
12.2 If you have a problem with any Goods or otherwise wish to return them please refer to BALANCE MUSIC’s Returns Policy, which forms part of these Terms and Conditions.
12.3 When returning Goods:
(a) please provide BALANCE MUSIC with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
12.4 You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
13. MORE INFORMATION ABOUT BALANCE MUSIC’S LIABILITY TO YOU
13.1 To the full extent permitted at law, BALANCE MUSIC is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
15. ADDITIONAL TERMS AND CONDITIONS
15.2 Additional terms and conditions apply to delivery of home appliances and large panel TVs which BALANCE MUSIC classifies as big and bulky. See BALANCE MUSIC Home Appliance Delivery Terms & Conditions and Large Panel TV Delivery Terms & Conditions, which form part of these Terms and Conditions.
16.1 BALANCE MUSIC reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
16.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
16.3 These Terms and Conditions are governed by the laws of Victoria, Australia.