Terms Of Sale
Soniq Digital Media Pty Ltd (ABN 50 149 443 818)
WEBSITE TERMS OF SALE
1.1 "ACL" means the Australian Consumer Law Schedule of the Competition and Consumer Act;
1.2 "Contract" means any contract for the provision of goods and services by Soniq Digital Media Pty Ltd to You;
1.3 "consumer" is as defined in the ACL and in determining if You are a consumer, the determination is made if You are a consumer under the Contract;
1.4 "goods" means goods supplied by Soniq Digital Media Pty Ltd to You;
1.5 “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
1.6 "services" means services supplied by Soniq Digital Media Pty Ltd to You;
1.7 "Site" means the website www.soniq.com;
1.8 "Terms" means these Terms and Conditions of Sale;
1.9 "You" means the person, jointly and severally if more than one, acquiring goods or services from Soniq Digital Media Pty Ltd.
2. BASIS OF CONTRACT AND ORDERING
2.1 These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.
2.2 Any quotation, displayed price, order list or order confirmation provided by Soniq Digital Media Pty Ltd to You for the proposed supply of goods or services is an invitation to treat only, and is subject to You placing an order which is your offer to enter into a Contract with Soniq Digital Media Pty Ltd on these Terms.
2.3 A Contract is formed when Soniq Digital Media Pty Ltd confirms its acceptance of Your order and receives Your payment.
2.4 Soniq Digital Media Pty Ltd in its absolute discretion may refuse to accept any order from You.
2.5 Soniq Digital Media Pty Ltd may vary or amend these Terms by written notice to You at any time. Any variations or amendments will apply to orders made by You after the notice date.
3. PRICING AND PAYMENT
3.1 Prices displayed for the supply of goods and services include GST, and any other taxes or duties imposed on or in relation to the goods and services.
3.2 Subject to any special offers or conditions, You are also responsible for all costs associated with delivery including shipping costs which will be calculated and displayed prior to payment for the goods.
3.3 Payment for the goods and services must be made strictly by credit card immediately upon confirmation of Your order. Goods will not be dispatched and services will not be provided until full payment has been confirmed.
3.4 Goods displayed and services offered are subject to availability. If any goods are not available, Soniq Digital Media Pty Ltd will inform You within 2 business days.
3.5 In the case of non-availability of goods:
(a) You may request the provision of substitute or similar goods or services;
(b) If the goods will become available at a later date, You may request to wait until the goods become available; or
(c) You may cancel Your order; and
(d) Soniq Digital Media Pty Ltd will make the appropriate adjustment to, or refund of, the purchase price.
4. RISK AND INSURANCE
4.1 The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to You immediately on the goods being dispatched from Soniq Digital Media Pty Ltd's warehouse.
4.2 You assume all risk and liability for loss, damage or injury to persons or to Your property or the property of third parties, arising out of the use or possession of any of the goods sold by Soniq Digital Media Pty Ltd, unless recoverable from Soniq Digital Media Pty Ltd on the failure of any statutory guarantee under the ACL.
5.1 Soniq Digital Media Pty Ltd will arrange for the delivery of the goods to You to your nominated delivery address within Australia.
5.2 Soniq Digital Media Pty Ltd's standard delivery timeframe is between 3 and 7 business days. Any period or date for delivery of goods or provision of services stated by Soniq Digital Media Pty Ltd is an estimate only and not a contractual commitment.
5.3 Soniq Digital Media Pty Ltd will use its reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.
5.4 If Soniq Digital Media Pty Ltd cannot complete the services by any estimated date, it will complete the services within a reasonable time.
5.5 Soniq Digital Media Pty Ltd may make part delivery of goods or provision of services and may invoice You for the goods or services provided.
5.6 A postage receipt, courier docket or driver's manifest directing delivery to the address nominated by You will be proof of delivery of the goods.
5.7 You may be required to provide photo identification at the time of delivery of the goods.
5.8 You indemnify Soniq Digital Media Pty Ltd against any loss or damage suffered by Soniq Digital Media Pty Ltd, its sub-contractors or employees, as a result of delivery or failed delivery, except where You are a consumer and Soniq Digital Media Pty Ltd has not used due care and skill.
5.9 You must advise Soniq Digital Media Pty Ltd in writing within 72 hours of delivery:
(a) of the non arrival of any or all of the goods;
(b) if there is damage to the goods;
(c) that the wrong goods have been received; or
(d) that the quantity of the goods is incorrect.
6.1 Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
6.2 If You are a consumer, nothing in these Terms restricts, limits or modifies Your rights or remedies against Soniq Digital Media Pty Ltd for failure of a statutory guarantee under the ACL.
6.3 If You have purchased the goods to on-supply to a person who is a consumer:
(a) if the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A of the ACL is the absolute limit of Soniq Digital Media Pty Ltd' liability to You;
(b) otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of Soniq Digital Media Pty Ltd' liability to You, howsoever arising under or in connection with the sale, use of, storage or any other dealings with the goods or services by You or any third party.
6.4 If clause 34 or 35 does not apply, then other than as stated in the Terms or any written warranty statement, Soniq Digital Media Pty Ltd is not liable to You in any way arising under or in connection with the sale, use of, storage or any other dealings with the goods or services by You or any third party.
6.5 Soniq Digital Media Pty Ltd is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, other than if You are a consumer, then to the extent that the loss was reasonably foreseeable.
6.6 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
7.1 You acknowledge that:
(a) You have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Soniq Digital Media Pty Ltd in relation to the goods or services or their use or application.
(b) You have not made known, either expressly or by implication to Soniq Digital Media Pty Ltd any purpose for which You require the goods or services and you have the sole responsibility of satisfying Yourself that the goods or services are suitable for Your use.
8.1 If Soniq Digital Media Pty Ltd is unable to deliver or provide the goods or services, then it may cancel Your order (even if it has been accepted) by notice to You and provide a refund for amounts paid.
8.2 No purported cancellation or suspension of an order or any part of it by You is binding on Soniq Digital Media Pty Ltd once the order has been accepted and payment confirmed.
9. WARRANTY AND RETURNS
9.1 Each range of goods provided by Soniq Digital Media Pty Ltd is subject to specific express warranty terms, limitations and exclusions:
(a) that are supplied with the goods; and
(b) that are available from Soniq Digital Media Pty Ltd upon request.
9.2 These express warranty terms are in addition to and do not limit any right or remedy You may have under the ACL.
9.3 In the case of a refund request, Soniq Digital Media Pty Ltd will make the appropriate adjustment to, or refund of, the purchase price. The customer will be responsible for all costs incurred when returning the goods.
10. 14 DAY SATISFACTION GUARANTEE
10.1 Subject to clauses 10.2 and 10.3, if You are not satisfied with the goods that are provided with A Soniq Digital Media Pty Ltd's 14 Day Satisfaction Guarantee, for reason other than a fault in the goods or a major failure of a statutory guarantee under the ACL, You may return the goods to Soniq Digital Media Pty Ltd within 14 days from the date of delivery. You will be responsible for all delivery charges for returning the goods to Soniq Digital Media Pty Ltd. Soniq Digital Media Pty Ltd will refund the purchase price of the goods.
10.2 Subject to clause 45 and 46, Soniq Digital Media Pty Ltd reserves the right not to accept goods for return or to retain from the purchase price of the goods an amount to compensate it if:
(a) the goods are not in their original condition and replaced in their original packaging;
(b) the goods have been damaged; and
(c) all parts and accessories packaged with or forming part of the goods are not returned.
10.3 If You are a consumer, nothing in this clause 10 limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.
10.4 Other than pursuant to clause 10 or if there is a major failure of a statutory guarantee under the ACL, Soniq Digital Media Pty Ltd will not accept the return of any goods once ordered. If You attempt to do so, You will be responsible for all delivery charges for returning the goods to You.
11. FORCE MAJEURE
11.1 Soniq Digital Media Pty Ltd is not liable in any way howsoever arising under the Contract to the extent that it is prevented from acting by events beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. If an event of force majeure occurs Soniq Digital Media Pty Ltd may suspend or terminate the Contract by giving You written notice.
12.1 The law of Victoria from time to time governs Your Contract with Soniq Digital Media Pty Ltd.
12.2 Soniq Digital Media Pty Ltd's failure to enforce any of these Terms shall not be construed as a waiver of any of Soniq Digital Media Pty Ltd’s rights.
12.3 If any Term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
12.4 A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.