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Terms of Service

Firstly, we want to be upfront and clear that our priority is to provide complete customer satisfaction. We pride our business on genuine customer service and will always do whatever possible to provide that. We also love HiFi equipment more than most and always take full care of all the products we sell.

 

These Terms of Service regulate the business relationship between you and us. By using Our Website or buying from us, you agree to be bound by them.


Us: Todds HiFi

ABN: 155 717 215 61

Our address: 1/308 New Cleveland Road, Tingalpa 4173

You: a visitor to our website / our customer


The Terms of Service:

1. Definitions
  1. "Carrier" means any person or business contracted to carry Goods from us to you, whether all or part of the distance.
  2. "Consumer" means any person or enterprise who is taken to have acquired goods or services from Todds HiFi.
  3. "Our Website" means the entire computing hardware and software installation that is or supports Our Website.
  4. "Goods" means any of the Goods we offer for sale on Our Website.
  5. "Content" means any material in any form published on our website by us or any third party with our consent.
  6. "Material" means Content of any sort posted by you on Our Website.
2. Our contract with you

The following terms apply:

  1. So far as the context allows, you, as a visitor to Our Website; and
  2. In any event to you as a buyer or prospective buyer of our Goods.
  3. We shall accept your order by email confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall dispatch your order.
  4. We may change these terms from time to time. The terms that apply to you are posted here on Our Website when you order Goods.
  5. Unfortunately, we cannot guarantee that the Goods advertised on Our Website are available.
  6. We will offer you alternatives if we do not have all the Goods you order in stock. If this happens, you may 1) accept the alternatives we offer or 2) cancel all or part of your order.
  7. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
  8. Suppose we owe you money on account of your cancellation. In that case, we will credit your credit or debit card as soon as reasonably practicable, but in any event, no later than [30] days from the date of cancellation of your order.
3. Your account with us
  1. You agree that you have provided and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with the Goods.
  2. If you use the website, you are responsible for maintaining the confidentiality of your account and password and preventing any unauthorised person from using your computer.
  3. You agree to accept responsibility for all activities under your account or password. You should tell us immediately if you believe someone has accessed your account without your authority and log in to your account and change your password.
  4. We reserve the right to refuse you access to Our Website.
4. Price and Payment
  1. We are an Australian retailer/reseller and deal in AUD. All price listings are in Australian Dollars.
  2. We endeavour to keep our website and catalogue prices updated and accurate, but the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
  3. We will bear banking charges by the receiving bank on payments to us. All other charges relating to payment in a currency other than Australian Dollars will be paid by you.
  4. Any information about exchange rates is approximate only and may vary from time to time.
  5. Prices include Australian goods and service tax. If you show by your delivery address that you reside outside of Australia, we will refund you the amount charged as GST.
5. Payment Terms

These apply to goods supplied and services rendered by Todds HiFi.

  1. Payment shall be on a C.O.D. basis unless the supplier has agreed to give credit to the customer.
  2. The supplier is not obliged to give credit to the customer and if credit is given then the supplier may at any time without assigning any reason discontinue the customer’s credit or refuse to extend further credit.
  3. If credit is given, unless otherwise specified, payment will be made within 30 days from the Invoice Date for the goods supplied or services rendered, irrespective of the date of any statement.
  4. If monies are not paid by the due date then without prejudice to any other rights of the supplier the purchaser shall pay interest at the rate of two percent (2%) per calendar month calculated from the due date until the date of actual payment.
  5. Any written order for goods or services accepted by the supplier may only be varied or cancelled in writing and with the consent of the supplier reserves the right to charge the customer for any expenses it has incurred and a restocking fee of 20%.
  6. The supplier reserves the right not to accept the return of any goods (unless they are faulty or not in accordance with the customer’s order) and if the supplier does accept any return then it reserves the right to charge a restocking fee of 20%.
  7. The customer is responsible for ensuring that the goods ordered are suitable for the customer’s purpose and can be interfaced with the customer’s existing equipment (if any) and the supplier shall not be responsible for any costs of connection or interfacing unless this is specifically provided for in the order and the customer’s existing equipment is accurately detailed.
  8. Any of the customer’s goods held by the supplier for inspection, custody, storage, repair or any other reason may be subject to the provisions of the Disposal of Uncollected Goods Act of 1967 if not collected and paid for within six months of their being ready for delivery.
  9. Ownership of the goods will remain with the supplier until payment has been received or until the customer sells the goods by way of bona fide sale all full market value and the customer shall; a. Keep the goods in good order and condition and fully insured against loss or damage by fire, theft, accident or other such risks. b. Permit the supplier at any time to enter upon any premises owned or occupied by the customer for the purposes of re-taking possession of the goods and for that purpose to break any door, lock or window.
  10. The customer acknowledges that unless expressly agreed to the contrary the supplier is a supplier of goods only and not a contractor or sub-contractor.
  11. Unless specified by the purchaser deliveries will be made by a carrier nominated by the supplier provided however the supplier shall not be liable for any delay, negligence or other act or omission of the carrier.
  12. Terms – C.O.D.
6. Gift Cards
  1. Please treat Todds HiFi Gift Cards as cash; they cannot be replaced if lost or stolen.
  2. Todds HiFi Gift Cards cannot be exchanged for cash.
  3. Todds HiFi Gift Cards cannot be used to buy another gift card.
  4. The funds available will be verified on request or at the time of purchase at any Todds HiFi register.
  5. No change is given, and any balance on the Todds HiFi Gift Card can only be used in whole or part against future purchases in Todds HiFi stores.
  6. Todds HiFi Gift Cards expire 36 months after issue.
  7. It is the cardholder's responsibility to use the card's total value before the expiry date.
  8. Any balance that remains on the Todds HiFi Gift Card after expiry will not be available for use.
  9. Todds HiFi Gift Cards can be credited with a minimum of $25 and a maximum of $1,000.
7. Shipping
  1. Please refer to our Shipping Policy here.
8. Cancellation of an order
  1. You may cancel your order any time before we have dispatched your goods.
  2. If you cancel your order before despatch, we will refund you the total price of the order, including shipping costs, within five business days of cancellation. Refunds will be processed using the same payment method as your original order unless otherwise agreed.
  3. Please note that these Terms of Service do not affect your rights if the goods are faulty.
9. Warranty Protocol

The standard warranty protocol for any product purchased from Todds HiFi is as follows:

  1. The faulty item may be required to be assessed by an authorised repair agent to determine the nature of the product fault.
  2. Todds HiFi reserves the right to test and confirm the reported fault before issuing a refund or replacement.
  3. An authorised repair agent will determine the extent of the fault.
  4. Please contact us for assistance with any warranty claim if a fault occurs outside the manufacturer warranty period.
  5. If you have any questions about the coverage of your item, or if you experience a fault, please contact Todds HiFi via email; alternatively, you may contact the Vendor directly.
10. Your email address
  1. We may contact you via email requesting feedback on the product you have purchased. You are under no obligation to respond and will only ever be reached once per order.
  2. You represent that any username or email address selected by you, when used alone or combined with a second or third-level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
  3. You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address. You will indemnify us for any claim or demand arising from your selection.
  4. You acknowledge and agree that we shall not be liable to you if we are ordered or required by a court or judicial authority to desist from using or permitting a particular domain name as part of a name or email address.
11. Your Material
  1. If you post any Material on Our Website, you warrant that you own the copyright in it and accept all risk and responsibility for it. You grant us the right to edit, copy, publish, distribute, translate, and otherwise use it in any medium and for any purpose.
  2. You agree that if you post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free right in perpetuity to use that material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your material.
  3. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
  4. You represent and warrant that: a) you own the rights to all the material you post, and; b) any fact stated in your material is accurate.
12. Content and Intellectual Property Rights
  1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in the text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
  2. We also claim copyright in the designs and compilation of all Content on Our Website. Title, ownership rights, and shall remain the sole property of the other content provider and us. We will vigorously protect those rights in all countries.
  3. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
  4. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
  5. Subject to the other terms, you may download or copy Content only for your personal use, provided that you maintain all copyright and other notices. You may not store electronically any significant portion of any Content.
13. Security
  1. We will do our best to maintain Our Website so that you have constant use, but there will be times when your service may be interrupted.
  2. You agree that you will not and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
  3. You may not use any software tool to extract data from our website.
  4. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
14.Acceptable Use Policy

As a condition of your use of Our Website, you agree to comply with these provisions:

  1. You will not use or allow anyone else to use the Web Site to post or otherwise publish:
    1. copyright works;
    2. commercial audio, video or music files;
    3. any Material which violates the law of any established jurisdiction;
    4. unlicensed software;
    5. the software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
    6. links to any of the material specified in this paragraph;
    7. pornographic material;
    8. any material promotes discrimination or hatred toward any person based on gender, race or colour.
  2. You will not use the Services for spamming. Spamming includes, but is not limited to:
    1. the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
    2. the sending of junk mail;
    3. the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
    4. excessive and repeated posting of off-topic messages to newsgroups;
    5. excessive and repeated cross-posting;
    6. email harassment of another Internet user, including but not limited to transmitting any threatening, libellous or obscene material, or material of any nature which could be deemed to be offensive;
    7. the emailing of age-inappropriate communications or Content to anyone under 18.
15. Indemnity & Limitation of Liability
  1. You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of Our Website, you're posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other rights of any person.
  2. Nothing in these Terms of Service limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ("ACL") (or any liability under them) which by law may not be limited or excluded. If you are a "consumer" under the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law ("Consumer Guarantees"). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
  3. Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

16. Disclaimers
  1. Our Content suppliers, or we may make improvements or changes to Our Website, the Content, or any of the Goods, at any time and without advance notice.
  2. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any that you find.
  3. We give no warranty and make no representation, express or implied, as to:
  4. the adequacy or appropriateness of the Goods for your purpose;
  5. the truth of any Content on Our Website published by someone other than us;
  6. any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
  7. compatibility of Our Website with your equipment, software or telecommunications connection.
  8. Our Website contains links to other Internet websites outside our power and control. you acknowledge and agree that we shall not be liable for the content of any such linked website, nor any loss or damage arising from your use.
  9. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from the failure of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
  10. In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
  11. The above two sub paragraphs do not apply to a claim for personal injury.
17. Miscellaneous provisions
  1. When we communicate with you, we do so by email. you agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
  2. Where we provide goods or services without a specific charge to you, it (or they) is deemed free of charge and not to be associated with any other goods or service for which a payment is made. Accordingly, we have no contractual or other obligation regarding those goods or services.
  3. Nothing in this Agreement or on Our Website shall confer any benefit or obligation to any third party.
  4. We endeavour to ensure all prices and information are accurate on the website but occasionally, genuine mistakes are made. If pricing or information is incorrectly featured, we reserve the right to cancel the order at any stage.
  5. Suppose any of these terms is held by any jurisdiction at any time to be void, invalid or unenforceable. In that case, it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not affect any of these terms.
  6. No waiver by us in exercising any right, power or provision in this Agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
  7. Suppose a dispute arises from or in connection with these terms or any contract between you and us. In that case, you agree to attempt to settle the dispute by engaging in good faith with us in the mediation process before commencing arbitration or litigation.
  8. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control, including strikes of our employees.
  9. This Agreement shall be governed by and construed following the law of Australia. The United Nations Convention on Contracts shall not govern this Agreement for the International Sale of Goods, the application of which is expressly excluded as a result.

The Showroom

1/308 New Cleveland Rd
Tingalpa 4173

Mon-Fri: 9:00am - 5:00pm
Saturday: 9:00am - 4:00pm
Sunday: 10:00am - 3:00pm

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