VFM AUDIO'S TERMS & CONDITIONS
Effective Date: 1st May 2017.
Please take a few minutes to review these Terms and Conditions. Your purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them. Previous Versions of our Terms and Conditions can be provided upon request
THESE TERMS & CONDITIONS MAY CHANGE
VFM Audio reserves the right to update or modify these Terms & Conditions at any time without prior notice. For this reason, we encourage you to review these Terms & Conditions whenever you purchase products from us or use our Website.
SHIPPING AND PROCESSING FEES
FLAT RATE SHIPPING: VFM Audio offers two (2) forms of flat rate shipping for orders that meet the requirements listed below. Orders requiring custom quoting or priority shipping will be exempt from flat rate pricing. Please contact our the VFM Team should you require custom quoting or priority shipping.
- PARCEL POST - $12.95 FLAT RATE*: Parcel Post flat rate shipping will be applied to your order if all items in your order fall under 22kgs or 1.8m in length (each item). VFM uses Australia Post, Fastway, Couriers Please & Toll to ship parcel orders. Once dispatched, you will receive up-to-date email and SMS tracking info.
- OVERSIZED/BULK FREIGHT - $95.00 FLAT RATE*: Oversized/Bulk flat rate shipping will be applied to your order if any item in your order is above 22kgs or 1.8m in length. VFM uses TNT, Toll & Allied Express to ship bulk orders. Once dispatched, you will receive up-to-date email and SMS tracking info.
*Regional and Remote Australia: For deliveries to Regional and Remote Australia an extra surcharge maybe charged in addition to the flat rate postage. Should your delivery fall into these areas, the VFM Team will contact you prior to dispatch to advise of the surcharge and seek approval to proceed with the order. Please note deliveries to Regional or Remote areas may take a few extra days.
EXPRESS ORDERS: Please contact us if your order is time critical. Additional fees and charges may apply.
QUOTATION SHIPPING CHARGES: VFM Audio uses different couriers and freight agencies depending on the item as well as the delivery location. Our shipping and processing charges are intended to compensate VFM Audio for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our Shipping and Returns. When we charge shipping on quotations, our shipping calculator is used to determine the rate from criteria such as the customers delivery address as well as order size & weight. The shipping calculator determines the cheapest, and fastest option for the customer. Alternatively, the customer can make their own arrangements and pickup their orders from our retail store based in Banyo Brisbane.
SERVER RACK DELIVERY: Delivery is to kerbside only & does not include couriers carrying server racks up stairs. The responsibility is with you to ensure the rack fits in your lift. Please inspect your rack prior to signing. When signing receipt you are agreeing that it has arrived in good condition. Please take the time to inspect the server rack carefully as no claims will be entertained if goods have been signed for.
CHANGE OF ADDRESS, REDELIVERY AND AUTHORITY TO LEAVE: If a change or correction needs to be made to a delivery address, please contact our Customer Service Team within 2 hours of placing your order. An address change may or may not be possible and is dependent on how far along the order is in the despatch process. Some couriers may require a signature on delivery. If you are not home or unable to take delivery of your item at your specified address, you may be charged a redelivery fee for each additional attempt for delivery. If neither you (or an authorised representative) is at the delivery address to take delivery, the courier may leave a card with contact details so that you can arrange another delivery time and date. It is the responsibility of the purchaser to arrange re-delivery and finalise any delivery fees with the freight company if required. Some couriers may offer an "Authority to Leave" form. VFM Audio will not be held responsible for any, lost, stolen or damaged goods as a result. If you choose to complete an Authority to leave form please do so at your own risk.
SAME DAY DELIVERY: In some cases, same day delivery may be possible within the Brisbane Metro area. If same day delivery is required for your order, please notify one of the VFM Audio staff by phone before you place your order so that we can confirm that same day delivery is possible. Special delivery rates may apply.
PO BOXES: We can only offer delivery to PO Boxes for order less than 5kgs. Delivery to PO Boxes is by Auspost only.
MISSING, DAMAGED OR INCORRECT ITEMS: If any of the items from your order are missing, incorrect, broken, or damaged when your package arrives, please contact customer service for assistance within 2 business days of delivery by sending an email containing your name, order number and a description of the problem to firstname.lastname@example.org.
PACKAGING: VFM Audio uses recycled packaging where possible to keep costs low.
INTERNATIONAL SHIPPING: At this time we do not ship outside of Australia from our website. New Zealand customers please contact us for a postage quote.
PICK UP AND COLLECTION FROM STORE: Pickup may be possible from our Banyo store in Brisbane. Pickup is not a standard option via the website checkout and must be arranged with VFM Staff. Please notify us via phone before placing your order. If not collected within 5 days of purchase your order will be cancelled.
COURIERS: Courier pricing can be quoted on a job specific basis and is for unusually reserved for large orders and/or orders in remote areas. In the event of a large order (where a generic freight quote via the website may not be possible), VFM will generate a custom freight quote for your order. An order will be not be shipped until we receive your acceptance of freight quote.
Some couriers may require a signature on delivery. If you are not home or unable to take delivery of your item at your specified address, you may be charged a redelivery fee for each additional attempt for delivery. If neither you (or an authorised representative) is at the delivery address to take delivery, the courier may leave a card with contact details so that you can arrange another delivery time and date. It is the responsibility of the purchaser to arrange re-delivery and finalise any delivery fees with the freight company if required. Some couriers may offer an "Authority to Leave" form. VFM Audio will not be held responsible for any, lost, stolen or damaged goods as a result. If you choose to complete an Authority to leave form please do so at your own risk.
DELIVERY TIMES: Though every effort is made to secure an exact delivery date and time from the freight company, VFM Audio cannot guarantee a freight time based on circumstances and third party freight companies that are out of our control. Any freight time mentioned by VFM Audio staff are indicative only.
TITLES AND RISK: Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
You acknowledge and agree that clause 8.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) ("PPSA"). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
USE OF OUR WEBSITE
HYPERLINKS TO OTHER WEBSITES: To the extent our Website contains hyperlinks to outside services and resources, the availability and content of VFM Audio does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
WEBSITE USAGE DISCLAIMER: This website and all Content available on this Website are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this website, that your use of this website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website, and that VFM Audio shall not be liable for any damages of any kind related to your use of this website.
OWNERSHIP COPYRIGHT & INTELLECTUAL PROPERTY: All photographs, video or any other content related to or house on this site is owned by VFM Audio. Content created by VFM Audio for use on other channels such as Facebook, YouTube, Instagram or any other social account will remain the intellectual property of VFM Audio and thus bound under all relevant Australian copyright and IP laws. Should you wish to use them please contact VFM Audio in writing.
From time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. VFM Audio reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
ORDERS & AVAILABILITY
PLACING ORDERS: Orders may be placed via the website (www.vfmaudio.com.au), over the counter or via issued quote or invoice. VFM Audio does not accept phone orders. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products.
AVAILABILITY: VFM Audio strives to keep advertised products in stock though it may not always be possible to supply an item based on current stock levels. Stock levels are subject to change at anytime without notice. If, for any reason, we cannot supply a product you have ordered, we will let you know via phone or email using the details provided by you at the checkout process. We will seek information from you as to whether to amend your order, cancel it or hold your order as agreed with you. If you choose to put your order on hold, we will contact you to arrange for delivery once the product is available.
STOCK: Stock is not secured until all funds are cleared. Please note, some payment methods may incurr longer processing time and therefore VFM Audio staff will not begin processing your order until all amounts owing have been received in full.
PRICE AND PAYMENT
The price payable for a product is the one advertised on our website or via promotional material such as, email or social media posts as well as over the counter in store. All prices are inclusive of GST. We make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices may be subject to change based on promotion or stock levels. VFM Audio cannot guarantee product pricing displayed on third party websites and we are not bound by them. VFM Audio reserve the right to change pricing at any time. It is the responsibility of the purchaser to check order and pricing information prior to completing your order.
PAYMENT METHODS: Online we accept payment by VISA, Mastercard, American Express, Paypal, Direct Deposit and ZipMoney. In store we accept payment by Eftpos, VISA, Mastercard, American Express, Direct Deposit, ZipMoney and Cash.
BANK TRANSFERS, PAYPAL PAYMENTS AND ZIPMONEY: Orders submitted and paid for via bank transfer, Paypal or ZipMoney may incur a longer processing time, VFM Audio staff will not begin processing your order until all amounts owing have been received in full.
CREDIT PRIVACY: Your credit card details are automatically encrypted during the checkout process to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use a secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
PROMOTIONAL CODES: If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the "Apply" button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact one of our friendly VFM staff.
TAX INVOICES: Once your order has been fulfilled and despatched, a tax invoice will be sent to you via the email supplied when you created your account. Your tax invoice is your proof of purchase and will be required for any warranty claims.
WARRANTIES AND LIMITATIONS OF LIABILITIES
Nothing in these Conditions of Sale 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."
Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. If you would like to make a claim under the manufacturer's warranty, please contact one of the VFM Audio Staff. Please refer to clause 7 if you need to arrange for returning the goods to us.
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.
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.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
WARRANTY RETURNS AND REFUNDS
All VFM Audio products carry a 12 month warranty as standard, while other branded products may have longer warranties. The warranty period will begin from the date of purchase. If you wish to pursue a warranty claim or return, please keep your tax invoice as proof of purchase, and contact one of the VFM Audio staff members by phone or email.
FAULTY ITEMS: In the event of a suspected faulty product, VFM Audio may seek third party advice on the suspected fault before proceeding with a warranty claim.
We aim to provide a quick decision and return on any valid warranty issues. Warranty issues are limited to 'normal' use, suitable to and in accordance with any procedures specified by the manufacturer. Permanent installation of our products may require the professional services of a trained or qualified tradesman to determine validity of the warranty claim, the cost of such services may be passed to you. Warranty may be void if your product exemplifies any of the following issues:
- The product is physically damaged
- The product is subject to excessive force or repetitive strain
- The product is dismantled, modified, cut, or deformed
- The product is painted, marked, or soiled from installation or use
- The product is subject to contaminants such as paint, glues, stickers sand, water, soil, etc or anything.
- The product is subject to weather, pets, or pests
- The product is returned without its original packaging.
- The product is returned in such a way that prevents resale.
LIMITED LIFETIME WARRANTY: Some Titan AV branded products are backed by a Limited Lifetime warranty. If the product contains an obvious manufacturer fault, a warranty claim may be possible regardless of the age of the product. The fault may not be part of general wear and tear or damage sustained by excessive strain outside of the products intended use. If these conditions are met, a warranty claim may be possible. Proof of purchase is necessary, for details, please consult one of our VFM Audio staff or email the sales team at email@example.com
MAKING A WARRANTY CLAIM: Please contact one of the staff at VFM Audio or send an email to firstname.lastname@example.org with the following info;
Your Invoice #:
Item Code # and Name:
Your Contact Info:
A customer representative will get back to you as soon as possible to resolve the situation to the best of our ability. If you are required to send your item back to us, please take special care to package it well - we will not be responsible for any damage caused during the return shipping and therefore recommend insuring all returns. All goods must be returned to us at the buyers cost. We will cover the cost of your replacement items as well as shipping back to you.
RETURNS AND REFUNDS
In addition to your rights under clauses above, returns will only be accepted when the following conditions are met:
a) The goods have a demonstrable manufacture fault.
b) "Change of Mind" refunds will be honoured only in the case of:
i. Only within 30 DAYS of invoice.
ii. Only if the product is intact, unused and in its original packaging.*
iii. Only when accompanied by a valid tax invoice.
iv. Change of mind returns may attract a 17.5% restocking fee.
v. Shipping costs will not be refunded on change of mind returns.
vi. If you received free shipping on your purchase, we will deduct the shipping fees we had to incur to ship the products to you.
* Should an item be returned without its original packaging VFM Audio reserves the right to accept the product and charge a 15% repackaging fee.
All goods must be returned to us at the buyers cost.
RETURNING YOUR ITEM: If you believe that the conditions for a return have been met, please contact one of the VFM Audio staff for a Return merchandise authorization (RMA) number.
Please pack the product adequately to ensure that it is not damaged during return to our warehouse. All original items including packaging must also be returned. Please ensure the RMA Number is clearly displayed on the packaging of the goods.
PROCESSING YOUR REFUND: If you are entitled to a refund, the refund will be issued once we have received the product and it has been inspected and assessed for fault. Any refund we make will be by the same payment method used during the purchase of the product.
LOSS OF DATA: If you return a product to us for replacement, refund or inspection and the product is capable of retaining user generated data, or replacement of the product may result in the loss of the data. User generated data include files on a computer hard drive, USB, CD, songs or data stored on a media player or any other form of storage. We will not be responsible for any data you may leave on the product and we require you to back up your data before returning a product to us for inspection, replacement or refund.
GENERAL TERMS AND CONDITIONS
FORCE MAJEURE: We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days' written notice.
These Conditions of Sale form the entire agreement between VFM Audio and the buyer. Unless expressly agreed to in writing by us, no terms or conditions of the buyer, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
VFM Audio may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
VFM Audio reserves the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you. The buyer must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.