Sale of Goods Terms and Conditions

Sale of Goods Terms and Conditions


These sale of goods terms and conditions detail the provisions under which the Trustee for Green Locals Australia Trust trading as Kayhan Audio (ABN: 51 799 255 761), herein referred to as “we” or “us”, supplies car entertainment products (“Goods”) to you, the purchaser (“you” or “your”).

Acceptance of Terms

By ordering, accepting, or paying for the Goods after receiving or becoming aware of these terms, or by manifesting your agreement through any conduct, you acknowledge and agree to be bound by these terms.

acceptance of terms
Kayhan Acceptance of terms

Ordering and Purchasing Goods

You may purchase the Goods from our website, (“Website“), or directly through our sales team. These terms apply regardless of the purchasing channel.

1. Payment terms

  • Obligation to Pay: The price payable for the Goods shall be as listed on our Website or as otherwise quoted to you at the time of your order. Unless credit terms have been agreed upon in advance, payment is due at the time of order.
  • Goods and Services Tax (GST): All prices for the Goods include the Australian Goods and Services Tax (GST), unless explicitly stated otherwise.
  • Payment Processing: Payment for the Goods may be processed through third-party payment providers (“Payment Providers”). When you purchase Goods, you consent to adhere to the terms and conditions set by the Payment Provider. Additionally, you recognize that we are not liable for the security or performance of the Payment Provider.
  • Credit Card Surcharges: We may apply additional charges for transactions made using credit, debit, or charge cards, such as Visa, MasterCard, and American Express.
  • Pricing Errors: If there are any discrepancies in the pricing of Goods, including shipping costs, we will inform you of the accurate pricing. You can then decide to continue with the purchase at the corrected price or opt to cancel your order. Should you choose to cancel, we will refund the full amount to your original method of payment.

After understanding the payment terms, the next section will guide you through the delivery process and expectations for receiving your goods.

2. Delivery of Goods

  • Delivery Charges: You are responsible for the payment of all delivery charges associated with the purchase of Goods.
  • Accuracy of Delivery Address: You must ensure that the delivery address you provide is accurate and complete. We are not responsible for deliveries made to incorrect addresses if the address provided by you is wrong.
  • Carrier Terms: We engage third-party carriers to deliver the Goods. These carriers operate under their own terms and conditions, which will apply to the delivery of Goods to you. Please contact us immediately if you experience any problems with delivery.
  • Estimates of Delivery Time: All delivery times provided are estimates only. We do not guarantee that the Goods will be delivered within the stated time and will not be liable for any losses resulting from delivery delays.

Now that you know about our delivery policies, let’s explore how title and risk are managed for your purchased goods.

3. Title and Risk

  • Retention of Title: Title to the Goods remains with us until we receive full payment from you.
  • Risk of Loss: The risk of loss or damage to the Goods will pass to you on payment for the Goods, or on delivery, whichever is earlier.
  • Unclaimed Goods: If you fail to receive or collect the Goods after purchase, we may, at our discretion, store or resell the Goods, providing you a refund (excluding any credit card surcharges or other transaction fees).
  • Consequences of Non-Payment: Should you fail to make payment for any Goods by the due date, you grant permission for us, along with our employees and agents, to enter any premises you occupy or any location where the Goods are situated to recover possession of the Goods using reasonable force, without being liable for trespass or any resultant damage.
  • We reserve the right to retain or resell any goods that are repossessed..
  • Proceeds of Resale: If you sell the Goods before full payment has been made to us, you agree to hold the proceeds on trust for us and pay these proceeds to us upon demand.

With knowledge of how title and risk are transferred, we will next examine the policies surrounding returns due to a change of mind.

4. Returns Due to Change of Mind

  • General Policy on Returns: We generally do not accept returns or provide refunds for Goods if you change your mind. However, exceptions may be made if the Goods are not compatible with your vehicle or do not meet your satisfaction for other reasons.
  • Conditions for Change of Mind Returns: You may request a return due to change of mind within 30 days of delivery, provided you furnish valid proof of purchase. Any change of mind return is at our absolute discretion. We may also limit any change of mind returns to exchanges of the same or similar Goods or store credit.
  • Restocking Fee: We may impose a reasonable restocking fee for handling returns due to change of mind.
  • For clarity, the conditions set out in this clause 4 do not apply to returns for faulty Goods. Clause 4 only applies to change-of-mind returns. For faulty Goods, clause 5 will apply. Nothing in this clause 4 is intended to limit any of your rights which cannot be excluded under the Competition and Consumer Act 2010 (Cth).

Having covered change of mind returns, we will now discuss the procedures and policies for returning faulty goods.

5. Returns of Faulty Goods

  • We will offer you a choice between a full refund of the price paid for the Good or an exchange, should we ascertain the Good is faulty in line with the procedures outlined in this clause.

Faulty Goods Return Process:

  • Initial Contact: If you suspect that your Good is faulty, please contact us via the contact details on our Website, providing a detailed description of the fault along with any relevant images.
  • Return for Inspection: Should we consider that there might be a fault, you will be asked to return the Good to us at your expense for a comprehensive inspection. This includes sending back any accessories, manuals, documentation, or registration that accompanied the Good. We reserve the right to conduct thorough inspections before confirming a fault.
  • Assessment Outcome: If, upon inspection, we determine that the Good is not faulty, or the fault has arisen due to normal wear and tear, misuse, failure to follow our or the manufacturer’s instructions, or lack of proper care, we will decline the return and the Good will be sent back to you at your expense.
  • Resolution for Faulty Goods: If we conclude that the Good is indeed faulty, you can opt for a refund or an exchange. Refunds will cover the purchase price and any shipping costs, and will be processed back to your original payment method. Please note, this may be subject to delays from banks or payment processors.
  • Non-Compliance with Return Process: If you do not adhere to these stipulated processes for returning a faulty Good, we may, at our discretion, offer only a partial refund or no refund at all for the Good.

Manufacturer’s Warranties and Consumer Rights:

Nothing in this clause is meant to override or limit any manufacturer’s warranties available to you or any rights you have under the Competition and Consumer Act 2010 (Cth) that cannot be excluded.

Following the process for faulty goods returns, the subsequent section will detail your rights under the Australian Consumer Law and how they apply to your purchases.

6. Compliance with Australian Consumer Law

  • Guarantees Under Australian Consumer Law: Our Goods are provided with statutory guarantees that the Australian Consumer Law mandates and cannot exclude. You are eligible for a replacement or refund in the event of a significant defect and for compensation for any other reasonably foreseeable losses or damages. Furthermore, should the Goods not meet acceptable quality standards—and the issue is not deemed a major failure—you have the right to have them repaired or replaced.
  • These terms do not restrict the protections offered under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth). Moreover, these terms do not limit or exclude our liability for any harm or injury caused by our negligence, or that of our employees, agents, or subcontractors, nor for any fraud, fraudulent misrepresentation, deliberate wrongdoing, or willful misconduct, or any other liability that the law does not allow us to limit.

Understanding your protections under Australian Consumer Law is crucial. Next, we will consider the limitations of liability and indemnity that may affect your compensation in certain scenarios.

7. Limitation of Liability and Indemnity

  • Warranties: To the fullest extent permitted by law, we expressly exclude all representations and warranties, whether express or implied, that are not specifically stated in these terms.
  • Limitation of Liability: Under the maximum extent allowed by law, including the provisions of the Competition and Consumer Act 2010 (Cth), we disclaim all liability for any type of loss or damage arising from these terms, or from any goods or services we provide, regardless of how such loss or damage arises, including but not limited to contract, tort (including negligence), statutory duty, or otherwise. Should liability not be legally excludable, our total liability is limited to either the purchase price of the specific Goods causing the loss or damage, or $100 if no specific Good has directly caused the loss or damage.
  • Indemnity: You shall indemnify and hold harmless us, our officers, employees, agents, and contractors (“Those Indemnified”) against any losses or liabilities that arise from:
  1. Your breach of these terms;
  2. Any negligent, fraudulent, or criminal actions or omissions by you or your personnel;
  3. Any use of the Goods we provide that is not:
    1. For the intended purpose of the Goods;
    2. In accordance with our instructions or guidelines; and
    3. In compliance with all written requirements and recommendations specified by the manufacturer of the Goods.

Exclusion of Consequential Losses:

We will not be liable for any indirect, special, or consequential damages, including but not limited to loss of data, business, opportunity, goodwill, expected savings, profits, or revenue related to these terms or the goods or services provided by us. This exclusion applies except to the extent such liability cannot be legally excluded under the Competition and Consumer Act 2010 (Cth) or other applicable legislation.

After discussing liability and indemnity, the final section will clarify the general terms that govern our relationship, including governing law and other key legal provisions.

8. General Terms

  • Governing Law: These terms and conditions shall be governed by and interpreted in accordance with the laws of Victoria, Australia. Both parties consent to the exclusive jurisdiction of the Victorian courts for the resolution of any disputes arising from these terms or the purchase of goods.
  • Amendments: These terms may only be amended or modified by a written agreement signed by both you and us.
  • Waiver: No waiver of any terms or rights will be effective unless in writing and signed by the party granting the waiver.
  • Severability: If any provision of these terms is determined to be illegal, invalid, or unenforceable, that provision will be severed from these terms, but the remaining provisions will continue to be fully enforceable.
  • Joint and Several Liability: Any obligations or rights applicable to multiple parties bind them both jointly and severally.
  • Assignment: You are prohibited from assigning or transferring any rights or obligations arising from these terms without obtaining our prior written consent.
  • Entire Agreement: These terms represent the complete and exclusive agreement between the parties concerning the sale of goods and supersede all previous agreements, understandings, negotiations, and discussions, whether oral or written.
  • Interpretation Clauses:
    • (Singular and Plural): Words in the singular form shall be interpreted to include the plural, and words in the plural form shall include the singular, unless the context dictates otherwise.;
    • (gender) words indicating a particular gender encompass the corresponding words for all other genders.;
    • (defined terms) if a word or phrase is assigned a specific meaning, any other grammatical form or part of speech derived from that word or phrase carries a corresponding meaning.;
    • (person) references to “person” or “you” encompass individuals, estates of individuals, corporations, authorities, associations, consortiums, joint ventures (whether incorporated or not), partnerships, trusts, and any other entities;
    • (party) references to a party encompass that party’s executors, administrators, successors, permitted assigns (including those acquiring rights or obligations through novation), and in the context of a trustee, any substituted or additional trustees;
    • (these terms) A reference to a party, clause, paragraph, schedule, exhibit, attachment, or annexure within these terms refers to the corresponding parts of this document and includes any schedules, exhibits, attachments, and annexures attached to it;
    • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified, or replaced from time to time;
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word “includes” and similar words in any form is not a word of limitation;
    • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision; and
    • (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

By maintaining clear and thorough terms and conditions, we ensure both parties understand their rights and obligations, reducing potential conflicts and fostering a trusting business relationship. This thorough approach in detailing each provision aims to meet the needs and expectations of all parties involved in the transaction.