Sale of Goods Terms and Condition
These terms and conditions set out the terms under which Trustee for Green Locals Australia Trust t/as Kayhan Audio (ABN: 51 799 255 761) (our, we, us) provides car entertainments Goods to you (Goods) (being the individual, company or legal person purchasing such goods or services) (you, your).
If you order, accept or pay for any Goods after receiving or becoming aware of these terms, or otherwise indicate your assent, then you will be taken to have accepted these terms.
You can order and buy the Goods from our website located at kayhanaudio.com.au (Website) or directly from us.
1. Payment Terms
- (Payment obligations) The amount payable for the Goods is as set out on our Website or as otherwise agreed between you and us at the time of sale. All orders whether from our Website or directly from us must normally be paid for at the time of order unless otherwise agreed between you and us.
- (GST) Unless otherwise indicated, all amounts stated for Goods include GST.
- (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions, and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
- (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit, or charge card (including Visa, MasterCard, or American Express).
- (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Good was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Goods at the correct price or canceling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
- (Delivery Costs) You will be required to pay for delivery.
- (Delivery Address) Please ensure any delivery addresses are correct. Delivery will be to the address you have provided to us. If you have provided an incorrect address, please let us as know as soon as possible.
- (Delivery Issues) We use third-party couriers to deliver Goods. These third-party couriers have their own terms and conditions and will apply for any delivery of Goods to you. Please let us know if there are any issues with delivery.
- (Late Delivery) All delivery times are estimates only and are subject to postal delays and reasons beyond our control. We do not guarantee Goods will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
3. When you will own and be liable for the goods
- Until the price of Goods is paid in full, title in those Goods is retained by us.
- Risk in the Goods will pass to you on payment for the Goods, or on delivery, whichever is earlier.
- If you fail to take the Goods after you have completed a purchase, we may, at our option, keep or resell the Goods provided that we provide you with a full refund (excluding any credit card surcharges or other transaction fees).
- If you do not pay for any Goods on the due date for payment, you authorize us, our employees, and agents to enter any premises occupied by you or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or damage.
- We may at our option keep or resell Goods retaken from you.
- If you sell Goods or items into which Goods are incorporated before you pay for the Goods in full, you acknowledge that such sale is made by you as bailee for and on our behalf, to hold the proceeds of sale on trust and for our benefit. You must pay us any such proceeds on demand.
4. Change of Mind Returns
- We generally do not offer change-of-mind returns and we are under no obligation to do so. However, if your Good is not compatible with your vehicle or if you otherwise are not satisfied with the Good, please contact us.
- You may only request a change of mind return for a Good if:
(i)the request is made within 30 days of delivery; and
(ii)you provide us with valid proof of purchase of the Goods.
- 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 Good or store credit.
- We will charge you a reasonable re-stocking fee for any change-of-mind returns.
- 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).
5. Return for Faulty Goods
- We will provide, at your election, a full refund of the price paid for the Good or exchange the Good if we determine that the Good is faulty in accordance with clause 5(b).
- (Faulty Goods) The following process applies to any Good you believe to be faulty.
(i) If you believe your Good is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
(ii) If we determine that your Goods may be faulty, we may request that you send the Good back to us at your cost for further inspection, including any accessories, manuals, documentation, or registration. We reserve the right to further inspection before deeming a Good faulty.
(iii) If we determine in our reasonable opinion that the Good is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with our instructions or the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Good back to you at your cost.
(iv) If we determine that the Good is faulty you may request a refund or exchange the Good. All refunds (including shipping costs) will be credited back to your original method of payment, subject to any merchant or bank processing delays.
(v) If you fail to comply with the provisions of this clause 5(b) in respect of a faulty Good, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Good.
- Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers’ warranties to which you may be entitled or any of your rights which cannot be excluded under the Competition and Consumer Act 2010 (Cth).
6. Australian Consumer Law
- Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth). In addition, nothing in these terms will limit or exclude our liability for death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors (as applicable), for any fraud, fraudulent misrepresentation, deliberate default, or wilful misconduct, or any other liability which cannot be limited by law.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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.
7. Liability and Indemnity
- (Warranties) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these terms are excluded.
- (Limitation of liability) To the maximum extent permitted by applicable law (including the Competition and Consumer Act 2010 (Cth)), we exclude completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these terms or any goods or services provided by us. Where such liability cannot be excluded, to the maximum extent permitted by applicable law, our maximum aggregate liability is limited to the price paid for the relevant Good that caused the loss or damage or where there is no relevant Good, $100.
- (Indemnity) You agree at all times to indemnify and hold us and our officers, employees, agents, and contractors harmless (Those Indemnified) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of Those Indemnified where such loss or liability was caused or contributed to by you or your officers’, employees’, agents’ or contractors’:
(i) breach of these terms;
(ii) negligent, fraudulent, or criminal act or omission; or
(iii) use of any Goods provided by us that was not:)
(A)for the purpose for which it was designed;
(B)in accordance with any of our instructions; and
(c)in accordance with all written requirements and recommendations of the manufacturer of the Goods.
- (Consequential loss) We will not be liable for any incidental, special, or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits, or revenue arising under or in connection with these terms or any goods or services provided by us, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
(8.1) GOVERNING LAW AND JURISDICTION
These terms are governed by the law applied in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
These terms may only be amended in accordance with a written agreement between the parties.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms are not limited or otherwise affected.
(8.5) JOINT AND SEVERAL LIABILITY
An obligation or liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
(8.7) ENTIRE AGREEMENT
These terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding, or agreement, express or implied, in relation to the subject matter of these terms.
- (singular and plural) words in the singular include the plural (and vice versa);
- (gender) words indicating a gender include the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, a consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust, and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors, and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment, or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment, or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments, and annexures 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;(i)(includes) the word “includes” and similar words in any form is not a word of limitation;(ii)(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.