TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS
This page (together with the documents referred to on it) tells you the terms and conditions on which We sell any of the products (“Products”) listed on our website.
Lewis Borg Enterprises Pty Ltd & TJ Welladsen (82 236 646 332) & our subsidiary businesses including: Maniac Music Factory & MMF Strings; (“Us”; “We”), www.maniacmusicfactory.com; www.mmfstrings.com which together are referred to as the “Website”.
• Acceptance of terms
• Service Availability
We ship within Australia only.
• Your Status
By placing an order through our site, you warrant that:
• You are legally capable of entering into binding contracts;
• You are at least 18 years old; and,
• You are resident in Australia.
• How The Contract Is Formed Between You And Us
• After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched. The contract between us (“Contract”) will only be formed when We send you the Dispatch Confirmation.
• We will not process your order until payment has been received in full.
• If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy at clause 07.
• The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
• We are entitled to refuse any order made by you for any reason.
• When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
• Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
• Price and Payment
• The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include GST but includes delivery charges within Australia. Delivery charges are shown separately when ordering and must also be paid in advance.
• Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
• Prices are subject to change without notice but changes will not affect orders which We have already accepted.
• Despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
• We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
• The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
• Online purchases will be subject to the terms and conditions of our third party providers. Shopify https://www.shopify.com/legal/terms & associated apps.
• Payment for all Products must be by credit or debit card. Online payment is made through Stripe and the policies and terms of Stripe will apply. https://stripe.com/au/privacy
• Only one promotion code can be used per order.
• Our Returns Policy
• If the product is faulty it may be returned in its original packaging and we will send a replacement.
• Product’s may be returned within 14 days of receipt of delivery unused and unopened.
• Our Liability
• If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
• make good any shortage or non-delivery or incorrect delivery; or
• replace or repair any Products that are damaged or defective; or
• refund to you the amount paid by you for the Products in question.
• We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
• Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
• Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
• Nothing in this contract shall exclude or limit your statutory rights under the Australian Consumer Code.
• A person who is not a party to this Contract has no right under the Contracts
• Intellectual Property Rights
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
You agree to indemnify, defend and hold Us harmless, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
Most of our communication with you will be via email. All notices given by you to us must be given to us at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
• Transfer of Rights and Obligations
• The contract between you and us is binding on you and us and on our respective successors and assigns.
• You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
• We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
• Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
• A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government.
• Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
• A waiver by us of any default shall not constitute a waiver of any subsequent default.
• No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
18.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18.2 Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law. 19. Entire Agreement 19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. 19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our Right To Vary These Terms And Conditions
• We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which We may decide.
• You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
• Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of New South Wales, Australia irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the NSW Courts.
• After-Sale Service
Questions, comments or requests regarding these terms and conditions or our Products should be addressed to [email protected]
If you have any complaints these should be addressed in writing to Maniac Music Factory P.O. Box 6023 Pymble NSW 2073