1.1 The Musical Nest shopping site at “themusicalnest.com”, (the “Site”) is a shopping website where you can browse, select and order products from The Musical Nest (ABN 99 812 187 188) (“The Musical Nest”, “us” or “we”).
1.2 Your access to and use of the Site, including your order of products through the Site, is governed by these terms and conditions.
2.2 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
PLACING AN ORDER
3.1 You may order products by selecting and submitting your order through the Site in accordance with these terms and conditions.
3.2 Any order placed through this Site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
3.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
3.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
ACCEPTANCE OR REJECTION OF ORDER
4.1 In certain circumstances, we may need to reject part of your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the Site.
4.2 Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:
supply the products in that order to you in accordance with these terms and conditions; and
provide you with an email confirmation of that order.
4.3 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5.1 If we determine that we do not have a particular product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant product (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered products and the anticipated delivery date.
5.2 Our Back Order Policy is incorporated into these terms and conditions. You can view our Back Order Policy on the web site.
DELIVERY OF PRODUCTS
6.1 We will only deliver products ordered through the Site to a location where we provide delivery services.
6.2 Delivery timeframes will not exceed 30 days from the date of the order providing the products ordered are in stock see section 5 Backorder for information of products not in stock. The method by which we deliver products may vary. The delivery fee for your order depends on the type of product you order (in particular, the size and weight of the product).
6.3 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
6.4 We also recommend that you be present to accept the delivery of your order if you have paid by credit card.
6.5 We may require the person accepting the delivery of your order to:
provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
where relevant, provide us with proof that the consents referred to under the “Restricted Products” section of these terms and conditions have been obtained.
6.6 If there is no one or no appropriate person (for example, above 18 years old) at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
6.7 You acknowledge and agree that any person at the Delivery Address who receives the products is authorised by you to receive your order.
RISK AND TITLE
7.1 Risk and title to the products passes to you on the date and time of delivery to the Delivery Address.
CANCELLING AN ORDER
8.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
the products in that order are not available; or
there is an error in the price or the product description posted on the Site for the product in that order; or
that we reasonably believe your order has been placed in breach of these terms and conditions.
8.2 If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
8.3 You may cancel an order (whether it is accepted by us or not) by contacting us during contact hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant products in accordance with these terms and conditions.
FEES AND CHARGES
9.1 We will charge you, and you agree to pay, the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
9.2 All fees and charges identified in these terms and conditions and all prices for the products include GST where applicable.
9.3 The purchase price of each product is shown on the product list on the Site at the time you place your order. The purchase price of a product on the Site may not be the same or correspond to the prices in any of our retail partner’s stores for the same product and we are not obliged to match any prices.
9.4 Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the products in that order.
9.5 If you cancel an order then:
subject to (b), we will refund any amounts paid by you for that cancelled order;
we will not refund the delivery fees where the products in your cancelled order have been dispatched for delivery.
10.1 You may pay the fees and charges for an accepted order using the following credit cards: Visa, Master Card
10.2 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order.
10.3 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
10.4 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
10.5 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products in the order.
DAMAGED PRODUCTS AND RETURNS
11.1 You must check any product delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Customer Service. If you notice damage to a product after delivery, you should notify us within 14 days of delivery. If so, you may return the product to us in accordance with this clause and the Returns Policy: Repair, Replace, Refund and the Return and Warranty Procedure listed below.
11.2 If you wish to return a product that is not damaged and that was provided to you under these terms and conditions, then you may return that product in accordance with our Returns Policy.
11.3 Our Returns Policy is incorporated into these terms and conditions. You can view our Returns Policy on the web site. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
11.4 We will not refund the delivery fee where the products have been delivered to you, unless you are returning the product because it was damaged.
11.5We do not refund or exchange for change of mind, so please choose your product carefully and ask as many questions as you like. If you feel the item provided is different than described or is faulty, we will work with you to resolve the issue as soon as possible by exchanging, repairing or refunding your money as provided for by law.
RETURN POLICY: REPAIR, REPLACE, REFUND
11.6In accordance with your rights under the Australian Consumer Law Consumer Guidelines, you are entitled to return a product if you believe that the item is not as described, or if it is faulty due to a manufacturing defect and is within the manufacturer’s warranty period. Items found to be faulty due to abuse, mishandling or any sort of misuse will not qualify for warranty repair or replacement.
For a minor problem, you are entitled to a free repair if we offer one, or failing that, a replacement or refund.
For a major problem, we will either:
Request that you return it to us for inspection and repair or replacement according to the Return Procedure below, or
Request that you return it to us for a refund.
11.7In order to be eligible for reimbursement of any freight return costs incurred by yourself, you must first receive an approval from us to return the product, and keep receipts. If the product is found not to have a problem as you have described, you may be required to pay the transport or inspection costs. An estimate of these costs will be provided to you before the product is collected, if arranged by us. Returned items will remain your responsibility during transit.
11.8If the product can be easily posted or returned in person, you are responsible for organising the return of the item to us according to the procedure below. Please pack your returned items carefully.
RETURN AND WARRANTY PROCEDURE
11.9In order for us to serve you best, the below procedure must be followed:
To initiate a return or warranty request, you must contact us by email by clicking here to discuss your request and obtain a return request approval. Where there is no proof of delivery, delivery date will be assumed to be four (4) business days from the date of dispatch.
If a return request is approved, we will give you return details and the return address. This address may be The Musical Nest, the authorised repairer or other authorised third party. We may also request further information to process the return. Item(s) must be received by the return address within ten (10) business days. The Musical Nest will not accept liability for damage which may occur during transit. Please pack your returned item(s) carefully.
If a repair or replacement is agreed on, the item is received and problem is confirmed, we will organise and complete this free of charge within a reasonable timeframe given the nature of the item and situation. You will be notified of this time estimate.
If a refund has been agreed upon, the item needs to be returned & checked, following this the refund will be made within two (2) business days via the same method as payment was made. You will be notified via email once your refund has been processed.
12.1 Subject to clause 14.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a product for any purpose.
12.2 Subject to clause 14.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
12.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to the following remedies (at our option):
replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
12.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
12.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
13.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
the breach cannot be remedied; or you fail to the remedy the breach within 10 days of our notice to you of that breach; or if there is an emergency.
13.2 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
CHANGES TO THESE TERMS AND CONDITIONS
14.1 For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
14.2 We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.
15.2 We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
for the purpose of and incidental to providing our products and to you in a secure way. This includes uses and disclosures which we require to operate the Site; and
with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
for other purposes to which you consent to (either express or inferred consent).
15.3 We may transfer your personal information to others in countries outside Australia. We will only do this within the scope of clause 15.2.
15.4 You may access your personal information, by logging into your registered account or by contacting us.
16.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
16.2 This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Capitalised terms used are defined in these terms and conditions. In these terms:
Contact Hours means 9am to 5pm Monday to Friday (Sydney time).
Delivery Address means the address specified by you during the customer registration process for the delivery of products that we will supply to you under these terms and conditions.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cmwlth).
LoginID means the email address that you provided to us as part of the registration process to use the Site.
Product (product) means each good that is advertised on the Site