1. This website (Site) is operated by Addicted To Audio Pty Ltd (ABN: 22 687 081 161) (we, our or us). It is available at: addictedtoaudio.com.au and may be available through other addresses or channels.
2. By accessing and/or using the Site you:
a. warrant to us that you have reviewed these terms and conditions (Terms) and you have read our Privacy Policy (available on the Site), with your parent or legal guardian (if you are under 18 years old);
b. warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
c. agree to use the Site in accordance with the Terms.
3. You must not use the Site and/or place an order for products through the Site unless you are at least 13 years old.
4. By browsing, accessing or using the Site, by ordering the Goods or Services provided through the Site or by accessing, attending, or purchasing our Goods and Services In-Store or through a Third Party Partner, you acknowledge and warrant that you have read, understood and agree to be bound by these T&Cs and any additional terms and conditions notified to you from time to time. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing or using the Site, ordering or purchasing the Goods or Services.
1. You may purchase products from us without an account, or you may choose to create an account with us which allows you to review your purchases and save products to your wish list. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
2. When you make a purchase, you will be asked to input basic contact information such as your name, email address, contact phone number, shipping address, billing address and payment details, and if you choose to create an account, you will choose a password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
1. You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
2. We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
3. If your multi-item order contains a pre-order product, we will typically elect to hold the entire order (including in stock items) until the pre-order item becomes available before we arrange for the complete order to be dispatched to you, unless otherwise communicated to you by our Customer Care team.
4. Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
5. It is your responsibility to check the order details, including selected products and pricing, as well as billing and delivery address details, before you submit your order through the Site. You are responsible for ensuring that the delivery address details you provide to us during order placement are accurate and complete. We will not be liable for incorrect or incomplete delivery address details resulting in your order being undeliverable or Returned To Sender by the courier. Undeliverable or Returned To Sender packages will be subject to restocking or re-delivery fees, to be quoted on a case-by-case basis, based on your specific order and location.
6. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.
7. When you purchase a product which is advertised as being in stock on our website, we collect the full payment amount at checkout during order placement, and fulfil and ship your order in a timely manner typically within 48 business hours of order placement if stock is available.
8. If you elect to use independent Artificial Intelligence (“AI”) platforms or tools - separate from our website - to obtain product advice, recommendations, or purchasing guidance, these AI tools operate entirely outside the control, management, and oversight of our business. By placing an order via our website, you acknowledge and agree that:
a. Any information, suggestions, or guidance obtained from third‑party AI tools are not provided, endorsed, or verified by our business.
b. We make no warranties or guarantees regarding the accuracy, suitability, or reliability of AI-generated content from external platforms.
c. Our business is not liable for any errors, misunderstandings, or losses arising from decisions made in reliance on third‑party AI recommendations.
9. Before completing a purchase, you are responsible for reviewing all product information available on our official website and for seeking clarification directly from our retail or customer support teams if required. Customers should not rely solely on external websites or AI tools when evaluating product suitability.
10. In the event of any discrepancy between information provided on our website and that produced by third‑party websites or AI systems, the product details published on our website take precedence.
11. We are not responsible for AI recommending a product to you resulting in an incorrect purchase (and our team has not been consulted to verify compatibility or suitability prior to order placement). Please refer to our 11.1. Change of Mind return policy for any subsequent request to return incorrectly purchased goods.
1. When you purchase a pre-order item from our Site, you are buying an out-of-stock or soon-to-be-available product not yet in inventory. We collect the full payment amount at checkout during order placement, and then fulfil and ship your order at a future date once stock arrives.
2. We endeavour to provide an estimated stock arrival window on each pre-order product listing. Estimated stock arrival dates are simply estimates, and may be subject to change due to manufacturing delays, shipping delays, or other factors outside of our control. If we become aware of any such delays that impact the originally indicated pre-order stock ETA, we will contact you using the details you supplied when you placed your order to let you know and provide an updated ETA. You may elect to continue waiting, or opt to receive a full refund if preferred at that stage.
3. You can request to cancel a pre-order at any stage prior to your order being fulfilled and dispatched. Once the order has been fulfilled and dispatched to you, then you cannot cancel the order, but you may be able to request a Change of Mind return for a partial refund. A 15% restocking + handling & freight recovery fee will apply to the order if return is requested due to Change of Mind post-dispatch, with the buyer being responsible for arranging return, and for any associated return costs. Please see our (11.1.) Change of Mind return policy for more details on returns and refunds.
1. Once your order is placed, we work quickly to dispatch it as soon as possible to ensure efficient delivery. Once an order has progressed beyond a certain status, we may be unable to cancel your order, or make any changes to your order or address if requested (due to automatic processes we have in place), and we are therefore unable to guarantee that any such request can be accommodated.
2. We encourage you to verify that your chosen product/s, billing, and delivery address details are correct and that you are content with your selection before completing the checkout and finalising your order.
3. If an order change or cancellation request cannot be actioned and the order is subsequently dispatched, a 15% restocking + handling & freight recovery fee will apply to the order if return is requested due to Change of Mind post-dispatch, with the buyer being responsible for arranging return, and for any associated return costs.
1. You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the product price.
2. You must pay the Price using one of the methods set out on the Site, such as by credit or debit card or through Afterpay, Zip Pay or PayPal.
3. If you pay the Price through a third party, such as through Afterpay, Zip Pay or PayPal, the payment will also be subject to the relevant third party’s terms and conditions, including any terms relating to finance or payment plans.
4. Unless you are approved to pay the Price under a finance or payment plan by a third party, you must pay the Price upfront at the time you place your order. Only once the Price has been paid in full or you have been approved to pay the Price under a finance or payment plan by a third party, will your products be dispatched to you.
5. You may request to pay the Price under a finance or payment plan through a third party. The third party will provide you with details of available finance and payment options, minimum payment amounts and interest free periods. Your approval to pay the Price under a finance or payment plan will be subject to the third-party provider. If your request for payment under a finance or payment plan is approved, your arrangement to pay the Price will be between you and the third-party provider; other terms and conditions may apply; and any terms and conditions as to your payment of the Price under a finance or payment plan with a third party will be incorporated into these Terms.
6. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. All payments made on the Site will go through a third-party security check, in order to protect you and us from fraudulent payments. Orders flagged or suspected as being fraudulent may be automatically cancelled by our payment merchant, and this outcome is irreversible. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
7. We may from time-to-time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
If an authorised local Australian competitor is offering a cheaper price on an identical product, either in its store or on its Australian website, we may elect to price match at our discretion if:
1. The price match is requested prior to purchase.
2. The competitor is an authorised local Australian retailer/reseller.
3. The product is identical (same brand, model, style and colour).
4. The product is in stock and available for immediate sale/dispatch by both A2A and the competitor.
5. We are able to verify the price and availability of the product.
6. The competitor’s price is not below our cost price.
7. Online price comparisons must include any specified delivery costs, if applicable.
Exclusions:
1. Grey or direct import products that are not sold through an authorised Australian reseller channel, commercial orders, or competitor advertising errors.
2. Competitor liquidation or clearance products, private offers, or products with limited or restricted quantities.
3. Products advertised on marketplace, auction or classifieds websites, or via third-party sellers (e.g. Amazon, eBay, AliExpress, etc).
4. Discounts offered by way of a coupon code or similar discount.
Note: Addicted To Audio reserves the right to decline any price match request at our discretion.
We offer a 7-day Price Protection policy. If Addicted To Audio reduces the price of a purchased product (either in-store or online) within 7 days from your invoice date, you may get in touch to apply to receive a store credit for the difference in price.
Criteria:
1. The price protection request must be submitted to Addicted To Audio strictly within 7 days from the invoice date. Price protection requests received outside of this window unfortunately cannot be accommodated.
2. If approved, the difference in price will be issued back to you in the form of a store credit on your account. Store credit cannot be exchanged for cash or a monetary refund.
3. This policy applies exclusively to prices advertised in Addicted To Audio retail stores or via this Site (www.addictedtoaudio.com.au).
4. Excludes demo and clearance products.
5. Excludes bonus offers, coupons, discount codes, cashback offers and advertising errors or misprints.
6. Please note: Subsequent orders that utilise store credit funds may not be eligible for free shipping if the $99 free shipping threshold is not met.
1. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. We will endeavour to notify you of any stock availability discrepancy at the time of order or within a reasonable time thereafter. Should your purchased product not be available, you will be offered the option to cancel and receive a refund for your order, or to wait for new stock if an ETA is available and able to be provided to you.
2. We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.
1. If possible, we will deliver the products to the delivery address you provide when making your order. We deliver within Australia only. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
2. Delivery costs are as follows:
a. all orders over $99 – free of charge;
b. all orders under $99 – $10 charge;
c. optional express shipping on items up to 22 kgs – $25 charge; and
d. optional express shipping on items 22 kgs and over – $50 charge.
3. If payment for an order is received before 2:00 pm Melbourne time on a business day, we will endeavour to dispatch within 2 business days from that time, provided that no unforeseen order processing delays are encountered, or unless otherwise noted on our website or communicated to you by our Customer Service team. Please note that weekends, public holidays, and sale periods may impact dispatch timeframes.
4. Any delivery estimates displayed on the Site are estimates only, based on the information provided by the delivery company, and are not a guaranteed delivery window. Delivery time frames can vary and are dependent on your location and other unforeseeable factors (such as courier delays, accidents, natural disasters, etc). We unfortunately cannot be held accountable for any courier-related delivery delays, which are outside of our control.
5. We deliver most orders using Australia Post and StarTrack at our discretion. Once we dispatch an order, a dispatch confirmation email will be sent to you containing the tracking details for your parcel so that delivery can be monitored. When placing your order, we recommend that you nominate a delivery address where you or your authorised representative will be available to sign for the delivery.
6. We provide tracking details via email upon dispatch so that you can actively monitor your tracking page and ensure that you or your authorised representative will be present on the estimated or indicated delivery date to accept the package.
7. As a general estimate, we typically find that standard delivery to most Australian metro addresses takes approximately 3-8 business days, depending on your specific location.
If optioned during checkout, Express postage may take approximately 1-3 business days to most metro locations. If your parcel has not arrived within 10 business days from the date of dispatch, please reach out to our Customer Care team either via email or using our Contact Form to let us know, and we’ll be happy to lodge an enquiry with the courier on your behalf.
8. In order to ensure safe delivery, we ship all orders (regardless of order value) with a Signature on Delivery requirement. In most instances, the courier will be unable to leave the parcel at your premises if a signature cannot be obtained.
9. If you or your authorised representative are not present at the delivery address to accept delivery, the courier will typically deliver the parcel to your nearest post office or depot, and you will then have a window of up to 10 business days to arrange a free of charge collection from the location specified by the courier.
10. If the parcel is not collected within 10 business days, the courier will then arrange for the parcel to be Returned To Sender (RTS). Upon return of the unclaimed parcel to us, a restocking fee of up to 15% + handling & freight recovery fee will then need to be deducted from any refund owed to you if you no longer wish to receive your order.
11. Alternatively, you may opt to request a re-delivery upon the return of your parcel to us by the courier. A minimum re-delivery fee of $16.50 will need to be paid by you before the parcel can be re-dispatched as was originally addressed, though the re-delivery fee will vary based on your location and the size and weight of the package, and will therefore need to be quoted on a case-by-case basis.
12. You are responsible for ensuring that the delivery address details you provide to us during order placement are accurate and complete. We will not be liable for incorrect or incomplete delivery address details resulting in your order being undeliverable or Returned To Sender by the courier. Undeliverable or Returned To Sender packages will be subject to restocking or re-delivery fees, to be quoted on a case-by-case basis, based on your specific order and location.
13. Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
14. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order, subject to you or your authorised representative signing for delivery. Once risk in the products passes, you will be solely responsible for them.
15. Post-order dispatch and/or during transit of your order to you, if you elect to redirect your parcel to an alternate address, or authorise the courier to leave the parcel unattended at your premises without a signature being obtained (thus altering the original contract of delivery between Addicted To Audio and our courier partner), you acknowledge that all associated transfer of risk and liability for loss or damage passes from us to you. We will not be liable for any order loss or damage where you have chosen to redirect your parcel or circumvent our Signature on Delivery requirement.
16. Product damage or missing accessories must be reported by you to our Customer Care team within 48 hours of delivery. It is your responsibility to ensure that your order is unboxed in a timely manner upon receipt to ensure goods are free from damage, and all factory accessories and inclusions are present. Transit damage and missing accessory claims will not be accepted beyond this 48 hour window.
1. We offer a 14-Day Change of Mind policy. If your product remains unopened, and you’ve changed your mind about your purchase, determined that it’s incompatible for your particular needs, or have made an incorrect purchase, you may be eligible to request a return for an exchange, store credit or refund (minus restocking, freight recovery and handling fees).
2. Change of Mind return requests must be submitted to our Customer Care team for review either via email or using our Contact Form within 14 days from your invoice date (applicable to in-store purchases), or delivery date (applicable to online orders).
3. To be eligible, products must be in brand new, factory sealed, unopened, unused, undamaged and resellable condition. Unfortunately we are not able to accept Change of Mind returns on products that have been opened, even if unused. Likewise, return requests on earphones/IEMs/CIEMs due to incorrect fitment unfortunately cannot be accepted.
4. You will need to provide your purchase receipt, and verify that the product is in original, factory sealed condition and has not been used, damaged, tampered with or altered.
5. Where we elect to accept a Change of Mind return at our discretion, a minimum 15% restocking fee will apply, in addition to freight recovery & handling fees (to be determined and quoted on a case-by-case basis).
Please note that lower value orders and/or products under the value of $170.00 will incur a minimum $25.00 restocking fee, in addition to freight recovery & handling fees.
6. Should you wish to proceed, a Return Authorisation and return instructions will then be provided to you so that you can arrange return of the product to us.
You will be responsible for all associated return costs, as well as ensuring the safe, trackable return of the product back to us (we will not be liable for any returning parcels that are lost or damaged in transit).
7. Returns must be received by us unopened and free from damage, complete in retail packaging and including all factory accessories and tags, along with any products that were bundled with the purchase (such as bonus items, vouchers etc). We reserve the right to reject any Change of Mind returns that do not meet the above-outlined terms and criteria upon our physical assessment of the product, and charge any applicable handling and postage fees associated with returning the product to you.
8. Please note that we cannot accept Change of Mind returns under any circumstances on some products, such as:
● Earphones/IEMs/CIEMs
● Headphones
● Ear tips
● Ear pads
● Cabling cut and sold by the metre
● Software
● Oversized and bulky orders (e.g. multi-component systems, or bundles.)
● Special orders
● Consumables
9. Any items damaged due to reasons not covered under warranty cannot be accepted back under our 14-day Change of Mind policy.
10. Due to the administrative challenges posed, any goods returned to us under Change of Mind without our express prior approval and a valid Return Authorisation cannot be accepted, and will unfortunately result in return of the product to you at your expense.
1. We offer a 14-Day DOA policy for your peace of mind. If your newly-received product is found to be faulty or non-functional upon delivery or during its initial use/installation within this DOA period, you are eligible to request a return for replacement, store credit or refund, per your preference.
2. To be considered DOA, the fault must be reported to our Customer Care team either via email or using our Contact Form within 14 days from your invoice date (applicable to in-store purchases), or delivery date (applicable to online orders).
3. Defective product claims received after the end of the 14-day DOA period will not be eligible for this policy, but may instead be covered under standard warranty or other terms. Please refer to “Warranty (Beyond 14 days after purchase)” below. You may have additional rights under the Australian Consumer Law, and nothing in these terms and conditions seek to limit
those rights.
4. The following information should accompany your DOA claim to assist in the verification process:
● Invoice or Order Number
● Product brand and model
● Serial Number
● A detailed description of the fault, including photos and/or video clearly demonstrating the fault
● Whether you would prefer a Replacement, Refund, or Store Credit
● Any relevant additional information
5. Once your request is received, our Warranty team will be in contact to assist you with troubleshooting the reported issue as a first step. If remote diagnosis fails to determine the cause or resolve the issue, or the fault can be tentatively verified by our Warranty team, a Return Authorisation and return instructions will then be provided to you so that the product can be sent back to us for physical assessment.
6. A free Return Label can then be supplied to you by our Warranty team to help facilitate the return at no cost to you, or alternatively, you may instead opt to return the product in-store if you are located near one of our retail outlets.
7. Once your return has been received and assessed, and a warrantable fault determined as being present, we will then arrange for your chosen remedy (refund, replacement or store credit) to be issued to you within 2-7 business days.
8. Please note: If the product is returned to us for evaluation and either no fault is found to be present, the reported fault cannot be replicated by us, or the reported fault appears to stem from incorrect setup, incompatibility or product misuse, a minimum standard Assessment and Return fee of $107.50 will be payable before the goods can be returned to you.
9. Should the applicable Assessment & Return fee payment not be paid in a timely manner and after repeated contact attempts over a period of 3 months, a Notice of Intent to Dispose of Uncollected Goods will be issued to you, 28-days after which time the goods will be considered forfeited, and will be disposed of accordingly. No further claim regarding an uncollected, disposed of product will be accepted by us thereafter.
10. Addicted To Audio reserves the right to modify this policy at any time.
11. This policy does not affect your statutory rights under applicable consumer protection laws.
At Addicted To Audio, we take pride in offering a carefully curated range of quality home audio gear. However, we know that things sometimes don’t go as planned, and a product may in time develop a fault. In the unlikely event that this occurs, we’re here to help!
We endeavour to ensure a smooth process when handling warranty claims, and aim to make it as seamless as possible so that you can continue enjoying your gear for years to come.
1. All new products come with a limited manufacturer’s warranty, with warranty terms varying based on the brand and product. Warranty is subject to the product having been used under normal operating conditions, and to products that have not been physically, electronically or mechanically altered in any way. Warranty does not cover damage or failure resulting from faulty or improper installation, acts of nature, abuse, incorrect voltage, alteration, accident, misuse, negligence, or exposure to the elements. Warranty will not apply to general wear and tear due to usage, nor products that have been physically damaged.
2. You will need to present your original invoice/purchase receipt, to verify that you are the original purchaser (as warranty is non-transferrable).
3. Product faults must be reported to our Customer Care team either via email or using our Contact Form within the product’s specified warranty period.
4. The following information should accompany your warranty request to assist in the verification process:
● A copy of your original invoice/purchase receipt
● Product brand and model
● Serial Number
● A detailed description of the fault, including photos and/or video clearly demonstrating the fault
● Any relevant additional information
5. Once your request is received, our Warranty team will be in contact to assist you with troubleshooting the reported issue as a first step. If remote diagnosis fails to determine the cause or resolve the issue, or the fault can be tentatively verified by our Warranty team, a Return Authorisation and return instructions will then be provided to you so that the product can be sent back to us for physical assessment.
Alternatively, you may instead opt to return the product in-store if you are located near one of our retail outlets.
6. Once your return has been received and assessed, and a warrantable fault determined as being present, we will then arrange for your product to be repaired under warranty (provided the fault is considered to be ‘Minor’). If repair is not practicable or feasible, or if the fault is classed as a ‘Major’ fault, we can then alternatively offer and discuss replacement, store credit or refund options with you. (You may have additional rights or remedies under the Australian Consumer Law).
7. If repair is possible and practicable, we will endeavour to arrange repair of your product in a timely manner. Due to some manufacturers requiring return of the product directly to their international service centres for repair in some cases, or where parts are not available locally and need to be ordered in, repair turnaround times can vary from as little as 1-3 weeks in most instances, up to approximately 10 weeks in some rare cases. Our warranty team can provide you with insight on approximate expected turnaround times post-product assessment or upon request.
8. Should your product require repair, some or all of your stored data may be lost during the process of repair. It’s important to ensure that you have saved this data elsewhere prior to returning your product to us.
9. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
10. All work carried out by our authorised service technicians/partners, and any parts used in the repair of your product, will be free from defects in materials and workmanship for a period of 3 months (90 days) from the date of service completion, or the remainder of your original product warranty period (whichever is longer). Any subsequent faults that arise with the same product and are determined to be unrelated to the original warranty claim cause/or repair will not be covered by this 3 month guarantee.
11. Please note: If the product is returned to us for evaluation and either no fault is found to be present, the reported fault cannot be replicated by us, or the reported fault appears to stem from incorrect setup, incompatibility or product misuse, a minimum standard Assessment and Return fee of $107.50 will be payable before the goods can be returned to you.
12. Should the applicable Assessment & Return fee payment not be paid in a timely manner and after repeated contact attempts over a period of 3 months, a Notice of Intent to Dispose of Uncollected Goods will be issued to you, 28-days after which time the goods will be considered forfeited, and will be disposed of accordingly. No further claim regarding an uncollected, disposed of product will be accepted by us thereafter.
13. If you require further information or have a warranty concern, please get in touch with us via email or using our Contact Form.
14. Please note: Addicted To Audio does not provide additional warranties beyond those offered by the manufacturer, except as required by law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. This policy does not affect your statutory rights under applicable consumer protection laws.
15. You may have additional rights under the Australian Consumer Law, and nothing in these terms and conditions seek to limit those rights.
16. Addicted To Audio reserves the right to modify this policy at any time.
1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
2. You must not, without our prior written consent:
a. copy or use, in whole or in part, any of our intellectual property;
b. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or;
c. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
1. Despite anything to the contrary, to the maximum extent permitted by law:
a. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
b. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
2. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
a. loss of, or damage to, the products, or any injury or loss to any person;
b. failure or delay in providing the products; or
c. breach of the Terms or any law, where caused or contributed to by any:
d. event or circumstance beyond our reasonable control; or
e. act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
1. We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy.
2. We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
4. By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
3. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
4. Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
5. Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
6. Feedback and complaints: We are always looking to improve our Site and products. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
7. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
8. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
9. Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
10. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
11. Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
For any questions and notices, please contact us at:
Addicted To Audio Pty Ltd (ABN 22 687 081 161)
Email: info@addictedtoaudio.com.au
