Web Site Terms and Conditions of Use
This website (“Site”) is the property of and is under the management of:
Abraham Vantage Pty Ltd A.C.N. 131 066 781 of 5A Hartnett Close, Mulgrave VIC 3170 (trading as “Evolved Sound” A.B.N. 41 354 776 251)
(hereafter “Company” or “Evolved Sound”).
The use of the Site and its Services is subject to the following Website Terms and Conditions (“Terms”) that the User accepts through simple access to the Website or by giving express consent, where requested, and is therefore advised to read carefully and save or print a copy for future reference.
Service or Product: a Service or Product offered to the User by the Company.
User: a physical or legal person that, for the purpose of running a website, uses the Products or Services provided by the Company.
Customer: When a User pays for a Service they become a Customer of the Company.
By accessing this web site, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law where applicable.
2. Use License
a. Permission is granted to download one copy of the materials (information or software) on this Company’s web site for purpose relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on this Company’s web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by this Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
a. The materials on this Company’s web site are provided “as is”. This Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, this Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event will this Company, or its suppliers or licensors be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this Company’s Internet site, even if this Company or this Company’s authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. The Company shall not be liable for any damages that may result from the use or inability to use the Services by the Site. The overall liability can not in any case exceed the fees paid by the User to the Company for the Services provided by the Site.
5. Revisions and Errata
The materials appearing on this Company’s web site could include technical, typographical, or photographic errors. This Company does not warrant that any of the materials on its web site are accurate, complete, or current. This Company may make changes to the materials contained on its web site at any time without notice. This Company does not, however, make any commitment to update the materials.
This Company has not reviewed all of the sites and internet web pages linked to its Internet web site (including internal and external links) and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by this Company of the site. Use of any such linked web site is at the User’s own risk.
8. Purchase and Payments
The Company offers Services which are for sale.
The Services may be purchased only after express and total acceptance of these Terms and only upon payment, unless agreed otherwise with the User, of the amount stated when the Service is accepted.
If the Service is being offered to the User free of charge, the Company reserves the right to withdraw at any moment, also without prior notice, or to request payment for continued use of the Service.
The User undertakes to pay the amount due by credit card or some other means of payment, with the assurance that the credit/debit card used is his/her property and that all details provided for bank use (for example name and address) are complete, correct and accurate. In addition, the User confirms that the credit/debit card payable is valid and that the details required to carry out the payment are correct.
Before completing the order, the User will be able check all choices, verify the total amount of the order and correct any data input errors
All credit card payments made through the Site are handled by a 3rd party payment system. If any matter requires further attention, we will be notified directly by the payment processor.
All credit/debit card holders are subject to validation and authorisation by the issuing credit institution. If the User’s credit card Company declines to authorise payment, the Company will not provide the Service and shall not be liable for any delay or failure to deliver. The Company is not liable for any commission charged by the credit card Company or the bank responsible for honouring payment by credit/debit card payable in relation to the order.
At the conclusion of the purchase, the User will receive an email of confirmation setting out all the details of the Service purchased which will be sent to the email address used for registration and payment or sent via another method if agreed otherwise.
The order placed by the User is a contractual offer and the contract comes into effect at such time as the User receives the email of confirmation and approval from the Company.
9. Returns Policy
The Customer should check their ordered Product as soon as they are delivered in order to ensure that: (i) the Product is what was ordered; and (ii) the Product is not damaged or faulty. If this is not the case the Customer should contact this Company via the contact page.
The Customer may return the Product still in original sale condition within 30 days of delivery (from the date shown on the order confirmation receipt) and obtain a refund, exchange or credit, excluding custom duties, shipping and handling charges.
To qualify for this, the Customer must return the Product, including all proof of purchase documentation and accessories, intact and in its original packaging, undamaged and unused, to:
PO BOX 2142
Templestowe Heights, 3107
Please note we do not give refunds, exchanges or credits if:
– The Customer simply changes their mind or made a wrong decision at time of order.
– There is any evidence of physical damage to the Product, packaging or accessories, which automatically voids any warranty covering the supplied Product.
– Any packaging is damaged in transit. The packaging exists to protect the Products themselves.
It is the full responsibility of the Customer to pay and organise shipping of the returned Product. Shipping and handling charges associated with the return will not be refunded or added to the credit.
If a returned Product does not meet the policy criterion stated in these Terms (ie unused, unopened in suitable condition for resale) the claim may be rejected at the discretion of the Company and the Product returned to the Customer at their cost. In such cases if a rejected claim is not picked up or return postage paid by the Customer within 30 days of the Customer being notified of the rejection of the claim under this policy, the Product may be permanently disposed of or withheld by the Company.
Where the Company is obliged to refund a Customer payment pursuant to these Terms, the Company aims to initiate the refund within 7 business days. The additional time that it takes for the Customer to actually receive their refund will depend upon how quickly the Customers financial institution processes the refund.
This Company reserves the right to refuse a refund if the Terms outlined here-within are not met.
Except to the extent otherwise required by law, the Company will not be liable to the Customer, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in the Customer receiving any refund, exchange or credit due to the Customer, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, suppliers or licensors and any third party information providers from and against any such claims and expenses, including legal fees, arising out of your use of the Site, including but not limited to your violation of this agreement.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.