ClearaSound Terms and Conditions of Sale
Ownership of website.
This website is owned and operated by ClearaSound Pty Ltd ABN 14 002 863 103. ClearaSound asserts copyright in respect of its content. ClearaSoundacknowledges the rights of third parties in respect of products described, pictured and or offered and or otherwise contained within the website in which the third party suppliers have registered or implied rights. ClearaSound displays this material with approval of these third parties. No material from this site may be downloaded, printed out or distributed to other parties except for the purpose of purchasing the products and services offered and only by or for individuals or organisations considering purchases through this website or otherwise from ClearaSound or its authorised resellers.
Use of this website is subject to these terms and conditions and is at the risk of the user. Every effort is made to keep the website up to date and to ensure the accuracy of the information provided. However customers and other users are liable for their own actions in relation to this site. To the extent allowed by laws ClearaSound accepts no responsibility for the actions of the users of the site or their actions based or claimed to be based on the use of the site.
Products for use in Australia
Products available for sale through this website in general comply with relevant Australian Regulatory requirements for use within Australia. They are sold for use within Australia. These products may not be suitable for use outside Australia and any use outside Australia is at buyer’s risk and all indemnity, warranty and repair commitments are null and void if so used.
Your order for a product, products or services.
Your order may be placed subject to these terms and conditions through this website or by calling us by telephone or by faxing us or by visiting our showroom. We may require current accurate details from you of certain personal information to fulfil your order. This may include your name, your address for delivery and also contact communications details for necessary follow-up, and clarification of details. These details are obtained by us to facilitate all matters concerning fulfilment of your order, communications before and after acceptance and delivery of your order and to arrange your payment. These details may include mail address, telephone number, email address, fax number, credit or debit card number and expiry date. It is essential that this information is accurate and up to date.
We will respect your privacy in respect of these details and they will only be used to fulfil your order, register warranty information, and provide follow-up service where relevant. We will at all times respect your privacy both by intent and as required by applicable law. We will not store credit card details once a transaction is completed.
Our acceptance or rejection of your order.
Normally we will acknowledge and accept your order by email where you have provided it, if no email address is provided we will acknowledge and accept your order by other relevant communication address provided by you. We reserve the right to delay acceptance of or reject your order if we have no stock, or all stock is committed to other orders, there is a change of specification or other change in the product from our manufacturer or other source and or there is a change in price. We similarly may delay acceptance or reject your order if you have provided us with incomplete or inaccurate information as required to complete your order. We will endeavour to notify you of rejection or delayed acceptance of your order and where applicable the changed nature of the product or price applicable to your order in reasonable time.
Cancellation of an order by you or ClearaSound
If we need to cancel your order in circumstances such as product changes and or availability rather than delay acceptance, we will then contact you to explain the circumstances and discuss options for fulfilment of your requirements with an alternate product or such other action or no action as will assist your requirements. In these circumstances if we have received payment from you we will return your payment to you by the same means as you paid us and without charge.
If you need to cancel the order prior to dispatch from our premises we will accept your cancellation and return your payment to you by the same means as you paid us and without charge.
Your payment to ClearaSound.
The prices and total payment due will be displayed on the transaction format before “check-out”. The format on this website allows for payment by Visa or MasterCard. (Note payment cannot be accepted by any other credit or debit card) By completing the “check-out” section of the order you are authorising us to deduct the total value of your order from that credit or debit card. You may also choose to pay by “bank cheque” or “money order”. In the event the latter method is used our acceptance will be delayed until we receive the payment by mail, courier or by hand within business hours. Normal business hours are 9.00am till 5.00pm Monday to Friday excludingNew South Walespublic holidays.
We may decide to cancel your order or defer acceptance of your order and contact you If any method of payment is ineffective due to problems we encounter such as but not exclusively the receipt from you of incorrect or inadequate information, a cancelled credit or debit card, lack of capacity on a credit or debit card, invalid data in respect of a credit or debit card, or receipt of a personal cheque not a bank cheque.
Our delivery arrangements.
Upon receipt of payment from you and clear delivery instructions and following our acceptance of your order, we will prepare your order for dispatch by the method agreed in the order acceptance on the next working day following receipt of your order. Dispatch may be delayed if transport is not available. Normally delivery will be in 3 working days in the Sydney Metropolitan Region, in 5 days in regional NSW cities or the ACT or other capital city, in 10 working days in regional cities outside NSW or outback areas of NSW, and in 15 working days in outback areas outside NSW.
All deliveries will be by Registered Post or Express Post or courier unless otherwise specified and notified in our acceptance of order. The tracking number for your Registered Post, Express Post or courier dispatch can be found in our advice to you and or on the invoice and acceptance under “Dispatch Follow-up”. You must accept the product on delivery or authorise another person to accept delivery on your behalf. Ownership passes to you after we receive payment and completion of delivery including a signature acknowledging receipt as above.
Cancellations and returns.
We aim to provide you with a safe and simple on line experience. We will always do our best to help you make the right decision for you and to supply you with the appropriate product in good condition. For many reasons on arrival it may turn out to be not the product you want at that time and/or you have changed your mind and you don’t wish it replaced. In all cases we will accept a return subject to the conditions following.
1. Provide us with proof of purchase of the product being a receipt or other document issued by ClearaSound.
2. The product and packaging including manuals must be in original conditions with all labels and other attachments in place and in all respects in original condition and undamaged.
3. The product in particular any component body contact item such as ear buds, earphones, or microphones have not been in contact with a person or otherwise rendered unsterile or soiled.
4. The product is returned to ClearaSound at the expense of the customer.
5. You must notify us in advance of your intention to return the product to us and dispatch to us within 5 working days of your receipt of delivery.
A copy of ClearaSound General Warranty Policy is supplied with every product. We will honour our warranty policy where a genuine fault is found.
If your product fails to perform to specification or is otherwise faulty within the warranty period, you must notify us in advance and then after discussion if return is required, you must return the product to us at your expense in best possible condition and include proof of purchase. Proof of purchase must be a ClearaSound receipt and all serial number labels must be intact. We or our supplier/manufacturer will assess the problem and in our/their absolute discretion repair, exchange or replace the product and return it to you. If it is found there is no fault there may be some charge.
Out of Warranty repairs
If after the warranty period has expired your product develops a fault or is damaged we will endeavour to repair or have it repaired for you. We ask you to contact us then depending on our advice to you return it to us and we or our supplier will assess the product and we will then notify you as to the cost of repair or under some circumstance depending on age and condition may advise the product should be scrapped. A repair quote fee will apply in all cases. This non-refundable fee will be set-off against the repair cost of repair if you agree for us to go ahead with repair. Freight charges for products sent to us for repair are at your expense.
If a party suffers circumstances beyond their control, force majeure will apply until such time as the problem is rectified. The party will make every effort to alleviate the situation but will be allowed reasonable time to so do. In the event the circumstances do not go away after reasonable attempts are made or in the event that the problem cannot be rectified this contract may be considered null and void. Under those circumstances the obligations will not be deferred but cancelled.
This agreement is subject to all applicable laws of the State of New South Wales.
Assignment of Rights
In the event a customer assigns their rights under this agreement the agreement will be treated as null and void. Exceptions to this clause will only be considered if allowed by law.
ClearaSound Pty Ltd