Car Audio Direct Pty Ltd ABN 62 103
384 372 of Unit 3,
9 Strathaird Road, Bundall, Gold Coastwill be announced hereon as either “CAD” and you the customer will be announced
hereon as “the customer”
The
entirety of this contract between the Customer and CAD includes the following Terms
and Conditions together with your Order for the supply of the Products.
Legal Capacity to Transact
Persons
under the age of eighteen (18) are not permitted to place orders with ‘CAD’
By accepting
these Terms and Conditions the customer/s acknowledges their age of eighteen (18)
years or above. Should CAD suffer any damage or other losses as a result of a
transaction entered into by a minor, CAD reserves the right to seek
compensation for such losses from the parents or guardians of the minor who
caused any order(s) to be placed with CAD.
Australian and Overseas Sales
CAD will accept orders from within
Australia and
from overseas customers. Contact sales@caraudiodirect.com.auif an order is to be placed from outside
Australia. However, if the customer
wishes to place an order from outside
Australia please contact sales@caraudiodirect.com.au for ordering information.
Please Note:
CAD will NOT accept credit cards issued outside of
Australia. For
all overseas orders direct deposit is the only payment method accepted unless
otherwise specified.
CAD
currently accepts PayPal, Direct Deposit or Cash on pickup. Payment processing
will not begin until CAD receives all the information required.
Orders
placed on a weekend or a Public holiday will not begin payment processing until
the next business day. Business days are Monday through Friday, excluding Queensland
Public holidays.
If payment
is not received within 10 days from the date that the customer places the order,
CAD reserves the right to cancel the transaction.
GST
CAD
purchases are GST inclusive.
Prices
CAD aims to
provide competitive priced for all listed products.
CAD reserves
the right to change prices for Products displayed at CAD at any time.
Delivery
time takes up to 10 working days from date of payment. In all instances
estimated delivery times will be displayed at the check out for your Product.
Unless
otherwise agreed by CAD, CAD will deliver the customer’s Products to the
address indicated on their CAD Account. If no-one is available to receive the delivery
of the customer’s Products, CAD’s carrier (Australia Post) will leave a card so
the customer can pick-up their Product from the local Post Office. Title and
risk of loss to all Products will pass to you on delivery.
Refund policy
CAD does
not offer refunds, credit notes or replacements for change of mind, incorrect
selection of a product or failure to verify and accurately provide information
when placing an Order.
Dead
on Arrival Products - "DOA"
A CAD
Product is considered DOA if it shows signs of defect, or is discovered to be
broken when first taken from its packaging. A CAD Customer Service member will
provisionally determine whether the Product is DOA. Where a Product is
provisionally determined as DOA CAD will arrange to replace the Product.
Refunds will only be offered where a replacement Product can not be provided.
Where CAD has provisionally determined that a Product is DOA, return shipping
will be arranged at the expense of CAD.
If the
Product is deemed by Customer Services NOT to be DOA, CAD may in its absolute
discretion refuse to replace the Product or offer a refund for the Product.
When a
Product is replaced, the replacement Product becomes the customers property and
the returned DOA Product will become CAD’s property. DOA Products must be
returned whenever CAD agrees to replace the Product or provide the customer
with a refund. CAD reserves the right to test any returned DOA Product. If the
condition of the Product was misrepresented to CAD by the customer, CAD will
impose a $35 handling and administration fee in addition to return postage to the
customer.
Product
Problems
If a defect
arises after delivery and a valid claim is received by Customer Service within the
warranty period, CAD will exchange the Product where possible, or repair the Product.
Should the customer contact CAD outside the warranty period, Customer Service Management
will consider each claim on a case by case basis on its merits. Where CAD agrees
to replace or repair the Product, the defective Product must firstly be returned.
Please note, freighting costs to return the Product to CAD are on behalf of the
customer. CAD will make arrangements with the customer for the return of the defective
Product.
The
delivery time for replacing the Product will be the same as stated for the
original Product.
Replacement
Products are provided with the same Warranty as the returned Product.
All
Products must be packed in the original, unmarked packaging including any
accessories, manuals, documentation and registration that shipped with the
Product. In the event that no fault is found with the product, CAD will impose
a $35 handling and administration fee in addition to return postage to you.
When
a Replacement Product is arranged
A replacement
for the same Product that the customer ordered will be shipped to the customer
at the expense of CAD after CAD has received the returned defective Product. The
delivery time for the replacement Product will be the same as stated for the
original Product.
When
a Refund is arranged
No refund
will be given to the customer until CAD has received the defective or DOA Product.
Refunds
will be issued by direct deposit or a credit to "Your Account" with CAD.
Where a credit is organised for "Your Account" you have the option of
cashing-out "Your Account" at any time.
Some
Products - Manufacturer Only Warranty
Some
Products sold through CAD are serviced and supported exclusively by their
manufacturer in accordance the warranty information provided on the listing.
For items
advertised and sold with manufacturer’s warranty CADadvises the customer to contact the
manufacturer or supplier in the first instance for replacement or repair under
the Warranty terms. If the manufacturer is unable to comply, CAD will provide
you with instructions.
CAD will
not be liable for any loss of income, loss of profits, loss of contracts, loss
of data or for any indirect or consequential loss or damage of any kind howsoever
arising and whether caused by tort (including negligence), breach of contract
or otherwise.
CAD’s
maximum aggregate liability for any Product supplied to the customer, whether
in contract, tort (including negligence) or otherwise, shall in no
circumstances exceed the amount payable by the customer to CAD in respect of
the Product(s) in question.
The Customers Data - Use and Protection
By placing/creating
an account with CAD, the customer agrees that CAD may store, process and use the
data collected from the Order Form for the purposes of processing the Order.
The Customer may obtain a copy of the data held by us, concerning the customer
on request, in writing.
CAD reserves
the right to charge an administration fee for processing such a request. If any
data held by CAD concerning the customer is incorrect, CAD will correct it on
the written request.*
The
Custoerm shall not assign any rights and obligations under these Terms and
Conditions whether in whole or in part without the prior written consent of CAD.
Any unauthorised assignment shall be deemed null and void. If any provision of
these Terms and Conditions is held by any competent authority to be invalid or
unenforceable in whole or in part, the validity of other provisions of these
Terms and Conditions and the remainder of the provisions in question shall not
be affected thereby. Under the Trade Practices Act 1974 ("Act"),
where implied conditions and warranties cannot be excluded, any liability in CAD
for breach of such conditions and warranties (other than a condition or
warranty implied by section 69 of the Act) shall be limited, at the option CAD,
to the replacement of the Product(s) or the re-supply of the same Product(s);
the payment of the cost of replacing the Product(s) or of acquiring equivalent
Product(s). Neither CAD‘s failure nor The Customers failure to enforce any Term
or Condition constitutes a waiver of such Term or Condition. Such failure shall
in no way affect the right to later enforce such Term or Condition. CAD
reserves the right to change the Terms and Conditions of sale at any time.
Force Majeure
CAD shall
not be liable for any delay in performing any of its obligations under these
Terms and Conditions if such delay is caused by circumstances beyond the
reasonable control of CAD and CAD shall be entitled to a reasonable extension
of time for the performance of such obligations.
Governing Law
These Terms
and Conditions shall be governed by and construed in accordance with the laws
of
Queensland and shall be subject to the
non-exclusive jurisdiction of the courts of
Queensland.
