Terms and Conditions
1. About these terms and conditions
In these terms and conditions "we" and "us" mean KILLYOURSTEREO.COM Pty Ltd, ACN 108 429 849 of 17-19 Wangaratta St, Richmond, Vic 3121 and "you" means you the customer. Words spelt with initial capital letters are defined terms which, for your ease of reference, are set out at the end of the terms and conditions. These terms and conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other terms and conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. General Disclaimer
This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website.
2.2 Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all our intellectual property rights are reserved.
2.3 Site Content
KILLYOURSTEREO.COM accepts no responsibility for user created content on this site, including and not limited to: forum posts, comment posts, news posts, interviews and reviews. The ideas and opinions expressed on this site do not necessarily reflect those of KILLYOURSTEREO.COM.
2.4 Limitations Of Liability
The information on this website is provided free-of-charge and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
3. Australian Sales Only
We only sell and ship Products within Australia . We will not make deliveries outside Australia . You may not export any products purchased at the KILLYOURSTEREO.COM online store.
4. Sales to End Users only
KILLYOURSTEREO.COM sells and ships products to end user customers only.
5 . Placing Your Order
5.1 You may place orders by:
5.1.1 Adding items to the 'cart' on KILLYOURSTEREO.COM and completing the checkout process.
5.2 You must use the the KILLYOURSTEREO.COM Web Site 'cart' and checkout process. We will not accept Orders placed in any way other than those listed above.
5.3 When you place your Order, we will issue you with an Order Number. We will do this by email.
5.4 By placing an Order, you make an offer to us to purchase the products you have selected on these terms and conditions. We may or may not accept your offer at our discretion. If we accept your Order, we will notify you of our acceptance by issuing you the Order Number mentioned in 5.3. We will send your Order Confirmation to you by email. The Order Confirmation will be effective on sending.
5.5 If we cannot accept your Order we will contact you by telephone and/or email. You will receive a refund on your items in the form of a store credit to the value of your original purchase.
5.6 Information contained on the KILLYOURSTEREO.COM Web Site constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.
6. Supply of Your Products
6.1 Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
6.2 When your Order has been shipped, we will email you.
7. Payment Methods
7.1 Credit Card
7.1.1 You may pay for your Products by the methods of payment as displayed on the payment section of the KILLYOURSTEREO.COM site. At the time your order is placed, KILLYOURSTEREO.COM obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when your order ships.
7.1.2 The KILLYOURSTEREO.COM online store currently accepts Visa, MasterCard and Bankcard.
7.1.3 You must pay the total cost of the invoice in Australian dollars as indicated on your Order Confirmation.
7.1.4 We will post your Invoice to you at the billing address indicated on your Order Confirmation when we ship your Products to you. Your Invoice will be your proof of purchase.
- We are unable to accept credit cards issued by banks outside of Australia.
- For information about alternate payment options please review options listed in the following sections.
7.2.1 If you would like to use BPAY to pay for your order, please follow these steps:
7.2.2. Obtain the final dollar total of your order including GST and any applicable additional charges from the KILLYOURSTEREO.COM Store order confirmation.
7.2.3. Using the BPAY Biller Code and Customer Reference number provided in your Invoice, pay the total amount of the Invoice, including additional charges and GST with your banks online BPAY feature.
NOTE: Processing time varies among banking institutions and can be delayed. Please allow 2 business day for the processing of your BPAY payment.
7.2.4 If a BPAY payment is not made within 48 hours of your order being placed, we reserve the right to cancel the order.
7.2.5 If the total amount received is not correct, the customer is responsible for righting the error. This will include the error amount plus overhead transaction costs were incurred to KILLYOURSTEREO.COM. If this situation does occur you will be contacted by email and/or telephone with the details on what must be done by you.
7.3 Direct Deposit
7.3.1 The KILLYOURSTEREO.COM Store accepts Direct deposits as a valid form of payment. If you would like to use it to pay for your order, please follow these steps:
- Obtain the final dollar total of your order including GST and any applicable additional charges from the KILLYOURSTEREO.COM Store order confirmation.
- Electronically transfer the total dollar amount of your order order number on your order confirmation.
7.3.2 If a deposit is not made within 48 hours of your order being placed, we reserve the right to cancel the order.
7.3.3 If the total amount received is not correct, the customer is responsible for righting the error. This will include the error amount plus overhead transaction costs were incurred to KILLYOURSTEREO.COM. If this situation does occur you will be contacted by email and/or telephone with the details on what must be done by you.
KILLYOURSTEREO.COM purchases will include GST. The invoice KILLYOURSTEREO.COM mails to you will include GST.
9.1 KILLYOURSTEREO.COM endeavors to offer you competitive prices on current KILLYOURSTEREO.COM products. KILLYOURSTEREO.COM reserves the right to change prices for products displayed at the KILLYOURSTEREO.COM store at any time.
10. Product availability
10.1 Order lead time is the length of time it will take us to validate your credit card, assemble the right products and package your order. Shipping time is the length of time it will take for the package to travel from our warehouse to your shipping address.
10.2 We encourage you to contact the KILLYOURSTEREO.COM Store Sales Support team at firstname.lastname@example.org for order status information.
10.3 Given the popularity of some products, KILLYOURSTEREO.COM may restrict the number of such items that you may purchase. Any product limit restrictions will be posted on the KILLYOURSTEREO.COM Store web site. This information is subject to change.
11. Delivery of Your Products
11.1 KILLYOURSTEREO.COM uses Australia Post to deliver all orders. The cost of this shipping will be calculated at time of purchase.
11.2 We will not deliver any Products to any address outside Australia.
11.3 Order processing will not begin until we receive all the information we need and full payment for the order.
11.4 Orders placed on the weekend or on a Public holiday will not begin payment processing until the next business day.
11.5 Business days are Monday through Friday, excluding Victorian Public holidays.
11.6 Unless otherwise agreed by us, we will deliver your Products to the ‘ship to' address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier will leave a card requesting you to telephone and arrange a suitable time and date for delivery.
11.7 We will use our reasonable endeavours to deliver your Products to you within 7 working days of the date of issue of your Order Confirmation; however, we do not guarantee that we will deliver within this time frame. If we are unable to deliver your Products to you within 30 days of the date of issue of your Order Confirmation, you will have the option to cancel your order and receive a full refund.
11.8 KILLYOURSTEREO.COM is not responsible for any items "lost" in the mail. As soon as the products leave our warehouse they are in the custody of our courier Australia Post. If, for some reason there is a problem with your order please contact us at email@example.com and we will do our best to rectify the situation.
12. Your right to return the products
12.1 If you are unhappy with your received products for whatever reason (Wrong size, colour etc.) you may return it for exchange for an alternate item of the same value.
12.1.1 If an item is damaged or defective when you receive it, you may return it for the same item.
12.1.2 All returns must be made within 14 days from the ship date.
12.1.3 Items must be as new when sent back to us.
12.1.4 Any cost to you when sending the items back to KILLYOURSTEREO.COM will be reimbursed by way of a store credit.
13. Proof of Purchase
KILLYOURSTEREO.COM will send an Order Confirmation via email when it is placed. You will also receive an invoice in the mail with your order.
14. Other Terms and Conditions
14.1 KILLYOURSTEREO.COM is not responsible for typographic errors.
14.2 KILLYOURSTEREO.COM eserves the right to change the terms and conditions of sale at the KILLYOURSTEREO.COM Store at any time.
14.3 No KILLYOURSTEREO.COM employee or agent has the authority to vary any of the KILLYOURSTEREO.COM Store's policies or the terms and conditions governing any sale.
15. Our Liability
15.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and performance of the Services and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. Any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
15.2 Notwithstanding Condition 15.1, nothing in the Contract excludes, restricts or modifies any condition, warranty, right or liability implied into this Contract (including any condition, warranty, right or liability imposed by the Trade Practices Act 1974) where to do so is illegal or would render any provision of this Contract void.
15.3. Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence.
15.4. Subject to Conditions 15.2 and 15.3, we will not be liable under the Contract 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.
15.5 Subject to Conditions 15.2, 15.3 and 15.4, our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
16. Data Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, to inform you from time to time on other KILLYOURSTEREO.COM products and services that may be of interest to you. All customer personal information will be kept in an encrypted database and will not be forwarded on to any other parties.
17. Online Security
17.1 It is safe to use your credit card at KILLYOURSTEREO.COM's website.
17.2 All online transactions with us are handled with industry-standard SSL encryption.
When you enter your credit card number into the order form, it is transmitted across the Internet in an encrypted (scrambled) form, then decoded when it gets to us. Once your personal information reaches our server, there are multiple layers of security (including encryption of data) to keep your information safe. When you check out, you will see the Secure Server Icon on your web browser. From that point forward, all information you give us will be securely transmitted to us.
17.3 No credit card information is stored by KILLYOURSTEREO.COM.
17.4 You do not have to use your credit card.
We offfer several different modes of payment for people without credit cards and people that still feel unsafe reguarly using credit cards online.
For more information on these modes of payment please view 7. Payment Method.
18.1 The Contract will be governed by the law of Victoria . Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.
18.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
18.3 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
18.4 We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfil or otherwise discharge any of our obligations under the Contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.
19. Defined Terms
"Killyourstereo.com Website Site / Store" means our web site for customers in Australia located at http://www.killyourstereo.com;
"Condition" means a condition contained in these terms and conditions;
"Contract" means these terms and conditions together with your Order;
"Invoice" means the invoice issued by us to you showing the price of the Products and which is your proof of purchase;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form on the KILLYOURSTEREO.COM Store Web Site;
"Product" means any product listed on the KILLYOURSTEREO.COM Web Site which we agree to supply to you on these terms and conditions;
"Services" means any services relating to Products (including without limitation warranty and telephone support services) that we agree to supply to you on these terms and conditions;
"Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in Victoria.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. KILLYOURSTEREO.COM SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF KILLYOURSTEREO.COM CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE EXTENT POSSIBLE ANY CLAIMS UNDER SUCH IMPLIED WARRANTIES SHALL EXPIRE ON EXPIRATION OF THE WARRANTY PERIOD. NO KILLYOURSTEREO.COM EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY.TO THE MAXIMUM EXTENT PERMITTED BY LAW, KILLYOURSTEREO.COM IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING ANY COSTS OF RECOVERING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE KILLYOURSTEREO.COM PRODUCT, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. KILLYOURSTEREO.COM SPECIFICALLY DOES NOT REPRESENT THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA. FOR CONSUMERS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION.
END OF CONTRACT