1.Supply of Products
1.1 Sounds Easy only provides Products within Australia.
2.1 You may Order Products by completing the order form on the Sounds Easy web site and clicking the 'Complete order' button, by phone or in person.
2.2 Your Order is an offer to purchase Products on these terms. If Sounds Easy accepts your offer, Sounds Easy will confirm your Order by email for web site purchases or by phone (Confirmation).
2.3 Product information on the Sounds Easy web site (including prices) is an invitation to treat only, not an offer to supply by Sounds Easy.
2.4 If payment is made by credit card, we may need to verify that you are either the owner of the card or are authorised to use the card. This involves processing a transaction for a small amount to the credit card which will appear (usually instantly) in your online banking as a “pre authorisation”.This amount will not be captured from your card, and will disappear as a transaction from your account in around 7 days time. It is only used as a form of verification. Information will be emailed to you if required.
3.1 Subject to these terms and receipt of payment, Sounds Easy will supply you the Products specified in a Confirmation. Where multiple Products are Ordered, Sounds Easy may deliver the Products separately at different times.
3.2 Sounds Easy will notify you via email on Products being shipped if you provide your email address.
3.3 Any shipping time given is an estimate only. Sounds Easy is not liable for any delays in delivery.
4.Prices and payment
4.1 Sounds Easy may vary prices for Products at any time prior to Confirmation of an Order.
4.2 You may pay for Products Ordered via any method specified on the Sounds Easy web site from time to time.
4.3 All prices are in Australian dollars (inclusive of GST) and Products must be paid for in Australian dollars. Foreign credit cards are not accepted.
5.Title and risk
5.1 Title (other than software) and risk in any Products supplied to you passes to you at the time of delivery.
6.1 Any software Products are provided subject to the applicable licence agreements (which are provided to you with the software Products).
7.Refunds and returns
7.1 You must choose your Products carefully. Sounds Easy is not under any obligation to refund or exchange Products if you change your mind or choose the wrong Product (including in the case of incompatibility).
Unopened items may be returned to Sounds Easy for a refund or store credit at our discretion within 30 days of receipt of goods however our original shipping costs to you and any credit card or Paypal fees incurred will be deducted from the refunded amount. If we choose to accept opened/used goods, a restocking fee will be charged.
7.2 Sounds Easy will refund or exchange Products:
7.2.1 which do not correspond with their description;
7.2.2 not of merchantable quality; or
7.2.3 not fit for their disclosed purpose,
which are returned in the condition in which they were supplied with the receipt within 7 days after receipt of goods.
7.3 You must retain your receipt as proof of purchase to refund or exchange a Product.
7.4 The customer is responsible for costs associated with shipping goods back to us.
7.5 If returning goods, please pack items carefully as Sounds Easy is not liable for any goods damaged in transit. Please consider using a shipping method with tracking and insurance as Sounds Easy is not liable for goods lost in transit.
7.6 Cancelling a transaction
If you wish to cancel a transaction prior to your order being dispatched, please contact us via our "Contact Us" page or by sending an email to email@example.com
8.1 Sounds Easy may cancel an Order or part of an Order where Products become unavailable, by notice to you, and will refund the purchase price paid by you.
9.Exclusion of terms
9.1 Except for those terms that cannot by law be excluded, all terms other than those expressly contained in the Agreement are excluded.
10.Third party warranties
10.1 Any Product warranties are provided by the supplier or manufacturer of the Product. Any claims under such warranties should be directly to the supplier or manufacturer in question.
11.1 Subject to clause 11.2:
11.1.1 Sounds Easy's liability arising out of the Agreement is limited to the amount paid for the Product in question; and
11.1.2 in no event will Sounds Easy be liable to you (whether in contract, tort (including negligence) or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit (whether consequential, special, incidental or indirect) that may arise under the Agreement.
11.2 Nothing in the Agreement excludes, restricts or modifies any term of the Trade Practices Act 1974 where to do so would result in a term of the Agreement being illegal or void.
13.1 These terms may be varied at any time by Sounds Easy placing the amended terms on the Sounds Easy web site.
13.2 The Agreement is governed by and must be construed in accordance with the laws of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and all courts which have jurisdiction to hear appeals from those courts.
14.1 In these terms
Agreement means these terms and an Order;
Order means an order placed by you in accordance with these terms;
Products means products available for sale on the Sounds Easy web site; and
Sounds Easy means Sounds Easy Pty Limited ABN 42 114 060 892 of Suite G05, 15 Atchison Street, St Leonards, New South Wales.
14.2 To the extent of any inconsistency between these terms and any Order, these terms prevail.