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Conditions of Use
Conditions of Use
This document explains our position and specific conditions regarding your use of our internet or "web" sites (collectively, "site" or "sites"). By using this site, you agree to be bound by our Conditions of Use,Legal Notices ,and Privacy Policy (collectively, "notices and policies"), in addition to other terms and conditions that may appear throughout our sites.
- Limitation of Liability
- Intended for Users Over 13 Years of Age
- Information, Articles and Advice
- Product Display and Colours
- Errors on Site
- Pricing
- Sales Tax
- Paying for Your Order
- Validating Your Order
- Order Acceptance/Confirmation
- Return Policy
- Order Limitations/Limited Quantities
- Shipping
- Indemnity
- Disputes
- Termination of Site Use
- Contact Us
References to "www.simplyheadsets.com.au" in this document means Simply Headsets, its affiliates, subsidiaries, divisions and operational designees, and the site owner, Simply Headsets Pty Ltd.
www.simplyheadsets.com.au reserves the right to make changes to this site and its notices and policies at any time. Each time you use this site, you should visit and review the then-current notices and policies that apply to your transactions and use of this site. If you do not agree to be bound by the then-current notices and polices, your sole remedy is not to use this site. www.simplyheadsets.com.au is not responsible for typographical or photographic errors on this site (see Product Display and Colours and Errors on Site for more information).
DISCLAIMER OF WARRANTIES
You expressly agree that your use of this site is at your sole risk. This site is provided on an "as is" and "as available" basis. www.simplyheadsets.com.au and its officers, directors and employees, as well as its third-party agents, contractors, distributors, merchants or sponsors (collectively, "third parties"), can not and do not warrant that your use of this site will be uninterrupted, secure, or error-free. Neither www.simplyheadsets.com.au nor its third parties have any responsibility for your action or inaction in connection with this site or for any damage to your computer or data or any other damage you may incur in connection with your use of this site. Neither www.simplyheadsets.com.au nor its third parties warrant the accuracy, integrity or completeness of the content provided on this site nor the products or services offered for sale on this site. www.simplyheadsets.com.au and its third parties specifically disclaim all warranties, whether express or implied, including warranties of title, merchantability, and fitness for a particular purpose, title and non-infringement. No oral or written information or advice given by www.simplyheadsets.com.au or its third parties shall create a warranty, except where the exclusion or limitation of certain warranties is prohibited by law.
LIMITATION OF LIABILITY
Under no circumstances shall www.simplyheadsets.com.au or its third parties be liable for any direct, indirect, incidental, special or consequential damages that result from your use or inability to use this site, including your reliance on any information obtained from this site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operating or transmissions, or any failure of performance. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorised representative of www.simplyheadsets.com.au has been advised of or should have knowledge of the possibility of such damages. By your use of this site, you acknowledge that this paragraph shall apply to all content, merchandise and services available through this site, except where the exclusion or limitation of incidental or consequential damages is prohibited by law. Some jurisdictions do not allow the exclusion of certain warranties or limitation of damages for incidental or consequential damages, so the foregoing limitations may not apply. In any event, under no circumstances will www.simplyheadsets.com.au be liable to you for any amount exceeding one thousand australian dollars ($1,000.00).
see legal notices for more information.
INTENDED FOR USERS OVER 13 YEARS OF AGE
The safety of children is very important to us. Although this Site is intended for use by persons at least 13 years of age, and we have processes in place to help prevent participation in our Site communities and services by persons under 13 years of age at time of registration, www.simplyheadsets.com.au can not prohibit minors from visiting our Sites and must rely on parents and guardians (at least 18 years of age at time of use) to decide which materials are appropriate for children under 13. www.simplyheadsets.com.au will not knowingly collect personal information from children. Please see our Privacy Policy for more information.
LIMITATIONS REGARDING INFORMATION, ARTICLES AND ADVICE
www.simplyheadsets.com.au offers articles, information, and advice through this Site for educational purposes only. Any information offered through this Site is not intended as definitive, and is not a substitute for information provided by authorised product technicians. Definitive product information can be obtained with a free quote.
PRODUCT DISPLAY AND COLOURS
This Site attempts to display product images as accurately as possible. However, we can not guarantee that the colour you see matches the product colour. Note that the display of colour may depend, in part, upon the monitor you are using.
ERRORS ON SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and www.simplyheadsets.com.au reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, www.simplyheadsets.com.au will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account. (If you are not fully satisfied with your purchase, you may return it in accordance with www.simplyheadsets.com.au's Return Policy.)
PRICING
Online prices, offers and selection may vary between our retail stores and Sites, and are subject to change. We reserve the right to limit sales, including the right to refuse sales, to resellers.
Because www.simplyheadsets.com.au does business throughout Australia and collects and remits Goods and Services Tax (G.S.T) as required by law, this Site also collects and remits GST as appropriate.
You may pay for your order with a debit card or major credit card, by using PayPal®. We accept Visa®, MasterCard®, and American Express®. See below for more information regarding PayPal.
Generally, credit/debit cards are not charged by www.simplyheadsets.com.au until we either ship the order to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or freight charges). However, we may pre-authorize your order amount with your credit/debit card issuer at the time you place the order, which may have an effect on your available credit.
Orders paid for using PayPal will be debited at the time orders are placed. When using PayPal as your payment method, payment processing and how your credit/debit card is charged is at the sole discretion of PayPal.
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment and/or shipping address. We reserve the right to reject any order you place with us and/or limit quantities on any order, without giving a reason. If we reject your order, we will attempt to notify you using the email address you have provided with the order. Generally, your credit/debit card will not be charged if we reject an order; however, we will process a refund if a charge has been made against your card.
ORDER ACCEPTANCE/CONFIRMATION
Your receipt of an electronic or other form of order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. www.simplyheadsets.com.au reserves the right at any time after receipt of your order to accept or decline your order for any reason.
RETURN POLICY
All sales made through this Site are subject to www.simplyheadsets.com.au's Return Policy.
ORDER LIMITATIONS/LIMITED QUANTITIES
www.simplyheadsets.com.au may, at is sole discretion, limit or cancel quantities purchased per person, per household, or per order. Restrictions may include orders placed by the same Site account, the same credit/debit card, and orders that use the same billing and/or shipping address. In the event we make a change to your order, we will attempt to notify you by the email and/or billing address provided with your order. www.simplyheadsets.com.au reserves the right to limit or prohibit sales to dealers.
SHIPPING
All orders placed on this Site are subject to product availability and will be shipped according to our Site shipping terms. In the rare event that your order never arrives, we must receive notification of lost items via email and/or phone (as provided in our shipping terms) within sixty (60) days of receipt of the shipping confirmation email.
INDEMNITY
You agree to indemnify and hold www.simplyheadsets.com.au and its officers, agents, employees and other partners and Third Parties harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any other third party due to or arising out of your use of this Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site. See also Legal Notices.
DISPUTES
This Site is operated by www.simplyheadsets.com.au, with offices in Australia. If there is any dispute regarding this Site, by using this Site, you agree that the dispute will be governed by the laws of the State of Victoria without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts of the State of Victoria.
TERMINATION OF SITE USE
www.simplyheadsets.com.au, in its sole discretion, may terminate your retail account, membership registration, or similar uses of this Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to your termination. www.simplyheadsets.com.au reserves the right to change, suspend, or discontinue all or any aspects of this Site at any time, without prior notice. Upon termination, you will have no account or similar Site membership rights to the Site. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. www.simplyheadsets.com.au may provide notice of termination by regular mail or email.
Alleging Copyright Infringement
If you suspect copyright infringement on our Site, use the following instructions to let us know. We will respond to notices of alleged infringement. Send us written notice by fax or regular mail. To expedite our process, please use the following format:
- Describe the material you believe has been infringed. For example, "The copyrighted work of concern is the picture at ___ " (include the specific Internet address or URL if applicable) and include any relevant proprietary registration information.
- Describe the material that you claim is infringing the work you identified in #1 above. Details are important.
- Tell us how to contact you (include email address).
- Tell us how to contact the user(s) who posted the material you believe infringes your work (include email address).
- State the following: "I believe, in good faith, that use of the copyrighted material described above is not authorised by the copyright owner or its authorised representative. I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge, and that I am the copyright owner or authorised to act on behalf of the copyright owner of the exclusive right allegedly infringed."
- Be sure to sign your written notice to us.
- Mail your written notice to www.simplyheadsets.com.au, Attention: Online Customer Relations, Suite 2, 284 St Kilda Rd, ST KILDA , VICTORIA, 3182.
CONTACT US
If you have questions about our Conditions of Use, Legal Notices or Privacy Policy, you may contact us by:
1. E-mail: [email protected]
2. Regular Mail:
www.simplyheadsets.com.au
Attn: Customer Service
2/284 St Kilda Rd
Victoria, 3182
3. Phone:
Toll-free: 1300 889 728
8:30-5:30 Monday to Friday Eastern Standard Time
CHANGES/UPDATES TO NOTICES AND POLICIES
Because our Site and stores will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and www.simplyheadsets.com.au as you use our Site and supersedes all prior understandings or agreements, written or oral, in this regard.
Revised January 12, 2010