Terms & Conditions of Use and Sale
Welcome to Spiritofonira.com.au. We provide access to the Spiritofonira.com.au website (the “website”) and sell our products to you subject to the conditions set out on this page.
Please read these conditions carefully before using the Spiritofonira.com.au website. By using the Spiritofonira.com.au website, you signify your agreement to be bound by these conditions.
Product Availability
We will make every reasonable effort to deliver the products you have ordered within a maximum of 10 days of the date of your order. If this is not possible, we will notify you and at your option agree a different delivery period or provide a substitute product of equivalent value. Alternatively, you may cancel your order in which case, if your payment card has been debited, we will refund you the purchase price.
On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorized.
The delivery times given are approximate and delays can sometimes occur.
Prices, Value Added Tax and Payments
Prices shown on Spiritofonira.com.au include GST, where and to the extent that GST is required to be applied to the product under Australian GST law.
Payment
All online orders received by Spiritofonira.com.au are processed by PAYPAL to ensure that you enjoy maximum security and peace of mind when making payments online.
Payment will be processed at the time of order. The name and billing address given must be the same as the registered name and address of the card holder. Failure to supply correct details may result in your order being delayed until you supply the correct details.
All product prices and delivery charges are shown in AUD. Your payment card company will perform any currency conversion.
Price Increases
Although we update our database on a regular basis,we reserve the right to increase prices without prior notification. Nevertheless the prices at the time of purchase are final and as stated.
We reserve the right to change prices listed without notice. All orders for products are subject to availability and Spiritofonira.com.au reserves the right to refuse to supply to any individual or company.
Pricing Errors
Although we make every effort to ensure the prices on the website are correct, mistakes may sometimes be made. If we discover a mistake in the price of the products you have ordered, we will tell you and give you the option of either reconfirming your order at the correct price or canceling your order. If we are unable to contact you or we receive no reply from you, we will cancel your order. If your order is canceled and you have already paid for the products you will receive a full refund.
Restrictions
Before placing an order you must be aged 18 years or over.
In some instances we may decline to deliver parcels to PO addresses. We will contact you if we consider the PO address to be a problem.
Order Acceptance and Confirmation
All orders will be accepted and processed unless you receive an email by us informing you the reasons why your order has not been accepted. Apart from that, all orders that go through the Spiritofonira.com.au website will automatically generate a Transaction ID number, which will be emailed to you along with an order summary.
Occasionally and for various reasons, payments do not go through our secure payment system.
However, an order summary might still be sent by email. This is for informational purposes only. No order has been placed and no transaction has been processed unless a valid Transaction ID number is included and payment has been received.
Spiritofonira.com.au reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Consolidating Orders & Multiple Deliveries
If items that will usually be dispatched within a week are ordered with items that are usually dispatched in a month the former may be held in order to be dispatched with the latter.
Items you order from Spiritofonira.com.au may sometimes be sent in more than one delivery, even if you’ve requested that you receive them all together. For example, you may receive multiple deliveries if your order contains an oversized item that needs to be dispatched separately. Regardless of the number of deliveries you receive, you’ll only be charged the amount that was originally quoted to you at the time you placed your order.
Delivery Charges
Delivery charges will be payable where and to the extent a delivery charge is required to be applied to a specific item or order. If we cancel your order a refund will be issued back to your card. For more information on delivery options, times and rates, please visit our Shipping and Returns pages
Customs
When ordering goods from Spiritofonira.com.au for delivery abroad (not in Australia) you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Spiritofonira.com.au, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Your Cancellation Rights
You may cancel your order within 24 hours of purchase by contacting us either by email quoting your order or Transaction ID number. We will refund you the cost of your unwanted products minus any charges applicable at the time.
No warranties
We can accept no liability implied or otherwise for any damage to person or property that might result during the use of a Cebulla Sax-Strap. All Products are sold to on an “as is” basis. To the extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations, whether express or implied, statutory or otherwise, in connection with a Product or its use (including, without limitation, our performance of these Terms and any warranty of merchantability or fitness for a particular purpose) are excluded.
Except as expressly stated on our website , we do not represent that a Product will work on or be compatible with any specific instrument or for any specific purpose. In particular no warranty is given in respect of the timeliness accuracy, completeness, currency or reliability of any of any Product we sell nor do we warrant that a Product will not adversely affect you, your performance or not cause other technical problems. We also do not warrant that your access to a Product will be continuous or fault-free.
Return of Faulty, Incorrect or Sub-standard Products
If the products you return are faulty or incorrect, we will refund you the cost of the products upon receipt of the purchased products to us. Please refer to ” Making Returns” below .
Making Returns
Products may be returned based on the following conditions:
– Notify us of the intention to return such products to us within 7 days of delivery by using the contact form on our site.
– Prepare and provide photographic evidence for verification purposes as requested.
– You will be notified via email if your claim has been accepted and you will be expected to return to us the products by post in accordance with the following procedure: Repackage the products securely and send the products together with the reason for return, the invoice number (or transaction ID number), your e-mail address or telephone number and instructions as to whether you would like a refund or a replacement.
– Returns by post are made at your risk. We recommend that you use an insured registered mail service as returns not received by us cannot be credited to you. Your return delivery charges will be refunded by us if the return is made in accordance with the conditions mentioned above.
All unwanted goods must be in re-saleable condition, in their original packaging,unopened and with any security seals still intact.
Refunds will be credited to your payment card or a cheque will be issued. Refunds will not be paid in cash.
Electronic communications
When you visit Spiritofonira.com.au or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Terms and Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Severability
If any part of these Terms and Conditions of Use & Sale is found to be unenforceable as a matter of law, the enforceability of any other part of these terms and conditions will not be affected.
Governing Law
These Terms and Conditions of Use & Sale and any contract between us shall be governed by and interpreted in accordance with Australian Law and the New South Wales Courts shall have jurisdiction over any disputes between us.
Statutory Rights
These Terms and Conditions of Use & Sale are in addition to your statutory rights as a consumer which remain unaffected.
The Contract Between Us
After you have confirmed your order we will send an email to you summarizing each order you have placed.
Contracts formed between Spiritofonira.com.au and users as a result of using this site shall be governed in all respects by Australian Law and all such users hereby submit to the non-exclusive jurisdiction of the New South Wales courts.
No contract will subsist between you and Spiritofonira.com.au for the sale of products by us to you until your credit/debit card has been charged. This will be deemed to be our acceptance of your offer and to have been effectively communicated to you. This is to be interpreted and enforced with the laws of Australia, in its entirety and will be subject to the jurisdiction of the New South Wales courts.
This disclaimer does not affect your statutory rights as a consumer.
Limitation of Liability to You
To the extent permitted by law, we are not responsible for any liability, loss or damage (whether direct, indirect, special or consequential) whatsoever and however arising from or in connection with your use of a Product(“Loss”), whether that liability, loss or damage was caused by delay, error or omission, negligence, negligent misstatement or otherwise. We will accept liability for breach of these Terms in accordance with the principles applied by the courts. However, we will not accept liability for any Loss where that Loss is caused by events outside our reasonable control (including but not limited to a malfunction in equipment or software error, Internet access difficulties or delay or failure of transmission).
If a warranty or condition implied by law cannot be excluded, our liability in relation to such a warranty or condition is limited, at our option, to either re-supply the Product or the purchase price for the Product.
Any claim by you against us under these Terms must be made within 7 Days from the date of the act or omission giving rise to the claim.
Your liability to Us
To the maximum extent permitted by law you agree to defend and indemnify us and our officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf or by third parties as a result of or in connection with your access or use of, or actions in reliance on our Products, your breach of these Terms or your negligence.
The seller does not accept liability for shortages in quantities delivered unless the buyer notifies the seller of any claim of short delivery of the goods within two working days of delivery. In such circumstances the seller’s liability shall be restricted to making good the shortfall.
Goods ‘Lost In Transit’
For deliveries to any address within Australia please allow 10 working days from the date of dispatch. If this time elapses and the goods have not arrived, you should contact your local post office to verify that no items are being held for you pending delivery. If your post office has confirmed that no packages are being held, please contact us immediately. If you wish replacement goods to be sent, you must contact us within 28 days of your order being dispatched. We will not send replacement items unless you have checked your local post office first.
For deliveries to any address outside Australia, please allow 28 working days from the date of dispatch (priority deliveries only). If this time elapses and the goods have not arrived, you should contact your local post office to verify that no items are being held for you pending delivery. If your post office has confirmed that no packages are being held, please contact us immediately. Replacement items only up to the value of $30 can be sent.
Complaints
We aim to provide outstanding customer service. If you have any complaint about the service you have received from us, please contact us.
Disclaimer
Spiritofonira.com.au and/or their respective suppliers make no representations or warranties about the accuracy, completeness or suitability for any purpose of:
– The information contained in the documents and related graphics published in this site; or any of the products of whatever nature details of which appear on this site.
– All such documents and related graphics are provided, and any such products (where ordered) are accepted by customers, “as is” and without warranty of any kind.
– All titles/products are ordered subject to availability and prices quoted are subject to change without notice due to circumstances beyond the control of Spiritofonira.com.au. Should a price change we will contact you by e-mail and ask if you wish to proceed. You will have no obligation to purchase the title(s)/product(s) at the new price quoted.
We reserve the right not to sell to trade customers for re-sale purposes.
Prices advertised online by Spiritofonira.com.au are valid only when purchasing items from Spiritofonira.com.au.
The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Spiritofonira.com.au howsoever arising for inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Any losses incurred or sustained by users who transmit information by means of e-mail or other Internet link shall be borne solely and exclusively by such user and in no event shall any such losses in whole or part by borne by Spiritofonira.com.au.
All brand names, product names and titles used in this site are trademarks or trade names of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights.
This disclaimer does not affect your statutory rights as a consumer.
Please note that some of our processes are manual and errors can arise. We carry out frequent checks to detect any errors. If they do occur, we will act immediately to minimise inconvenience and disappointment that may be caused.