Terms and Conditions | Southern Music

Southern Music Centre Pty Ltd. and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

Security Policy

Southern Music Centre Pty Ltd. uses the Shopify Payment Gateway for its online credit card transactions. Shopify processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the Shopify gateway are secured payments.

For further details regarding the Shopify Information Security Policy follow this link _ https://www.shopify.com/legal/privacy

Refund & Returns Policy

We are not required to provide a refund or replacement if you change your mind.
But you can choose a refund or exchange if an item has a major problem.
This is when the item:

has a problem that would have stopped someone from buying the item if they had known about it;
is unsafe;
is significantly different from the sample or description; or
doesn’t do what we said it would, or what you asked for and can’t be easily fixed.

If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.
Please keep your proof of purchase – e.g. your receipt. If in doubt, please refer to the ACCC website http://www.accc.gov.au/ for your rights as a consumer.
All warranties are minimum 12 months from date of sale except where specified in the product description.

Product & Service Pricing

Southern Music Centre Pty Ltd. reserve the right to change prices in store and on our website without notice.

Product Availability

In the event that an ordered item is not available or we are unable to fulfil your order we will arrange an agreeable alternative item, a backorder or a full refund.

Price Errors

All effort is made to have every item priced correctly. Should a product price be in error (for example: below our costs, obsolete, technical error on the webstore or point of sale) it is an honest mistake. In such circumstances where we have made an honest mistake, Southern Music Centre Pty Ltd. reserves the right to refuse a sale and refund in full your cart purchase and payment inclusive of ancillary bank charges.

Electronic Communications

When you visit Southern Music Centre Pty Ltd. online or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.

Trademarks

Southern Music Centre Pty Ltd.’s trademarks may not be used in connection with any product or service that is not Southern Music Centre Pty Ltd.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Southern Music Centre Pty Ltd. All other trademarks not owned by Southern Music Centre Pty Ltd. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Southern Music Centre Pty Ltd. or its subsidiaries.

License & Site Access

Southern Music Centre Pty Ltd. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Southern Music Centre Pty Ltd. This license does not include any resale or commercial use of this site or its contents any collection and use of any product listings, descriptions, or prices any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Southern Music Centre Pty Ltd. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Southern Music Centre Pty Ltd. and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilising Southern Music Centre Pty Ltd.’s name or trademarks without the express written consent of Southern Music Centre Pty Ltd. Any unauthorised use terminates the permission or license granted by Southern Music Centre Pty Ltd. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Southern Music Centre Pty Ltd. so long as the link does not portray Southern Music Centre Pty Ltd., its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Southern Music Centre Pty Ltd. logo or other proprietary graphic or trademark as part of the link without express written permission.

Property in Goods and Risk

You agree that the legal and equitable title to our products is retained by Southern Music Centre Pty Ltd. until Southern Music Centre Pty Ltd. receives payment in full from you for all the products and any other goods and services supplied to you by Southern Music Centre Pty Ltd. at any time whether or not any payment has been made for some of the products or other goods and services. Prior to title in the products passing to you, the Client:

holds the products as bailee and fiduciary agent of Southern Music Centre Pty Ltd.;
where you process the products, either by using the products to manufacture other products or by incorporating the Products in or with any other products, holds such part of the new products (Processed Products) on trust for Southern Music Centre Pty Ltd. as bailee and fiduciary agent of Southern Music Centre Pty Ltd.;
must store the Products and such part of the Processed Products separate from its own products and those of any other third party in such a way as to clearly indicate at all times that the Products and such part of the Processed Products are owned by Southern Music Centre Pty Ltd.; and
must ensure that, at all times, the Products and such part of the Processed Products are properly stored, protected, readily identifiable and insured.
The Client hereby agrees to accept this appointment as bailee and fiduciary agent of Southern Music Centre Pty Ltd.
You may sell or deal in the ordinary course of business with the Products and such part of the Processed Products provided that –

any such sale or dealing is at arms' length and on market terms; and
you hold the proceeds of any sale of or dealing in the Products and such part of the proceeds of any sale of or dealing in the Processed Products on trust for Southern Music Centre Pty Ltd. in a separate identifiable account as the beneficial property of Southern Music Centre Pty Ltd. and you must pay such amount to Southern Music Centre Pty Ltd. on demand.

For the purpose of this Clause, "such part" means an amount equal in dollar terms to the amount owing by you to Southern Music Centre Pty Ltd. at the time the Products are used in the manufacture of or incorporated into the Processed Products.
Notwithstanding any other provision to the contrary, Southern Music Centre Pty Ltd. reserves the following rights in relation to the Products until all amounts owed by you to Southern Music Centre Pty Ltd. in respect of the Products and all other products and Services supplied to you by Southern Music Centre Pty Ltd. at any time are fully paid:

legal and equitable ownership of the Products;
to retake possession of the Products;
to keep or resell any of the Products repossessed; and
any other rights and entitlements contained in the PPSA.

In the event of a breach of this contract by you including, without limitation, failure by you to make payment for the Products by the date specified by Southern Music Centre Pty Ltd. to you, you must return the Products to Southern Music Centre Pty Ltd. immediately on demand. If you do not return the Products to Southern Music Centre Pty Ltd. on demand Southern Music Centre Pty Ltd. shall be entitled (without further notice) to enter upon your premises at any time to do all things necessary to recover the Products.
You hereby grant full leave and irrevocable licence to Southern Music Centre Pty Ltd. and any person authorised by Southern Music Centre Pty Ltd. to enter upon any premises where the Products may for the time being be placed or stored for the purpose of retaking possession of the Products.
You agree that:

you shall be liable for all costs, losses, damages, expenses or any other sums of money incurred or suffered by Southern Music Centre Pty Ltd. (including consequential losses and damages) as a result of Southern Music Centre Pty Ltd. exercising its rights under this clause; and
you shall indemnify Southern Music Centre Pty Ltd. for all fees (including legal fees on a full indemnity basis), costs and expenses incurred or suffered as result of any and all prosecution, actions, demands, claims or proceedings brought by or against Southern Music Centre Pty Ltd. in connection with the retaking possession of the Products or the exercise by Southern Music Centre Pty Ltd. of its rights under this clause, and you shall repay all such fees, costs, losses, damages, expenses or any other sums of money on demand.

The parties agree that this creates a Security Interest for the purposes of the PPSA and that Southern Music Centre Pty Ltd. shall be entitled to register the Security Interest on the PPSR and you will not make any objection to such registration.
You irrevocably agree to assist with the prompt registration of the Security Interest, and agree to sign all PPSR registration forms and acknowledgements and reimburse all costs of Southern Music Centre Pty Ltd. in obtaining registration of the Security Interest.
It is agreed that the Security Interest applies to all products that have previously been supplied as well as to all present and after acquired products.
You agree that it will not make or register a Financing Change Statement as defined in section 10 of the PPSA or make or demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the Products without the prior written consent of Southern Music Centre Pty Ltd.
In this clause:
PPSA means the Personal Property Securities Act 2009;
PPSR means the Personal Property Securities Register;
Security Interest has the meaning as set out in section 12 of the PPSA;
Purchase Money Security Interest (and PMSI) has the meaning as set out in section 14 of the PPSA;
Financing Change Statement and Financing Statement have the meaning as set out in section 10 of the PPSA.

Implied Terms

The Client agree that all warranties expressed or implied by statute, common law, equity or trade custom or usage or otherwise howsoever are to the extent permitted by law excluded. Except only for those rights and remedies that the Client has in respect of the Products under the Competition and Consumer Act 2010 (the “CCA”), Fair Trading Act 1987 (SA), the Goods Act 1895 (SA), or the Sale of Goods (Vienna Convention) Act 1986 (SA) as amended, or any other similar Federal or State statute and which cannot be lawfully excluded, restricted or modified:

the Products are provided for use to you on an as is where is basis and all conditions and warranties, whether statutory or otherwise, are excluded in relation to the Products;
without limiting Clause 5(a) Southern Music Centre Pty Ltd. warrants that it will provide the Products with reasonable care and skill. Southern Music Centre Pty Ltd. makes no express or implied representation that the Products are fit for purpose or that the Products will not cause harm or injury whether direct or indirect to any person who uses or otherwise comes in contact with the Products whether directly or indirectly; and
Southern Music Centre Pty Ltd.is not liable to you for any loss whatsoever, including any damage, loss, claim, liability, cost or expense (whether direct or indirect, consequential or incidental) loss of profit, revenue, anticipated savings, contract, opportunity or goodwill (the ‘Loss”) which you suffer, incur or is liable for in connection with the use of the Products.

Limitation of Liability

Other than as provided for in these Terms and Conditions, Southern Music Centre Pty Ltd. shall not be liable to you whether in contract (including under any indemnity or warranty) in tort, including negligence and under statute, for any loss or damage, whether direct, indirect, secondary or consequential, whether or not reasonably foreseeable, reasonably contemplatable caused as a result of reliance by you or any third party on the Products or its results.

The provisions of this clause shall not apply insofar as their application is prevented by the CCA, and in particular section 64 of the Australian Consumer Law (“ACL”).
Where our Products are not of a kind ordinarily acquired for personal, domestic or household use or consumption our liability arising from consumer guarantees in the Completion and Consumer Act 2010, is limited, at our election, to either:

a) replacing the Products or supplying equivalent products; or
b) repairing the Products or agreeing to pay the cost of repair.

If Southern Music Centre Pty Ltd. shall be held to be liable to you in contract including under any indemnity or warranty, in tort (including negligence), under statute or otherwise for any loss or damage, cost or expense whatsoever and howsoever arising in connection with these Terms and Conditions, such liability shall be limited to and shall not exceed the aggregate total of the amount actually paid by you to Southern Music Centre Pty Ltd. (and received by Southern Music Centre Pty Ltd.) pursuant to these Terms and Conditions.
Southern Music Centre Pty Ltd. shall not be liable for any delay in performing an obligation if such delay is caused by circumstances beyond its reasonable control and Southern Music Centre Pty Ltd. shall not be liable for and shall have no responsibility in respect of the acts, omissions or defaults of its sub- contractors and third party products and any action against Southern Music Centre Pty Ltd. in connection with these Terms and Conditions must be commenced within eighteen (18) calendar months of the cause of action arising.
If you have not advised Southern Music Centre Pty Ltd. of any issue with any order delivered within 7 days, Southern Music Centre Pty Ltd. will have no liability for any loss or damage by reasons of incomplete numbers or otherwise.
In the case of a breach of these Terms and Conditions or any negligence which Southern Music Centre Pty Ltd. is responsible or a breach of condition or warranty that prohibits Southern Music Centre Pty Ltd. from exclusion (which condition or warranty shall be included in these Terms and Conditions) Southern Music Centre Pty Ltd.’s liability to the Owner shall be limited, at its option to: -

a) if the breach relates to Products, to either the replacement of any Products involved or the supply of equivalent products, the repair of such Products, the repayment of the cost of replacing the Products or acquiring equivalent products or the payment of the cost of having the Products repaired; and
b) if the breach relates to services, supplying the service again or the payment of the cost of having the services supplied again.

Southern Music Centre Pty Ltd. will not be liable to the final consumer or to you where the Products do not meet the consumer guarantees in the CCA:

a) due to an act, default or omission of, or representation made by any person other than us or by one of our employees or agents;
b) due to a cause independent of human control that occurs after the Products have left our control;
c) due to you charging a higher price than the recommended retail price for the Products in question;
d) In relation to our guarantee of acceptable quality, where the final consumer was aware of, or ought reasonably to have been aware of the flaw in the Products at the time of purchase.

Your Membership Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Southern Music Centre Pty Ltd. and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Product Descriptions

Southern Music Centre Pty Ltd. and its associates attempt to be as accurate as possible. However, Southern Music Centre Pty Ltd. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Southern Music Centre Pty Ltd. itself is not as described, your sole remedy is to return it in unused condition.

Disclaimer of Warranties & Limitation of Liability

THIS SITE IS PROVIDED BY SOUTHERN MUSIC CENTRE PTY LTD. ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOUTHERN MUSIC CENTRE PTY LTD. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOUTHERN MUSIC CENTRE PTY LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOUTHERN MUSIC CENTRE PTY LTD. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SOUTHERN MUSIC CENTRE PTY LTD. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOUTHERN MUSIC CENTRE PTY LTD. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Site Policies, Modification & Severability

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Southern Music Centre Pty Ltd. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.