Terms & Conditions
There’s a fair amount of legal jargon and mumbo-jumbo here (because we have to!), but long story short, we pride ourselves on offering great products and great, hassle-free service. Please email us at firstname.lastname@example.org and we will endeavour to resolve any issues with our website, orders or products as quickly and painlessly as possible, and we’ll never disclose, share, sell or use your personal information, other than to improve our service to you.
This Website is operated by Peerless Music ABN: 83862075799 (“we”, “us”, “our”).
These Terms comprise the entire agreement between us and you in relation to the ordering, purchase, fulfilment and delivery of goods from Website peerlessmusic.com.au and create a binding legal contract between you and us.
Please read the Terms carefully before placing your Order with us as these Terms contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
The following apply to these Terms.
Business Days means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the Order form on the Website, excluding PO Boxes.
Delivery Agent means any nominated third party delivery or shipping company for us.
Delivery Fee means the fees charged to us by the Delivery Agent for the delivery of Goods in accordance with clause 7, and include any Additional Delivery Charge or International Delivery Charges (as defined in clause 7).
Goods means the items offered for sale, described or displayed on the Website.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from the Website in accordance with these Terms.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website.
Returns Policy means our returns policy, contain in clause 9.
Terms means these terms and conditions, as amended from time to time.
Website means Website.
Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms.
“You or your” means you as the purchaser of Goods from the Website pursuant to these Terms.
- Compliance with Terms
You agree to be bound by these Terms and Conditions when you submit an Order, including those additional terms and conditions and policies referred to herein and/or available by hyperlink.
Each Order you place will be a separate and binding agreement between you and us with respect to the supply of Goods, in accordance with these Terms.
If you do not accept these Terms, you must not place an Order.
- Placing an Order
An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods from us for the Price (plus any Delivery Fee) at the time you submit an Order.
You acknowledge and agree that Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use.
By completing an Order form, you agree to provide complete and accurate information as to your personal details to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order.
We will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you due to inaccurate or incomplete personal details provided in respect of an Order by you.
Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made unless made in agreement with us or otherwise in accordance with these Terms.
Consecutive or separate Orders for Goods may not necessarily be consolidated into one and a separate Delivery Fee may apply to each Order.
We reserve the right to accept or reject your Order for any reason at any time.
When we accept an Order, it represents an agreement by us to supply you the Goods in accordance with the Order and these Terms.
In the event that we reject an Order, we will:
(a) attempt to notify you using the contact details you provided during the Order process and will not be liable to you for your loss or that of any third party for the rejection of an Order; and
(b) Where you have made payment for the Goods subject to the rejected Order, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days.
We will not be liable to you for your loss or that of any third party for the rejection of an Order.
- Price, Payment & GST
Price and Payment
The Price in respect of a Good is specified on the Website.
Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of GST.
We reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the below will apply).
In respect of any Order, we will charge you and you agree to pay the Price and the Delivery Fee for the Goods which are the subject of that Order.
You can pay for your Goods by any of the methods specified on the electronic Order form on the Website.
Peerless Music accepts direct deposit and Paypal as payment methods. This allows you to pay by credit card, debit card or your bank account. Please note that you do not need to be a Paypal member in order to shop at Peerless Music. The payment can be handled via the Paypal system whether you are a member or not. Please ensure you have enough funds to cover your purchase. If there are insufficient funds, your payment will be rejected and your order cancelled. If you prefer, we also accept direct deposit (our bank details are supplied during the check out process). Please note that your order will not be shipped until the funds have been cleared.
Payment in respect of an Order must be cleared before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected.
You will receive a tax Invoice by email once payment in respect of your Order has been processed.
In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
You acknowledge and agree that if the sale Price is GST exclusive, GST will be calculated on and added to the sale Price and payable by you at the same time as the sale Price.
- Availability of Goods
You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, we will use reasonable endeavours to either source the Goods, or contact you within five (5) Business Days to either arrange a full or partial refund, or change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you, or come to an alternative arrangement. Where a comparable product or alternative arrangement cannot be agreed upon, then we will refund you the Price paid for the Goods and your Order will be cancelled. We will use reasonable endeavours to process the refund within five (5) Business Days.
We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice.
Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that Good within five (5) Business Days.
Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error and, if applicable, we will proceed to fulfil the remainder of your Order in accordance with these Terms. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Returns Policy.
We will not be liable with respect to any loss you or any third party might suffer as a result of any delay in processing any refund under these Terms.
You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are for illustrative purposes only;
(b) you have read and understood the written description of the Goods prior to submitting your Order for those Goods;
(c) the colour of Goods as shown on the Website may vary slightly in shade in real life;
(d) where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order and capable of delivery to your Delivery Address due to sufficient, appropriate and safe access; and
(e) any accessory featured with the Goods is for illustration purposes only, and may be sold separately.
We use Delivery Agents to deliver Goods purchased by you from the Website.
You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
Goods will generally only be delivered to addresses within Australia.
We may, in our absolute discretion, agree to accept Orders for delivery outside Australia but we are under no obligation to do so.
International Customs Charges
Should we agree to accept Orders for delivery outside Australia, some orders may incur a customs or import duty charge. We do not have any control over these charges or are unable to advise what they will be, as it is based on your own countries regulations & compliances. For further information, please contact your local customs office.
All Customs, duty, import charges etc are the sole responsibility of the customer and are to be paid by the customer on delivery. Orders can’t be returned to sender and Peerless Music is not liable and will not pay these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and Peerless Music will not be held responsible for any loss of funds as a result of this occurrence. We will not mark International orders as a gift in order to bypass or reduce any customs fees as this is an illegal practice.
Prices are subject to change without notice.
All orders are charged in Australian Dollars.
For international orders, there may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. Non-Australian currency figures are all approximations based on an exchange rate, and any currency exchange fees charged by Paypal, Banks or any other third party are the responsibility of the customer.
Subject to the following paragraph, Delivery Fees will appear in your shopping cart.
You may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). Such charges may apply even where the Goods shown on the Website as having “free delivery”, “free freight” or something similar.
If we agree to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
Where you purchase Goods that attract both an Additional Delivery Charge you authorise us to make such deductions from your nominated method of payment.
There may be an increase in the Delivery Fee payable by you in relation to an Order if:
(a) your Order is split and requires multiple deliveries due to:
(b) the quantity or size of the Goods in your Order being large such that we will be required to package Goods separately; or
(c) delivery of your Order otherwise incurs additional charges.
We will notify you of any change to the Delivery Fee for your Order or the inclusion of an Additional Delivery Charge, and if you do not wish to continue with your Order, you may cancel your Order. We will refund any money paid to us in respect of your Order and make reasonable endeavours to process a refund of any money paid to us within five (5) Business Days.
Delivery Time Frames
For Orders to be delivered in Australia, please allow 3-7 Business Days from dispatch for metro delivery and 7-15 Business Days for regional area delivery. Remote deliveries are subject to local transport schedules and may take longer .
For custom made Goods, please contact us at email@example.com for further information and an estimated time for manufacture and delivery.
Where an Order is to be delivered outside Australia, delivery is likely to take between 2-4 weeks by air mail.
We cannot guarantee that split Orders will be delivered on the same day.
You acknowledge and agree that notwithstanding anything else in this clause:
(a) we cannot guarantee that delivery will occur in the delivery time frames specified;
(b) delivery time frames may change from time to time due to unforeseen circumstances; and
(c) we are not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
General terms for delivery
Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative’s instructions as if they were your own.
On delivery, the Delivery Agent may require you or your nominated representative to provide them with proof of identity, such as photo identification. Where delivery cannot take place due to insufficient identification, a calling card will be left for you to collect the Goods from a local Delivery Agent office . It is your responsibility to follow the instructions stated on the calling card.
You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay any associated fees for redelivery.
If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a local Delivery Agent office. It is your responsibility to follow the instructions stated on the calling card.
Where you do not collect your Goods from the Delivery Agent’s office within 10 days of a failed delivery, you must email us at firstname.lastname@example.org for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
Upon delivery, you must inspect and test your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact email us at email@example.com. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If parts of Goods are missing you can return the Order in accordance with the Returns Policy. If Goods are missing from your Order, you may return the Order in accordance with the Returns Policy. You must let us know about any damaged, missing and incorrect Goods as soon as possible. You can otherwise return Goods in accordance with the our Returns Policy.
Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any returns due to you changing your mind about your purchase will attract a redelivery fee.
Where redelivery is required because access issues or limitations for making delivery, you may be required to pay any associated fees for redelivery.
You acknowledge that you will be available to accept delivery of Goods subject to your Order at the address you have specified. If you are not available and redelivery is required, a calling card will be left for you to arrange redelivery. Where redelivery is required due to the fact you were not available, you consent to paying any associated fees for redelivery as required by the Delivery Agent.
Orders are not available for pickup unless agreed to by us..
Insurance and express delivery is not available in respect of your Order.
- Risk and Title
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
- Cancellations and Returns Policy
Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms. You will, however, be able to return Goods in accordance with our Returns Policy (as contained in this clause 9)
The Australian Consumer Law protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the Law requires that goods must be free of defects and do what they are meant to do and services must be carried out with care and skill. These rights, which the Law says automatically apply whenever goods or services are supplied to a consumer, are called “Consumer Guarantees”.
This Law says that these rights cannot be excluded. You are entitled to a replacement or refund for a “major failure” if the Goods fail to be of acceptable quality. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a “major failure”.
To obtain a refund or any other remedy you will be required to provide the original proof of purchase or invoice and, for faulty Goods, we will need to be satisfied that the problem with the Goods was not your fault.
Rejected or cancelled Orders
Where we reject or cancel your Order under these Terms, we will refund the Price of the Goods to you in accordance with these Terms. We will use reasonable endeavours to process your refund within five (5) Business Days.
Change of mind
We will accept change of mind returns for a Good purchased through the Website subject to the following conditions:
(a) the Good must be returned within 14 days of receipt with original proof of purchase or invoice .
(b) the Good is in original, unused and re-saleable condition (i.e. the Good is in its original, undamaged packaging (if any), unused and as sold);
(c) the Good is not a custom made, special order or altered Good;
(d) you are responsible for any costs associated with returning the Good to us;
(e) if you request an exchange, you must pay us any costs associated with us delivering the exchange Good to you and, if the exchange Good is of a higher value than the returned Good, you must also pay us the difference in Price. Your exchange item will be shipped once you have paid for these costs and we have received the return Good back and confirmed that it meets the above conditions.
(f) if you request a refund, the Price (excluding Delivery Fees) will be refunded to you (by us crediting your original payment method) once we have received the return item back and confirmed that it meets the above conditions. We will use reasonable endeavours to process your refund within five (5) Business Days.
Faulty Goods Returns
In addition to any obligation that we may have under the Australian Consumer Law, we warrant that for 30 days after sale the Goods:
(a) are of acceptable quality;
(b) are fit for the purpose for which goods of that type are ordinarily used; and
(c) match the description of them on the Website (other than minor differences, as specified in clause 6 (Availability of Goods)),
If you wish to return a Good because it:
(a) does not match the description of the item on the Website (other than minor differences, as specified in clause 6 (Availability of Goods)); or
(b) is faulty,
you must contact us using the contact details specified below within 30 days of the sale, providing full details of the sale and the reason for return. We will email you a returns advice form (stating, amongst other things, the address to which the item must be sent) which must be included with the returned item.
If we email you a returns advice form and we do not receive a response from you or receive the returned item from you within 10 Business Days, you will not be entitled to reject the Good subject to any rights you may have under the Australian Consumer Law.
Within the first 10 Business Days of us receiving a returned Good, the Good will be inspected and tested to determine its condition and, if the Good is found to be in good working order (and your claim as to the faulty nature of the item is reasonably determined by us to be invalid), the Good will be returned to you and you will be charged all freight charges incurred by us in relation to the return and re-return of the Goods. We may charge your credit card with any money incurred by us as a result of this process.
Subject to our obligations under the Australian Consumer Law, if, when we receive a returned item, we determine that the item is faulty or damaged or incorrectly described or does not meet a Consumer Guarantee, we will, use all reasonable endeavours to within 21 days, at our option either replace or repair your goods (where possible) or pay the full amount of the refund to which you are entitled.
The benefits of any warranty provided to you under this clause 9 are provided in addition to any other rights or remedies that you may have under any law in relation to the item to which this clause 9 relates.
As part of a consumer sale, our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Payment of Refunds
It is a condition of Visa, MasterCard, Maestro and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. We are required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
Please email us at firstname.lastname@example.org if you have purchased a Good from the Website and the Good is faulty, or you wish to return it for any other reason.
- Customer Warranties
You represent and warrant to us that:
(a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient to provide their Personal Information to us;
(b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
(c) In placing your Order, you have read and agree to these Terms; and
(d) Complied with all Laws.
- Limitation of Liability
Subject to any rights you have under any consumer protection law and to the fullest extent permitted by Law, we:
(a) will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms; and
(b) Exclude all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. You are entitled to certain rights under consumer protection law that cannot be excluded.
Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
Unless specified to the contrary, we do not make any express warranties with respect to Goods sold on the Website.
We reserve the right to, at our discretion, terminate these Terms and your access to and use of the Website:
(a) For convenience, at any time, upon provision of notice to you;
(i) if we reasonably believe that you have breached these Terms, and that breach is not capable of remedy; or
(ii) If you have been provided with notice of the breach, and you have failed to remedy that breach within 7 days (where the breach is able to be remedied).
- Website Terms
For the terms and conditions of access and use of the Website, please refer our Website Terms, which forms part of these Terms.
- Security of Information
Unfortunately, data transmissions over the internet cannot be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information
- Amendments to Terms
We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon their being posted on this page on this Website. Although we will endeavour to notify members of changes to these Terms, it is your responsibility to regularly check this page for any changes. Your continued use of the Website will amount to an agreement by you to be bound by the Terms as amended from time to time.
- Governing Law
These Terms are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
A failure or delay by us to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by us not prelude its future exercise or the exercise of any power or right. If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will be waived on any other occasion.
If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.