Terms and Conditions
Terms & Conditions
These terms apply to Ordering, purchase and delivery of Goods from the Website and through our Customer Service Team and form a contract between you and Kosmic Sound (“we”) trading as Dale Cleves Music Pty Ltd ABN 90 007 894 046 of 87 Winston Avenue, Daw Park, South Australia 5041. You agree that these Terms (as amended from time to time) will apply to all of your Orders.
These terms contain important information about the Ordering, processing and delivery of Goods, including limitation of liability.
If you have any questions, please contact our Customer Service Team on 1300 567 642 (KOSMIC) or via our Contact Us page and we will be happy to assist you.
- Placing Orders for Goods
- If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one order.
- Kosmic Sound will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
- To the extent permitted by Law, Kosmic Sound will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
- Price and Payment
- When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
- All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
- Komsic Sound reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case the order will be cancelled).
- Recommended Retail Price (RRP) is the price given by our suppliers at the time of stocking. We often sell products at less than the RRP.
- We do not guarantee to match our website prices on products for sale on our shop floor. This is due to the cost of receiving, handling, storing and displaying products, as well as allowing you to physically try and test the product before purchase.
- Payment methods are specified on the Website or told to you at the time you place your Order. They include credit card with eWay and payment through your online PayPal account. The name on any credit card used for payment must match the name of the Order. Cheques cannot be used as a payment method for any purchases from Kosmic Sound, including Orders.
- Please note for any purchases of significant amounts using credit card details via eWay, we will contact you for further identification proof and security checks before we are able to dispatch the Goods. We reserve the right to cancel the Order and issue a refund if we cannot complete the security checks satisfactorily.
- In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened by any Law.
- All online payments are processed using industry-standard SSL 256bit encryption with Geotrust True BusinessID and extended validation. We use eWay, a leading Australian payment gateway which is a Payment Card Industry Data Security Standard accredited organisation. Credit card information is not stored on our website, nor is it able to be viewed in full when processed through eWay. We will never ask you to email your credit card details.
- Dispatch and Shipping Addresses
- We value prompt delivery service. For all items showing as SHIPS IN 24 HOURS, we will endeavour to ensure dispatch by the next business day, please note this will be the next business day following successful completion of any order verification. For all SHIPS IN 7 DAYS items we will work with our suppliers to facilitate the quickest delivery windows. In the event that the item is temporarily out of stock and we need to order it, we will inform you promptly via email of the expected waiting time.
- SHIPS IN 7 DAYS, relies on stock at our supplier warehouse or alternative warehouses.
- If a product is out of stock for a long period of time or no longer available after payment has been made, we will either offer to provide an equal or like item to be taken in lieu of the product, or will promptly refund your money.
- Orders will be dispatched by general interstate freight carriers or a local carrier, and are covered by the standard level of Freight Insurance for each service. To arrange a higher Insurance cover please contact us directly on 1300 567 642 (KOSMIC). Orders not sent via piano carrier include a Tracking Number emailed to your specified email address on dispatch. Please allow up to two (2) business days for dispatch unless the product is temporarily out of stock. It is your responsibility to supply us with your correct shipping address. Items cannot be sent to PO Box addresses. Please contact us if you haven’t received your Order after seven (7) business days from dispatch. We will work with you to resolve the matter as quickly and satisfactorily as possible.
- We ask you for a valid shipping address, email address and your best contact phone number during checkout. Prior to dispatch of any product requiring a piano carrier service, we will contact you via telephone, SMS or email to confirm shipping information and arrange the best day for delivery. To prevent your Order being delayed, please respond as soon as possible during business hours, Monday to Friday.
- Items sent by courier are delivered during business hours and require a signature for confirmation of delivery. If there is no-one at the delivery address when the courier attempts delivery, you may be charged a re-delivery fee.
- Items Damaged in Transit
- Please DO NOT sign for a package if you suspect it is damaged. Signing for an item means it has been received in good Order, and any damage is no longer the courier’s responsibility. If your item(s) is damaged, you must contact us on 1300 567 642 or via our Contact Us page on our Website to notify us within 24 hours. Please refer to our Returns Policy procedure for return Freight instructions (clause 8.2)
- Order Cancellations and Change of Mind
- Please choose carefully as refunds are not provided where you have simply changed your mind, found it cheaper somewhere else, or decided you have no use for the product. We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order. We invite you to ask as many questions as you need to choose your purchase.
- Unless provided for under these Terms or as otherwise agreed by Kosmic Sound, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address on the Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Faulty Goods under the Returns Policy.
- If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
- Delivery Fees will not be refunded if you return Goods except as provided for in clause 8.1 – when approved by us as a warranty issue and we request return.
- Goods can only be returned in accordance with these Terms and the Returns Policy. The Return Policy forms a part of these Terms.
- Return Policy: Repair, Replace, Refund
- In accordance with your rights under the Australian Consumer Law Consumer Guidelines, you are entitled to return a product if you believe that the item is not as described, or if it is faulty due to a manufacturing defect and is within the manufacturer’s warranty period. Items found to be faulty due to abuse, mishandling or any sort of misuse will not qualify for warranty repair or replacement.
For a minor problem, you are entitled to a free repair if we offer one, or failing that, a replacement or refund.
For a major problem, we will either:
- Organise an inspection and/or repair by our technicians at its current address (for large items),
- Request that you return it to us for inspection and repair or replacement according to the Return Procedure below, or
- Request that you return it to us for a refund.
- In order to be eligible for reimbursement of any freight return costs incurred by yourself, you must first receive an approval from us to return the product, and keep receipts. If the product is found not to have a problem as you have described, you may be required to pay the transport or inspection costs. An estimate of these costs will be provided to you before the product is collected, if arranged by us. Returned items will remain your responsibility during transit.
- If the product can be easily posted or returned in person, you are responsible for organising the return of the item to us according to the procedure below. Please pack your returned items carefully.
Return and Warranty Procedure
In order for us to serve you best, the below procedure must be followed:
- To initiate a return or warranty request, contact us on 1300 567 642 or via our Contact Us page and provide your full name, best contact phone number, invoice number, product name and fault or damage description. Where there is no proof of delivery, delivery date will be assumed to be four (4) business days from the date of dispatch.
- If a return request is approved, we will give you return details and the return address. This address may be Kosmic Sound, the authorised repairer or other authorised third party. We may also request further information to process the return. Item(s) must be received by the return address within ten (10) business days. Kosmic Sound will not accept liability for damage which may occur during transit. Please pack your returned item(s) carefully.
- If a repair or replacement is agreed on, the item is received and problem is confirmed, we will organise and complete this free of charge within a reasonable timeframe given the nature of the item and situation. You will be notified of this time estimate.
- If a refund has been agreed upon, the item is received and the problem is confirmed, the refund will be made within two (2) business days via the same method as payment was made. You will be notified via email once your refund has been processed.
- Unless otherwise indicated in your account settings or at the time you place your Order, Kosmic Sound may send you marketing information.
- If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account. Alternatively, you may contact our Customer Service Team on 1300 567 642 (KOSMIC) or via our Contact Us page on our Website.
- Kosmic Sound reserves the right to conduct and implement fraud detection processes, including without limitation validating your credit card, identification, and address details for your safety as well as ours.
- We aim to keep all information on our site up to date and correct at all times. However, prices, product descriptions and availability can change quickly and inaccuracies will occur from time to time. We ask for your understanding when errors or inaccuracies occur. We will not be responsible for, and will not be liable for, any errors in product details, descriptions or specifications, services, prices, related graphics or any other content contained on the website.
- All prices are subject to change without notice.
- Kosmic Sound is committed to fair and transparent advertising. We will not unfairly bait advertise or intentionally mislead.
- Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
- Compliance with Terms
- You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Kosmic Sound for the supply of Goods.
- We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from the posting of the current Terms on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
Please contact us if you have any questions
For any questions regarding these Terms and Conditions, please contact us on 1300 567 642 or via our Contact Us page on our Website prior to agreeing to them in the Checkout process.