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Terms of Sale


TERMS OF SALE FOR GOODS SOLD BY JB HI-FI GROUP PTY LTD FROM JBHIFI.BUSINESS



These terms and conditions constitute a legally binding contract between the customer, (“you”) and JB Hi-Fi Group Pty Ltd (ACN 093 114 286) (“JB Hi-Fi”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from www.jbhifi.business .  By placing an order for Goods from JB Hi-Fi you agree to these terms and conditions.

Please read the following terms and conditions carefully before placing your order. The terms and conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

Different terms and conditions will apply to you depending upon whether you are:

  1. a sole trader, partnership, company, trust, institution (including a school) or a government body paying for Goods under an existing credit account with JB Hi-Fi;
  2. a sole trader, partnership, company, trust, institution (including a school) or a government body paying for Goods other than under an existing credit account; or
  3. an individual acquiring the Goods wholly or predominantly for personal, domestic or household use or consumption.

Please ensure read the information below carefully in order to check which terms and conditions apply to you.

SOLE TRADERS, PARTNERSHIPS, COMPANIES, TRUSTS, INSTITUTIONS (INCLUDING SCHOOLS) OR GOVERNMENT BODIES PAYING FOR GOODS UNDER AN EXISTING CREDIT ACCOUNT

If you are a JB Hi-Fi Solutions Credit Account holder, the following terms and conditions will apply to any order from www.jbhifi.business which you choose to pay for using your Credit Account:

  1. Sections 2 (Payment Terms and Charges), 3.1, 3.2 and 3.3 (Orders and Delivery) and 5 (Risk and Retention of Title) of the existing terms and conditions relating to your Credit Account; and
  2. Sections 1, 2, 3, 4, 5, 6, 7 (excluding 7.6), 8, 9, 10 (excluding 10.2), 11, 12, 13, 14, 15, 16 and 17 of the terms and conditions set out below.


SOLE TRADERS, PARTNERSHIPS, COMPANIES, TRUSTS, INSTITUTIONS (INCLUDING SCHOOLS) OR GOVERNMENT BODIES PAYING FOR GOODS OTHER THAN UNDER AN EXISTING CREDIT ACCOUNT

If you are a sole trader, partnership, company, trust, institution (including a school) or a government body paying for Goods other than under an existing credit account, all the terms and conditions numbered 1 to 17 below will apply to any Order.


INDIVIDUALS ACQUIRING THE GOODS
WHOLLY OR PREDOMINANTLY FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION

If you are an individual acquiring the Goods wholly or predominantly for personal, domestic or household use or consumption the terms and conditions, all the terms and conditions numbered 18 to 34 below will apply to any Order.

 

TERMS AND CONDITIONS

  1. DEFINITIONS

In Sections 2 to 17 of these terms and conditions:

“Account” means an account created by you on the Website (this is not the same as any JB Hi-Fi Solutions credit account that you may have);

“Additional Delivery Charge” has the meaning given in Section 4.4;

“Business” has the meaning given in Section 2;

“Consumer” has the meaning given to it in the Australian Consumer Law;

“Consumer Goods” means goods of a kind ordinarily acquired for personal, household or domestic use or consumption, as that expression is used in the Australian Consumer Law;

“Consumer Guarantee” has the meaning given to it in sections 51 to 64A of the Australian Consumer Law;

“Delivery Charge” has the meaning given in Section 4.3;

“International Delivery Charge” has the meaning given in Section 4.5;

“Order” means an order for Goods, placed on the Website;

“Password” means any password needed to access your Account or any offer, opportunity or feature associated with your Account;

“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age;

“Title Guarantee” means a guarantee pursuant to any of section 51, 52 or 53 of the Australian Consumer Law; and

“Website” means www.jbhifi.business.

  1. THE CUSTOMER

By placing an Order on the Website you acknowledge that you are a sole trader, partnership, company, trust, institution (including a school) or a government body (a “Business”) and are not an individual acquiring the Goods wholly or predominantly for personal, domestic or household use or consumption.

  1. YOUR LEGAL RIGHTS

Your purchase of Goods may be subject to certain laws including, without limitation, the Australian Consumer Law.  If you are a Consumer, the Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that JB Hi-Fi represents they will be fit for and that the Goods will correspond with any description.  Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

  1. PRICING & TAXES

4.1       Prices for Goods are as shown on the Website.

4.2       JB Hi-Fi reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by JB Hi-Fi.

4.3       In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.

4.4       In addition to the price for the Goods and the Delivery Charge (if any) 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”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you believe that you might live in such an area, you should contact Customer Service via jbbusiness@jbhifi.com.au for more information.

4.5       If JB Hi-Fi agrees to deliver Goods outside of Australia, international delivery charges will apply which may not be shown in your shopping cart (“International Delivery Charges”). Please contact Customer Service via jbbusiness@jbhifi.com.au for more information.

4.6       By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

4.7       All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

  1. YOUR ACCOUNT

5.1       Before placing an Order your Business must have a JB Hi-Fi Solutions account created in the name of that Business.

5.2       In order for an individual to be able to order on behalf of a Business the individual must register his/her details as a representative of the Business.

5.3       All orders placed are made in the name of the relevant Business and not in the name of any individual acting on behalf of the Business.

5.4       Please ensure that you enter all information carefully when creating an Account.  You warrant to JB Hi-Fi that all information provided by you in relation to your Account is complete, true and accurate

5.5       JB Hi-Fi will provide you with a Password in order to access your Account. Passwords may also be used to allow you and/or your employees to access offers, opportunities and/or features associated with your Account. You must keep this Password confidential and only disclose it to such other persons as are specifically authorised by JB Hi-Fi.

5.6       You must notify JB Hi-Fi immediately if you become aware of any actual or potential unauthorised use of a Password associated with your Account or your Account itself.

5.7       Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of a Password associated with your Account or the Account itself which takes place before you notify JB Hi-Fi, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.87     If JB Hi-Fi suffers any loss, damage, cost or expense as a result of any unauthorised use of a Password associated with your Account or your Account itself which takes place before you notify JB Hi-Fi then you must pay JB Hi-Fi the amount of that loss, damage, cost or expense if JB Hi-Fi asks you to.

  1. ORDERS

6.1       You can place an Order by following the instructions on the Website.

6.2       An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge.  JB Hi-Fi may accept or reject your offer in its absolute discretion. In particular, JB Hi-Fi may reject the Order if you are not a commercial organisation or subject to any offer (e.g. family and friends of commercial customers) entitling you to purchase Goods from the Website. Please visit www.jbhifi.com.au if you wish to purchase goods from JB Hi-Fi but are not eligible to do so via the Website.

6.3       Each Order that you place will, if accepted by JB Hi-Fi, be a separate and binding agreement between you and JB Hi-Fi with respect to the supply of the relevant Goods, in accordance with these terms and conditions.

6.4       Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to JB Hi-Fi that you are:

(a)        18 years of age or older, where you Order products that are classified R18+;

(b)        15 years of age or older, where you Order products that are classified R15+.

 

When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.

6.5       Please ensure that you enter all information carefully when placing an Order. You warrant to JB Hi-Fi that all information provided by you in relation to each Order is complete, true and accurate.

6.6       Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by JB Hi-Fi.  If you ask us to cancel or change your Order JB Hi-Fi will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

6.7       Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by JB Hi-Fi, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .

6.8       Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. JB Hi-Fi cannot consolidate separate Orders into one delivery.  

6.9       Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types (e.g. a mixture of hardware and software).

6.10     The internet can be an unstable, and sometimes insecure, marketplace.  At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

6.11     You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

6.12      Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 6.10 and 6.11 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  1. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

7.1       JB Hi-Fi will process payment for your Order immediately upon receiving your Order.

7.2       Upon receipt of an Order JB Hi-Fi will email you an Order reference number and an invoice for the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge. At this point your Order has been accepted by JB Hi-Fi subject to stock availability.

7.3       If JB Hi-Fi is unable to fulfil your Order it will send you an email cancelling your Order as soon as practicable. In this event, JB Hi-Fi will refund any payment taken for your Order in accordance with Section 13.

7.4       When your Goods are dispatched JB Hi-Fi will send you an email confirming that the Goods have been dispatched.

7.5       When JB Hi-Fi accepts an Order it represents an agreement by JB Hi-Fi to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these terms and conditions.

7.6       You must pay for Goods by credit card (Visa or MasterCard). The name on the credit card/payment card must match the name on the Order. By providing your credit card/payment card you authorise JB Hi-Fi to deduct the price and the applicable delivery charge(s) from such card.

7.7       JB Hi-Fi reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

7.8       JB Hi-Fi may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; (c) because your payment card has expired; or (d) because the Order would result in you exceeding the credit limit under your JB Hi-Fi Solutions credit account.  Where this is the case, your Order will be placed on hold and JB Hi-Fi will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with JB Hi-Fi’s requests within the timescale specified, JB Hi-Fi may cancel your Order.

7.9       Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

  1. CANCELLATION OF ORDERS

8.1       JB Hi-Fi reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. JB Hi-Fi may do this for example, but without limitation, where:

(a)        JB Hi-Fi’s suppliers are unable to supply Goods;

(b)        an event beyond JB Hi-Fi’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that JB Hi-Fi is unable to supply the Goods within a reasonable time;

(c)        Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d)        you ask JB Hi-Fi to cancel your Order in accordance with Section 6.6;

(e)        in the circumstances set out in Section 7.8; or

(f)         you are paying for the Goods on your JB Hi-Fi Solutions Credit Account and any payment due to JB Hi-Fi by you is overdue.

8.2       You may cancel your Order where JB Hi-Fi:

(a)        has breached a material term of this agreement;

(b)        is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these terms and conditions, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; (ii) which was outside JB Hi-Fi’s control including the situations set out in Sections 8.1(b) above;

8.4       JB Hi-Fi’s policy for change of mind returns does not apply to commercial Orders or Orders placed by a Business.

8.5       Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  1. AVAILABILITY OF GOODS/REFURBISHED STOCK

9.1       As JB Hi-Fi is dependent upon its Suppliers to provide stock, JB Hi-Fi cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. JB Hi-Fi reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9.2       Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty.

  1. DELIVERY

10.1     Risk in the Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

10.2     Title to the Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

10.3     Goods will generally only be delivered to addresses within Australia. JB Hi-Fi may, in its absolute discretion, agree to accept Orders for delivery outside Australia but is under no obligation to do so.

10.4     JB Hi-Fi will not deliver to PO Boxes.

10.5     On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.

10.6     If you require Goods that you have ordered to be re-directed to an address which is not the original Order address JB Hi-Fi may charge you a reasonable fee for doing this.

10.7     Goods will be labelled on the Website as either: “Ships within 2 Business Days” or “Ships within 5 Business Day”:

  • “Ships within 2 business days” - JB Hi-Fi aims to have the Goods dispatched to you within 2 Business Days (Monday to Friday excluding public holidays).
  • “Ships within 5 business days” - JB Hi-Fi aims to have the Goods dispatched to you (either from JB Hi-Fi or the relevant supplier) within 5 business days (Monday to Friday excluding public holidays).

Please allow 2-5 days from dispatch for metro courier delivery and 3-7 days for regional areas. Remote deliveries are subject to local transport schedules and may take longer. Please contact jbbusiness@jbhifi.com.au for details of the timing of remote or overseas deliveries.

  1. PICK-UP OF GOODS IN STORE

11.1     Many Goods can be picked up from a JB Hi-Fi store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order.

11.2     Goods ordered before 3 pm on a business day should be available for pick up in store the next business day and Goods ordered after 3 pm on a business day should be available for pick up in store the business day after the next business day.

11.3      When picking up Goods in store:

(a)        your representative must bring the email that JB Hi-Fi has sent to you confirming that the stock is available for pick-up; and

(b)        you representative must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify his/her identity. If requested, he/she must allow JB Hi-Fi to take a copy of this identification for fraud prevention purposes. The copy will not be used by JB Hi-Fi for any other purpose or disclosed to any person outside of JB Hi-Fi;

 (d)       store staff have the right to refuse collection of Goods if you or your representative cannot or will not satisfy the requirements set out above. In this event JB Hi-Fi will contact the person who placed the Order using the contact details provided.

  1. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

12.1     You agree and acknowledge that:

(a)        JB Hi-Fi does not guarantee the delivery or availability of Goods within the timeframes set out in Section 10.7 and 11.2 above or otherwise specified by JB Hi-Fi or any of its staff;

(b)        events outside JB Hi-Fi’s control may cause delays, or in some circumstances, prevent your Goods from being delivered;

(c)        delays are particularly likely to occur around Christmas and public holidays; and

(d)        if you are paying for the Goods on your JB Hi-Fi Solutions Credit Account and any payment due to JB Hi-Fi by you is overdue, then JB Hi-Fi may (without any liability to you) choose to delay delivery of any Goods that have been ordered by you but not yet delivered to you, despite the fact that JB Hi-Fi has previously accepted the order for those Goods.

(e)        except to the extent expressly set out in these terms and conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither JB Hi-Fi nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .

  1. REFUNDS OF YOUR MONEY

13.1     Where JB Hi-Fi is obliged to refund your payment pursuant to these terms and conditions, JB Hi-Fi aims to initiate your refund within 2 business days (Monday – Friday 9 a.m. to 5 p.m. Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.

13.2     Where JB Hi-Fi is obliged to refund your payment pursuant to these terms and conditions and you have paid for the relevant Order using your JB Hi-Fi Solutions Credit Account JB Hi-Fi will credit your JB Hi-Fi Solutions Credit Account.

13.3     Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  1. RETURNS/FAULTY OR DAMAGED GOODS

14.1     You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact JB Hi-Fi on jbbusiness@jbhifi.com.au as soon as possible. Except where you are a Consumer, if you fail to give notice to JB Hi-Fi of any problem or defect with the Order within 7 days of delivery, the delivery shall be deemed to have been accepted by you.

14.2     Except to the extent otherwise required by law or where the Goods are faulty (in which case Sections 14.5-14.7 apply), all returns of goods that have been correctly delivered to you in accordance with an Order must be approved in writing by JB Hi-Fi (Approved Returns).  JB Hi-Fi reserves its absolute discretion to accept or reject requests for return of such Goods.  Except to the extent otherwise required by law or where the Goods are faulty (in which case Sections 14.5-14.7 apply), bespoke, indent or customer Orders will not be accepted for return under any circumstances. Approved Returns must be freight prepaid by you. JB Hi-Fi will credit or refund you for Approved Returns only if they are in saleable condition (as reasonably determined by JB Hi-Fi) upon return and then only upon conditions acceptable to JB Hi-Fi and at your entire cost and provided the goods are and remain sealed in a manner in which they were delivered and accompanied by documentation showing:

  • customer name, address and account number;
  • invoice number; and
  • the reason for return and copy of approval issued by JB Hi-Fi.

Approved Returns are at your risk as to loss or damage until such time as the goods reach JB Hi-Fi’s place of business.

 

14.3     Our goods usually come with warranties from the manufacturer. Your rights under these warranties are governed by the specific terms of the warranty. JB Hi-Fi has no liability to you in respect of such warranties

 

14.4     Except where you are a Consumer, JB Hi-Fi is not liable for any loss (including special, indirect or consequential loss, loss of profits, loss of business, loss of reputation, loss of goodwill, loss of opportunity arising or loss caused by the negligence of JB Hi-Fi) suffered or incurred by you in connection with any act or omission of JB Hi-Fi in relation to an Order.

 

14.5     In respect of goods supplied under these terms and conditions, subject to Section 14.6, if you are a Consumer the liability of JB Hi-Fi for loss, however caused (including by the negligence of JB Hi-Fi), suffered or incurred by you because of a failure to comply with a Consumer Guarantee is limited to JB Hi-Fi (at its election):

(a)        replacing the goods or supplying equivalent goods;

(b)        repairing the goods;

(c)        paying the cost of replacing the goods or of acquiring equivalent goods; or

(d)        paying the cost of having the goods repaired.

14.6     Section 14.5 does not apply if it is not fair or reasonable for JB Hi-Fi to rely on them, if the goods are Consumer Goods, or in relation to Title Guarantees.

14.7     When you are entitled to return faulty Goods:

(a)        please provide JB Hi-Fi with your proof of purchase;

(b)        it is a requirement for the fulfilment of refunds, exchanges and warranties that you use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase. 

You are also encouraged to use the original packaging where possible in order to avoid damage in transit.

14.8     You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

  1. PRIVACY

15.1     JB Hi-Fi policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Statement which forms part of these terms and conditions.

  1. WEBSITE TERMS

16.1     Your use of the Website is governed by the Website Terms of Use.

  1. GENERAL

17.1     Sections 17.2 and 17.3 shall not apply if you are a Consumer.

17.2     These terms and conditions (supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods including, but not limited to, those relating to the performance of the Goods or the results that ought to be expected from using Goods.

17.3     Unless JB Hi-Fi otherwise agrees in writing, these terms and conditions are the only terms which shall apply to Goods supplied pursuant to an Order on the Website.

17.4     JB Hi-Fi reserves the right to amend these terms and conditions at any time. Any amendment will take effect from the time that it appears on the Website. The terms and conditions which apply at the time that you place your Order are the terms and conditions which will apply to your Order.

17.5     You agree that these terms and conditions will in all circumstances prevail over any terms and conditions of purchase of yours (if any) and override any quotes, invoices or other documentation (including, without limitation, any terms and conditions attached or forming part of any purchase order of yours) exchanged between the parties whether or not such documents expressly provide that they override these terms and conditions.

17.6     Each of the rights and remedies available to JB Hi-Fi as set out in these terms and conditions shall be in addition to, and shall not derogate from, any other rights and remedies available including, without limitation, under contract, in tort, under statute, in equity or for specific performance

17.7     Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

17.8     These terms and conditions are governed by the laws of Victoria, Australia.

 

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  1. DEFINITIONS

In Sections 19 to 34 of these terms and conditions:

“Account” means a personal account created by you on the Website;

“Additional Delivery Charge” has the meaning given in Section 20.4;

“Delivery Charge” has the meaning given in Section 20.3;

“International Delivery Charge” has the meaning given in Section 20.5;

“Order” means an order for Goods, placed on the Website;

“Password” means any password needed to access your Account or any offer, opportunity or feature associated with your Account;

“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age; and

“Website” means jbhifi.business.

  1. YOU AND YOUR LEGAL RIGHTS

19.1     By placing an Order you warrant that you are an individual acquiring the Goods wholly or predominantly for personal, domestic or household use or consumption.

19.2     Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law.  The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that JB Hi-Fi represents they will be fit for and that the Goods will correspond with any description.  Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

  1. PRICING & TAXES

20.1     Prices for Goods are as shown on the Website.

20.2     JB Hi-Fi reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by JB Hi-Fi.

20.3     In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.

20.4     In addition to the price for the Goods and the Delivery Charge (if any) 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”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you believe that you might live in such an area, you should contact Customer Service via jbbusiness@jbhifi.com.au for more information.

20.5     If JB Hi-Fi agrees to deliver Goods outside of Australia, international delivery charges will apply which may not be shown in your shopping cart (“International Delivery Charges”). Please contact Customer Service via jbbusiness@jbhifi.com.au for more information.

20.6     By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

20.7     All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

  1. YOUR ACCOUNT

21.1     You may choose to create an Account on the Website before placing an Order. You do not have to create an Account before placing an Order. Certain Goods may only be available to Account holders.

21.2     You may not set up an Account for someone else. Your account must be in your individual name and not in the name of any partnership, company, trust, institution (including a school) or a government body,

21.3     Please ensure that you enter all information carefully when creating an Account.  You warrant to JB Hi-Fi that all information provided by you in relation to your Account is complete, true and accurate

21.4     JB Hi-Fi will provide you with a Password in order to access your Account. You must keep this Password confidential and must not disclose it to any other person. You may also receive one or more Passwords from your employer or another Account holder which can be used to allow you to access offers, opportunities and/or features associated with your employer’s or that third party’s Account. You must keep this Password confidential and not disclose it to any other person.

21.5     You must notify JB Hi-Fi immediately if you become aware of any actual or potential unauthorised use of a Password or Account.

21.6     Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify JB Hi-Fi, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

21.7     If JB Hi-Fi suffers any loss, damage, cost or expense as a result of any unauthorised use of a Password associated with your Account or the Account itself which takes place before you notify JB Hi-Fi then you must pay JB Hi-Fi the amount of that loss, damage, cost or expense if JB Hi-Fi asks you to.

21.8     If JB Hi-Fi suffers any loss, damage, cost or expense as a result of any unauthorised use of any other Password or Account to which you have access which occurs as a result of your disclosure of a Password to any other person or a negligent act or omission by you in relation to that Password, then you must pay JB Hi-Fi the amount of that loss, damage, cost or expense if JB Hi-Fi asks you to.

  1. ORDERS

22.1     You can place an Order by following the instructions on the relevant JB Hi-Fi website.

22.2     An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge.  JB Hi-Fi may accept or reject your offer in its absolute discretion. In particular, but without limitation, JB Hi-Fi may reject orders from individuals who are not entitled to us the Website by virtue of their status or under a special offer. If you are not entitled to use the Website please visit jbhifi.com.au to purchase Goods from JB Hi-Fi.

22.3     Each Order that you place will, if accepted by JB Hi-Fi, be a separate and binding agreement between you and JB Hi-Fi with respect to the supply of the relevant Goods, in accordance with these terms and conditions.

22.4     If you place an Order for someone else to receive the Goods you must obtain their consent before providing JB Hi-Fi with their personal information and, by placing an Order, you confirm to JB Hi-Fi that you have done this.

22.5     Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to JB Hi-Fi that you are:

(a)        18 years of age or older, where you Order products that are classified R18+; and

(b)        15 years of age or older, where you Order products that are classified R15+.

 

When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.

22.7     Please ensure that you enter all information carefully when placing an Order. You warrant to JB Hi-Fi that all information provided by you in relation to each Order is complete, true and accurate.

22.8     Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by JB Hi-Fi.  If you ask us to cancel or change your Order JB Hi-Fi will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

22.9     Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by JB Hi-Fi, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .

22.10    Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. JB Hi-Fi cannot consolidate separate Orders into one delivery. 

22.11    Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types (e.g. a mixture of hardware and software).

22.12    The internet can be an unstable, and sometimes insecure, marketplace.  At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

22.13    You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

22.14    Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Sections 22.12 or 22.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  1. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

23.1     JB Hi-Fi will process payment for your Order immediately upon receiving your Order.

23.2     Upon receipt of an Order JB Hi-Fi will email you an Order reference number and an invoice for the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge. At this point your Order has been accepted by JB Hi-Fi subject to stock availability.

23.3     If JB Hi-Fi is unable to fulfil your Order it will send you an email cancelling your Order as soon as practicable. In this event, JB Hi-Fi will refund any payment taken for your Order in accordance with Section 29.

23.4     When your Goods are dispatched JB Hi-Fi will send you an email confirming that the Goods have been dispatched.

23.5     When JB Hi-Fi accepts an Order it represents an agreement by JB Hi-Fi to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these terms and conditions.

23.6     You must pay for Goods by credit card (Visa or MasterCard). The name on the credit card/payment card must match the name on the Order. By providing your credit card/payment card you authorise JB Hi-Fi to deduct the price and the applicable delivery charge(s) from such card.

23.7     JB Hi-Fi reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

23.8     JB Hi-Fi may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, your Order will be placed on hold and JB Hi-Fi will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with JB Hi-Fi’s requests within the timescale specified, JB Hi-Fi may cancel your Order.

23.9     Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

  1. CANCELLATION OF ORDERS

24.1     JB Hi-Fi reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. JB Hi-Fi may do this for example, but without limitation, where:

(a)        JB Hi-Fi’s suppliers are unable to supply Goods;

(b)        an event beyond JB Hi-Fi’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that JB Hi-Fi is unable to supply the Goods within a reasonable time;

(c)        Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d)        you ask JB Hi-Fi to cancel your Order in accordance with Section 22.8; or

(e)        in the circumstances set out in Section 23.8.

24.2     You may cancel your Order where JB Hi-Fi:

(a)        has breached a material term of this agreement;

(b)        is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these terms and conditions, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; (ii) which was outside JB Hi-Fi’s control including the situations set out in Sections 24.1(a) above;

24.4     Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  1. AVAILABILITY OF GOODS/REFURBISHED STOCK

25.1     As JB Hi-Fi is dependent upon its Suppliers to provide stock, JB Hi-Fi cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. JB Hi-Fi reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

25.2     Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty.

  1. DELIVERY

26.1     Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

26.2     Goods will generally only be delivered to addresses within Australia. JB Hi-Fi may, in its absolute discretion, agree to accept Orders for delivery outside Australia but is under no obligation to do so

26.3     JB Hi-Fi will deliver to PO Boxes in Australia where possible based on the size of the Goods.

26.5      On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.

26.6     If you require Goods that you have ordered to be re-directed to an address which is not the original Order address JB Hi-Fi may charge you a reasonable fee for doing this.

26.7      Goods will be labelled on the Website as either: “Ships within 2 Business Days” or “Ships within 5 Business Day”:

  • “Ships within 2 business days” - JB Hi-Fi aims to have the Goods dispatched to you within 2 Business Days (Monday to Friday excluding public holidays).
  • “Ships within 5 business days” - JB Hi-Fi aims to have the Goods dispatched to you (either from JB Hi-Fi or the relevant supplier) within 5 business days (Monday to Friday excluding public holidays).

Please allow 2-5 days from dispatch for metro courier delivery and 3-7 days for regional areas. Remote deliveries are subject to local transport schedules and may take longer. Please contact jbbusiness@jbhifi.com.au for details of the timing of remote or overseas deliveries.

  1. PICK-UP OF GOODS IN STORE

27.1     Many Goods can be picked up from a JB Hi-Fi store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order.

27.2     Goods ordered before 3 pm on a business day should be available for pick up in store the next business day and Goods ordered after 3 pm on a business day should be available for pick up in store the business day after the next business day.

27.3      When picking up Goods in store:

(a)        you must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that you are the purchaser. If requested, you must allow JB Hi-Fi to take a copy of this identification for fraud prevention purposes. The copy will not be used by JB Hi-Fi for any other purpose or disclosed to any person outside of JB Hi-Fi;

(b)        store staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;

(c)        you will also need to bring the email that JB Hi-Fi has sent to you confirming that the stock is available for pick-up; and

(d)        store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event JB Hi-Fi will contact the person who placed the Order using the contact details provided.

  1. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

28.1     You agree and acknowledge that:

(a)        JB Hi-Fi does not guarantee the delivery or availability of Goods within the timeframes set out in Sections 26.7 or 27.2 above or otherwise specified by JB Hi-Fi or any of its staff;

(b)        events outside JB Hi-Fi’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;

(c)        delays are particularly likely to occur around Christmas and public holidays; and

(d)        except to the extent expressly set out in these terms and conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither JB Hi-Fi nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .

  1. REFUNDS OF YOUR MONEY

29.1     Where JB Hi-Fi is obliged to refund your payment pursuant to these terms and conditions, JB Hi-Fi aims to initiate your refund within 2 business days (Monday – Friday 9 a.m. to 5 p.m. Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.

29.2     Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  1. RETURNS/FAULTY OR DAMAGED GOODS

30.1     You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact JB Hi-Fi on http://www.jbhifi.com.au/contact-us/ as soon as possible.

30.2     If you have a problem with any Goods or otherwise wish to return them please refer to JB Hi-Fi’s Returns Policy which forms part of these terms and conditions.  Please note that, in addition to contacting the manufacturer or any JB Hi-Fi store, you can also contact us on http://www.jbhifi.com.au/contact-us/.

30.3     When returning Goods:

(a)        please provide JB Hi-Fi with your proof of purchase;

(b)        it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase. 

Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

30.4     You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

  1. MORE INFORMATION ABOUT JB HI-FI LIABILITY TO YOU

31.1     To the full extent permitted at law, JB Hi-Fi is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or Account.

  1. PRIVACY

32.1     JB Hi-Fi policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Statement which forms part of these terms and conditions

  1. WEBSITE TERMS

33.1     Your use of the Website is governed by the Website Terms of Use.

  1. GENERAL

34.1     JB Hi-Fi reserves the right to amend these terms and conditions at any time. Any amendment will take effect from the time that it appears on the Website. The terms and conditions which apply at the time that you place your Order are the terms and conditions which will apply to your Order.

34.2     Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

34.3     These terms and conditions are governed by the laws of Victoria, Australia.

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