Introduction In these Terms and Conditions "we", “our" and "us" means MYAV; and “our website” means the URL www.myav.com.au and "you" and “your” means you, the customer. These Terms and Conditions together with your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products. No other Terms and Conditions will apply.
1) Formation of Contract
A) You offer to purchase products from us through our website. Your offer is made by completing and submitting your order. Our acceptance of your offer is confirmed by us providing you with an order reference number. Once we provide you with the order reference number a binding contract is formed.
2) Australia only Website
A) We only sell and deliver within our service areas within Australia.
3) Legal Capacity to Transact
A) If you are under eighteen (18) years of age, you cannot order via our website.
B) Should we suffer any damage or other losses as a result of a transaction entered into by a minor using our website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via our website.
4) Processing your Order
A) Upon completing your order and submitting it through the checkout system, an order reference number will be issued to you via a confirmation email.
B) We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.
C) Upon processing your order and receiving payment via your credit card or debit card we send you a confirmation email which is your Tax Invoice.
D) We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your account; remove or edit content from our website at our sole discretion.
E) If we cannot process your order after receiving payment, we will contact you using the details entered at the checkout.
5) Payment Methods and Processing
A) We currently accept VISA, AMEX and MasterCard credit cards and debit cards only.
B) Orders placed on weekends or public holidays will be processed on the next business day.
C) Business days are Monday to Friday, excluding NSW Public holidays.
D) We process payments only after you successfully complete the checkout.
E) Your tax invoice is your proof of purchase and is required for any warranty claims.
A) All purchases include GST unless otherwise stated.
A) We endeavour to display products at a competitive price.
B) We reserve the right to modify prices published on our website at any time.
A) We do our best to keep stock of most items listed on our website. All stock availability representations (graphical or text) on this website are accurate as of our last known stock level with the manufacturer and is subject to change without notice. Delivery may exceed 10 business days if stock availability is Limited Stock. Customers will be notified if item/s are on backorder.
A) Delivery of each ordered product/s can take up to 10 business days from the date payment is received.
B) We will deliver each ordered product/s to the place of delivery designated by you.
C) We make every effort to deliver your ordered products within the estimated delivery time you have entered at the checkout.
D) We provide courier delivery within Australia for all products purchased through myav.com.au
E) The estimated delivery times for products are during business hours (9am to 5pm) Monday to Friday excluding NSW Public Holidays.
F) Estimated delivery times may vary due to circumstances beyond our control.
G) We encourage you to visit the "Track Orders" section found in the My Account page on our website.
H) If your order is sent via an Australia Post eParcel and the specified recipient is unable to accept delivery, an “Article Awaiting” card will be left at the premises and your order will be delivered to an Australia Post Office suitable to store your order. In these circumstances, delivery is completed by us at the time the “Article Awaiting” card is left at your premises.
I) If your order is delivered by our courier service and the specified recipient is unable to accept delivery, a card with our contact details will be left at the premises. Please be sure to contacts us and arrange an alternative time and date for delivery.
J) Please contact our Customer Service Team if you plan to change your delivery address after payment.
10) Title and Risk
A) Title to and risk in the products will pass to you upon delivery from us. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.
11) Cancelled Orders
A) Please choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled once we have provided you with the order reference number.
B) No refunds, credits or replacements are offered if you have changed your mind about the ordered products, make an incorrect choice, or failed to verify and accurately provide information when placing an order.
12) Faulty, Damaged or Defective Product & Product Return
A) A product is considered faulty if it does not work when first taken from its packaging or if it shows signs of failure within 14 days of delivery.
B) If you receive a damaged or faulty product, we will arrange for it to be repaired or replaced for you. A refund is only available if the product is no longer available.
C) Products damaged in transit must be reported to us within 24 hours of receipt of the product.
D) If you receive a product that you think is defective, you are to immediately contact our Customer Service Team who may provisionally determine whether the product is defective. You have 14 days from the date of delivery to report a defective product.
E) Where a product is provisionally determined to be defective we will arrange to replace the product.
F) Where we have provisionally determined your product is defective, return shipping may be arranged at our expense.
G) If the product is deemed by customer service/supplier NOT to be defective, we may, in our absolute discretion, refuse to replace the product or offer a refund.
H) We reserve the right to test any returned defective product. If the condition of the product was misrepresented to us by the customer, we may impose a $55 handling and administration fee.
I) Products must be returned whenever we agree to replace the product or provide you with a refund.
J) Where you received a faulty, damaged or defective product by Australia Post eParcel, customer service will e-mail a PDF docket containing a RAN (Return Authorisation Number) which you must affix to the Product. You must then leave the product at any Australia Post Office using the Reply Paid postage details printed in the PDF docket supplied by our Customer Service Team.
K) Where you have received a faulty, damaged or defective product by our courier service, we may make arrangements with you to collect the product.
L) Please ensure that all original items including packaging are returned.
M) It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.
13) When a Replacement Product is arranged
A) A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product.
B) The delivery time for the replacement product may be the same as stated for the original product.
C) Replacement products are provided with the same warranty as the original product.
14) When a Refund is arranged
A) Refunds include delivery and associated costs for the defective product.
B) No refund will be processed until we have received the product from you.
C) Refunds will only be issued to the same credit card or debit card used for the original purchase.
15) Proof of Purchase for a Warranty Claim
A) Be sure to keep your tax invoice as proof of purchase. To request another copy please contact our customer service team via email and include your name and order number.
16) Warranty if an item is replaced
A) Please contact the manufacturer of your product for more information on their precise warranty terms and conditions as these differ from brand to brand.
17) Warranty transfer
A) Warranty is only valid with proof of purchase on the original goods which will be warranted as long as it complies with all other terms and conditions. Warranty is NOT transferable.
18) Warranty Claims
A) For assistance with a warranty claim, please contact our customer service team via email. We will arrange for the product to be serviced or replaced for you on a case by case basis.
B) Warranty on products sold through MyAV is valid within Australia only.
19) Warranty Coverage
A) All items sold are covered by a minimum 12 months manufacturers warranty.
B) Manufacturers Warranty is valid within Australia only and commences from the purchase date on your invoice.
20) Extended Warranty
A) Extended warranties are available for most products sold through our website.
B) Please visit our extended warranty page for more information.
21) Computer Hardware & Software - Exclusions and Limitations Hardware
A) We are not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing products.
B) In relation to any computing media product, or any computing hardware product or computing part contained within a product, we will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal claim, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with hardware purchased from MYAV;.
C) Where a computing product needs to be returned to us for replacement or a refund, we will in no manner whatsoever be responsible for any data you may leave on the computing product. Software.
D) Recovery and reinstallation of system and application software and user data are not covered under any warranty.
E) All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that MYAV; does not warrant any software under these Terms and Conditions. In addition to any rights the customer may have under statute, all software is warranted in accordance with the license agreement that governs its use.
F) All rights, title or interest in respect of the intellectual property rights in the software remain with MYAV; or the licensor of the software at all times.
22) Our Liability
A) Myav.com.au; shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
B) To the extent permitted by law and subject to clause 26(d) our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
C) The Customer shall indemnify Myav.com.au; and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
D) To the extent permitted by law, Myav.com.au; and customer agree that Myav.com.au; will not be liable for products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Myav.com.au; shall not be liable to the customer for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of Products or services, even if Myav.com.au; has been advised of their possibility.
E) To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by Myav.com.au; shall be subject to correction without any liability on the part of Myav.com.au;.
23) Your Personal Information
24) Credit Card Fraud
A) Whilst we employ the latest in Secure Sockets Layer (SSL) technology and use Westpac Banking Corporations secure payment gateway, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
A) You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
B) Any unauthorised assignment shall be deemed null and void.
C) If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
D) Under the Trade Practices Act 1974, where implied conditions and warranties cannot be excluded, any liability of Myav.com.au for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Trade Practices Act 1974) shall be limited, at the option of Myav.com.au, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
E) No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
F) We reserve the right to change the Terms and Conditions at any time.
G) No MYAV; employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
H) The contract cannot be changed unless agreed to in writing or by e-mail.
I) These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
26) Force Majeure
A) We shall not be liable for any delay in performing any of obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Myav.com.au;, and Myav.com.au; shall be entitled to a reasonable extension of time for the performance of such obligations.