Sales Terms & Conditions

Your purchase of goods from Ultima Music A.B.N. 31 905 594 410 (hereby referred to as “The Firm” or “Us” in this document), is subject to these Terms and Conditions of Sale. By signing the Booking Request Form, you accept these terms and agree to be bound by them, and an agreement is formed between us and you. If you do not accept these Terms, you must refrain from using this Firm or making a purchase from this Firm.

For future orders, these terms may be different and so we recommend you read these terms carefully each time you agree to them during the booking process.

1) Fees Payable:
a) Prices for Goods are as shown or represented by the Firm.
Online payments are handled by Credit Card and PayPal.
b) The Firm reserves the right to change the prices of goods at any time without notice to the buyer. The price displayed at the time that the buyer places their order will continue to apply, even if the price changes before the order is accepted by The Firm.
c) In addition to the price for the goods, the buyer will also need to pay the advertised delivery charge (if any).
d) If the Firm agrees to deliver goods outside of Australia, international delivery charges will apply. International Delivery Charges, applicable to the buyer’s relevant country, will appear in the client’s shopping cart.
e) By placing an order, the buyer agrees to pay the price for the goods, any delivery charge, any additional delivery charge and any International Delivery Charge.
f) All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
2) Purchases:
a) The buyer and The Firm may enter into a contract for the sale and supply of products. This contract is instigated when the buyer makes an offer to purchase a product at the price advertised by the firm by:
(i) placing an order for the products;
(ii) the purchaser confirming the Order details in accordance with the Firm’s procedure;
(iii) the purchaser making payment in full (plus any applicable delivery charges); and
(iv) the acceptance of that offer by The Firm.
b) The purchaser will receive an email from The Firm as soon as practicable after the buyer has confirmed their Order and made payment. If the buyer have any questions regarding their order, they may contact us via phone.
c) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If the Firm cannot supply a particular product, the Firm will notify the purchaser by telephone or email as soon as possible.
d) The Firm will be deemed to have accepted the order with email of a tax invoice for the sale and the fulfilment of the order.
e) All accessories included in advertised offers will be listed in the description. Unless otherwise stated, any accessories shown in any image of products are not included in the price.
Subject to the buyer complying with these terms and acceptance of their order by the Firm, the Firm will sell and supply the products to the buyer as shown on the order confirmation.
f) Products may not be available for immediate delivery. The Firm will endeavour to deliver the order to the buyer within a reasonable time of the placement of their order.
g) The Firm will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
3) Refunds:
a) Please choose carefully as refunds are not provided where the purchaser have simply changed their mind, made a wrong selection or simply found the item cheaper elsewhere. The Firm makes the recommendation that the buyer carefully preview any proposed orders before adding them to their shopping cart and proceeding with the order.
b) The Firm will provide refunds pursuant to the Competition and Consumer Act 2010 namely, if the goods purchased:
i) Are not of merchantable quality;
ii) Are not fit for its purpose;
iii) Do not match the sample.
c) The buyer should return their goods within a reasonable time if the above occurs and provide us with:
i) Proof of purchase by producing the original Tax Invoice. The Tax Invoice will be provided on despatch from the Firm.
ii) The Goods listed on the Tax Invoice with all original packaging and manuals enclosed.
iii) Suitable ID to identify the buyer as the original purchaser; and
iv) Details of the fault or issue of the product and that the fault or issue was not caused by the buyer.
v) All refunds for an online web sale are to be directed to Our Support Centre over the phone. If the Firm believe that the circumstances render a refund necessary, they will be asked to provide the above detailed documentation via email. If the Firm approve the documentation provided, the buyer will be provided their refund via Credit Card or Direct Bank Deposit (EFT). This process may take up to 7 business days to occur.
d) Any disputes are to remain private between the buyer and the Firm, and signed documentation stating that they adhere to this is to be signed before any refunds can be given.
e) Should the buyer breach this contract by publicly renouncing the Firm on any third party public forum, online, verbal, printed etcetera, the Firm retains the right to refuse refund.
4) Damage:
a) if a product is damaged on delivery, then the client should refuse to take receipt of that Product and notify The Firm immediately.
b) If the client notice damage to a Product after delivery, the client should notify us immediately and the Firm will arrange for return of the product in accordance with these terms and conditions.
5) Privacy:
a) the privacy of the client’s personal information is important to The Firm.
b) The Firm and its third parties may collect personal information directly from the client when the client register as a member of the Firm, when the client place an order, or when the client contact the Firm’s Customer Service Team. Personal information may include the client’s name, residential and/or postal address, telephone number and email address.
c) The client’s personal information is not collected if the client only browse this website.
d) Members of The Firm, the Franchisor, their related bodies corporate and their authorised third parties, may use the client’s personal information for the purposes for which the client give it to any of them and for their own internal purposes. The client agree that The Firm and/or its third party may use the client’s email address to send the client messages concerning the client’s membership account, any Orders the client place and information about the products sold that The Firm thinks may be of interest to the client. If the client would prefer not to receive promotional or other material from The Firm or its third parties, they may advise the Firm; and the latter will respect the client’s request. The client also agree that The Firm may contact the client by telephone to arrange delivery or collection of the client’s order.
e) The client may request the Firm to remove the client’s personal information from its database by emailing the Customer Service Team.
6) Laws of Victoria:
a) these terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and the client irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
b) If the client access the website in a jurisdiction other than Victoria, Australia, the client are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. The Firm makes no representations that the content of the website complies with the laws of any country outside Australia.
c) If any part of these terms are found to be void, invalid, unlawful or unenforceable, that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between the client and The Firm.
d) The failure by The Firm to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by The Firm.

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