Terms & Conditions
In order to use www.mallmusic.com.au you must read and agree to our Terms & Conditions. They are for your protection and outline our obligations to you, the client. If you remain in any way uncertain, please call our office on 1300 861 669 or send us an email.
This Website is owned and operated by www.mallmusic.com.au (ABN 92 001 723 879), trading as Mall Music.
The following Terms and Conditions govern the use of Mall Music ("Mall Music") Website ("Site"), the materials and information contained therein and related services made available to you via this Site. If you do not agree to these Terms and Conditions, please do not visit or use the Site.
Mall Music, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a Linked Web Site.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Exclusion of Liability and Overall Disclaimer
The materials and information provided on this Site and related communications are provided on and "as is" basis. Mall Music assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Web site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Mall Music. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), Mall Music expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. Mall Music shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Mall Music is expressly advised of the possibility of such loss or damages.
The Terms and Conditions are effective until terminated by Mall Music and Mall Music may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
You use this site at your sole risk. You agree that you will be personally responsible for your use of this site and for all of your communication and activity on this site. We reserve the right to deny you access to this Site, or any part of this site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Service, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
Links and Third Party Representation on this Site
Mall Music makes no representations or warranties about any other website which you may access through this Site ("Other Website"). When you access an Other Website, that Other Website is independent from this Site, and Mall Music has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Site. Other Websites are not under the control of Mall Music, and Mall Music is not responsible for the accuracy of any information on any Other Website. Mall Music does not monitor or review the content of any Other Website.
You must take your own precautions to ensure that any Other Website that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.
Information and Images in Relation to Product
Referred to in this site has been provided by the respective manufacturers of the relevant products. Product information and illustrations are published with the permission of the relevant manufacturers and/or owners of that product.
Images are representative only and copyright to the owners. Whilst the product information has been carefully checked, its accuracy cannot be guaranteed.
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.
Nothing contained in these Terms and Conditions derogates from Mall Music's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Mall Music with respect to that use.
In this Site: "Mall Music" means www.mallmusic.com.au (ABN 92 001 723 879), trading as Mall Music and its subsidiaries, associates and officers unless otherwise stated. "Other Website" means websites of persons or entities other than Mall Music, which are linked to and, from this Site. "Your Information" means any information from which your identity is apparent or can be reasonably be ascertained. "Site" means the whole or any part of the web pages located at www.mallmusic.com.au (including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, as well as text, sounds, graphics, animated elements or any other content of this Site.) "We" and "us" and “Mall Music” refer to Mall Music, and "our" has the same meaning. "Third Parties" means persons or entities represented on the Site other than Mall Music.
Returns and exchanges policy
It is very important to us that Mall Music customers are satisfied with their purchase and understand our terms and conditions. Please read the following policy regarding returns and exchanges. If you remain in any way uncertain, please call or email us.
A product may be returned subject to the following:
The product is faulty (refer to manufactures warranty conditions).
The product is not the product ordered.
The product does not perform to the Manufacturer’s specifications.
Sheet music, CDs, DVDs, magazines and books cannot be returned due to copyright.
Consumables such as guitar strings, cables included in packages, can be returned for a store credit if returned within 14 days of purchase.
Recorders, reeds, harmonicas, mouthpieces and alike cannot be returned or exchanged for hygiene reasons.
Goods cannot be returned if the customer does not know how to use them or has failed to follow instructions or the goods are not compatible with customer’s existing equipment.
The product you return must be in: new, unused, pristine and unmarked condition, with all the original packaging in unmarked, saleable condition. Proof of purchase must be provided for all returns. Proof of purchase can be in the form of a receipt or credit card statement.
Products can be returned to our warehouse. If you are sending the item back to the Mall Music warehouse please notify us before you return the item by phone 1300 861 669 or email email@example.com so we can provide you with a returns authorization code and the instructions for returning your items. If you would like to request an exchange you can let us know at this time of your new selection, so we are able to reserve this for you.
Faulty items: If you receive an item that you consider to be flawed or faulty upon delivery, please contact us immediately to discuss its repair or replacement by either phone 1300 861 669 or firstname.lastname@example.org
Mall Music is not responsible for any item that is not returned in a new, unused and unmarked condition. We do not sell imperfect items and will not accept the return of any items which are considered marked or imperfect. Please also note that packaging is an inherent part of the product, and a full refund or credit will not be issued if the packaging is not returned in perfect condition.
Please note that Sale items cannot be returned other than required by Law.
Shipping and Delivery
Deliveries to Australian metropolitan areas are shipped via Fastway Couriers, regional areas and those not covered by the Fastway network are shipped via Australia Post. All deliveries can be tracked through the corresponding company's tracking systems. The tracking number is email to you upon dispatch.
Items marked as bulky item incur additional costs, calculated based on weight and size to your destination. Shipping charges will be added to your order OR pick up from our Warringah Mall Store, Sydney.
Special order items
Special order items cannot be returned or exchanged unless faulty. Delivery times vary from a few days to 12+ weeks, a staff member will contact you to advise.
All items will be sent in one shipment as soon as all products are available (product availability is listed with each item if delayed). If you require multiple shipments, please contact Mall Music on 1300 861 669 so we can assist you.
Multiple shipments will incur additional charges.
Dispatch from our warehouse is every Monday, Wednesday and Friday. [Additional dispatches arranged for peak periods of the year].
Please be aware that we are receiving online orders 24 hours a day, therefore the item you have selected may have sold out between updates of stock availability on the website.
If the item you have selected has sold out we will attempt to contact you immediately on the email address and telephone numbers provided with your order.
Please understand that a delay may occur if your credit card was declined or if your address requires verification due to insufficient information.
Non-metropolitan or remote areas may require an additional day(s) delivery time.
Delivery of Your Goods Within Australia
All parcels need to be signed for on delivery, so we recommend use of a business address if there will not be someone home during business hours. If your parcel cannot be delivered you will receive a notification card and you will need to make alternative arrangements for collection with the courier. If not collected, it may be returned to Mall Music and any re-delivery charges will be charged to the customer.
You may elect to provide delivery instructions and an "authority to leave". Please only do this if there is a secure area to do so. Mall Music are not responsible for your order once it has been delivered with your authority to leave or not signed for by someone at your premises.
You can check on the progress of your delivery any time using the link sent to you via email upon dispatch of your order. If at any time you are concerned about your delivery you can email email@example.com or phone 1300 861 669.
Privacy at Mall Music.com.au
Your privacy on the Internet is of great importance to us. Like all websites, we gather information about the users of Mall Music.com.au we would like you to understand the terms and conditions surrounding the capture and use of this data.
If you remain in any way unsure, please contact us.
This privacy statement (this "Statement") discloses the privacy practices for www.mallmusic.com.au (the "Website") - the information we gather and how we use it. This Statement only addresses the activities from our servers. Other sites (including those to which the Mall Music site links and third party sites or services) may have their own privacy policies and practices, which we do not control.
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect Mall Music or its users.
General Privacy Information
www.mallmusic.com.au may contain links to partners, advertisers and third party Internet sites and services that may collect data in connection with promotions, e-commerce, etc. They each have separate privacy and data collection practices; independent of Mall Music. Mall Music has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites.
Please keep in mind that whenever you publicly disclose personal information on any online service or Web site - for example on message boards, through email, or in chat areas - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your personal information, www.mallmusic.com.au cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. You are solely responsible for any account information you may chose to pass over the internet and via email. Please be careful and responsible whenever you are online. One simple way for added security is to split the required data over two emails, if you choose to forward credit card information via email, and/or write the credit card numbers in words, i.e.; four five six seven…
Use of information
www.mallmusic.com.au will not disclose any information about any individual without the individual's consent, except to comply with applicable law or valid legal process. There may be cases in which some of your personal information may be used by www.mallmusic.com.au to target e-commerce promotions and telemarketing activities. In addition, it may be shared with third parties who assist www.mallmusic.com.au in producing its Web sites or provide a service to www.mallmusic.com.au users.
We shall share your personal data with companies and organisations in order to enable us to perform credit checks and you hereby consent to us so doing. You should not send any information or material that you consider to be confidential or proprietary, to Mall Music or any other person, through this Site. Any information or material sent to Mall Music at, or through this Site, is deemed to be not confidential. You are deemed to grant to Mall Music an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. Mall Music is free to use any ideas, concepts, know-how or techniques that you send to Mall Music, for any purpose.
Contacting the Website
If you have any questions about this Statement, the practices of www.mallmusic.com.au with respect to personal information or your dealings with this Web site, you can contact us at firstname.lastname@example.org or telephone 1300 861 669.
You must comply with all proprietary and copyright notices on this site. This website is owned by Mall Music and its associates, and subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means: (a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site; (b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or (c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of Mall Music .
Any software which you download from this Site is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by downloading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.
All trademarks, brands and names appearing on this site are the property of their respective owners.
Nothing contained on this Site should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the Site without the express written permission of Mall Music or third party owner.
All third party trademarks mentioned or displayed on this Site are the property of their respective owners.
© 2013 Mall Music All Rights Reserved. Not to be reproduced in any form or manner.
Last Updated 12/9/13