1. DEFINITIONS AND INTERPRETATIONS
In these terms and conditions of supply unless the context otherwise requires .
1.1 .the Seller. means MyVideoStore.com.au.
1.2 .the Buyer. means the person, firm, or body corporate purchasing or offering to purchase Goods from the Seller.
1.3 .the Goods. mean the items described in the invoice and purchased by the Buyer pursuant to the Conditions of Supply.
1.4 The singular number includes the plural number and the masculine gender includes the feminine gender and the neuter gender and vice versa.
1.5 A covenant, agreement or obligation on the part of more than one person shall be deemed to be entered into by those persons jointly and each of them severally.
1.6 The headings are for reference purposes only and shall not affect the construction of these terms and conditions of supply.
2.1 These conditions shall be deemed incorporated in each agreement between the Seller and the Buyer for the supply of the Goods and to the extent that these conditions or any of them conflict or are inconsistent with any terms and conditions express or implied these conditions shall prevail.
2.2 MyVideoStore.com may contain links to other websites. These links are provided for convenience only, and may not be current or be maintained. MyVideoStore bears no responsibility for the content or privacy practices associated with linked websites, and the user clicks on them at their own risk.
2.3 All Intellectual Property in any Material on the website is the property of MyVideoStore, its advertisers or third party providers. Unless expressly authorised under this Agreement, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
2.4 A failure or delay by MyVideoStore to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by MyVideoStore does not preclude its future exercise or the exercise of any other power or right.
3. CUSTOMER ACCOUNT
3.1 You must create an Account before placing an Order for Goods through the Website.
3.2 You warrant that all information and data provided by you in the creation of your Account is accurate and up to date.
3.3 You must notify MyVideoStore immediately if you become aware of any unauthorised use of your password or of any other security breach relating to your account.
3.4 MyVideoStore bears no responsibility for any unauthorised use of a User Account.
4.1 All orders for goods placed by the Buyer and accepted by the Seller shall be treated as offers for the purchase of the Goods so ordered or each part thereof as the Seller has available and shall be fulfilled by the Seller accordingly.
4.2 On fulfilling only part of any order, the Seller shall advise the Buyer which of the Goods not being supplied are temporarily unavailable.
4.3 The Seller reserves the right to change its terms and conditions of supply of the Goods and prices at any time.
4.4 The Buyer shall not cancel any order received by the Seller without the written consent of the Seller first being obtained. Cancellation of Orders must be made in writing. No cancellation will be accepted after goods have been dispatched.
4.5 If the buyer inadvertently places a duplicate order and does not advise the Seller before shipment, no return will be accepted. In the event of the Seller agreeing to accept a return of Goods these shall be returned to the Seller at the expense of the Buyer and the Seller shall credit the Buyer.s account with an amount equal to eighty five (85) percentum of the invoiced value of the returned Goods PROVIDED THAT the Goods are returned in the same condition.
5.1 All Goods dispatched in fulfillment of an order will be delivered to the Buyer at the address specified as the nominated delivery address.
5.2 An order will be fulfilled to the extent that the Goods are available. The Goods included in each delivery to the Buyer shall be treated as sold under a separate contract and shall be accepted by the Buyer as such.
5.3 Unless expressly so advised in writing by the Buyer to the contrary, the Seller is authorised to arrange delivery on behalf of the Buyer. It is expressly acknowledged by the Buyer that all costs of delivery shall be borne by the Buyer.
5.4 The Seller reserves the right to vary delivery dates in circumstances where delays have arisen through causes beyond the Seller.s control and the Buyer agrees to accept delivery on revised delivery dates notified by the Seller as though such dates have been those originally agreed upon.
5.5 MyVideoStore will use its best endeavours to deliver the Goods to your nominated delivery address within the time period specified at the time of placing your order, however MyVideoStore will not be liable to you or anyone else for any losses suffered or incurred due to delay.
6.1 The Buyer shall notify the Seller in writing within 24 hours of delivery of any shortages of Goods delivered and unless the Seller is so notified, the Buyer shall not be entitled to make any claims in respect of any such shortages.
6.2 The risk in the Goods shall pass to the Buyer during delivery and the Buyer shall be liable for all loss of, or damages to the Goods occurring during or after delivery.
6.3 MyVideoStore takes no responsibility for the content of any Goods purchased through the website.
6.4 You warrant that if your Order includes Restricted Material, you are eligible to purchase such Goods.
6.6 Your Order will be submitted by completing payment details and pressing the .Complete Order. button. Orders will be deemed to have been received by MyVideoStore at the time MyVideoStore sends an Order confirmation to your Securemail account.
6.7 You acknowledge that the Internet can be an unstable and sometime insecure marketplace. At time the website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances MyVideoStore accepts no responsibility.
7.1 The price of the Goods shall be as per the details made available on MyVideoStore and the invoice.
7.2 The Seller shall invoice the Buyer for the price of the Goods dispatched in fulfillment or part fulfillment of an order.
7.3 You may provide your nominated credit card details during the purchase process described on the website.
7.4 Once your nominated Goods within your Order are received from suppliers and are ready for despatch, MyVideoStore will process payment for the Goods (plus any delivery charges) using your nominated credit card (Visa or Mastercard)
7.5 You authorise MyVideoStore to debit such amount from your nominated credit card.
7.6 If your nominated credit card is declined by your financial institution, MyVideoStore will not be able to guarantee the delivery of the Goods, and may contact you to make alternative payment and delivery arrangements.
7.7 MyVideoStore may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment by another method that is acceptable to MyVideoStore.
7.8 All transactions will be in Australian Dollars ($AUD) except where stated.
8. WARRANTIES AND EXCLUSIONS
8.1 Subject to any specific terms and conditions herein, all warranties, conditions and/or representations (including collateral or antecedent warranties, conditions and/or representations and whether implied by statute or otherwise at law) in respect of the quality, fitness or suitability to fulfil the purpose, merchantability and/or characteristics of the Goods are hereby negatived and excluded and shall in no way whatsoever form part of these terms and conditions of supply of the Goods.
8.2 Any conditions or warranties implied by the Trade Practices Act 1974 or other terms which may be implied in these terms and conditions by other legislation and have application hereto are not affected by the exclusions specified herein.
8.3 In no event shall the Seller.s liability to the Buyer for any loss or damage of any kind or nature in any event exceed the total amount actually received by or payable to the Seller by the Buyer in respect of a particular order which gave rise to the claimed loss or damage.
8.4 No claims of any kind and nature (except those otherwise specifically permitted by these terms and conditions) shall be recognised by the Seller unless made in writing and notified to the Seller by the Buyer within seven (7) days of delivery of the Goods to the Buyer.
9. FAULTY OR DAMAGED GOODS
9.1 MyVideoStore will use its best endeavours to repair or replace any faulty Goods, or Goods damaged prior to delivery.
9.2 The buyer shall inspect the goods on delivery and shall, within seven (7) days of delivery notify the seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The buyer shall afford the seller an opportunity to inspect the goods within a reasonable time following delivery if the buyer believes the goods are defective in any way. If the buyer shall fail to comply with these provisions, the goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
9.3 The Buyer must notify the Seller their intent to return via firstname.lastname@example.org or via Securemail, and have received written authorisation from the Seller to do so.
9.4 For defective goods, which the seller has agreed in writing that the buyer is entitled to reject, the seller.s liability is limited to either (at the seller.s discretion) replacing the goods or repairing the goods, provided that:
a) The buyer has complied with the provisions of Clause 9.2
b) The goods are returned at the buyer.s cost within seven (7) days of the delivery date.
c) The seller will not be liable for goods which have not been stored or used in a proper manner.
d) The goods are returned in the condition in which they were delivered and with all packaging material, brochures and instructions in as new condition as is reasonably possible in the circumstances.
9.5 The seller may (at its discretion) accept the goods for refund to the buyer, but this may incur a handling fee of 10% of the value of the returned goods plus any freight.
9.6 Damaged or faulty Goods will be repaired or replaced (at the discretion of MyVideoStore) or where repair or replacement of damaged or faulty Goods is not possible (in the opinion of MyVideoStore) a full refund will be issued for the value of the damaged or faulty Goods.
10. CANCELLATION BY THE SELLER
10.1 The Seller reserves the right to cancel or vary any order prior to delivery for any reason whatsoever AND these terms and conditions of supply shall continue to apply so long as any sum remains owing by the Buyer to the Seller.
11. GOVERNING LAW
11.1 This Agreement and the rights and obligations of the parties herein shall be governed by and construed in accordance with the laws of the State of Victoria and the parties submit to the non-exclusive jurisdictions of the Courts of that State.