Terms of Service
These terms and conditions apply to the use of this website and the ordering, purchase, fulfillment and delivery of products from www.mbquartau.com.au
Please read the following terms and conditions carefully before placing your order or using www.mbquartau.com.au These Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability.
Products which are offered and supplied by the Australian / New Zealand distributor Connected Audio Visual PTY LTD are referred to herein as MB Quart products.
These Terms and Conditions constitute a contract between you, the customer, and Connected audio Visual.
- In these Terms and Conditions We, Our or Us means Connected Audio Visual; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
- By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for use of the website and or the supply of Products.
- The Agreement together with Your Order constitutes the entire agreement between us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
If you are under the age of eighteen (18) years you cannot place Orders with Connected Audio Visual. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
- You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
- The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
- You must take your own precautions to ensure that your process 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. We take no responsibility for any such damage which may arise in connection with your use of the website.
- Social Media
- Connected Audio Visual/ MB Quart Australia / New Zealand uses a number of social media sites (e.g. YouTube, Facebook, Instagram); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.
- Connected Audio Visual does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on Sites or Connected Audio Visual/MB Quart social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.
- Users must not post or upload any comment, content or link to the Sites or Connected Audio Visuals social media sites which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.
- Connected Audio Visual may moderate user-posted content and may remove any content that, in Connected Audio Visual's opinion, is inappropriate. While we review content regularly, there may be times when inappropriate content may be visible before it is removed.
- Connected Audio Visual does not undertake to inform users when such content has been moderated or removed. Connected Audio Visual may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion.
- Connected Audio Visual may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns) at any time in the future, and via any media;
- Connected Audio Visual does not accept any responsibility or liability where content is downloaded from the Sites, or in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Connected Audio Visual does not accept any liability for such actions;
- Use of this website for any of the following is prohibited: Receiving, accessing, or transmitting any material that is offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful; Uploading files that contain viruses or are corrupted and may damage the operation of other computers or systems; Disturbing the public order; Criminal acts; Uploading or distributing any third parties' private information; Use for any commercial purpose; and Any other activities that are unlawful or prohibited by the law of the jurisdiction in which you are located.
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
- Prices displayed on the website are subject to change without notice. Once an order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except: by agreement between You and Us in writing or by email; or in accordance with clause 7.4.
- Delivery Costs
All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order. All customer orders are delivered to Connected Audio Visual Authorised Dealer or yourself if purchased through our website.
- Authorised Dealer Pricing
Prices posted on the MB Quart website are based on Connected Audio Visual suggested retailed prices and may differ from the prices our authorised dealers are advertising. The suggested retail price is provided as an indication only and there is no obligation upon Connected Audio Visual authorised dealers to comply with such price. Although we make every effort to provide accurate information on the website, errors may occasionally occur. Prices and availability are subject to change without notice and all prices are inclusive of GST
- Pricing and GST
Connected Audio Visual always seeks to list Products with the most competitive prices. Connected Audio Visual reserves the right to change prices for Products displayed by at Connected Audio Visual any time. At Connected Audio Visual we make every effort to maintain prices, however factors beyond our control (such as changes in foreign currency exchange rates, changes in base material costs etc.) may vary cost and we reserve the right to amend prices accordingly and without notice. All prices include Australian / New Zealand Goods & Services Tax (GST) of 10%.
We do not give any assurance that any information on this website will be accurate or that any product will be suitable for your purposes or that it will be error free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments. The information contained on this MB Quart Online Store is subject to change without notice. Further, all prices quoted on this MB Quart Online Store are indicative prices only. Products may differ in appearance from the pictures appearing on this MB Quart Online Store.
Connected Audio Visual, its agents and employees will not be liable for any loss or damage arising directly or indirectly from the possession, publication or use of or reliance on information obtained from this MB Quart online store web page. Such information is provided in good faith without express or implied warranty.
- Features and specifications of products described or depicted on the website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by us and a Purchase Contract formed under clause 6.
- All weights and dimensions of Products described in the Website are approximate. All screens and all screen images contained on the Website are simulated unless otherwise indicated.
- You may place an order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
- Orders will be deemed to have been received by Connected Audio Visual at the time Connected Audio Visual sends an Order confirmation to your nominated e-mail address. We do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud. Connected Audio Visual reserves the right to refuse service, remove or edit content, terminate Order/s, or change Order/s at its sole discretion.
- Connected Audio Visual will primarily communicate with customers via e-mail. It is the customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
- Connected Audio Visual reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
- In the event of a cancelled Order, funds paid in relation to that order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
- Connected Audio Visual does not accept any responsibility for orders that are declined, delayed or not accepted due to disruptions with internet connections.
- Connected Audio Visual shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Connected Audio Visual (or its affiliates), and Connected Audio Visual shall be entitled to a reasonable extension of time for the performance of such obligations.
- Where you have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
- Product Availability
New Products - Occasionally, due to circumstances beyond our control, new products may be delayed from the time they are displayed on the online Store. These will be marked with the description 'Coming Soon' and you will be able to order the product before stock arrives.
Temporarily out of Stock - There may be times when we cannot supply an item. Mostly, it is only out of stock for a short period of time
- You may provide your nominated credit card during the purchase process described on the Website. Connected Audio Visual currently accepts PayPal, credit card via PayPal and credit card direct with Connected Audio Visual PayPal which accepts Visa and MasterCard credit cards. If your PayPal payment is funded by an e-cheque this may substantially delay processing your Order while payment clears.
- Payment for Orders will be processed upon confirmation of Your Order.
- If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until Your Order has passed our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
- Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If we have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact you before shipping to request whether you want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send you the Product, or where the higher incorrect price has been charged, we will refund the price difference and send you the Product.
- International orders are not permitted. Shipping is Australia / New Zealand only.
- Credit Card Fraud
Whilst Connected Audio Visual employs the latest in security technology software for its transactions with our customers, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Delivery and ownership of the goods
- We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Connected Audio Visual does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
- The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Connected Audio Visual Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Returns Policy at any time prior to dispatch of the Product(s).
- Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
- The couriers or postal services nominated by Connected Audio Visual will deliver Products during local business hours (9am to 5pm, Monday to Friday).
- Connected Audio Visual s not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Connected Audio Visual (as notified to the Customer) in relation to date and time of delivery. Connected Audio Visual shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
- Connected Audio Visual reserves the right to not ship to remote or rural locations.
Faulty or damaged goods
Connected Audio Visual will repair, replace or refund faulty or damaged products in accordance with the Warranty Terms and Conditions and Your rights under the Australian / New Zealand Consumer Law.
Refunds and returns
- We are not obliged to give you a refund for functioning goods in the event that you change your mind. We will however, replace or repair faulty goods, if the goods are accepted by us as Faulty On Arrival (FOA).
- Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian / New Zealand Consumer Law.
- Refunds are strictly limited to those available under clauses implied by statute.
- The Customer must comply with directions from staff to facilitate a return.
- Returned Products, under the Returns Policy must be returned in their original MB Quart packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian / New Zealand Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian / New Zealand Consumer Law, you may be able to return the Product without its original MB Quart packaging.
- Subject to clause 10.8, it is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for products lost in transit.
Where you are returning a product to us because of our failure to comply with a consumer guarantee, you must return the product to us at your cost unless the product cannot be returned, removed or transported without significant cost to you because of:
- the nature of our failure to comply with the consumer guarantee, or
- the size or height, or method of attachment, of the Product.
Where you are returning a Product to us, we take no responsibility for a product lost in transit.
If subsection 10.7.2 applies, we will, within a reasonable time, collect the products at our expense.
- We will replace or repair goods found to be faulty but goods are sold subject only to statutory warranties. Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
- Warranty does not cover any product not distributed by Connected Audio visual Pty Ltd in Australia / New Zealand or purchased from a dealer appointed and authorised by Connected Audio Visual Pty Ltd
Warranty does not cover the following;
- Damage occurring during shipment to Connected Audio Visual or any Connected Audio Visual dealer or retailer. Damage during shipping is your or the carrier's responsibility and insurance is highly recommended.
- Damage caused by accident, abuse, negligence, misuse, improper connections, improper operation, or failure to follow the instructions on the owner's manual.
- Damage caused by acts of god, including without limitation, earthquake, fire, flood, storms or other acts of nature.
- Service performed by unauthorised person, company, organization or service agent.
- Any product which has had the serial number removed, detached or defaced.
- Any product which has adjusted, altered or modified without Connected Audio Visual consent.
- Any product not distributed by Connected Audio Visual Pty. Limited in Australia / New Zealand.
- Any product not purchased through a dealer or retailer appointed and authorised by Connected Audio Visual Pty. Limited.
- Any product that has been determined to contain an excessive amount of dust or dirt or unreasonable environmental conditions.
- We will carry spare parts for each product for a reasonable period, which we consider generally corresponds with the length of the Statutory Warranty period. Connected Audio Visual reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.
- Faulty On Arrival (FOA) Claim
Connected Audio Visual will repair or replace items accepted by it as Faulty On Arrival (FOA). FOA claims must be made within 3 business days of receipt by you of the item. If the item is identified and notified to us within 3 business days of receipt by you we will, at our discretion, repair or replace the product, subject to proof of the fault.
To report a Faulty On Arrival (FOA) you must email email@example.com within 3 business days of receipt of the item.
In order for a replacement or repaired item to be sent, the faulty item must first be posted back to Connected Audio Visual at the senders expense. Connected Audio Visual does not accept any liability beyond this for consequential loss. The original Tax Invoice must accompany the faulty product when shipped back for a FOA claim to be processed.
FOA items must be sent to:
Connected Audio Visual Pty Ltd
c\- Warranty Dept
4 Woolworths Avenue
Lake Illawarra NSW 2528
A faulty product must be received by Connected Audio Visual not later than 7 business days after you have reported the faulty item to Connected Audio Visual.
A faulty product claim is subject to Connected Audio Visual being satisfied that a defect was caused by defective workmanship or materials and was not caused by or was not substantially contributed to by other factors beyond our control, including (but not limited to) rough handling, care instructions not being followed, alterations or modification to the product in a manner not recommended by the manufacturer, incorrect installation or any neglect, misuse or excessive use.
If a faulty product is received by Connected Audio Visual and is found by Connected Audio Visual not to be a legitimate fault as described and reported to Connected Audio Visual by the buyer, Connected Audio Visual will ship the product back 'as is' to the sender at the senders expense, and no further correspondence will be entered into.
Replacement or repaired goods sent to the buyer will be at the expense of Connected Audio Visual
- Computer Hardware - Exclusions and Limitations
Connected Audio Visual is 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. Recovery and reinstallation of system, and application software and user data are not covered under any Connected Audio Visual warranty.
Connected Audio Visual will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, 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 any Connected Audio Visual computing media Product, or any computing hardware Product or computing part contained within a Product and any failure to maintain the confidentiality of data stored on the Product. Connected Audio Visual specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data.
Where a computing Product needs to be returned to Connected Audio Visual for replacement or a refund, Connected Audio Visual will in no manner whatsoever be responsible for any data you may leave on the computing Product and you should make a backup copy of such data before returning the item.
To the extent permitted by law, we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian / New Zealand Consumer Law.
All Intellectual Property in any Material on the Website is the property of Connected Audio Visual Pty Limited. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
Connected Audio Visual uses technical, physical, and administrative measures to protect your PII from unauthorised access, accidental loss, and/or theft. Only authorised personnel or agents are allowed to handle any PII information that Connected Audio Visual collects. Such PII is stored in password-protected, secure environments that can only be accessed by authorised personnel. However, Connected Audio Visual accepts no responsibility for any unauthorised access or loss of personal information that is beyond our control during transmissions over the Internet.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Connected Audio Visual. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any court to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions shall not be affected thereby.
Where, under the Trade Practices Act 1974 ("Act") and any other state or federal legislation, implied conditions and warranties cannot be excluded, any liability in Connected Audio Visual for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of Connected Audio Visual, to the replacement of the Product or the re-supply of the same Product, the payment of the cost of replacing the Product or of acquiring an equivalent Product.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Connected Audio Visual reserves the right to change the Terms and Conditions of sale at any time.
Connected Audio Visual/ MB Quart logos and trademarks are copyright to Connected Audio Visual, Inc. Official Connected Audio Visual/ MB Quart or inventions offered for sale on this website are copyright to Connected Audio Visual Pty. Limited. Duplication of any Official Connected Audio Visual Merchandise product or Connected Audio Visual invention is strictly prohibited. All rights reserved.
No part of this MB QuartAU Online Store may be reproduced in any form without express written permission from Connected Audio Visual.
- Restrictions on the use of Materials
Connected Audio Visual and MB Quart logos and trademarks are copyright to Connected Audio Visual, Inc. Official This web site, including all contents, graphics, sound, musical recordings, code and software used on or incorporated into it, and the arrangement or integration of all such content, graphics, sound, musical recordings, code and software, are subject to copyrights held by or licensed to Connected Audio Visual, Inc. and/or its corporate affiliates, and all rights thereto are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes, and any such copies must bear the copyright notice included on each web page. Any other use of this website, or content or information contained on this website, is strictly prohibited without the prior written consent of Connected Audio Visual.
- Proprietary Rights
Connected Audio Visual/ MB Quart and the names, images, and pictures identifying Connected Audio Visual products and services are the proprietary marks of Connected Audio Visual. These marks, and any imitation of such, may not be used in any manner or for any purpose without the prior written consent of Connected Audio Visual. Nothing contained on this website shall be construed as conferring in any manner any license or right under the proprietary rights of Connected Audio Visual or any third party.
- Force Majeure
Connected Audio Visual shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Connected Audio Visual and Connected Audio Visual shall be entitled to a reasonable extension of time for the performance of such obligations.
- Title and risk in the Connected Audio Visual Products pass to you at the point of dispatch or delivery by Connected Audio Visual to Your courier.
Connected Audio Visual reserves the right to make changes to the MB Quart Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
- Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
- A failure or delay by Connected Audio Visual to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Connected Audio Visual does not preclude its future ability to exercise that or any other power or right.
- Insofar as they apply to the ordering, purchase, fulfillment and delivery of MB Quart Products from www.mbquartau.com.au these Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of NSW, Australia / New Zealand and the parties submit to the jurisdiction of the courts in that State.
- The Sites may be accessed in Australia / New Zealand and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia / New Zealand. If you access the Sites from outside Australia / New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites.
- No Connected Audio Visual employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
- Material Download Information
- The right to use the Material is granted personally to you. You agree not to modify, reproduce, redistribute, rent, assign, lease, lend, sell, transfer and/or use the Material for commercial purposes, except as permitted by Connected Audio Visual, its licensors, or applicable third parties, laws or regulations.
- You agree not to duplicate, decompile, disassemble, reverse engineer, sublicense, or attempt to derive the source code of, or create derivative works of the Material, or any part thereof except as and only to the extent of any restriction prohibited by law. Any attempt to do so is a breach of the rights of Connected Audio Visual and its licensors. If you breach this restriction, you may be subject to prosecution.
- You further agree not to use the Material in any manner to harass, abuse, threaten, defame or otherwise infringe or violate the rights of any other party, and that Connected Audio Visual is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal conduct as a result of using any of the Material.
- If you fail to comply with any of these terms, you shall immediately cease use of the Material, and delete and/or destroy the Material.