All sales of M8audio products and services (“Products”) to customers are subject to these Terms and Conditions of Sale (“Terms and Conditions”). M8audio Pty Ltd. is sometimes referred to herein as “we” and “us”. The customer is sometimes referred to herein as “you”. These Terms and Conditions and any and all terms set forth in the Order Confirmation Email or letter (“Order Confirmation”) issued by us set forth the entire understanding and agreement between you and us, and supersede any and all oral or written agreements or understandings between you and us as to the subject matter of these Terms and Conditions. These Terms and Conditions may not be changed or altered in any way without our prior written consent.
2. Acceptance of Orders
Any Orders placed with us is conditioned upon your agreement to these Terms and Conditions. Your placement of an Order manifests your assent to these Terms and Conditions. Terms imposing any different or additional obligations are expressly rejected. You may only place an Order using the Web Site. We will not accept Orders placed in any other way.
When you place your Order, we will issue you a Order Number and Order Confirmation. A Order Confirmation is issued for reference purposes only and does not constitute our acceptance of your Order.
We will make reasonable efforts to supply you with the Product(s) listed on the Order Confirmation. If we cannot supply you with the Product(s) listed on the Order Confirmation, we will make reasonable efforts to contact you to suggest alternative Product(s). If you do not wish to purchase an alternative Product(s), we will cancel that portion of your Order relating to the unavailable Product(s) and refund you the actual price you have paid to us for the unavailable Product(s). We reserve the right at any time to discontinue the production or sale of any of our Products and to change the design of our Products and any parts thereof. You agree that you have no claim against us or any of our agents or affiliates for failure to furnish such Products, whether or not such Products are of a model, design or type previously sold.
Information contained in our advertisements, brochures, other written materials or websites, or information given to you by our agents or employees, constitutes an invitation to bargain only, and does not constitute an offer by us to supply any Product(s).
International orders do not include local taxes and duties. It is the responsibility of the customer to pay local taxes and duties. Normally the shipping company will make contact to the customer prior to delivery to settle any outstanding taxes and duties. Orders for delivery within Australia include sales tax (GST) as required by law.
We reserve the right at any time to correct any mistakes in price. If a mistake in price is made, we will, at our sole discretion, either: 1) make reasonable efforts to notify you of the mistake and will offer you the option to purchase the Product(s) at the correct price or a full refund for the portion of your Order relating to the erroneously priced Product(s); or 2) reject your Order. You will receive a notification with or prior to the delivery of the Product(s). You agree that you have no claim against us or any of our agents or affiliates for failure to furnish such Products at the erroneous price, and that our liability is limited to the actual price paid by you to us for the Product(s).
Payment for the Product(s) must be made via one of the approved methods of payment as listed on the Web Site and modified from time to time.
If you pay by credit card, you must supply your credit card details when you place your Order. Your credit card will be charged at the time of order or upon shipment of the Product(s). Shipment of the Product(s) is conditioned upon the credit card issuer’s authorization of use of the card for payment. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation. To ensure the credit, debit or charge card is not used without its holder’s consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms and Conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a credit bureau, which may keep a record of such information. Disclosure of such information is made only to confirm the card holder’s identity.
6. Voucher Codes
On occasion M8audio may release Voucher Codes as incentives or as personal vouchers. Voucher Codes are strings of letters and numbers that can be used as a means of payment or to enable a discount to be applied to your order as specified in the communication through which they were granted. To apply the Voucher Code online enter it as requested during the Check Out process. The voucher will then be applied to your order, subject to the terms and conditions below:
- Voucher Codes are only valid on full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated.
- Voucher Codes cannot be used in conjunction with any other offer.
- Voucher Codes are valid for a limited period of time as specified in the communication through which they were granted, they cannot be used outside of that period.
- Voucher Codes are for use by the intended recipient only and proof of entitlement may be requested.
- All orders are subject to acceptance and any improper use of voucher codes may result in the cancellation of your order.
- All orders are subject to stock availability and we reserve the right to withdraw, amend or extend vouchers at any time, without prior notice.
Orders will not be accepted and Products will not be delivered to any address outside of the list of countries supplied. The list of countries supplied may be changed from time to time. Subject to the foregoing, all Products will be shipped to the delivery address listed on the Order Confirmation. If your Order contains several Products, such Product(s) may be delivered on different days. Smaller items may be shipped by regular mail and may not be tracked. All Product(s) are sold F.O.B. Destination, freight pre-paid. We pay the freight.
If you are not satisfied with your purchase for any reason what so ever, simply notify us within thirty (30) calendar days of the delivery date and we will issue a full refund upon return of the Product(s). Notwithstanding the foregoing, returns may not be made for personalized Products made in accordance with your specifications.
Products must be returned in their original condition and preferably in their original and undamaged packaging. Non original packaging or damage resulting in loss of resale value will be deducted from the refund amount. Defective Products may be eligible for replacement or repair, subject to Section 13. To return your purchase, please contact M8audio to obtain a Return Material Authorization (“RMA”) number and Free Returns label. All Product(s) must be returned within fourteen (14) days of RMA issuance. We are not responsible for any Product(s) lost or damaged in transit.
You may cancel your Order at any time prior to shipment of the Product(s) by telephone or email.
For advice and guidance on set-up, installation and use of the Product(s), please refer to our telephone and email contact options listed on the contact page m8audio.com/contact.
We warrant all new Hardware to be free from defects in material and workmanship for a period of five (5) years for passive speakers and two (2) years for active speakers, subwoofers and electronics from the date of delivery. All purchases for the sale of Hardware Products are governed by our Warranty Terms and Conditions, which are hereby incorporated into these Terms and Conditions. Warranty Terms and Conditions are available for viewing at m8audio.com/warranty.
Notwithstanding the foregoing, you may have other additional rights that are specific to your country.
12. Entire agreement
These Terms and Conditions, together with the Order Confirmation, set forth the entire extent of our obligations and liabilities with respect to the supply of the Products. Terms imposing any different or additional obligations are expressly rejected. These Terms and Conditions and the Order Confirmation may not be altered or modified in any way without our prior written consent.
13. Limitation of liability
Except as otherwise expressly provided in these terms and conditions, in no event shall we or any of our representatives be liable under these terms and conditions to you or any third party for any consequential, incidental, indirect, exemplary, special or punitive damages, including any damages for business interruption, loss of use, data, revenue or profit, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not we were advised of the possibility of such damages.
Except as otherwise expressly provided in these terms and conditions, in no event shall our aggregate liability arising out of or related to these terms and conditions, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total amount paid (or payable) to us pursuant to these terms and conditions.
The foregoing limitations shall apply even if the non-breaching party’s remedies under this agreement fail of their essential purpose. Notwithstanding the foregoing, nothing in these Terms and Conditions shall limit or exclude any additional rights you may have under local or international laws.
14. Force majeure
If a shipment date is specified, that date will be extended to the extent that delivery is delayed by reason of fire, flood, war, terrorism, strike, natural disaster, or any other event beyond our reasonable control and if, as a result of such delay, the Product(s) are not available, we may substitute comparable goods. We are not responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control.
16. Customer Feedback
Following your purchase you may receive an email from Yotpo inviting you to complete a feedback form.
All or part of the completed feedback may be (a) uploaded onto the relevant information page of Yotps’s website for the sole purpose of informing (future) customers of your opinion of the product and service (level) and (b) (wholly or partly) used and placed by M8audio (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by us. The review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Please be aware that by submitting content to the Yotpo Website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions, you grant M8audio and/or linked website partners through whom we provide service a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.
You acknowledge that we may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. Personal information would be limited to the details you submit in your feedback and you can submit feedback anonymously.
You acknowledge and agree that Submissions are non-confidential and non-proprietary. Neither Yotpo nor M8audio take any responsibility nor assumes any liability for any Submissions posted or submitted by you.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to the Yotpo Website). You are prohibited from posting or transmitting to or from the Yotpo Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any goods or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Yotpo Website. You acknowledge that M8audio may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
17. Recertified products
Recertified Products consist of returned items which have been tested and updated to meet our high quality standards before being offered for resale. Recertified products may contain minor cosmetic flaws.
We will make reasonable efforts to ensure the description of the Recertified Product is accurate and any related images are fair representations of the Product you receive. We do not guarantee that the color and design as displayed on the Web Site will be an exact match with the Product you receive.
Recertified Products are subject to the same warranty provisions as new Products and are bound by these Terms and Conditions.
18. Contacting us
You can contact us by telephone or email using the contact options listed on the contact page of m8audio.com/contact.