This policy sets out the circumstances in which goods or services (“Goods”) supplied by Music First Pty Ltd (“Carlingford Music Centre”) to a customer (“you”) will be accepted for return.
AUSTRALIAN CONSUMER LAW
The sale of Goods by Carlingford Music Centre will be subject to certain laws including, without limitation, the Australian Consumer Law (“ACL”). Our Goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
This policy is in addition to any rights you have at law including under the ACL which is Schedule 2 of the Competition and Consumer Act, 2010 (“Act”).
NO CHANGE OF MIND RETURNS
Please choose carefully as Carlingford Music Centre does not accept the return of goods because you change your mind or make a wrong decision about Carlingford Music Centre’s goods or services.
USED / DEMO / DAMAGED / B STOCK
In some circumstances, Carlingford Music Centre may sell products that have are Second Hand, Demo (Demonstration or Floor Stock), B Stock (Items that have been returned, Supplier Returns [Sometimes know as Scratch & Dent] or have cosmetic damage) or have some particular fault. These items are covered by the ACL only where a fault or damage is not expressly described in the items description or at the time of sale.
In some circumstances, we are happy to offer our consumers a conditional courtesy return if consumers want to exchange products purchased incorrectly provided the:
• customer notifies Carlingford Music Centre within 7 days of receipt of delivery of the product;
• products are not opened, used and are still in pristine condition;
• customer accepts a minimum restocking fee of 20% of the purchase price;
• Carlingford Music Centre may reject the return upon inspecting the condition of the products and will return the products to the customer at the customer’s expense.
ASSESSMENT OF GOODS FOR RETURN
Carlingford Music Centre reserves the right to assess the eligibility of goods for return (including the condition and age of the goods) BEFORE accepting them as returned. All Goods which a customer wants to be assessed for return must be:
1. accompanied by proof of purchase from Carlingford Music Centre either by providing a receipt or other proof of transaction; and
2. unmarked and complete with instruction books and accessories such as remotes, controllers, power cords, batteries, battery chargers, connectivity cables and any other out of box accessories supplied as part of the purchase.
Please note that it may be necessary for the manufacturer of the Goods to inspect the Goods in order to assess eligibility for return. Carlingford Music Centre will endeavour to procure such assessment within a reasonable time.
While Goods are being assessed, Carlingford Music Centre will not be deemed to have accepted the Goods for return.
WHEN GOODS WILL BE ACCEPTED FOR RETURN
Except where required under the ACL or other applicable consumer protection laws or regulations, Carlingford Music Centre will accept Goods for return in accordance with this Returns Policy and only after assessment as set out above, where the Goods are returned in compliance with 1. and 2. above and:
1. fail to meet a consumer guarantee under the ACL; or
2. are subject to any express warranty given by:
(a) Carlingford Music Centre; or
(b) the manufacturer of the goods;
and the goods are returned in accordance with the terms of that warranty.
WHAT HAPPENS WHEN GOODS ARE ACCEPTED FOR RETURN?
Subject to any obligation of Carlingford Music Centre at law to the contrary, when Carlingford Music Centre accepts Goods for return:
1. for a failure to comply with a consumer guarantee which is not a “major failure”, Carlingford Music Centre may either:
(a) have the goods repaired or provide an identical replacement; or
(b) provide a refund of the amount paid for the goods;
within a reasonable time.
2. for a failure to comply with a consumer guarantee which cannot be remedied or a “major failure” (as defined in the ACL), you may either:
(a) reject the goods and choose a refund or identical replacement or one of the same type and similar value (if reasonably available);
(b) keep the goods and get compensation for any drop in value of the goods caused by the failure; or
(c) agree with Carlingford Music Centre to a repair of the goods; and
3. under express warranty, Carlingford Music Centre may either repair or replace the goods or offer a refund in accordance with the express warranty.
A “major failure” is defined in the ACL and broadly is one where a reasonable consumer would not have acquired the goods had the consumer been fully aware of the failure, the goods are unsafe, substantially unfit for purpose or departed significantly from the demonstration model or sample. In this regard, you should refer to the ACL.
If you reject goods purchased from Carlingford Music Centre in accordance with the ACL, you must return the goods to Carlingford Music Centre. If the goods cannot be returned without significant cost to you as prescribed under the ACL, you may ask Carlingford Music Centre to collect the goods.
If goods are accepted for repair, Carlingford Music Centre will undertake such repairs within a reasonable time. All repairs will be undertaken as prescribed under the ACL.
If you are entitled to a refund under the ACL, your refund will be issued by credit card, cheque, EFT or PayPal depending on your original payment method for the goods.
WHAT HAPPENS AFTER YOUR GOODS HAVE BEEN REPAIRED?
After your Goods have been repaired or replacement Goods become available, as the case may be, Carlingford Music Centre will contact you to make arrangements for delivery of your Goods. Carlingford Music Centre will only pay for the delivery of the Goods if they were repaired or replaced because of a major failure or if Carlingford Music Centre is required by law to meet the delivery cost.
Except where required under the ACL or other applicable consumer protection laws or regulations, the following products are not eligible for return:
- Electronic software downloads;
- Subscriptions to the software update programmes;
- Opened software where the applicable licence has been used, copied or disclosed;
- Gift Cards and recharge cards to the extent they have been used or expired.
- Any sheet music, DVD or CD physical or digital products.
Except where required under the ACL or other applicable consumer protection laws or regulations, opened software cannot be returned if it contained a seal with the software license on the outside of the package and you could read the software license before opening its packaging.
PRESCRIBED INFORMATION REGARDING REPAIR OF GOODS
Goods returned for repair which is capable of retaining “user-generated data” as defined under the Act, may as a result of the repair, be subject to loss of data.
Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair Goods.
ONLINE SALE RETURNS
The process for the return of Goods purchased from Carlingford Music Centre online is set out in this Returns Policy with the additional requirement that you need to first obtain a Return Authorization Number (“RA”) to identify your Goods.
If you purchased Goods online via Carlingford Music Centre’s website and you would like to return them, you should first contact our Customer Services Department on +61 2 9873 2333 who will give you a RA and indicate where the Goods should be sent for assessment of eligibility for return.
If you reside within NSW, you may return the Goods to a Carlingford Music Centre provided you first contact the Customer Services Department to obtain an RA and otherwise meet the requirements of this Returns Policy.
Before any manufacturer’s warranty claim, consumers are requested to make sure the product is:
• Not affected by being used incorrectly or in an abnormal way. Such a use may be noted in the warranty as rendering it void, or it may be a use that you wouldn’t reasonably expect the product to perform.
• Not disposed of, lost or destroyed. In other words, there needs to be proof that the product has failed.
• Not reduced in value by delay on the customer’s part. Customers should bring faults to Carlingford Music Centre’s attention soon after they occur.
Carlingford Music Centre is not a manufacturer or authorized service centre, therefore it is highly recommended that customers contact the manufacturer’s technical support directly for any troubleshooting or technical support advice before you return the product to us for a warranty claim. Some of these manufacturer provided support services are free and may provide you with expert technical advice. If the product is deemed faulty, in many cases, a tech support case number is assigned.
This can expedite the warranty process when lodging a warranty claim with Carlingford Music Centre or directly with the manufacturer.
Some manufacturers provide onsite or pickup and delivery services. These direct manufacturer services, in general, allow for a quicker turnaround of warranty claims.
Due to the Privacy Act, Carlingford Music Centre cannot apply for a warranty claim on the customer’s behalf directly with the manufacturer.
If the manufacturer directs you to return the product back to us then you should lodge a warranty request via the online RA service.
Please note: The actual manufacturer’s warranty process may vary for different manufacturers and/or suppliers, so we cannot provide an accurate timeframe of how long the process will take for a particular product in the first instance. Status updates are provided once further information is received from the manufacturers, their service centre or agents.
Carlingford Music Centre also reserves the right to apply any service fees for any warranty claims to cover all costs incurred including inbound & return freight, supplier/manufacturer service fees etc if the returned product is found to be not covered by warranty, the warranty has expired, or no fault is found or the item was physically damaged.
STATUTORY RIGHTS NOT AFFECTED
This Returns Policy will not affect your statutory rights including those under the ACL. To the extent of any inconsistency between this policy and your statutory rights, your statutory rights will take precedence.
If you have a question in relation to this Returns Policy or believe that Carlingford Music Centre or any of our staff have not observed your rights under the ACL, please do not hesitate to contact Carlingford Music Centre by writing to:
Music First PTY LTD
320 Pennant Hills Road
Carlingford NSW 2118
MUSIC FIRST PTY LTD
ABN 33 101 101 133