Terms & Conditions

TERMS AND CONDITIONS OF SALE

 

DISCLAIMER OF LIABILITY

GENERAL DISCLAIMER

WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS IN ASSOCIATION WITH USE OF THIS WEBSITE OR A LINKED WEBSITE. THIS GENERAL DISCLAIMER IS NOT RESTRICTED OR MODIFIED BY ANY OF THE FOLLOWING SPECIFIC WARNINGS OR DISCLAIMERS.

SPECIFIC WARNINGS AND DISCLAIMER

The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own safeguards to ensure that whatever you select for your use from this website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be amended. We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

This website and all associated products are owned KontraBand Headphones Pty Ltd.

Under no circumstances (including but not limited to any act or omission on the part of KontraBand Headphones Pty Ltd) will KontraBand Headphones Pty Ltd be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website. To the fullest extent permitted by law, KontraBand Headphones Pty Ltd's liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of KontraBand Headphones Pty Ltd to the following: in the case of services supplied or offered by KontraBand Headphones Pty Ltd, which are not of a kind typically acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by KontraBand Headphones Pty Ltd, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired. In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.

The Terms of Use are effective until terminated by KontraBand Headphones Pty Ltd and KontraBand Headphones Pty Ltdmay terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

PAYMENTS

All transactions are secure and encrypted, and we never store your credit card information.  All credit/debit card transactions on the KontraBand Headphones Pty Ltd website are processed using Shopify, AfterPay and PayPal. Payment information is also governed by Shopify, AfterPay and Pay Pal's privacy policies. 

GENERAL TERMS

1 EXCHANGES, RETURNS & WARRANTY (6 month product Warranty)

1.1 Subject to the rights granted to you by statutory consumer protection legislation, KontraBand Headphones Pty Ltd does not offer refunds or exchanges for change of mind.
1.2 Product faults are warranted for 6 months from the date of purchase (proof of purchase is required). See Warranty Page for more information. 
1.3 Under no circumstances will KontraBand Headphones Pty Ltd be liable or issue a refund if the product is not delivered in time for travel or other purpose. Please allow ample time for delivery. The time frames quoted on this site and given by staff are a guide only and can be affected by many factors. Next day delivery (Express Post option) is not guaranteed and you should contact us and receive confirmation that next day delivery is possible before ordering. 

2 LIMITATION OF LIABILITY

2.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury, death or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

3 RISK

3.1 Title of the purchase will pass to you on receipt of full payment from you or when you receive the purchase, whichever happens later.
3.2 Risk of loss or damage to the purchase will pass to you when we provide the purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery. We are not responsible for delivery once the product has been transferred to the third-party delivery service (Couriers Please or Australia Post), and CANNOT guarantee the delivery time frame.
3.3 Where we send you the delivery tracking number by email, and you claim that you have not received delivery, you must first contact Couriers Please or Australia Post. You are responsible for tracking your item/s and will be liable for re-delivery fees should you not collect the item on time.

3.4 KontraBand Headphones Pty Ltd will not be responsible or liable for any misplaced calling cards.  

3.5 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, we make no representations to you in respect of your use of the product. KontraBand Headphones Pty Ltd provides no warranty as to any results or outcomes associated with using the product. We highly recommend contacting your carrier and investigating any specific policies they may have that may affect your use of the product.
3.6 You expressly acknowledge that KontraBand Headphones Pty Ltd's products should be used under direct adult supervision always and follow our safety guidelines.
3.7 You expressly acknowledge that your use of our products is at your sole risk.

4 PRIVACY

4.1 As with all of your personal information that we hold on our website, KontraBand Headphones Pty Ltd will not provide this information to third parties without your consent, except where:
(a) such disclosure is permitted under the Privacy Act 1988;
(b) KontraBand Headphones Pty Ltd is required by law to disclose information to third parties; or
(c) KontraBand Headphones Pty Ltd has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on their behalf.