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TERMS AND CONDITIONS FOR GOODS ORDERED FROM THE JB HI-FI EBAY STORE

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and JB Hi-Fi Group Pty Ltd (ACN 093 114 286) (“JB Hi-Fi”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from the JB Hi-Fi eBay Store. By placing an order for Goods from the JB Hi-Fi eBay Store you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

  1. DEFINITIONS

    In these Terms and Conditions:

    “Additional Delivery Charge” has the meaning given in Section 3.4;

    “Delivery Charge” has the meaning given in Section 3.3;

    “eBay Account” means a personal account created by you on the http://www.ebay.com.au website;

    “Order” means an order for Goods, placed on the JB Hi-Fi eBay Store;

    “Password” means the password needed to access your eBay Account;

    “Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age; and

    “Website” means JB Hi-Fi eBay Store, being the http://stores.ebay.com.au/JB-Hi-Fi-Official website and related webpages.

  2. YOUR LEGAL RIGHTS

    Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that JB Hi-Fi represents they will be fit for and that the Goods will correspond with any description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

  3. PRICING & TAXES

    1. Prices for Goods are as shown on the Website.

    2. JB Hi-Fi reserves the right to change the prices of Goods at any time without notice to you. The price displayed on the Website at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by JB Hi-Fi.

    3. In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.

    4. In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you believe that you might live in such an area, you can contact Customer Service via www.jbhifi.com.au/contact-us or by using the “Ask a question” function of the Website for more information.

    5. By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any Additional Delivery Charge.

    6. All prices, Delivery Charges and Additional Delivery Charges quoted are in Australian dollars and are inclusive of GST.

  4. YOUR EBAY ACCOUNT

    1. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your eBay Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or eBay Account which takes place before you notify JB Hi-Fi, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

    2. If JB Hi-Fi suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or eBay Account which takes place before you notify JB Hi-Fi then you must pay JB Hi-Fi the amount of that loss, damage, cost or expense if JB Hi-Fi asks you to.

  5. ORDERS

    1. You can place an Order by following the instructions on the Website.

    2. An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. JB Hi-Fi may accept or reject your offer in its absolute discretion. In particular, but without limitation, JB Hi-Fi may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact commercial@jbhifi.com.au.

    3. Each Order that you place will, if accepted by JB Hi-Fi, be a separate and binding agreement between you and JB Hi-Fi with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

    4. If you place an Order for someone else to receive the Goods you must obtain their consent to disclose their personal information to JB Hi-Fi before providing JB Hi-Fi with their personal information and, by placing an Order, you confirm to JB Hi-Fi that you have done this.

    5. Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to JB Hi-Fi that you are:

      1. 18 years of age or older, where you Order products that are classified R18+;

      2. 15 years of age or older, where you Order products that are classified R15+.

    6. When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.

    7. Please ensure that you enter all information carefully when placing an Order. You warrant to JB Hi-Fi that all information provided by you in relation to each Order is complete, true and accurate.

    8. Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by JB Hi-Fi. JB Hi-Fi will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

    9. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by JB Hi-Fi, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .

    10. Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. JB Hi-Fi cannot consolidate separate Orders into one delivery.

    11. Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types (e.g a mixture of hardware and software). Please note that for all Goods, Delivery Charges and Additional Delivery Charges are weight based and consequently you will be required to pay a separate Delivery Charge and any applicable Additional Delivery Charge for each of the Goods ordered, regardless of whether they are delivered to you separately or in one delivery.

    12. You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

    13. The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

    14. You must take your own precautions to ensure that the process which you employ 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 and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

    15. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

    1. When you submit an Order you will receive an email which includes an Order reference number. Please note that this is not a confirmation that your Order has been accepted.

    2. If JB Hi-Fi is unable to fulfil your Order it will send you an email cancelling your Order as soon as practicable.

    3. When JB Hi-Fi accepts an Order it represents an agreement by JB Hi-Fi to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

    4. JB Hi-Fi will process payment for your Order immediately upon submission of your Order, and will send you an email confirming that payment has been made.

    5. You must pay for Goods either by credit or debit card (Visa, Mastercard or American Express) or by Pay Pal account.

    6. Any payments by credit or debit card will be processed via Pay Pal. The name on the credit card or debit card must match the name on the Order. By providing your credit or debit card you authorise JB Hi-Fi (or any of its service providers acting on its behalf) to deduct the price and the applicable delivery charge(s) from such card.

    7. JB Hi-Fi reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

    8. JB Hi-Fi may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our (or our service providers’) fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your credit or debit card has expired.

    9. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared.

    10. JB Hi-Fi aims to have the Goods dispatched to you by no later than the next business day after payment for the Goods is received. JB Hi-Fi will send you an email confirming that the Goods have been dispatched. This email represents confirmation that your Order has been accepted by JB Hi-Fi.

  7. CANCELLATION OF ORDERS

    1. JB Hi-Fi reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. JB Hi-Fi may do this for example, but without limitation, where:

      1. JB Hi-Fi’s suppliers are unable to supply Goods that they have previously promised to supply;

      2. an event beyond JB Hi-Fi’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that JB Hi-Fi is unable to supply the Goods within a reasonable time;

      3. Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

      4. you ask JB Hi-Fi to cancel your Order in accordance with section 5.7; or

      5. in the circumstances set out in Section 6.8.

    2. You may cancel your Order where JB Hi-Fi:

      1. has breached a material term of these Terms and Conditions;

      2. is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; (ii) which was outside JB Hi-Fi’s control including the situations set out in Sections 7.1(a) and 7.1(b) above;

    3. In the event of JB Hi-Fi or you cancelling your Order after payment has been processed, JB Hi-Fi will refund any money paid in respect of that Order. Section 11 of these Terms and Conditions sets out further information about refunds.

    4. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  8. AVAILABILITY OF GOODS/REFURBISHED STOCK

    1. As JB Hi-Fi is dependent upon its suppliers to provide stock, JB Hi-Fi cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. JB Hi-Fi reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

    2. Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty and are also covered by JB Hi-Fi’s Minimum Voluntary Warranty Policy.

  9. DELIVERY

    1. Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

    2. Goods will generally only be delivered to addresses within Australia. JB Hi-Fi will deliver to PO Boxes in Australia where possible based on the size of the Goods.

    3. JB Hi-Fi may, in its absolute discretion, agree to accept Orders for delivery outside Australia but is under no obligation to do so.

    4. On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.

    5. If you require Goods that you have ordered to be re-directed to an address which is not the original Order address JB Hi-Fi reserves the right to charge you a reasonable fee for doing this.

    6. Please allow 2-5 days from dispatch for metro courier delivery and 3-7 days for regional areas. Deliveries to remote areas are subject to local transport schedules and may take longer.

  10. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

    1. You agree and acknowledge that:

      1. JB Hi-Fi does not guarantee the dispatch, delivery or availability of Goods within the timeframes set out in Sections 6.10 or 9.6 above or otherwise specified by JB Hi-Fi or any of its staff;

      2. events outside JB Hi-Fi’s control may cause delays, or in some circumstances, prevent your Goods from being delivered;

      3. delays are particularly likely to occur around Christmas, Easter and public holidays; and

      4. except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither JB Hi-Fi nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .

  11. REFUNDS OF YOUR MONEY

    1. Where JB Hi-Fi is obliged to refund your payment pursuant to these Terms and Conditions, JB Hi-Fi aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). Refunds of payments made by Pay Pal account will be paid to your Pay Pal account. In respect of refunds of payments made by credit card or debit card (i.e. not by Pay Pal account), the additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.

    2. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  12. RETURNS/FAULTY OR DAMAGED GOODS

    1. You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact JB Hi-Fi via http://www.jbhifi.com.au/contact-us/ or by visiting one of our stores as soon as possible.

    2. If you have a problem with any Goods or otherwise wish to return them please refer to JB Hi-Fi’s Minimum Voluntary Warranty Policy (pdf), which forms part of these Terms and Conditions . Please note that, in addition to contacting the manufacturer, you can also contact us via http://www.jbhifi.com.au/contact-us/ or by visiting one of our stores.

    3. When returning Goods:

      1. (a) please provide JB Hi-Fi with your proof of purchase;

      2. (b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
        Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

    4. You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

  13. MORE INFORMATION ABOUT JB HI-FI LIABILITY TO YOU

    1. To the full extent permitted at law, JB Hi-Fi is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or eBay Account.

  14. PRIVACY

    1. JB Hi-Fi's policies on the collection, use and disclosure of customers' personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.

  15. WEBSITE TERMS

    1. Your use of the Website is governed by the Website Terms of Use.

  16. GENERAL

    1. JB Hi-Fi reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

    2. Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

    3. In the event of any inconsistency between these Terms and Conditions and any user agreement(s) or terms and conditions which apply to your eBay Account or your use of the http://www.ebay.com.au website, the provisions of these Terms and Conditions shall prevail to the extent of the inconsistency.

    4. These Terms and Conditions are governed by the laws of Victoria, Australia.

Version 1

19 May 2014