Terms & Conditions
Guidance for Purchasing
Our terms are designed with YOU in mind and provide simple, no fuss protection. Before you bid, please read the Item Description, Frequently Asked Questions, Summary Warranty Policy and our full Terms & Conditions. If you bid on one of our items, it will be accepted that you have read, understood and agreed to all of the information contained in these documents.
Contact us. If something goes wrong please tell us so we can help you. Our business is based on satisfying our customers with high quality products. Should there be a problem with your purchase, please contact us as soon as possible. We will endeavour to assist in achieving the best possible outcome.
In these Terms and Conditions "WE" and "US" and "COMPANY" mean Bryon Trader Pty Ltd ABN 24115898372 and "YOU" and "YOUR" or "CUSTOMER" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products and shall prevail over any other document or communication. The Contract cannot be varied unless we agree to vary it in writing or by email. You shall not assign any rights and obligations under these Terms and Conditions. Any assignment whether in whole or in part shall be deemed null and void. The company reserves the right to change the Terms and Conditions of sale at any time. No company employee or agent has the authority to vary any of the Terms and Conditions governing any sale. The customer accepts that by dealing with the company they agree to these Terms and Conditions and by bidding on, or purchasing an item, a contract is formed with the company.
Legal Capacity to Transact
If you are under the age eighteen (18) years you cannot place orders with the company. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should the company suffer any damage or other losses as a result of a transaction entered into by a minor, the company reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with the company.
The customer accepts that this agreement shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of the State of New South Wales (NSW). The customer submits to the exclusive jurisdiction of the State and Federal courts located in NSW for any action or proceeding relating to this agreement and expressly waives any objection it may have to such jurisdiction or the convenience of such forum. As the bringing of any action or proceeding in another jurisdiction by customer would be in breach of this agreement and could be deemed a fraud upon the court in such foreign jurisdiction, full faith and credit need not be given to such action or proceedings. Please be advised that all company sales are transacted and therefore originate in the Australian state of New South Wales (NSW). Any disagreements with a transaction will therefore take place in Sydney NSW only.
The company shall not be liable for any delay in performing any of its obligations under these Terms and Conditions as a result of any cause beyond its control such as, but not limited to, Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods. The Company shall be relieved of its obligations and liabilities for as long as such fulfilment is prevented, and be entitled to a reasonable extension of time for the performance of such obligations.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. 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. All headings are for convenience only and do not form part of these Terms and Conditions.
Currency and Taxes
All Prices listed on this website are in Australian Dollars and include the Goods and Service Tax (GST).
The company reserves the right to change the prices for products displayed on this website at any time. Prices may include or exclude shipping and other costs as so stated. Shipping costs may be re-calculated based on the number of items ordered and the location of where an item(s) are requested to be sent. Shipping prices advertised on this site are subject to final verification. In the event that shipping to a customer's location is higher than that quoted, the extra charges will be passed on in full to the customer and the item/s will not be dispatched until full payment has been received.
The Company's liability
The company 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. 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. The company, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. By purchasing our products, the customer expressly agrees to assume total responsibility for any injury, loss, damage or other that may be incurred by the products they purchased from the company. This includes responsibility and liability incurred for any use of, misuse of or inability to use these products. The customer, by purchasing product(s) expressly acknowledges they have read the company disclaimers over usage of products if any and agrees to abide by the recommendations for the product if any before commencing use of any of the products sold by the company.
The company specifically disclaims any implied warranties of title, merchantability, or fitness for a particular purpose and non-infringement for product(s) that may be purchased from the company by a customer. While all reasonable care has been taken to compile the information and links on this site, The Company accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on this site and the site should not be construed as the giving of advice or the making of a recommendation and should not be relied on as the basis for any decision or action. The company specifically does not provide medical advice or treatments or education. You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on an "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current. The company makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws. The company does not represent or warrant that the Web Site will be accessible or available on a timely basis, or that access to the Web Site will be uninterrupted or error free. Nothing in these Terms and Conditions obliges us to continue operating all or any part of the Web Site. We may modify or close down the Web Site (or part of it) at any time without any liability on our part.
This site and its contents are subject to copyright. Unless specified, the copyright is owned by the company. You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.
This site includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.
Product Description Correction of Errors and Inaccuracies
While all care is taken, any errors or omission in the information provided on this site is unintentional. The company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Such errors may include but are not limited to, inaccuracies or omissions may relate to product description, pricing and availability. The customer agrees that their sole remedy is to return the product in unused condition.
Acceptance of Orders
Information contained on this website constitutes an invitation to treat. No information on this website constitutes or should be deemed as an offer by us to supply any Products; however we will make every effort to supply Products to you. All orders are fulfilled subject to the terms and conditions listed on this website unless otherwise varied by an agreement in writing. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. No order placed by the Customer shall be deemed to be accepted by the Company until payment of those goods has cleared. All Orders must be completed via our nominated checkout process within 3 days after it has been won. Items not paid within 7 days will be automatically resold. Non Paying Customers will be invoiced a $50.00 cancellation fee and subject to commercial debt collection.
Payment can only be tendered by the Company's nominated and advertised payment methods. The Customer agrees that for all Bank transfer Payments, sufficient information to identify that payment must be included. This includes at a minimum, the customers Order Number, or the customers name, or the customers Site User Name, to ensure that the payment can be identified. The Customer accepts that payments with out the required information may not be able to be identified and which will delay the shipment of their order.
Right of Refusal
The Company Reserves the right to refuse service and cancel orders at their sole discretion. The company reserves the right to refuse returns, refunds, or exchange of any items on the basis that the purchaser has changed their mind or made the wrong choice or if it was different than expected. We are unable to accept orders which require shipment outside Australia.
Property and Title
No property or title to goods shall pass to the customer unless and until the full amount of the value of the goods has been credited to the company's bank account and the customer shall indemnify the company against any loss or damage to the goods prior to the passing of property therein whilst in the customer's custody. The company is not directly liable for any loss, theft, or damage to any goods during shipping, during transit where a customer has declined to purchase transit insurance from the company for their order. If transit insurance has been purchased from the company, risk of damage to or loss of the goods shall otherwise pass to the customer at the time of delivery or at the time of attempted delivery or, if the customer wrongfully fails to receive the delivery as arranged, at the time when the company has tendered delivery of the goods.
Orders will be shipped only using the Companies nominated Carriers which are selected at our discretion.
Deliveries are only made to the address nominated by the customer and as confirmed at the company's checkout. The company accepts no liability where incorrect delivery information has been entered at the checkout by the customer. The customer accepts that Delivery Addresses cannot be changed once an item has been shipped.
Order delivery times advertised on this website are estimates only. The customer agrees that these estimated delivery times will vary and are outside the control of the company. The company will use all reasonable efforts to deliver within the estimated delivery time frame, however does not guarantee that we will deliver within this time frame.
The Customer shall be bound to accept the goods when they are tendered for delivery by the Company and delivery shall be deemed to take place when the goods are tendered for delivery to the Customer at the nominated address for delivery.
If for any reason the customer cannot accept delivery of the goods for more than 7 days after the product is available for delivery the company may either elect to store the goods pending their actual delivery and the customer shall be liable to the company for the costs (including insurance) of so doing but the company shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the customer, or if the period of storage exceeds 60 days may elect to sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract.
Goods Damaged on Arrival
On delivery of an item, the customer shall check the box and if there is any sign of damage you must note 'Damaged' on the delivery note or terminal at the time of delivery. If there is any damage, you must also notify us directly within 24 hours of receipt. We cannot accept delivery damage claims which are notified after this period.
Goods Damaged or Dead On Arrival "DOA"
A company product is considered damaged or DOA if it shows symptoms of a failure, or is discovered to be broken or defective when first taken from its packaging. The buyer must check their item immediately and report any damage or faults to the seller by e-mail within 24 hours of having received their item. We reserve the right to refuse any claims that are made after this timeframe. A company representative will provisionally determine whether the Product is damaged DOA. Where a Product is provisionally determined as DOA we will arrange to provide a full refund or a replacement product, at the Companies discretion. Where the company has provisionally determined that a product is DOA, and the product on inspection is deemed by the company NOT to be DOA, and is not covered by a warranty, the company may refuse to replace the Product or give you a refund for the Product. When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. Replacement products are provided with the same warranty as the returned Product and do not extend the warranty of the original Product. When a refund is given, the returned DOA Product becomes our property.
Return of Goods
The company does not accept returns if you change your mind about a purchase or have made an incorrect choice. Should the company agree to waiver this term and accept a return, it will only do so in writing and will provide you with a store credit once the item has been returned. This credit does not include delivery or insurance costs. Goods must returned to the Company within seven days of any written agreement to accept a return. Returns must be sent via a traceable and insured method which requires a signature on delivery. Proof of postage is not proof of delivery. For products returned the Customer shall be responsible for all costs and expenses (including insurance) of having the item returned to the Company. We regret that we are unable to collect items directly from customers and Cash on Delivery is not accepted. All events such as physical damage, misuse, mishandling, incomplete goods, unauthorized repair or tampering with a product may prevent a product being accepted for Return.
All goods sold by the company are warranted free from defects in material and workmanship for the stated period following acceptance of a customer order. This period is referred to on this site as the "WARRANTY PERIOD". It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed during the warranty period. The customer understands and agrees that some products sold by the company are serviced and supported by third party manufacturers or suppliers in accordance with the warranty information provided. The customer agrees that they are responsible for seeking technical support and or submitting warranty claims directly from the manufacturer and that the company has no obligation for warranty if supplied with a third party manufacturers warranty. All Warranty claims will only be reviewed if submitted to the company in writing to firstname.lastname@example.org along with evidence receipt or purchase. In some circumstances, the customer will be also required to email photographic evidence to document and identify a problem. On acceptance of a warranty claim, the Company will issue the customer with a Returns Authorisation Number (RA). No Warranty Claims will be accepted without a duly issue RA number, which must be stated on all correspondence as required. In the event of a warranty claim, it is the customer's responsibility to return the item to the company or its nominated agent for assessment. Warranty.
No express or implied warranty or returns are provided on the following items.
- Product Consumables which would be replaced in the normal course of operation. For example Guitar Strings
- Free or Bonus items. Items which are incidental items included with the product purchased.
- Peripheral items. Items such as batteries, cables, carry bags, cases and product packaging.
- The company also advises that statutory warranties which exist under the Trade Practices Act do not cover goods sold at public auction.
Electronic Image Transmission
All pictures contained on this website are for illustration purposes only. Due to manufacturing processes and the display of images on different computer monitors, the actual product may vary in colour and finish from what is shown in any of the digital pictures.
The company cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions that could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release the company entirely of all responsibility for any consequences of its use.
Credit Card Fraud
Whilst the company employs secure software for its transactions with our customers, the company will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Fraud Protection or Prevention Procedures
When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 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 and PayPal account holders from online Fraud.