1. About These Terms

These Terms and Conditions apply to purchases made from Mega Music through our website, over the phone, by email and at any Mega Music retail location.

By placing an order or completing a purchase with Mega Music, you agree to the terms that apply to that transaction. Continued use of an approved customer account is also subject to the account terms below.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy available under the Australian Consumer Law or any other law that cannot lawfully be excluded or modified.

2. General 

Unless otherwise agreed in writing, all orders must be paid in full before collection or delivery.

Prices and product availability may change before an order is accepted. Proof of purchase may be required for returns, exchanges and warranty claims, subject to the Australian Consumer Law.

3. Orders and Acceptance

Placing an online, telephone, email, special, backorder, delivery or collection order is an offer to purchase the goods on these terms.

An automated order confirmation, payment authorisation or receipt confirms that we have received your order or payment. It does not necessarily confirm that the order has been accepted or that the goods are available.

Mega Music accepts an order when we confirm that the goods are available and ready for collection, dispatch the goods, or otherwise expressly confirm acceptance in writing. An in-store purchase that is paid for and supplied to the customer at the time of purchase is accepted when the transaction is completed.

Payment may be taken or authorised when an order is placed. If we do not accept an order, any payment received for that order will be refunded in full to the original payment method.

4. Customer Orders, Special Orders and Deposits

Customer orders that are not paid in full require a minimum deposit of 40%, unless Mega Music agrees otherwise in writing. The deposit is used to secure the goods with the supplier.

If the supplier is unable to fulfil the order, any deposit or other payment received for the unavailable goods will be refunded in full.

If a customer cancels a special order due to a change of mind, Mega Music may retain from the deposit an amount reflecting the reasonable costs or loss resulting from the cancellation, to the extent permitted by law. We will not retain more than our reasonable costs or loss. This does not limit any right to cancel or receive a remedy under the Australian Consumer Law.

5. Product Availability and Backorders

We make reasonable efforts to keep product availability accurate. However, due to the volume and variety of products we source and supply, stock discrepancies may occasionally occur.

If a stock discrepancy affects your order, we will generally contact you within three business days and offer, where reasonably available, the choice of:

- a suitable substitute;
- placing the product on backorder; or
- cancelling the unavailable item and receiving a full refund for it.

Where an item is available for backorder, we generally estimate a sourcing period of two to three weeks. This is an estimate only and depends on availability from the relevant supplier. Please contact us for the most current stock and backorder information.

6. Product Descriptions and Images

Mega Music and its associated brands take reasonable care to ensure that product descriptions, specifications, images and other content are accurate, complete and current. However, genuine errors or differences may occasionally occur, including where information or images have been supplied by a manufacturer or distributor.

If goods supplied do not match their description, sample or demonstration model, please contact us promptly. We will provide the remedy required by the Australian Consumer Law. We may ask that the goods are not used further and are returned or made available for inspection where it is reasonable to do so.

7. Product and Service Pricing

Suppliers may change their prices due to factors including exchange rates, freight costs and manufacturer pricing. Mega Music may change prices in-store and online before an order is accepted and without prior notice.

We take reasonable care to ensure that displayed prices, promotions, discounts, delivery charges and product information are accurate. When a pricing discrepancy occurs, we will try to absorb the impact where reasonable. If that is not reasonably possible, the provisions in sections 8 and 9 apply.

All prices are in Australian dollars and include GST unless clearly stated otherwise. All quotes are valid for seven days unless a different validity period is stated on the quote.

8. Errors in Pricing, Product Information and Delivery Charges

If we identify a genuine error before an order has been accepted, we may:

- correct the information and give you the opportunity to proceed on the corrected terms;
- offer a suitable alternative; or
- decline or cancel the order and refund any payment received.

If a genuine and material error is identified after an order has been accepted but before the affected goods have been supplied, collected or delivered, we will contact you promptly. Where it would be unreasonable for Mega Music to fulfil the order as placed, we may propose corrected terms or cancel the affected order and provide a full refund, to the extent permitted by law.

Delivery charges are calculated using factors including the delivery address, product weight and dimensions, handling requirements and the selected delivery service. If a delivery charge has been materially misstated due to incorrect product information, a system error or information provided by a carrier, we will contact you before dispatch. You may choose to:

- pay the corrected delivery charge and proceed;
- select another available delivery or collection method; or
- cancel the affected order and receive a full refund.

If Mega Music has expressly agreed to a final price inclusive of delivery and accepted the order on that basis, we will honour that agreement unless a genuine and material error makes fulfilment unreasonable and cancellation is otherwise permitted by law.

We will not rely on a minor error or immaterial additional cost as a basis for cancelling an accepted order.

9. Right to Decline or Cancel an Order

To the extent permitted by law, Mega Music may decline an order before acceptance or cancel an accepted order before the goods are supplied, collected or delivered where reasonably necessary, including where:

- a genuine and material error has occurred in the price, product description, promotion, discount, availability or delivery charge;
- the goods are unavailable, oversold, damaged, unsafe or not in a condition suitable for supply;
- a supplier is unable to provide goods it previously indicated were available;
- a technical, inventory, payment or system error has materially affected the order;
- we reasonably suspect fraud, unauthorised payment, misuse of a promotion or other unlawful activity;
- payment cannot be verified or has been declined, reversed or disputed;
- an order exceeds a stated quantity limit or appears to have been placed primarily for unauthorised resale;
- the delivery address is outside our service area or the order cannot reasonably or safely be delivered using the selected delivery method;
- fulfilling the order would breach a law, regulatory requirement, supplier restriction or safety obligation;
- the customer has provided materially incorrect or incomplete information required to fulfil the order; or
- the customer has engaged in threatening, abusive, fraudulent, unsafe or unlawful conduct toward Mega Music, its staff, customers or representatives.

Where reasonably practicable, we will contact you before cancelling an accepted order and give you an opportunity to correct the issue or proceed on revised terms.

If Mega Music cancels an order after receiving payment, we will refund all amounts paid for the cancelled goods and any associated delivery charges. We will not charge a cancellation fee where Mega Music cancels the order.

10. Collection and Perth Metropolitan Delivery

If you select in-store collection, we will contact you when the goods are ready. Goods may need to be transferred between stores or sourced from a supplier, so they may not be available for immediate collection.

Orders must be paid in full before collection unless the customer has approved account terms or Mega Music has agreed otherwise in writing.

For deliveries within the Perth metropolitan area, Mega Music may use a local courier. Someone may need to be present at the nominated address to accept delivery.

If nobody is available, the driver may attempt to contact you. If contact cannot be made or the goods cannot be safely left, the order may be returned to a Mega Music location for collection or redelivery. Additional redelivery charges may apply where they have been disclosed and are reasonable, except where the failed delivery was caused by Mega Music or its carrier.

11. Account Customers

Approved account customers will receive goods and services under their agreed trading terms. Continued use of the account after being notified of an updated version of these terms constitutes acceptance of the updated terms for future transactions, to the extent permitted by law.

Unless otherwise agreed in writing:

- invoices must be paid within 14 days of fulfilment by delivery or collection;
- late payment may result in reasonable interest charges, where disclosed, or suspension of the account until overdue amounts are paid;
- ownership of goods supplied on account remains with Mega Music until payment for those goods is received in full;
- the account customer must keep its contact, billing and delivery information current; and
- invoice discrepancies should be reported within seven days of receipt so they can be investigated promptly.

The seven-day reporting period does not exclude or limit any right or claim that cannot lawfully be limited, including rights under the Australian Consumer Law.

12. Digital Communications

When shopping with us or contacting us electronically, you consent to receiving transactional communications from Mega Music by email, SMS or through notices on our website. These may include order confirmations, receipts, delivery updates, account notices, warranty information and other communications relating to your transaction.

You agree that electronic agreements, notices, disclosures and other transactional communications may satisfy a legal requirement that the communication be in writing, where permitted by law.

Marketing communications will only be sent where permitted by law. You may unsubscribe from marketing messages at any time, although we may still send communications reasonably required to administer an order, account or warranty matter.

13. Refusal of Service

Mega Music may refuse entry, service or future transactions where reasonably necessary to protect our staff, customers, property or business, including in response to threatening, abusive, violent, fraudulent, unsafe or unlawful behaviour.

This right will be exercised reasonably and lawfully. Mega Music will not refuse service or cancel an order on the basis of a personal attribute protected by law.

14. Licence and Site Access

Mega Music grants you a limited licence to access and make personal use of this website. You may not download, other than through standard page caching, or alter any part of the website without Mega Music's express written consent.

This licence does not permit:

- resale or commercial use of this website or its contents;
- collection or commercial use of product listings, descriptions or prices;
- derivative use of this website or its contents;
- downloading or copying account information for the benefit of another merchant; or
- use of data mining, scraping, bots or other data-gathering and extraction tools.

No part of this website may be reproduced, duplicated, copied, sold, resold or otherwise exploited for a commercial purpose without Mega Music's express written consent.

15. Gift Vouchers

Redemption

Mega Music Gift Vouchers are issued in Australian dollars and are redeemable online at megamusiconline.com.au and at Mega Music retail stores.

Gift Vouchers may be used in whole or in part toward eligible purchases. Any remaining balance will remain on the voucher until it is used or expires. If a purchase exceeds the available voucher balance, the difference must be paid using another accepted payment method.

Gift Vouchers cannot be used to purchase another Gift Voucher. They are not redeemable for cash or refundable except where required by law.

Expiry

Gift Vouchers are valid for three years from the date of issue unless a longer period is stated or a different rule is permitted by law. Any unused balance will not be available after expiry except where required by law.

Lost, Stolen or Damaged Vouchers

Gift Vouchers should be treated like cash. Mega Music is not responsible for a lost, stolen or damaged Gift Voucher, or unauthorised use of a Gift Voucher, except where required by law.

 Returns and Consumer Rights

Products purchased with a Gift Voucher are subject to Mega Music's returns policy and the Australian Consumer Law. Where a refund is approved, the refund may be returned to the original Gift Voucher or issued using another appropriate method. Nothing in these terms excludes or limits rights under the Australian Consumer Law.

Misuse

Mega Music may refuse, cancel or suspend a Gift Voucher or related transaction where fraud, misuse or tampering is reasonably suspected.

Promotional Vouchers

From time to time, Mega Music may issue promotional, complimentary or goodwill vouchers. These may have different redemption periods, eligibility requirements or product exclusions, which will be stated when the voucher is issued.

16. Changes to These Terms

Mega Music may update these terms from time to time. The terms in effect when an order is placed will apply to that transaction, unless a change is required by law or agreed by both parties.

Updated terms will apply to future purchases from their stated effective date. We will not apply a material change retrospectively to an existing consumer transaction without the customer's agreement, except where permitted or required by law.

17. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms and Conditions is intended to exclude, restrict or modify those guarantees or any other right or remedy that cannot lawfully be excluded, restricted or modified.

If there is an inconsistency between these terms and a mandatory requirement of the Australian Consumer Law, the mandatory requirement will prevail.