1. Agreement

1.1 In these Terms and Conditions we, our or us means Songs of Love; and you or your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.

1.2 By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between us and you for the supply of Products.

1.3 The Agreement together with your Order constitute the entire agreement between us and you for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.

2. Legal Capacity

If you are under the age of eighteen (18) years you cannot place Orders with Songs of Love. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

3.2 You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.

3.3 You must take your own precautions to ensure that your process 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. We take no responsibility for any such damage which may arise in connection with your use of the Website.

4. Pricing

4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:

    by agreement between you and us in writing or by email; or
    in accordance with clause 7.4.

4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.

5. Product Specifications

5.1 Specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change specifications of a Product once an Order has been accepted by us and a Purchase Contract formed under clause 6.

5.2 All weights and dimensions of Products described in the Website are approximate.

6. Orders

6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of your Order (Purchase Contract).

6.2 Orders will be deemed to have been received by Songs of Love at the time Songs of Love sends an Order confirmation to your nominated email address.

6.3 Songs of Love is an online business and will primarily communicate with Customers via email. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.

6.4 Songs of Love reserves the right to decline to enter into a Purchase Contract with you and may cancel your Order at any time prior to despatch of the Product(s).

6.5 In the event of a cancelled Order not despatched, funds paid in relation to that Order will be refunded in full. You will be provided with email confirmation of the cancellation and refund.

6.6 Songs of Love does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

6.7 Songs of Love shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Songs of Love (or its affiliates), and Songs of Love shall be entitled to a reasonable extension of time for the performance of such obligations.

6.8 Where you have provided an incorrect or incomplete delivery address for your Order, we may charge a redelivery fee for each subsequent delivery attempt.

7. Payment

7.1 You may provide your nominated credit/debit card to our Third Party Processor during the purchase process described on the Website.

7.2 Payment for Orders will be processed immediately and your Order confirmation will be sent by email.

7.3 If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within up to 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 holders from online fraud.

7.4 Despite our best efforts, on occasion it may be possible that a small number of the Products in our range may be incorrectly priced on the Website. If we have made a mistake and a Product’s correct price is higher than the price on the Website, we may either contact you before shipping to request whether you want to buy the Product at the correct price or cancel your Order. If a Product’s correct price is lower than the stated price on the Website, we will charge the lower amount and send you the Product, or where the higher incorrect price has been charged, we will refund the price difference and send you the Product.

8. Delivery and ownership of the goods

8.1 We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Songs of Love does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

8.2 The date of despatch listed on the Website is the estimated date of despatch as is reasonably estimated by Songs of Love. Where scheduled despatch of a Product is delayed by more than one week, Customers will be notified by email via the email address nominated in their Order. Customers are permitted to cancel their Order and receive a refund at any time prior to despatch of the Product(s).

8.3 Songs of Love will deliver Products to PO Box addresses.

8.4 Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.

8.5 The couriers or postal services nominated by Songs of Love will deliver Products during local business hours (9am to 5pm, Monday to Friday).

8.6 Songs of Love is not responsible for the delivery times of Products. Once Products have been despatched, it is the Customers responsibility to liaise with the courier nominated by Songs of Love (as notified to the Customer) in relation to date and time of delivery. Songs of Love shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

8.7 Songs of Love reserves the right to not ship to remote or rural locations.

9. Damaged goods

Songs of Love will replace or refund damaged Products in accordance with our guarantee and your rights under the Australian Consumer Law.

10. Intellectual Property

All Intellectual Property in any Material on the Website is the property of Songs of Love. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material from the website.

11. Privacy

By placing your Order or otherwise contacting Songs of Love, you agree that we may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

13. Gift Vouchers

We do not currently provide Gift Vouchers.

14. Miscellaneous

14.1 Title and risk in our Products shall pass to you at the point of despatch by us to your courier or nominated delivery service.

14.2 Songs of Love reserves the right to make changes to the Songs of Love Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

14.3 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

14.4 A failure or delay by Songs of Love to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Songs of Love does not preclude its future ability to exercise that or any other power or right.

14.5 Insofar as they apply to the ordering, purchase, fulfilment and delivery of our Products from www.songsoflove.com.au, these our Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.

14.6 No Songs of Love employee or agent has the authority to vary any of the Terms and Conditions governing any sale.