TERMS AND CONDITIONS FOR "DIRECT IMPORT" GOODS
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 Direct Import Goods from one or more of JB Hi-Fi's websites. By placing an order for Direct Import Goods from JB Hi-Fi you agree to these Terms and Conditions.
Please note that these Terms and Conditions only apply to goods which are Direct Import Goods. Separate Terms and Conditions for non-Direct Import Goods are available on www.jbhifionline.com.au.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Direct Import Goods.
1. DEFINITIONS
"Direct Import Goods" means those goods available from JB Hi-Fi via one or more of JB Hi-Fi's websites which are specifically labelled on the website as "Direct Import".
"Order" means an Order for Direct Import Goods placed via a JB Hi-Fi website.
"Taxes" means any taxes (including goods and services tax and other value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties)imposed by any authority together with any related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms and Conditions.
2. YOUR LEGAL RIGHTS
Your purchase of Direct Import 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
3.1 Prices for Direct Import Goods are as shown on the relevant JB Hi-Fi website.
3.2 All prices quoted are in Australian dollars and are exclusive of any applicable Taxes. Additional Taxes may be payable by you in accordance with clause 3.6 of these Terms and Conditions.
3.3 In addition to the price for the Direct Import Goods you will also need to pay the advertised delivery charge which will also appear in your Shopping Cart.
3.4 By placing an Order you agree to pay the price for the goods and the applicable delivery charge.
3.5 JB Hi-Fi reserves the right to change the prices of Direct Import Goods at any time without notice to you (although the price displayed 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).
3.6 In respect of an order of Direct Import Goods, Taxes may be levied with respect to the goods by the tax or customs authorities in Australia and/or the country from which the goods are shipped. You will be the importer of record for the purpose of customs and border processing and, as the importer of the goods, you agree that you are liable to pay such Taxes to the relevant authority in addition to your payment to us of the price and delivery charge. It is your responsibility to determine whether any such Taxes apply in Australia or the country from which the goods are shipped. You agree that JB Hi-Fi is not liable to you with respect to any loss, damage, cost or expense that you incur as a result of your obligation to pay Taxes in a particular jurisdiction. For further information JB Hi-Fi suggests that you read information made publicly available by the Australian Customs and Border Protection Services (for example at
3.7 All Direct Import Goods will come with an English language instruction manual.
3.8 Goods will be supplied with standard Australian power plugs and will comply with all relevant Australian standards.
4. ORDERS
4.1 You can place an Order by following the instructions on the relevant JB Hi-Fi website.
4.2 You may only place an Order if you are over the age of 18 and resident in Australia. By placing an Order, you confirm to JB Hi-Fi that this is the case. Direct Import Goods will only be delivered to addresses in Australia and will not be delivered to PO boxes.
4.3 All Direct Import Goods are located outside Australia when an Order is placed
4.4 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 Direct Import Goods, in accordance with these Terms and Conditions.
4.5 You acknowledge that all goods that you order are intended for personal, domestic, non-commercial use only.
4.6 If you place an Order for someone else to receive the Direct Import Goods you must obtain their consent before providing us with their personal information and, by placing an Order, you confirm to JB Hi-Fi that you have done this.
4.7 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 your Order is complete, true and accurate.
4.8 Please check your Order carefully (including the quantities ordered) before submitting it as Orders cannot 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.
4.9 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 result of your Order information (such as the delivery address) 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.
4.10 An Order submitted by you is an offer by you to purchase the goods for the price plus the applicable delivery fee as shown at the time of submission of your Order. You must also pay any applicable Taxes in accordance with clause 3.6. JB Hi-Fi may accept or reject your offer in its absolute discretion.
4.11 Where you place separate Orders the goods will be delivered separately and a separate delivery fee will apply to each Order. We cannot consolidate separate Orders into one delivery. Please note Clause 3.6 of these Terms and Conditions regarding your liability for any Taxes.
4.12 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 in one package.
4.13 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, may be lost or misdirected, or your Order might be delayed. 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 result of any of the above circumstances.
5. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
5.1 When you submit an Order you will receive an Order reference number. Please note that this is not a confirmation that your Order has been accepted.
5.2 Following receipt of an Order, JB Hi-Fi will contact you by email to let you know if your Order has been: (i) accepted subject to payment; or (ii) put on hold because stock is not currently available. JB Hi-Fi aims to do this within 2 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time) of your Order being placed.
5.3 Where JB Hi-Fi informs you that your Order is on hold because stock is not currently available, JB Hi-Fi will give you the choice of: (i) keeping your Order open; or (ii) cancelling your Order. If you keep your Order open then:
(a) if the Goods that you have ordered become available for dispatch within 5 days, then JB Hi-Fi will automatically accept your Order, subject to payment, and notify you that it has done this and will process your payment; and
(b) if the Goods that you have ordered do not become available for dispatch within 5 days, then JB Hi-Fi will automatically cancel your Order and will notify you that it has done this.
5.4 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 and these Terms and Conditions subject to receiving payment from you.
5.5 JB Hi-Fi will not process payment for your Order until it has sent an email confirming that your Order has been accepted subject to payment.
5.6 You must pay for goods by credit card (Visa or Mastercard) or Pay Pal account.The name on the credit card must match the name on the Order. You cannot pay for goods using JB Hi-Fi gift cards. By providing your credit card you authorise JB Hi-Fi to deduct the price and the applicable delivery charge from such card.
5.7 JB Hi-Fi reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion. In addition, 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 fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case JB Hi-Fi will contact you to confirm certain information or arrange payment by another method. If you are unable to comply with our requests within the timescale specified we may cancel your Order.
5.8 Direct Import Goods that you have ordered will not be dispatched to you until your payment has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
6. CANCELLATION OF ORDERS
6.1 JB Hi-Fi reserves the right to cancel, at any time before delivery, an Order that it has previously accepted. JB Hi-Fi may do this for example, but without limitation, where:
(a) JB Hi-Fi's suppliers are unable to supply goods that they have previously promised to supply;
(b) a force majeure event such as storm, fire, flood, terrorism, power failure, war, strike or failure of computer systems means that JB Hi-Fi is unable to supply the Direct Import Goods within a reasonable time; or
(c) the Direct Import Goods ordered were subject to an error on our website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted.
6.2 You may cancel your Order where JB Hi-Fi:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the website / these Terms and Conditions other than a result of any delay: (i) for which you are wholly or partly responsible such as a delay as a result of your liability to pay Taxes; (ii) was outside JB Hi-Fi's control including the situations set out in Clauses 6.1(a) and (b) above; or
(c) in the circumstances set out in Clause 5.3.
6.3 In the unlikely 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. Clause 10 of these Terms and Conditions sets out further information about refunds.
6.4 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 result of cancellation of your Order.
7. AVAILABILITY OF GOODS
7.1 JB Hi-Fi uses reasonable endeavours to ensure that all Direct Import Goods shown on its website(s) are available for dispatch.
7.2 As JB Hi-Fi orders Direct Import Goods from its supplier outside of Australia upon receiving your Order, and does not hold Direct Import Goods in 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 Direct Import Goods displayed on its websites 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 result of the unavailability of any Direct Import Goods at any time.
8. DELIVERY
8.1 Risk and title in Direct Import Goods passes to you on the date and time of delivery of the goods to JB Hi-Fi's nominated delivery agent in the country of export.
8.2 JB Hi-Fi will arrange delivery on your behalf of your Order through JB Hi-Fi's nominated delivery agent direct from JB Hi-Fi's overseas supplier. The goods will be delivered to the address specified in your Order.
8.3 Following dispatch of your Direct Import Goods, JB Hi-Fi will email you with an invoice and a delivery tracking reference number from its delivery agent which will enable you to track the delivery status of your Order. You will receive a printed invoice with your Direct Import Goods when they are delivered.
8.4 You acknowledge and agree that you are, and will hold yourself out to be, the importer on record with respect to the delivery of the Direct Import Goods and that delivery of your order is subject to satisfactory inspection and clearance of goods by customs authorities in Australia.
8.5 On delivery you may be required to sign a proof of delivery document and provide photo ID evidence of your identity. If you are not available to take delivery our nominated delivery agent will contact you to arrange re-delivery.
8.6 If you require Direct Import Goods that you have ordered to be re-directed to an address which is not the original Order address we may charge you a reasonable fee for doing this.
8.7 Subject to accepting your Order, JB Hi-Fi for the Direct Import Goods to reach you within 7-21 days of receiving your Order. However, you agree and acknowledge that, from time to time, this may not be achievable.
8.8 You agree and acknowledge that:
(a) JB Hi-Fi does not guarantee that delivery will occur in the timeframes set out in clause 8.7 above;
(b) events outside JB Hi-Fi's control including, without limitation, inspections and clearance by customs and/or tax authorities in Australia, may cause delays, or in some circumstances, prevent your goods from being delivered; and
(c) 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 result of any delay in delivery of the goods to you, other than as expressly set out in these Terms and Conditions.
9. RETENTION OF YOUR RECORDS
9.1 The law requires you to retain all paperwork relating to your import of Direct Import Goods for a period of five years. This includes: (i) your invoice; and (ii) the shipping label contained in the pouch attached to the outside of the box that your Goods are delivered in. You are also likely to need this paperwork if you need to have the Direct Import Goods repaired or replaced.
10. REFUNDS OF YOUR MONEY
10.1 Where JB Hi-Fi is obliged to refund your payment pursuant to these Terms and Conditions, JB Hi-Fi will notify you by email that your payment will be refunded.
10.2 JB Hi-Fi aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
10.3 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 result of any delay in you receiving any refund due to you.
11. RETURNS/FAULTY OR DAMAGED GOODS
11.1 You should check your Direct Import 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 as soon as possible.
11.2 If you have a problem with any Direct Import Goods or otherwise wish to return them please refer to JB Hi-Fi's Returns Policy which forms part of these Terms and Conditions. Please note the following that apply specifically to Direct Import Goods and override the Returns Policy to the extent of any inconsistency:
(a) you can visit your nearest JB Hi-Fi store for a remedy or, if you are not able to do this, you can visit http://jbhifi.com.au/direct-import. If you visit a JB Hi-Fi store please take your proof of purchase, your shipping label and any other documentation relating to your purchase and import of the Goods. You should not contact the manufacturer as Direct Import Goods do not come with a manufacturer's warranty;
(b) where you are entitled to a repair of Direct Import Goods under JB Hi-Fi's Returns Policy, the goods will be repaired in the country from which they were shipped to you. This will involve the goods being shipped to and from Australia at JB Hi-Fi's cost;
(c) where you are entitled to a replacement, your replacement goods will be shipped to you directly from the country from which your original Direct Import Goods were shipped. You are not entitled to a replacement from JB Hi-Fi store stock; and
(d) you cannot return or get a refund for goods as a result of change of mind even if the goods are unused and unopened.
11.3 When returning Direct Import Goods, 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 return the original packaging where possible in order to avoid damage in transit.
11.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Direct Import Goods themselves.
11.5 Direct Import Goods do not come with any manufacturer's warranty.
12. JB HI-FI'S LIABILITY TO YOU
11.1 Except to the extent set out expressly in these Terms and Conditions or in any law that cannot be excluded (including, without limitation, the Australian Consumer Law), JB Hi-Fi will not be liable to you or any third party for any loss, damage, cost, expense or injury arising out of, or in connection with, any Order.
13. PRIVACY
11.1 JB Hi-Fi's policy on the collection, use and disclosure of customer's personal information is set out in its Privacy Statement which forms part of these Terms and Conditions
14. WEBSITE TERMS
14.1 Your use of the Website is governed by the Website Terms of Use
15. GENERAL
15.1 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.
15.2 If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
15.3 These Terms and Conditions are governed by the laws of Victoria, Australia.
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