Terms & Conditions

This Website is owned and operated by Downtown Music Sydney (ABN 60 591 552 647) and powered by Shopify. When using this Website you agree to the terms and conditions of this Website. Do not use this Website if you do not agree.

The terms "Website" means the Website owned by Downtown Music Sydney; "Product" or “Products” means the products or services advertised for sale on the Website; "you" and "your" are references to persons purchasing Product.

 

Pricing Policy

All prices on this Website are shown and processed in Australian dollars (AUD) and are inclusive of Australian GST (Goods and Services Tax). RRP (recommended retail price) is provided by our suppliers and is shown for information only. All prices are subject to change without notice.

While every effort is taken to ensure accurate prices are always displayed, due to technical or human error, incorrect pricing may occur. We may not be able to honour, and are not bound to honour, any erroneous prices. You will have the option of a refund if you purchase a Product with a pricing error.

 

Product Information & Representation

Product specifications are supplied by manufacturers and/or suppliers and are subject to change without notice. Due to this, and despite our attempts to keep all information current, product specifications may contain outdated information and any Product purchased may be subject to minor variations.

Products may arrive in packaging different to what is displayed on the Website due to manufacturer update.

We have made every effort to display as accurately as possible the colours and images of all products that appear on the Website. We cannot guarantee that your device monitor's display of any colour will be accurate.

No responsibility is taken by Downtown Music Sydney as to the suitability or performance of any Products purchased by you or your intended use of the Product(s).

 

Product Availability

All Products displayed on this Website are available to try and buy in our retail store. Any of these Products (with the exception of products that cannot be tried for hygiene reasons) you purchase may have been on display to try in-store and may not come with original manufacturer’s packaging.

Every attempt has been made to ensure accurate stock availability of every Product is represented on this Website, however no guarantee is made that the Product you purchase on this Website is in stock at the time of purchasing, either due to error or the purchase of said Product in-store before the Website can be updated. It is in your interest to contact the store to check availability of Products prior to purchase. You will be offered a refund if we cannot supply the Product or Products in a reasonable amount of time.

 

Ordering/Payments/Delivery

Downtown Music Sydney reserves the right to reject or accept an order, regardless if paid in full, and is not required to give a reason. Payment will be refunded should your purchase be refused and if so neither it nor you will be under any further liability to the other arising from your original purchase.

Submitted orders cannot be cancelled regardless of error in product information, pricing, stock availability or errors made by you without approval from Downtown Music Sydney.

All Products must be paid in full prior to goods being dispatched or collected. Funds for purchases, whether by credit card, direct bank deposit or PayPal, must clear with the financial institution with which Downtown Music Sydney deposits prior to goods being dispatched or collected.

Delivery will be dispatched to the address chosen by you. It is your responsibility to ensure the delivery address and contact details you supply are free from errors. We also do not take responsibility of any delay in delivery.

Signing for a delivery means that you accept that you have received the Product or Products in good order and any damage is no longer the responsibility of the courier company. If you suspect that any damage has occurred to your delivery, do not sign for it and contact Downtown Music Sydney immediately.

 

Use of the Site

The Website is available only for your personal and non-profit use. Using and accessing this website is at your own risk. We reserve the right to amend adjust, change or discontinue any feature of the website without notice. You may not alter or modify in any way, all or any part of the content contained on this website, unless written authorisation to do so has been received from Downtown Music Sydney. You must not attempt to tamper or transmit any data, code or other material that contains a virus or other harmful component onto this website. Images and data on this Website are not available to copy, reproduce, distribute for any reason with approval.

As a condition of your use of this Website, you agree that you will not use the Website for any purpose that is illegal or prohibited by these terms, conditions, and notices.

You must not interfere, disrupt or make alterations to this Website or servers or other software, hardware or equipment connected to or via the Website, violate any Applicable Law relating to your use of the Website, or access, collect or store personal data from other users of this site.

 

Liabilities

We do not guarantee that the Website will operate error free or that this Website and its servers are free of computer viruses and other harmful data. We do not guarantee that it will be able to prevent any illegal, harmful or inappropriate use of the Website. If your use of the Website or the material results in the need for servicing or replacing equipment or data, we are not responsible for those costs. We are not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

All Products and information on this Website are provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, suitability of a product for a specific purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

This Website may include errors, inaccuracies and typographical mistakes in publishing Products, information and services. Downtown Music Sydney may periodically review, change or add information to the Website at any time. No assurances about the suitability of these Products, information and services for any purpose contained on this website. All Products, information and services are provided "as is" without assurances of any kind.

 

Linked Sites

Use of linked sites on this Website is at your own risk. We are not responsible for the content or accuracy of any off-site pages or other websites linked to this Website. This includes sites linked through other search engines or advertising. The inclusion of any link does not imply that we have reviewed the link or that we endorse the linked site. 

 

Exclusions/Limitations/Indemnity/Notices/Claims

All statutory and implied conditions or assurances are excluded to the extent permitted by law. The liability of Downtown Music Sydney, to the extent permitted by law, under any condition, assurances or warranty which cannot legally be excluded (including those under the Australian Consumer Law) is limited to the replacement or repair of the Product or supply of equivalent Product; or the payment of the cost of replacing or repairing the Product or of acquiring equivalent Product.

You agree that you will not depend on the ability or opinion of Downtown Music Sydney as to whether the supplied Product is suitable for any purpose for which it is being purchased & used.

Except to the scope expressly stipulated in this Agreement, Downtown Music Sydney has no liability (including negligent liability) for any loss or consequential damage, otherwise suffered or incurred in connection with any Product supplied by Downtown Music Sydney, including but not limited to any loss or consequential damage or suffering or incurred and caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of or in the Product.

You indemnify Downtown Music Sydney irrespective of any negligence on its part, against all losses, liabilities, legal costs and other expenses incurred by Downtown Music Sydney arising directly or indirectly as a result of, or in connection with the violation by you of any provision of this Agreement or any wilful, unlawful or careless act by you in relation to any product supplied by Downtown Music Sydney to you or used by you. This agreement is governed under the laws of New South Wales, Australia.

Any guaranties or other claims by you under this Agreement, as well as any questions you may have in connection with this Agreement should be sent or emailed to Downtown Music Sydney.

 

Modification of Terms & Conditions

Downtown Music Sydney reserves the right to amend or change the terms, conditions, and notices offered on this Website at any time. Any rights not expressly granted herein are reserved.