TERMS AND CONDITIONS

WEBSITE TERMS AND CONDITIONS OF USE

SENNHEISER Australia Pty Ltd (ACN 165 388 312) (“Sennheiser”), "we", "us" or "our") owns and operates this website https://en-au.sennheiser.com/ (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the Services) is subject to the following terms, conditions and notices (Terms). By using Website and/or the Services, you are agreeing to all of the Terms, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms.

ACCESSING THE WEBSITE

Access to the Website is permitted on a temporary basis and, acting reasonably, we reserve the right to withdraw or amend the Services we provide via the Website or the Website itself without notice. Where reasonable, we will endeavor to provide you with prior notice of the withdrawal or amendment of the Website and/or Services. We will not be liable to you if for any reason the Website or the Services are temporarily unavailable at any time or for any period.
In order to purchase any products you will need to register with us. If you are provided with a SENNHEISER account or a password or any other information as part of our security procedures, you must treat this information as confidential, and you must not disclose it to any third party. Acting reasonably, we have the right to disable any user identification code or password, whether chosen by you or allocated by us, and to cancel your registration at any time, if in our opinion, you have failed to comply with any of the provisions of these Terms.
You are responsible for making all arrangements necessary for you to access the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.

USE OF THE WEBSITE AND SERVICES

If you order any products, your contract with us will be governed by our Terms and Conditions of Sale which can be found here en-au.shop.sennheiser.com.
You may not use the Website:

for commercial purposes;
for resale purposes including the systematic extraction and/or re-utilisation of any part or the contents of the Website (e.g. item listings, descriptions, prices);
to download (other than page caching) or modify the Website, or any portion of it; or
for any purpose which is unlawful.

The use of automated systems or software to copy and/or extract the whole or any part of the Website, the information or materials on the Website and/or its source code for any purpose is strictly prohibited.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Website including the Services and in the material published on it. Those works are protected by copyright, trade mark and other such intellectual property laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off the Website or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Using the Website does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.

THE WEBSITE CHANGES REGULARLY

We aim to update the Website and maintain the Services regularly, and may change the content at any time. If the need arises, and acting reasonably, we may suspend access to the Website or the Services, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

Subject to any non-excludable statutory guarantees and consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided “as is” and without any guarantees, conditions or warranties as to its accuracy.
To the fullest extent permitted by law, Sennheiser hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and is not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation arising out of or related to the use, inability to use, performance or failures of this Website (or any sites linked to this Website and any materials posted on those sites), irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

We process information about you in accordance with our Privacy Policy. By using the Website and/or our Services, you consent to such processing of your personal information and you warrant that all personal information provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Website or the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or the Services, the server on which the Website or the Services are stored or any server, computer or database connected to the Website. You must not attack the Website or the Services via a denial-of-service attack or a distributed denial-of-service attack.
If we consider, acting reasonably, that you are in breach of condition 7.1, and to the extent that such a breach contravenes Australian law, we may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and our Services will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website /or our Services or to your downloading of any material posted on it, or on any website linked to it.

LINKS FROM THE WEBSITE

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

WAIVER

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in other situations where you are in breach.

ALTERATIONS TO THESE TERMS

We may revise these Terms at any time and at our discretion. You are expected to check this page from time to time to take notice of any changes we make. Any such amendments are effective upon being published on our Website or as otherwise notified.

JURISDICTION AND APPLICABLE LAW

These Terms (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms or their formation) will be governed by and construed in accordance with the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, as do we, regarding any dispute arising from, or related to, these Terms.

Last Updated: November 2019.

TERMS AND CONDITIONS OF SALE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS

SENNHEISER Australia Pty Limited (ACN 165 388 312) (“Sennheiser”, “we”, “us” or “our”) has been appointed by SENNHEISER Electronic GmbH & Co. KG. as an authorised distributor for the Products.. The following terms and conditions (“Terms”) apply to our supply of Sennheiser products listed on our website https://en-au.shop.sennheiser.com (“Website”). Please read these Terms carefully before ordering any products from the Website. To place an order, you are required to accept these Terms at the end of the checkout page. If you have any questions regarding these Terms (including any technical questions), please click here: sales-au@sennheiser.com.

YOUR REPRESENTATIONS AND WARRANTIES

By ordering products from the Website, you represent and warrant that:

you are legally capable of entering into binding contracts; and
you are at least 18 years old;

MAKING A PURCHASE

To make an online purchase, you must create a Sennheiser account.
To order any item, click the shopping cart icon to add the Product to your shopping basket. Once you have finished shopping, please click on the shopping trolley icon in the top right hand corner of the screen. Please click on the button marked "Checkout" and follow the instructions on screen to complete your order.
After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a product from us and placing an order carries with it the obligation to make payment. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either (a) a confirmation that the products have been dispatched (“Order Confirmation”), or (b) the physical product to you.
Each order placed for products via the Website that we accept results in a separate binding agreement between you and us for the supply of products (“Contract”).

AVAILABILITY AND PRODUCT DELIVERY

Although we endeavor to ensure the availability of products shown on the Website, we cannot guarantee that all of the products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:

to offer you equivalent product(s) in terms of quality and price which you may decide to accept or reject; or
to notify you that we are unable to fulfill the order. If you reject our offer of an alternative product or we are unable to fulfill the order, we shall have no further liability to you unless we have already taken payment for the product(s), in which case we shall refund payments already taken from you for the relevant product(s).

Your order will be fulfilled without undue delay and by the delivery date set out in the Order Confirmation or, if no delivery date is specified, within 30 days of the date of the Order Confirmation. If it is not possible to deliver the product within the delivery period indicated, we shall refund you the paid purchase price on request.
Physical products are delivered to you by courier (for example headphones, microphones).
If any delivered product consists of and/or contains software, the software will be licensed by Sennheiser and/or authorised dealers according to the end user licence terms and conditions. You may not duplicate, adapt, transport, provide, sell, change, disassemble, decompile or combine with any other software except to the extent it may be permitted in the licence conditions (if at all).

RISK AND TITLE

The products will be at your risk from the day you (or anyone nominated by you) receive(s) the products.
Title to the products passes to you when we have received payment for them.

PRICE AND PAYMENT

All prices and charges on the Website are in Australian dollars. All prices displayed are inclusive of GST.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Payment for all products must be made prior to order processing. We are under no obligation to deliver the products until we have received payment from you.

CONSUMER RIGHTS

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Please refer to our Returns Policy and product warranties for more information.

OUR LIABILITY

The product specifications and system requirements required to operate products are described in more detail in the product specs which can be found on the Website. We cannot ascertain whether your computer, mobile phone or personal music player fulfils the system requirements and we therefore assume no responsibility or liability for the functionality of your computer, mobile phone or personal music player computer system after using the product.
To the fullest extent permitted by law, all terms, conditions, warranties, undertakings, inducements and representations, whether extent or implied, statutory or otherwise, relating to the products supplied by Sennheiser are excluded.
Sennheiser does not exclude, restrict or modify any liability that cannot be excluded, restricted or modified, or which cannot be excluded, restricted or modified except to a limited extent by law, including liability under the Australian Consumer Law. However, where such statutory provisions apply, and to the extent to which Sennheiser is entitled to do so, Sennheiser’s liability will be limited, at its option, to:

the replacement of the goods or supply of equivalent goods;
the payment of the cost of replacing the goods or acquiring equivalent goods;
the payment of the cost of having the goods repaired; or
the repair of the goods.

NOTICES & CONTACT INFORMATION

All notices to us must be by email to sales-au@sennheiser.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the Website (unless otherwise indicated at the relevant time), 24 hours after an email is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and (in the case of an email) that such email was sent to the specified email address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

EVENTS OUTSIDE OUR CONTROL

10.1.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
10.2.A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

strikes, lock-outs or other industrial action.
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
impossibility of the use of public or private telecommunications networks.
the acts, decrees, legislation, regulations or restrictions of any government.

10.3.Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

WAIVER

11.1.If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms,we will still be entitled to use our rights and remedies in other situations where you are in breach.

SEVERABILITY

12.1.If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

13.1.These Terms represent the entire written agreement between us in relation to the subject matter of any Contract and supersede any prior written agreement, understanding or arrangement between us, whether oral or in writing.

OUR RIGHT TO VARY THESE TERMS OF SALE

14.1.We have the right to revise and amend these Terms from time to time.
14.2.Any Contract will be subject to the Terms in force at the time that you order products from us.

LAW AND JURISDICTION

15.1.Contracts for the purchase of Products placed via the Website (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to those Contracts or their formation) will be governed by and construed in accordance with the laws of New South Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

Last Updated: November 2019