Contact Info

PHONE:  03 8406 5266

MOBILE:  0413 923 888

EMAIL:  dreamvisionsound@gmail.com

TERMS & CONDITIONS

Dream Vision Sound Terms & Conditions

Products left at our office

If a client leaves their drone, or product, we have been servicing or repairing at our office, they have 3 months to collect their drone or product from the date we have attempted to contact them.  We then reserve the right to dispose of the item/s as we see fit.  

 

General Terms and Conditions:

 

These terms and conditions apply to the use of this website and the ordering, purchase, fulfillment and delivery of Products from www.dreamvisionsound.com

 

These terms and conditions also apply to the Repair Service division of DVS, including the Quote, Repair Notice, Assessment of goods, Repair work undertaken and final test of product being Repaired.

 

Please read the following Terms and Conditions carefully before placing Your Order. These Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability.

 

 

These Terms and Conditions constitute a contract between the customer (You) and DVS.

 

1. Agreement

 

1.1

In these Terms and Conditions We, Our or Us means DVS; 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 DVS. 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 web sites.

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.

3.4

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, the price of the Product cannot be varied except:

  1. by agreement between You and Us in writing or by email

4.2

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

 

5. Product Specifications

 

5.1

Features and 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 the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed.

5.2

All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.

 

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 DVS at the time DVS sends an Order confirmation to Your nominated e-mail address.

6.3

DVS is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4

DVS reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

6.5

In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

6.6

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

6.7

DVS 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 DVS (or its affiliates), and DVS 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 re-delivery fee for each subsequent delivery attempt.

 

7. Payment

 

7.1

You may provide Your nominated credit card during the purchase process described on the Website.

7.2

Payment for Orders will be processed immediately upon confirmation of Your Order.

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. DVS does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

8.2

The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by DVS. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Returns Policy at any time prior to dispatch of the Product(s).

8.3

DVS will not 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 DVS will deliver Products during local business hours (9am to 5pm, Monday to Friday).

8.6

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

8.7

DVS reserves the right to not ship to remote or rural locations.

 

9. Faulty or damaged goods

 

DVS will repair, replace or refund faulty or damaged Products in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law.

 

10. Refunds and returns

 

10.1

Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

10.2

All refunds may take up to 10 business days to be processed.

10.3

Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.

10.4

In order to facilitate a return under the Returns Policy, please contact Us through our email service.

10.5

The Customer must comply with directions from staff to facilitate a return.

10.6

Returned Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.

10.7

Subject to clause 10.8, It is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

10.8

Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of:

  • the nature of Our failure to comply with the consumer guarantee, or

  • the size or height, or method of attachment, of the Product

Where You are returning a Product to us, we take no responsibility for a Product lost in transit.

If subsection (b) applies, We will, within a reasonable time, collect the Products at Our expense.

10.9

Please refer to our Returns Policy page for further information.

 

11. Warranties

 

11.1

Each Product sold on the Website is covered by a 12 month Standard Warranty.

11.2

Extended Warranties are available for purchase for some Products, as listed on the Website. They may be purchased up to 14 days after delivery of your Products.

11.3

We will carry spare parts for each Product for a reasonable period, which we consider generally corresponds with the length of the Standard and/or Extended Warranty period (1, 3 or 5 years as the case may be).  DVS reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.

11.4

Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.

 

12. Liability

 

To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

 

13. Intellectual Property

 

All Intellectual Property in any Material on the Website is the property of DVS. 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.

 

14. Privacy

 

By placing your Order or otherwise contacting DVS, 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 page.

 

 

15. Miscellaneous

 

15.1

Title and risk in the DVS Products pass to You at the point of dispatch or embarkation by DVS to Your courier.

15.2

DVS reserves the right to make changes to the DVS 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.

15.3

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

15.4

A failure or delay by DVS 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 DVS does not preclude its future ability to exercise that or any other power or right.

15.5

Insofar as they apply to the ordering, purchase, fulfillment and delivery of DVS Products from www.dreamvisionsound.com, these DVS Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.

15.6

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

 

16.  Repairs

 

16.1

Definitions and application of terms

These terms apply to the customer's goods "the Product" and DVS's service "the Service" specified in Product Received Record issued by DVS to the Customer.

To the extent permitted by law, they apply in addition to any other terms which DVS may notify the Customer in writing and the Customer may accept. In the event of conflict the later terms will prevail.

16.2

Timing

DVS will use its best endeavors to perform the Services by

any date notified to the Customer, but will not have any liability to

the Customer for failing to so do.

16.3

Payment

16.3.1

All chargeable Services (including the provision of spare parts

and other materials) will be paid for by the Customer at

DVS's current rates (including GST). Additional charges,

including insurance quote fees and freight cost, are also payable by

the Customer.

16.3.2

All amounts payable by the Customer must be paid on

collection either by EFT, Cash on Delivery, accepted credit cards or bank

cheques. Personal cheques are not accepted without prior

arrangement.

16.4

Transportation of goods that are not covered by DVS's Limited warranty

16.4.1

The Customer is responsible for arranging for delivery of the

Product to service depot. DVS has no responsibility for any

loss or damage that may happen to the Product in transit to and

from DVS.

16.5 Warranty

16.5.1

DVS warrants that any repairs to the Product performed

by DVS will restore the Product to compliance with

manufacturer's specifications. DVS will, at its option either

repair or exchange the faulty parts within the Product, or the

Product itself, with items that are functionally equivalent to that as

originally supplied, or better, during the warranty period stated for

the model, using new or refurbished parts or units, solely at

DVS's discretion. Ownership of items is surrendered to each

party on exchange. Repair or exchange is subject to the original

item being genuine and unaltered.

16.5.2

The warranty stated in clause 16.5.1 will be the balance of the

Product Warranty, or ninety (90) days, whichever is greater.

16.5.3

To extend permitted by law all terms other than the ones and

any additional terms referred to in clause 1, including (without

limitation) all implied and statutory warranties and conditions, are

excluded. Where any law (such as Australian Consumer Law or

New Zealand's Consumer Guarantee Act and Commerce Act)

prevents this exclusion from operating in relation to a particular

term, to the extend permitted by that law DVS limits it's

liability for the breach of that term to the remedy to resupply the

source.

16.5.4

Repair to the goods may result in loss of the data. It

includes, for example, songs, photos, telephone numbers and

electronic documents.

DVS is not responsible for any loss of data and recommends that the

Customer backs up and secures the data prior sending the goods in

for repair or service.

16.5.5

Goods presented for repair may be replaced by

refurbished goods of the same type rather than being

repaired. Refurbished parts may be used to repair the goods.

 

17. Disposal of uncollected goods

 

17.1

This clause applies if the Customer fails to collect the Product

after completion of the Services or the Customer was supposed to

do so and/or following quotation where no Customer instructions

are received by DVS. In those circumstances, the Customer

agrees that DVS may dispose the Product in accordance

with this clause.

17.2

DVS will notify the Customer by phone, SMS or email

that the Product has been repaired. If, after three (3) months of

such notification, the Customer has not paid for the repair and/or

collected or made arrangements for the collection of the Product,

DVS will deem the Product "abandoned" and DVS may, in

its absolute discretion, dispose of the Product in accordance with

Clause 17.3 hereof.

17.3

If after three (3) months from the date of repair being

completed the Customer has not collected the Product or

requested Mobilecare to send the Product to the Customer,

DVS may dispose of the Product by such means as it

considers appropriate, including (but not limited to) private sale,

auction, gift or destruction. DVS will apply the proceeds of

any sale of the Product in the following sequence until the

proceeds are exhausted:

(a) To pay any amount owed by the Customer in relation to the

Services;

(b) To pay any unpaid fees of the kind referred to in clause 6.3;

(c) To pay any other amounts owed by the Customer to

DVS; and

(d) As a donation to a registered charity of DVS's choosing.

17.4

If the proceeds of sale of the Product are insufficient to cover

the amounts referred to in the paragraphs 6.3(a)-(c) above,

DVS reserves the right to recover the shortfall from the

Customer.

17.5 The Customer may collect the Product or instruct DVS

to send the Product to the Customer at any time up until, but not

after, four (4) months from the date of invoice, provided that

DVS will not be obliged to release or send the Product until

after the Customer has paid any outstanding amounts owed to

DVS.

 

18. Liability

 

18.1

Apart from the liabilities accepted by DVS in clauses 16.2

and 16.3, DVS expressly excludes all liability to the Customer

in relation to the Services, the Product and anything done or not

done by DVS in accordance with these terms.

18.2

This exclusion includes (but is not limited to) liability in negligence and

liability for indirect, special or consequential loss (including without

limitation loss of or defective software, data, wasted expenditure,

loss of income or business opportunities and loss of employment).