Terms of Sale for non-credit account/non-website sales

Welcome to the JB Hi-Fi website.  By using the JB Hi-Fi website you agree that your use of the JB Hi-Fi website is subject to these Terms of Trade.  Please read them carefully. JB Hi-Fi may from time to time amend these Terms of Trade without prior notice.

  1. Application of these terms and conditions
    • These terms and conditions constitute a legally binding contract between you, (“you”) and JB Hi-Fi Group Pty Ltd (ACN 093 114 286) (“JB Hi-Fi”) and apply to any purchase of goods and/or services by you from JB Hi-Fi Group Pty Ltd t/a JB Hi-Fi Solutions, excluding the following “Excluded Transactions”:
      a) purchases of goods and/or services ordered on the JB Hi-Fi Solutions website or any other JB Hi-Fi website;
      b) purchases of goods and/or services ordered under a credit account that you hold with JB Hi-Fi;
      c) purchases of goods and/or services from JB Hi-Fi retail stores.
    • Please read the following terms and conditions carefully before placing your order. The terms and conditions contain important information about your purchase of goods and/or services from JB Hi-Fi.
    • By placing an order for goods and/or services from JB Hi-Fi Solutions other than an Excluded Transaction you:
      a) agree to these terms and conditions and agree that they will, in all circumstances, prevail over your terms and conditions of purchase (if any) and override any terms and conditions contained in quotes, invoices or other documentation (including, without limitation, any terms and conditions attached or forming part of any purchase order) exchanged between the parties whether or not such documents expressly provide that they override these terms and conditions; and
      b) acknowledge that you are a sole trader, partnership, company, trust, institution (including a school) or a government body and are not an individual acquiring the goods and/or services wholly or predominantly for personal, domestic or household use or consumption.
  2. Price List and Orders
    • Any price list made available by JB Hi-Fi from time to time and/or any quotation provided by JB Hi-Fi is not an offer or obligation to sell and JB Hi-Fi reserves the right to accept or reject, in its absolute discretion, any orders which may be received by it.
    • The prices quoted or made available by JB Hi-Fi from time to time are subject to change without notice. Once an order has been accepted by JB Hi-Fi, JB Hi-Fi will be bound by the price in the accepted order unless JB Hi-Fi has, prior to accepting the order, notified you of the possibility of price change (for example, where orders are placed a significant time before delivery).
  3. Payment Terms and Charges
    • JB Hi-Fi will usually insist upon cleared payment being received before the goods and/or services are delivered to you.
    • Payment for the goods or services supplied by JB Hi-Fi to you must be made without deduction unless otherwise agreed.
    • Each amount payable by you under these terms and conditions in respect of a “taxable supply” (as defined in the GST Act) by JB Hi-Fi is a GST exclusive amount and you must, in addition to that amount and at the same time, pay the GST due in respect of that supply.
    • Payment shall be deemed to have been made:
      a) if cash is tendered – on the date it is tendered;
      b) if a credit card is tendered – on the date upon which the credit is authorised by JB Hi- Fi’s bankers; and
      c) if a cheque or other negotiable instrument is tendered or payment is made by direct debit – on the date upon which such cheque, other negotiable instrument or direct debit is cleared by JB Hi-Fi’s bankers.
    • For payments tendered by AMEX or Diners Club credit cards an additional surcharge will be added to the invoice total. As at the time of drafting, the current surcharge for each is 2.65% (including GST) but these amounts are subject to change without notice.
  4. Orders and Delivery
    • You agree that JB Hi-Fi may, without incurring any liability, refuse to accept any order for goods or services made by you in whole or in part at its absolute discretion.
    • Each order placed by you shall be deemed to include a representation that you are solvent and able to pay all of your debts as and when they fall due.
    • When any order is placed, you must inform JB Hi-Fi of any facts which might reasonably be expected to affect any decision to accept the order. Any failure to do so shall be deemed to create an inequality of bargaining position, the taking of an unfair advantage of JB Hi-Fi and to be unconscionable, misleading and deceptive.
    • From time to time the specifications of goods supplied by JB Hi-Fi may be changed by the manufacturer of the goods. JB Hi-Fi will inform you if the specifications of the goods change to a material extent.
    • From the time of placing an order (including forward orders), you are obliged to accept and pay for the goods and/or services in accordance with these terms and conditions and:
      a) a cancellation, or alteration, of the order by you for any reason (other than as permitted by clause 4.8); or
      b) any delay in delivery of the order by JB Hi-Fi pursuant to clause 4.9,
      shall not discharge this obligation to accept the goods or services and make payment.
    • Where JB Hi-Fi cancels an order pursuant to clause 9 or clause 4.13, you must pay JB Hi-Fi an amount equal to the price that would have been payable to JB Hi-Fi for the goods and/or services and you agree that this amount is a genuine pre-estimate of the loss that JB Hi-Fi is likely to suffer as a result of the cancellation.
    • Alternatively (at JB Hi-Fi’s absolute discretion), where an order is cancelled or altered by you, delayed in delivery pursuant to clause 4.9, or cancelled by JB Hi-Fi pursuant to clause 9 or clause 4.13, JB Hi-Fi may agree that instead of you fulfilling your obligations set out in clause 4.4 or 4.6 (as applicable) you may instead pay to JB Hi-Fi a restocking fee equal to 20% of the relevant order value.
    • Subject to clause 4.9, JB Hi-Fi shall use its reasonable endeavours to ensure that the goods are available within the time frame requested by you, but shall not be liable for any loss or damage caused by any delay. You shall only be entitled to reject the goods or cancel the order by reason of any delay if the delivery of the goods is delayed by more than 60 days after the agreed delivery date and where the delay is not the result of JB Hi- Fi’s action under clause 4.9 or force majeure as set out in clause 12.
    • In the event that any payment due to JB Hi-Fi by you is overdue, then JB Hi-Fi may (without any liability to you) choose to delay delivery of any goods or services that have been ordered by you but not yet delivered to you, despite the fact that JB Hi-Fi has previously accepted the order for these goods or services. JB Hi-Fi shall not be liable to you (whether under this contract, in tort, statute, equity or otherwise whatsoever) for any loss, damage, costs or expense whatsoever (including without limitation, legal costs, any consequential, indirect or special loss, loss of profits or revenue, loss of bargain, additional expense incurred to work around a failure to supply, or loss of opportunity) incurred by you as a result of JB Hi-Fi doing this.
    • Responsibility for delivery of the goods shall be as agreed by the parties.
    • Subject to the provisions of any specific terms and conditions relating to the delivery of the goods to you, if JB Hi-Fi is responsible for delivery of the goods, JB Hi-Fi shall be responsible for any loss or damage to the goods in transit and delivery of the goods shall be deemed to take place upon arrival of the goods at your premises.
    • If you are responsible for delivery, you are responsible for any loss or damage to the goods in transit and delivery of the goods shall be deemed to take place at the time the goods leave the premises of JB Hi-Fi (or JB Hi-Fi’s supplier if they are being delivered directly to you).
    • JB Hi-Fi has the right to deliver goods by instalments. Failure by JB Hi-Fi to deliver any instalment will automatically be deemed to be a back order and will not entitle you to cancel the balance of the order. If you fail to take delivery of any instalment (except as agreed in advance with JB Hi-Fi), JB Hi-Fi may cancel the balance of the order.
    • JB Hi-Fi is entitled to charge, and you must pay, JB Hi-Fi’s costs and expenses associated with handling and/or holding any goods in the event of Delayed Delivery and JB Hi-Fi’s costs and expenses of any Frustrated Delivery. For the purposes of this clause “Delayed Delivery” means where you are not able to take delivery of the goods within 30 days from the date on which you are notified that the goods are ready for collection and “Frustrated Delivery” is where JB Hi-Fi attempts to deliver the goods to you at an agreed place and time and you are unable or unwilling to take delivery of the goods.
  5. Acceptance
    • You must inspect the goods upon delivery and must within 7 days from the date of delivery give written notice to JB Hi-Fi of any claim that the goods are not in accordance with these terms and conditions or your order. Except where you are a Consumer, if you fail to give such notice, then to the extent permitted by law, the goods shall be deemed to have been accepted by you and you shall pay for the goods in accordance with these terms and conditions.
  6. Risk and Retention of Title
    • Until full payment in cleared funds is received by JB Hi-Fi for all goods supplied by it to you, as well as all other amounts owing to JB Hi-Fi by you under any other contract, legal title and property in all goods supplied under this contract remains vested in JB Hi-Fi and do not pass to you.
    • Risk passes to you upon delivery of the goods to you.
  7. Returns
    • Except to the extent otherwise required by law, all returns of goods where there has been no breach of either: (a) these terms and conditions; and (b) an applicable Consumer Guarantee, must be approved in writing by JB Hi-Fi (Approved Returns). Any JB Hi-Fi policy under which refunds for non-faulty goods returned by the customer are or may be provided shall NOT apply to any order for goods and/or services to which these terms and conditions apply. JB Hi-Fi reserves its absolute discretion to accept or reject requests for return of goods where JB Hi-Fi is not in breach of either: (a) these terms and conditions; or (b) an applicable Consumer Guarantee. Approved Returns must be freight prepaid.
    • JB Hi-Fi will credit Approved Returns only if they are in saleable condition (as reasonably determined by JB Hi-Fi) upon return and then only upon conditions acceptable to JB Hi-Fi and at your entire cost and provided the goods are and remain sealed in a manner in which they were delivered and accompanied by documentation showing:
      a) customer name, address and account number;
      b) invoice number; and
      c) the reason for return and copy of approval issued by JB Hi-Fi.
    • Approved Returns are at your risk as to loss or damage until such time as the goods reach JB Hi-Fi’s place of business.
  8. Claims and limitation of liability
    • Our goods usually come with warranties from the manufacturer. Your rights under these warranties are governed by the specific terms of the warranty. JB Hi-Fi has no liability to you in respect of such warranties.
    • Except where you are a Consumer, JB Hi-Fi is not liable for any loss (including special, indirect or consequential loss, loss of profits or revenue, loss of business, loss of reputation, loss of goodwill, loss of opportunity arising or loss caused by the negligence of JB Hi-Fi) suffered or incurred by you in connection with any act or omission of JB Hi-Fi.
    • In respect of goods supplied under these terms and conditions, subject to clause 8.5, if you are a Consumer the liability of JB Hi-Fi for loss, however caused (including by the negligence of JB Hi-Fi), suffered or incurred by you because of a failure to comply with a Consumer Guarantee is limited to JB Hi-Fi (at its election):
      a) replacing the goods or supplying equivalent goods;
      b) repairing the goods;
      c) paying the cost of replacing the goods or of acquiring equivalent goods; or
      d) paying the cost of having the goods repaired.
    • In respect of services supplied under these terms and conditions, subject to clause 8.5, if you are a Consumer the liability of JB Hi-Fi for loss, however caused (including by the negligence of JB Hi-Fi), suffered or incurred by you because of a failure to comply with a Consumer Guarantee is limited to JB Hi-Fi (at its election):
      a) resupplying the services; or
      b) paying the cost of having the services re-supplied.
    • Clauses 8.3 and 8.4 do not apply if it is not fair or reasonable for JB Hi-Fi to rely on them, if the goods are Consumer Goods, the services are Consumer Services or in relation to Title Guarantees.
    • 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.
  9. Termination
    • JB Hi-Fi may, at its option, cancel any order for goods and/or services placed by you:
      a) immediately by notice in writing, if you breach these terms and conditions; or
      b) immediately by notice in writing in the event that any payment due to JB Hi-Fi by you is overdue;
      c) immediately by notice in writing if you suspend payments of your debts generally, are or become unable to pay your debts when they are due, an application or order is made for your winding up or dissolution or a resolution is passed or any steps are taken to pass a resolution for your winding up or dissolution, or you are placed under official management, or a receiver, or a receiver and manager, or an administrator (or similar official) is appointed in respect of you; or
      d) immediately by notice in writing, if you cease carrying on business or JB Hi-Fi believes that you will do so.
    • JB Hi-Fi shall not be liable to you (whether under this contract, in tort, statute, equity or otherwise whatsoever) for any loss, damage, costs or expense whatsoever (including without limitation, legal costs, any consequential, indirect or special loss, loss of profits or revenue, loss of bargain, loss of reputation or goodwill, additional expense incurred to work around a failure to supply, or loss of opportunity) incurred by you as a result of JB Hi-Fi cancelling any order pursuant to clause 9.1.
    • Clauses 8, 10, 11 and 13 survive termination of this Agreement.
    • Termination of this Agreement or the terms of credit will be without prejudice to any accrued right or remedy of a party in relation to any breach of, or default under, this Agreement or the terms of credit by the other party occurring prior to termination.
  10. Other Terms and Conditions and Variation
    • Clause 10.2 shall not apply if you are a Consumer.
    • Subject to clause 10.3, these terms and conditions supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the goods and services including, but not limited to, those relating to the performance of the goods or services or the results that ought to be expected from using the goods or services.
    • You acknowledge that separate terms and conditions relating specifically to the delivery of the goods by JB Hi-Fi (“Delivery Terms and Conditions”) may apply in addition to these terms and conditions. In the event of any conflict between the provisions of the Delivery Terms and Conditions and these terms and conditions, the Delivery Terms and Conditions shall prevail.
    • These terms and conditions may only be varied: (i) if agreed by the parties in writing; or (ii) by JB Hi-Fi giving notice to you in writing. If these terms and conditions are varied by JB Hi-Fi giving notice to you in writing, the amended terms and conditions shall only apply to orders accepted by JB Hi-Fi after the date of variation.
    • Each of the rights and remedies available to JB Hi-Fi as set out in these terms and conditions shall be in addition to, and shall not derogate from, any other rights and remedies available including, without limitation, under contract, in tort, under statute, in equity or for specific performance.
  11. Expenses
    You must pay to JB Hi-Fi all reasonable costs, charges and expenses (including legal fees on a full indemnity basis) incurred by JB Hi-Fi, its legal advisers, mercantile agents and others in connection with any failure by you to comply with these terms and conditions, the recovery of monies owed or the re-possession of any goods.
  12. Force Majeure
    JB Hi-Fi will not be, or deemed to be, in default or breach of any contract or these terms and conditions as a result of the effects of force majeure. Force majeure will include any cause beyond the reasonable control of JB Hi-Fi (such as, without limitation, an act of God, fire, explosion, unusual or extreme weather conditions, terrorism, war, civil disturbance, industrial action, actions or failures by third party suppliers, power cuts, internet failures, technical failures or issues, cable damage, cyber attack, viruses, malware or security breach). JB Hi-Fi will not be liable for any loss incurred as a result of delay or failure to meet an order or to observe the terms of these terms and conditions due to the effects of force majeure.
  13. General Provisions
    • These terms and conditions shall be governed by the laws of the State of Victoria and JB Hi-Fi and you submit to the non-exclusive jurisdiction of the Courts of that State.
    • No waiver by JB Hi-Fi of any one breach of these terms and conditions by you shall operate as a waiver of another breach of the same or of any other term by you.
    • You acknowledge that neither JB Hi-Fi nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in your order or these terms and conditions in relation to the fitness of the goods for any particular purpose or in relation to any services provided by JB Hi-Fi or any other matter.
    • Any provision of these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
  14. Definitions
    In these terms and conditions:
    Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the Fair Trading Act 1999 (Vic);
    Consumer has the meaning given to it in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
    Consumer Goods means goods of a kind ordinarily acquired for personal, household or domestic use or consumption, as that expression is used in section 3 of the Australian Consumer Law;
    Consumer Guarantee has the meaning given to it in section 3 of the Australian Consumer Law;
    Consumer Services means services of a kind ordinarily acquired for personal, household or domestic use or consumption, as that expression is used in section 3 of the Australian Consumer Law, GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
    and Title Guarantee means a guarantee pursuant to any of section 51, 52 or 53 of the Australian Consumer Law.

JB Hi-Fi Group Pty Ltd
Version 3
19 April 2016

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