456 RECORDS ONLINE TRADING TERMS AND CONDITIONS

° 456 Records values you as a customer and your right to privacy. Except as may be otherwise required by law, 456 Records will exercise commercially reasonable efforts to ensure that your personal information remains confidential and available only to 456 Records, and its employees, agents, and contractors. 456 Records will not sell your personal information to third parties.

° You will be charged the prices quoted for Products you have selected for purchase at the time you submit your order at checkout.

° It is your responsibility to promptly notify your bank of any changes to your billing information, or of any loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as applicable.

° Notwithstanding any statements on the web pages or these bullet points, the Terms and Conditions are the agreement between you and 456 Records. By submitting each order at checkout, you confirm and affirm that you have read, understood and agree to the Terms and Conditions, of the form in which they appear at the time the order is submitted at checkout.

1. Offer and acceptance. By submitting a completed order form, you offer to purchase, on and pursuant to these Terms and Conditions and the order form, the items (collectively, "Product") you select and submit to 456 Records for purchase via the order form. Your offer may be accepted by 456 Records by sending you an electronic confirmation that your order has been received and accepted. It shall be in 456 Records discretion to accept or reject your offer. If 456 Records accepts your offer, these Terms and Conditions and the order form collectively constitute a legal agreement between 456 Records and you governing your purchase of the Product from 456 Records over the online shopping service.

2. Responsibilities. If 456 Records accepts your order, 456 Records shall, in return for your payment, provide the Product which you order through the online shopping service. The Product shall be immediately standard mailed to you by a 456 Records employee at the delivery address you designate. Your payment for the Product and shipping, including sales taxes and assessments, is due upon completion of your order on-line. 456 Records will charge the payment to the credit card which you submit to 456 Records. You authorize 456 Records to make and collect such charge, and agree to make payment to 456 Records if 456 Records cannot collect the charge for any reason. The total amounts you shall pay for the Product per each order shall be the sums of the respective prices for the items you select and submit via the order form, plus all applicable sales taxes and shipping charges, as reported to you as the "TOTAL" in the order form.

3. Product Pricing and Shipping Charges. You will be charged the prices quoted for Products you have selected for purchase at the time you submit your order at checkout. Shipping charges may also change from time to time, however; you will be charged the shipping charges quoted at the time you submit your order at checkout.

4. Communications. 456 Records shall conclusively presume that online communications received from you through your use of the online order form are accurate, complete, and authorized by you as received by 456 Records. You agree not to contest the validity and binding legal effect of those communications.

5. Credit Cards. You must provide 456 Records with an accurate and complete credit card number and expiration date at the time of submitting your online purchase order. You represent and warrant to 456 Records that your use of any credit card is authorized and legal.

6. Shopper information changes. It is your responsibility to promptly notify your bank of any changes to your billing information or loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as applicable.

7. Delivery. A 456 Records employee shall standard mail the Products to you at a single delivery location you designate.

8. Substitution Policy. Although 456 Records believes that it will have sufficient inventory to fill your orders, it is possible that certain Products may be unavailable, from time to time. In the event an item you have ordered is temporarily unavailable, 456 Records will attempt to notify you and will fill the remainder of your order.

9. Disclaimer of warranty. 456 Records online shopping services are provided on as "AS IS", "AS AVAILABLE" basis, and 456 Records does not provide any assurances of the availability or usability by you of the online shopping services. 456 Records makes no representations or warranties, whatsoever, as to the substance, or the accuracy or sufficiency thereof, of any Product information listed on the web site. 456 Records MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE SHOPPING SERVICES, DELIVERIES, OR OTHERWISE.

10. Limitation of liability. 456 Records shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of your credit card, or other consequence beyond the reasonable control of 456 Records. Any liability of 456 Records, its employees, affiliates, or agents, to you for damages, losses and causes of action, whether in contract, tort, or otherwise, either jointly or severally, shall be strictly limited to the aggregate dollar amount paid by you to 456 Records for the disputed transaction only.

11. Confidentiality. 456 Records values you as a customer and your right to privacy. Except as may be otherwise required by law, 456 Records (i) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential and is available only to personnel who have a need to know such information in connection with providing you with 456 Records online shopping services or otherwise for 456 Records general business purposes and (ii) will not sell your name, address or similar personal information to third parties or permit the use of such information outside the scope of the 456 Records online shopping service or 456 Records general business purposes. 456 Records may, and reserves the right to, use and disclose internally within 456 Records any aggregated information, including information you provide to 456 Records, regarding 456 Records customers and usage of the online shopping service, for any purpose.

12. Applicable law. These Terms and Conditions and the order form, collectively constituting the sole and entire agreement between 456 Records and you regarding the online shopping services, are governed by laws of the State of New South Wales, Australia without regard to conflict of laws rules. The parties agree to jurisdiction and venue for any dispute hereunder solely in New South Wales, Australia.

13. Changes to Terms and Conditions. 456 Records reserves the right to, from time to time, with or without notice to you, in 456 Records sole discretion, amend the Terms and Conditions for use and purchases regarding the online shopping services. Any amendments by 456 Records will be effective only as to orders you place subsequent to 456 Records revisions of these Terms and Conditions on the web site to reflect the amendments. It is your responsibility to review the Terms and Conditions prior to submitting each order and 456 Records has no responsibility to notify you of any changes prior to effectiveness of the changes or otherwise.

14. Terms and Conditions Govern. These Terms and Conditions, as amended from time to time, shall be the sole terms of the agreement between you and 456 Records regarding your online purchases. All statements otherwise made on the web site are intended only for your convenience and do not form and are not included in the terms for your purchase.

15. Taxes. If you become aware of any unpaid sales taxes or other amounts with respect to any purchases, you must expeditiously report this to 456 Records and you must timely pay such taxes or amounts.

16. 456 Records Right to Refuse Service. 456 Records, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason.

 


456 RECORDS | PO BOX 901, ROZELLE, SYDNEY, NEW SOUTH WALES, AUSTRALIA 2039 | Phone +61 (02) 9518 9450
Greg Quail +61 (0) 418 457 247 | email: info@456records.com