Terms and Conditions

In order to use www.mallmusic.com.au you must read and agree to our Terms & Conditions. They are for your protection and outline our obligations to you, the client. If you remain in any way uncertain, please call our office on 1300 861 669 or send us an email.

This Website is owned and operated by www.mallmusic.com.au (ABN 92 001 723 879), trading as Mall Music.

The following Terms and Conditions govern the use of Mall Music ("Mall Music") Website ("Site"), the materials and information contained therein and related services made available to you via this Site. If you do not agree to these Terms and Conditions, please do not visit or use the Site.

General Disclaimer

Mall Music, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a Linked Web Site.

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Exclusion of Liability and Overall Disclaimer

The materials and information provided on this Site and related communications are provided on and "as is" basis. Mall Music assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Web site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Mall Music. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), Mall Music expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. Mall Music shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Mall Music is expressly advised of the possibility of such loss or damages.

The Terms and Conditions are effective until terminated by Mall Music and Mall Music may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.

Your Activity

You use this site at your sole risk. You agree that you will be personally responsible for your use of this site and for all of your communication and activity on this site. We reserve the right to deny you access to this Site, or any part of this site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Service, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

Mobile Terms of Service

The Mall Music mobile message service (the "Service") is operated by Mall Music (“Mall Music”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Mall Music’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Mall Music through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Mall Music. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18339921846 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Mall Music mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18339921846 or email info@mallmusic.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Links and Third Party Representation on this Site

Mall Music makes no representations or warranties about any other website which you may access through this Site ("Other Website"). When you access an Other Website, that Other Website is independent from this Site, and Mall Music has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Site. Other Websites are not under the control of Mall Music, and Mall Music is not responsible for the accuracy of any information on any Other Website. Mall Music does not monitor or review the content of any Other Website.

You must take your own precautions to ensure that any Other Website that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.

Information and Images in Relation to Product

Referred to in this site has been provided by the respective manufacturers of the relevant products. Product information and illustrations are published with the permission of the relevant manufacturers and/or owners of that product.

Images are representative only and copyright to the owners. Whilst the product information has been carefully checked, its accuracy cannot be guaranteed.

Governing Law

These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.

Nothing contained in these Terms and Conditions derogates from Mall Music's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Mall Music with respect to that use.

In General

In this Site: "Mall Music" means www.mallmusic.com.au (ABN 92 001 723 879), trading as Mall Music and its subsidiaries, associates and officers unless otherwise stated. "Other Website" means websites of persons or entities other than Mall Music, which are linked to and, from this Site. "Your Information" means any information from which your identity is apparent or can be reasonably be ascertained. "Site" means the whole or any part of the web pages located at www.mallmusic.com.au (including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, as well as text, sounds, graphics, animated elements or any other content of this Site.) "We" and "us" and “Mall Music” refer to Mall Music, and "our" has the same meaning. "Third Parties" means persons or entities represented on the Site other than Mall Music.

Exclusions from Promotions

These Terms & Conditions ("Terms") apply to all promotions, discounts, or offers ("Promotions") provided by Mall Music ("we," "us," or "our") on our website. By participating in or using any Promotion, you agree to be bound by these Terms. Please read these Terms carefully before using or participating in any Promotions. If you do not agree to these Terms, you should not use or participate in any Promotion.

Current Promotion Exclusion: First Online Order Discount 5%

Our First Order Discount Promotion offers a 5% discount on eligible products. However, this Promotion excludes the following products and categories:

Products from Roland, BOSS & Shure: The 5% discount does not apply to any products manufactured or sold by Roland, BOSS, or Shure.
Brass & Woodwind Instruments: The 5% discount is not applicable to any Brass or Woodwind instruments.

General Terms & Conditions

Eligibility: The First Order Discount Promotion is available exclusively to customers who are placing their first online order with Mall Music. This promotion is not valid for returning customers.
Promotion Period: The promotional period for this Promotion is not predefined and can be canceled or changed at any time without prior notice. It is your responsibility to check the Promotion's availability on our website.
Stacking Promotions: Unless expressly stated otherwise, Promotions cannot be combined with other promotions, discounts, or offers.
Discount Application: The 5% discount will be applied to eligible items during the checkout process, subject to product and category exclusions as outlined in the Promotion details. The discount will not apply to products that are excluded from the Promotion.
Changes and Cancellations: We reserve the right to modify, extend, suspend, or terminate any Promotion at any time for any reason without prior notice.
Abuse of Promotions: We reserve the right to monitor and investigate the use of Promotions to prevent any abuse or fraudulent activities. If we suspect any violation of these Terms, we may cancel the Promotion or take other appropriate action.
Disclaimer: Our Promotions are provided on an "as-is" basis. We make no warranties, express or implied, regarding the availability, reliability, or quality of any Promotion.
General Conditions: These Terms are in addition to our website's general Terms & Conditions. In the event of any conflict between these Promotion-specific Terms and our general Terms & Conditions, these Promotion-specific Terms shall prevail solely concerning the Promotion.

Returns and exchanges policy

Customer satisfaction

It is very important to us that Mall Music customers are satisfied with their purchase and understand our terms and conditions. Please read the following policy regarding returns and exchanges. If you remain in any way uncertain, please call or email us.

Returnable Goods

A product may be returned subject to the following:

The product is faulty (refer to manufactures warranty conditions).
The product is not the product ordered.
The product does not perform to the Manufacturer’s specifications.

Non-Returnable Goods

Sheet music, CDs, DVDs, magazines and books cannot be returned due to copyright.
Consumables such as guitar strings, cables included in packages, can be returned for a store credit if returned within 14 days of purchase.
Recorders, reeds, harmonicas, mouthpieces and alike cannot be returned or exchanged for hygiene reasons.
Goods cannot be returned if the customer does not know how to use them or has failed to follow instructions or the goods are not compatible with customer’s existing equipment.

Condition

Unless faulty, the product you return must be in: new, unused, pristine and unmarked condition, with all the original packaging in unmarked, saleable condition. Proof of purchase must be provided for all returns. Proof of purchase can be in the form of a receipt or credit card statement.

Mall Music is not responsible for any item that is not returned in a new, unused and unmarked condition. We do not sell imperfect items and will not accept the return of any items which are considered marked or imperfect. Please also note that packaging is an inherent part of the product, and a full refund or credit will not be issued if the packaging is not returned in perfect condition.

For more information on returns and returns procedure please visit Shipping & Returns.

Copyright

You must comply with all proprietary and copyright notices on this site. This website is owned by Mall Music and its associates, and subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means: (a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site; (b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or (c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of Mall Music .

Any software which you download from this Site is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by downloading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.

All trademarks, brands and names appearing on this site are the property of their respective owners.

Nothing contained on this Site should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the Site without the express written permission of Mall Music or third party owner.

All third party trademarks mentioned or displayed on this Site are the property of their respective owners.

Last updated: June 8, 2023