AZAU Terms & Conditions
I. General terms and conditions
Welcome to AZAU, Please take some time to read the following condition applicable to purchase items through this website.
The following terms and conditions apply to the use of the website and the Order, purchase, fulfilment and delivery, returns of products and security from www.azau.com.au. By placing an Order, you agree to be bound by the Agreement as amended from time to time.
If there is any uncertainty about any of the terms of the Agreement, please reach to our support team before the completion of any purchase. Each transaction will be governed by the Agreement in force upon the date of that transaction. The Agreement may be reviewed and updated from time to time to take account of new law, regulations, products or technology.
AZAU reserves the right to cancel an Order that has been previously accepted at any time before delivery and for any reason. AZAU may exercise this right where:
(a) AZAU's suppliers are unable to dispatch goods that they previously promised to dispatch;
(b) An event beyond AZAU's control, such as a storm, fire, flood, earthquake, terrorism, power outage, war, strike, or computer system failure, renders AZAU unable to supply the Goods in a reasonable time;
(c) The ordered goods were subject to an error on the Website, such as a description, price, or image, which was not discovered prior to the Order being accepted;
II. Create a member profile
You can auto create an account after you purchase on the online store or access to the particular areas of the website (account).
By registering an account on AZAU, you warrant that all the information and data provided by you is accurate, complete and up-to-date. Please promptly inform our support team or edit via My Account if there is any change to your information or data provided.
Once you have registered an account with AZAU, you hereby declare that you are at least 18 year old and have the necessary legal capacity, right, power and authority to accept these terms and conditions and you are either, accessing this site, using the service and contracting in your own personal capacity or on behalf of a corporation or another legal entity.
When you create a member profile you will request to create a password for that profile. You are responsible for not disclosing, or permit disclosure of the password to any person.
You shall promptly notify AZAU of any known or suspected unauthorised use of your profile, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password.
You may elect to change the Password at any time using the facility provided on the Website. AZAU is not liable for any loss of confidentiality for any damages, cost, expenses or liability arising from your failure to comply with these security measures.
IV. Order for products
The products and services available at the site are only for sale to persons who can make legally binding contracts and commitment in accordance with these Terms.
Orders will be deemed to have been received by AZAU at the time we send an Order confirmation to your nominated email address. If you do not receive any notification, please login to My Account to check the status of your Order.
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.
AZAU reserves the right to reject to enter into a Purchase Contract with you and may cancel your Order at any time prior to dispatch of the products. The Order cannot be cancelled by you once you accept delivery of the products.
Notwithstanding anything to the contrary, while we will use best endeavours to ensure that products advertised for sale on the Website are available for purchase, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.
AZAU does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
V. Website content
AZAU may modify product and service offerings, market conditions, product discontinuation, change in availability, manufacturer changes, errors in advertising, and in other circumstances at our discretion for any reason.
Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may Order through the Website. While we will use best endeavours to ensure that products advertised for sale on the Website are available for purchase, we cannot guarantee the availability of any product.
VI. Price & payment
All prices listed on the site are in Australian dollars and are inclusive of goods and services tax.
All prices shown on the listing on the site exclude delivery fee. Delivery fees are shown on the checkout page.
The price and offers indicted may be changed at any time without advance notice. However, the product shall be charged at the rate in force once the Order has been accepted by AZAU and a confirmation email is sent.
We accept Online Payment using VISA, AMEX or MasterCard debit or credit cards, Apple/Google Pay, Zip or Paypal.
We only accept credit cards issued in Australia. The credit card holder must be either the billing or shipping recipient.
If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.
We will provide you with a receipt at time of delivery (in respect of online payments) or in store (in respect of in store payments) which specifies the total fees and charges for the products and services in your Order. These details are also available under your account for you to refer to or print at any time for the period that your account remains active.
In the occurrence of any isolated pricing issues, AZAU reserves the right to honour or cancel the price depending on stock availability, in accordance with the Australian Consumer Law. Please contact our Customer Service for further details.
*Orders will be shipped once payment has been received. Please keep in mind that it may take up to three business days.*
Where the customer pays by their nominated credit card or one of our third party couriers, the customer warrants that they have the necessary rights to use the payment method and that they are fully authorised to use it to pay for the Order.
Payment for Orders will be processed immediately upon confirmation of your Order.
If your nominated payment method triggers our fraud prevention protocols or without sufficient funds corresponding to the amount of the Order, 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 processed. The customer warrants to provide the requested information within up to 7 days. Failing to this, AZAU reserves the right to cancel your Order and refund back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
AZAU is under no obligation to ship any Orders until payment for those goods has been finalized.
Customers shall state in the Order the Buyer’s preferred delivery option or if available, collection options, and where the delivery option is selected, the address for delivery of the products.
We dispatch your Order via local carriers depending on the items and location of the Order. Shipping and delivery of Orders will be in accordance with the delivery terms of the third party couriers.
You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours. You may be required by couriers to provide proof of identification for verification checks, in accordance with their delivery terms.
A shipping cost of $9.90 will apply to Orders below $300.00 and free shipping on Orders over $300.00 and above. Shipping cost will be stated on the checkout page.
It is the Buyer's responsibility to bear and pay to AZAU for the delivery and shipping charges. The Buyer is also responsible for the delivery, re-delivery, shipment, return, forwarding, re-shipment, and administrative costs, tax, duties, storage and disposal charges and costs for any product(s), which is/are rejected by the Buyer where such rejection is not made pursuant to an express right of the Buyer under these conditions, or where any delivery to the Buyer is unsuccessful for any reason.
Processing time of the Order is 1-2 business days after the payment is validated.
Any shipment, delivery or collection dates provided by AZAU are estimates only and shall not form part of the contract. AZAU shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of AZAU, and AZAU shall be entitled to a reasonable extension of time for the performance of such obligations. If customer Orders have not been delivered within a reasonable time, the customer should contact our support team.
Claims for dead on arrival must be reported within 14 days once the parcel is delivered.
VIII. Return & Refund
You must report any defective product, including those products which carry a manufacturer's warranty, to AZAU by submitting a “return request” through My Account online, describing the reasons and proof of purchase. The defective product has to be returned within 14 days of its delivery, failing which the Buyer shall not be entitled to a replacement product.
If AZAU considers the product to be a defective product, the procedure for returns set out in AZAU policy will apply. The Buyer must deliver the defective product in its original delivered condition and packaging.
AZAU reserves the right to refuse any return or replacement of a defective product if you are unable to produce the product details or tax receipt.
AZAU will not accept any change of mind item that has been opened or used. Change of mind policy included a restocking fee of 15% of item value if the returned item only lacks a seal label. AZAU shall not accept any change of mind item that has been opened or used.
No restocking fee is charged on returned items with the original seal within 14 days from the date of invoice (AZAU invoice). Shipping cost for any returns is borne by the customer.
For health and hygiene reasons, earphones and headphones can only be returned due to change of mind if the returned item is completely sealed. Thus if you have a change of mind about your purchase, earphones and headphones must be completely unopened and unused to receive a refund.
The defective product is a third party product and AZAU is not authorised by the supplier to process returns or replacements.
Your rights under a product warranty are separate to and in addition to any other rights and remedies available to you under Australian law, including under the competition and Consumer Act 2010 (Cth). In relation to returning faulty products, warranty periods are strictly enforced by manufacturers. If a claim is made under a warranty, it is very important that you immediately apply for a Return Authorisation number as soon as you become aware of the need to do so.
When we receive your product, we will assess whether the product has a fault and can be accepted as a warranty claim. We may be required to consult with the manufacturer or their repair agent to determine the fault and resolution. If we have to send your product to the manufacturer or their repair agent, we will ask them to assess the product and provide their assessment within a reasonable timeframe.
Where the assessment finds that there is no fault with the product, or that the product has been damaged due to use of the product by you for a purpose for which it is not intended, outside its recommended parameters or specifications, or circumstances otherwise beyond our control, we may require, at our option, that you compensate us for any fees incurred by us in relation to the assessment. Once your product assessment is completed, we will inform you whether your warranty claim is accepted, whether we will repair, replace or refund your product.
Please see AZAU’s Returns policy for additional terms governing the return of products.
IX. Content Use Conditions
All the Website content is owned and operated by or on behalf of AZAU. You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or have any access to:
- any service
- the site
- any AZAU content except with prior written consent from AZAU or unless expressly permitted in these web terms
All intellectual property rights (Intellectual Property) in any content on the Website, including images, pricing, artwork, its visual design, and the arrangement and display of any content on the Website (material) is owned by, or licensed to, AZAU or the relevant third party product owner.
The content on the Website is for general information purposes only. AZAU does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the content by another person or organisation is at the user's own risk.
The content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of content on the Website is not an endorsement of any organisation, product or service.
We may modify any information on the Website (including content) at our discretion for any reason. All updates and modifications to the Website (including content) will be subject to these Terms.
If you have a complaint regarding any Content on the Website, AZAU's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
X. Prohibited uses
Unless expressly permitted by and in accordance with these Terms, you agree that in accessing and using the Website, you will not:
- Download (other than page caching) or modify the Website or any portion of the Website;
- Impersonate or falsely claim to represent a person or organisation;
- Frame the Website without AZAU's express written permission; or
- Post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
XI. Lined websites
AZAU may provide links to linked sites that may be of relevance and interest to our users. AZAU has no control over, and is not responsible for the content on the linked sites or for any damage you may incur from the linked sites (including any virus, spyware, malware, worms, errors or damaging material contained in the linked sites) or the availability of any content on the linked sites. You hereby irrevocably waive any claim against us with respect to the linked sites.
AZAU does not endorse any entities featured on linked sites or any products or services which may be available from linked sites and have no responsibilities on their content or accuracy.
XII. Access and communication
You agree that AZAU has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the site or services, without assigning any reason.
AZAU does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
Whilst AZAU takes reasonable precautions to protect information transmitted via the Website (for instance, when you access your Account, or you make a purchase, a secure connection via Secure Socket Layer technology is established with your web browser to ensure that your details are encrypted and securely communicated to us), AZAU cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
AZAU does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
You will fully indemnify and hold AZAU, and its officers, agents, partners and employees, harmless from all claims, demand, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses that AZAU, and its officers, agents, co-branders or other partners, and employees, may be subject to, directly or indirectly, due to, or arising out of:
- any use of the site or any site
- your connection to the site
- your breach of any terms and conditions of these Web Terms
- your violation of any rights of another person or entity
- your breach of any statutory requirement, duty or law
XV. Breach and termination
AZAU reserves the rights to immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the site if you have breached any provision of these terms and conditions. We may terminate this agreement and your rights to access the site at any time and for any reason without prior notice to you.
XVI. Warranties, consumer guarantees and limitation of liability
Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, the liability of AZAU for a breach of a non-excludable guarantee referred to in clause 17.3 is limited, at AZAU's option, to:
- in the case of goods supplied or offered by us, any one or more of the following:
a. the replacement of the goods or the supply of equivalent goods;
b. the repair of the goods;
c. the payment of the cost of replacing the goods or of acquiring equivalent goods; or;
d. the payment of the cost of having the goods repaired; or
e. the payment of the cost of restocking the goods
- in the case of services supplied or offered by us:
a. the supplying of the services again; or
b. the payment of the cost of having the services supplied again.
You acknowledge and agree that, AZAU is not the manufacturer or producer of any Non-AZAU Product, and the only warranties offered in respect of a Non-AZAU Product are those of the manufacturer, not AZAU. Except as expressly set out in these Terms and to the extent permitted by law including the ACL, AZAU does not make or will not be deemed to have made any:
- warranty or representation, express or implied, as to:
a. the title, condition, design, operation, acceptable quality or fitness for purpose of any product (or any part thereof);
b. the absence of any latent or other defects;
c. the absence of any infringement of any intellectual property rights (including copyright and patents);
d. the absence of obligations based on strict liability in tort; or
- other representation, guarantee or warranty whatsoever, express or implied,
with respect to any Product or any part thereof or services sold on the Website.
In addition to any manufacturers' warranties for Non-AZAU Products, the Products and services sold on the Website come with certain consumer guarantees. Our goods 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 reasonably foreseeable loss or damage. AZAU does not have to pay for damages or losses that (i) are not caused by AZAU’s failure to meet a consumer guarantee, or (ii) are not reasonably foreseeable.
The consumer guarantees under the ACL have no set time limit, and depending on the price and quality of the Product, you may be entitled to a remedy even after any manufacturers' warranty for Non-AZAU Products has expired. In that circumstance, AZAU recommends that: In relation to Non-AZAU Products, you contact the manufacturer's customer assistance department directly. Although the manufacturer's warranty has expired, the manufacturer may assess the nature, cause and extent of a failure or fault if you believe your consumer guarantees have been breached. If you are not satisfied with the manufacturer's remedy, then please contact us for assistance.
AZAU will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Content, all links to or from the Website or the goods and services advertised or purchased from the Website other than losses that 1) resulted from AZAU’s failure to meet a consumer guarantee; and 2) are reasonably foreseeable.
Subject to this clause to the maximum extent permitted by law, you agree that the the maximum aggregate liability of AZAU for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
XVII. Applicable law and jurisdiction
AZAU is created and controlled in New South Wales, Australia. These website terms and conditions are governed by and construed in accordance with the state of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
XIX. Store credit
Store credit can be redeemed for goods and/or services at www.azau.com.au only. We will apply the store credit on a pro-rata basis across all items in an Order. We will automatically apply store credits against future purchases before asking you for additional payments. Store credit is valid for 12 months from the date it is issued. Any unused Store Credit that remains after the 12 months will be voided and will not be redeemable. The validity date cannot be extended.
Store Credit can only be applied on orders associated with your account or the email address used to place your order. Store credit cannot be transferred to another person or account.
Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time.
If you cancel or return orders using store credit:
- the refund value of an item is the final price you paid for that item; and
- you are only entitled to receive ‘cash’ refunds for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using gift cards or store credits (on an item basis).
XX. Use of Promotional Discount/ Coupon Codes
All promotional price ranges are in AUD (AUD).
Each transaction is limited to one promotional discount or coupon code. The promotion cannot be combined with any other offer.
AZAU reserves the right, at any time, to extend, change, or cancel a promotional discount or coupon code.
To redeem the discount code, customers enter it into the 'Enter discount code' field at the checkout, and the applicable discount is automatically deducted from the final price of the qualifying purchase. If the customer fails to enter the coupon code at the time of purchase, the purchase will be ineligible for the discount. After an order has been placed and confirmed, discounts cannot be claimed.
If the customer requests a refund, the amount refunded for one or more articles will include the pro-rate of the original discount applied.
Customers must first become subscribed to AZAU's newsletter in order to qualify for any promotion.
Only eligible products can be redeemed with the promotions/coupon code.
Except for any liability that cannot be excluded by law, AZAU shall not be liable for any loss, damage, or injury suffered or sustained (even if caused by negligence) as a result of accepting and/or using the coupon.
AZAU accepts no liability for any failure to receive a claim, inaccurate information, or loss, damage, or injury caused by technical or telecommunications problems, including security breaches. If such issues arise, AZAU reserves the right to modify, cancel, terminate, or suspend the coupon.