TERMS AND CONDITIONS OF SUPPLY
This page (together with our privacy policy TRUEVOICEONLINE.COM/privacy-policy, terms of use TRUEVOICEONLINE.COM/terms-n-conditions tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 TRUEVOICEONLINE.COM is a site operated by True Voice Global ("We"). We are registered in Australia under company number 85850260992 and have our registered office at Lv1, 71 Macquarie St., Sydney NSW 2111
1.2 Contacting us if you are a customer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is email us at support@truevoiceonline.com. If you use this method we will e-mail you to confirm we have received your cancellation. If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
(b) If you wish to contact us for any other reason, you can contact us by e-mailing us at support@truevoiceonline.com
(c) If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order.
1.3 Contacting us if you are a business:
You may contact us by by e-mailing us at support@truevoiceonline.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 17.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. USE OF OUR SITE
Your use of our site is governed by our terms of use. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our privacy policy. Please take the time to read our privacy policy, as it includes important terms which apply to you.
5. IF YOU ARE A CUSTOMER
If you are a customer, you may only purchase Products from our site if you are at least [18] years old.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 These Terms and any privacy policy TRUEVOICEONLINE.COM/privacy-policy and terms of use TRUEVOICEONLINE.COM/terms-n-conditions constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them or our privacy policy TRUEVOICEONLINE.COM/privacy-policy and terms of use TRUEVOICEONLINE.COM/terms-n-conditions.
6.3 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. It is your responsibility to ensure that we have your correct email address. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.
9. YOUR CUSTOMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a customer.
9.1 If you are a customer, you have a legal right to cancel a Contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
9.2 However, this cancellation right does not apply in the case of sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract
End of the cancellation period
1. Your Contract is for a single Product (which is not delivered in instalments on separate days).
1. The end date is the end of 30 days after the day on which you receive the Product.
2. Your Contract is for either of the following:
- One Product which is delivered in instalments on separate days.
- Multiple Products which are delivered on separate days.
2. The end date is 30 days after the day on which you receive the product. In the case of instalments, you may pause or stop payments after the initial 30 day period, however you will lose access to the product.
3. Your Contract is for the regular delivery of a Product over a set period.
3. The end date is 30 days after the day on which you receive the first delivery of the Products
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at support@truevoiceonline.com. If you use this method we will e-mail you to confirm we have received your cancellation.
If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
9.5 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within [3-5] days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible. If there have been any costs incurred in relation to you Product, this will be deducted from the refund amount.
10. DELIVERY
10.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
10.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.3 You own the Products once we have received payment in full, including all applicable delivery charges and payment plan payments.
10.4 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) We have refused to deliver the Products;
(b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
11. INTERNATIONAL DELIVERY
11.1 We deliver globally.
11.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. PRICE OF PRODUCTS AND DELIVERY CHARGES
12.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure or use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product includes local taxes (where applicable).
12.4 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. HOW TO PAY
13.1 You can only pay for Products using a debit card, credit card or Paypal.
13.2 Payment for the Products and all applicable delivery charges is in advance.
14. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 14 only applies if you are a business customer.
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes unless you have purchased a licence from us.
15. OUR LIABILITY IF YOU ARE A CUSTOMER
This clause 15 only applies if you are a customer.
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
15.2 You agree not to use the product unless a licence is purchased from Us for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 If you are a customer, please note that these Terms are governed by Australian law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Australian law.
15.4 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Australia.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us by email. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid minus any set up costs or affiliate payment payments we have incurred, including any delivery charges.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to "in writing", this will include e-mail.
17.2 If you are a business:
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered by e-mail.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.