Terms & Conditions
2. Specific Warnings
3. Linked Websites
4. Customer Account
9. Delivery, Risk and Title in the Goods
10. Faulty or Damaged Goods
12. Intellectual Property
14. Limitation of Liability
17. Gift Cards
The following is the Agreement which applies to your use of web pages, software, networks and processes associated with the Website, including the purchase of Goods using the online purchase service operated by JB Hi-Fi Limited ("JB Hi-Fi, us or we"). By browsing through the Website, or opening an Account, you agree to the terms of this Agreement. Please note that the Agreement may be amended in the future and you should review it every time you access the Website.
1.1 In these terms and conditions:
“Account” means the personalised account created by you on the Website enabling the Order of Goods.
“Agreement” means these terms and conditions, including the terms of any Order placed by you through the Website (if applicable).
“Goods” means any products described in an Order and includes packaging.
“Intellectual property” means all rights in patent, copyright, trade names, trade marks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Website.
“Order” means a request submitted by you to purchase Goods from JB Hi-Fi through the Website.
“Restricted Material” means any product displayed for sale on the Website, the sale of which is restricted to persons of a certain age.
“Website” means the internet site located at [insert home page address] operated by JB Hi-Fi.
1.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supercedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. All references to dollar amounts are references to New Zealand dollars.
2.1 You must ensure that your access to, or use of, the Website is not illegal or prohibited by laws which apply to you.
2.2 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. JB Hi-Fi takes no responsibility for any such damage which may arise in connection with your use of the Website.
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. JB Hi-Fi will not be responsible for the content or privacy practices associated with linked web sites.
4.1 You must create an Account before placing an Order for Goods through the Website.
4.2 You warrant that all information and data provided by you in the creation of your Account is accurate and up to date.
4.3 You must notify JB Hi-Fi immediately if you become aware of any unauthorised use of your password or of any other security breach relating to your Account.
5.1 JB Hi-Fi takes no responsibility for the content of any Goods purchased through the Website.
5.2 You warrant that, if your Order includes Restricted Material, you are eligible to purchase such Goods.
6.1 Prices displayed on the JB Hi-Fi website are subject to change without notice. Prices for items on an order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.
6.2 All pricing displayed on the Website is for online purchases only and may not be matched at any physical JB Hi-Fi retail location.
6.3 All pricing displayed in any or all physical JB Hi-Fi retail locations may not be matched by the Website.
6.5 The JB HI-FI FREE FREIGHT limited promotion applies to standard shipping services to New Zealand addresses only from 2nd November 2010. Excludes locations where door-to-door is not available and remote locations that require light aircraft or barge transport.
7.1 You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and pressing the “Complete Order ” button. Orders will be deemed to have been received by JB Hi-Fi at the time JB Hi-Fi sends an Order confirmation to your nominated e-mail address.
7.2 Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.
7.3 JB Hi-Fi reserves the right to not accept Orders that request commercial quantities of Goods. If JB Hi-Fi is unable to supply your total Order this Agreement will apply to the supply of all or part of the Order.
7.4 JB Hi-Fi will use its best endeavours to supply Orders placed through the Website, however JB Hi-Fi reserves the right to cancel any Order without notice for any reason.
7.5 In event of a cancelled Order, any payments processed by JB Hi-Fi will be promptly refunded
7.6 Customers who wish to cancel a Order must notify JB Hi-Fi via our contact page HERE by 9am on the next business day following the date of Order, quoting the Order reference number.
7.7 You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances JB Hi-Fi accepts no responsibility.
8.1 You may provide your nominated credit card details during the purchase process described on the Website.
8.2 Once the Goods the subject of your Order are received from suppliers and are ready for dispatch, JB Hi-Fi will process payment for the Goods (plus any delivery charges) using your nominated credit card (Visa or Mastercard).
8.3 You authorise JB Hi-Fi to debit such amount from your nominated credit card.
8.4 If your nominated credit card is declined by your financial institution, JB Hi-Fi will not be able to guarantee the delivery of the Goods, and may contact you to make alternative payment and delivery arrangements.
8.5 JB Hi-Fi may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment by another method that is acceptable to JB Hi-Fi.
8.6 JB Hi-Fi may require you to provide additional proof of your ID for certain online credit card purchases in accordance with JB Hi-Fi’s fraud detection systems and processes. Where this is the case, your Order will be placed on hold and JB Hi-Fi will send you an email requesting that you send a copy of an ID document or your credit card to JB Hi-Fi within a specified period. If you are not willing or able to do this then your Order will be cancelled.
9.1 JB Hi-Fi will use its best endeavours to deliver the Goods to your nominated delivery address within the time period specified at the time of placing your Order, however JB Hi-Fi will not be liable to you or anyone else for any losses suffered or incurred due to delay.
9.2 Subject to payment, property and risk in the Goods passes to you upon delivery of the Goods to your nominated delivery address.
10.1 JB Hi-Fi will use its best endeavours to repair or replace any faulty Goods, or Goods damaged prior to delivery.
10.2 Damaged or faulty Goods will be repaired or replaced (at the discretion of JB Hi-Fi) or where repair or replacement of damaged or faulty Goods is not possible (in the opinion of JB Hi-Fi) a full refund will be issued for the value of the damaged or faulty Goods.
10.3 All damaged and faulty goods must be returned to JB Hi-Fi.
11.1 Other than in accordance with clause 10, JB Hi-Fi will only accept the return of Goods that have been supplied incorrectly, or vary from their description on the JB Hi-Fi website
11.2 If you have a return, please refer to our returns policy for more information.
12.1 All Intellectual Property in any Material on the Website is the property of JB-Hi-Fi, its advertisers or third party providers. Unless expressly authorised under this Agreement, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
13.1 You waive, release, discharge and relinquish any and all claims that you now have or may have against JB Hi-Fi which are connected with, arise out of, relate to or are incidental to the use of the Website.
13.2 You agree to indemnify JB Hi-Fi and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by JB Hi-Fi arising out of or in connection with the Website by any other person as a result of your, or any person using your password’s:
(a) act or omission;
(b) breach of this Agreement; or
(c) infringement of any Intellectual Property on the Website.
14.1 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of JB Hi-Fi (in negligence or otherwise) is limited (at the option of JB Hi-Fi) to the resupply of goods or services, or the cost of having the goods or services supplied again. JB Hi-Fi shall not be liable for any indirect or consequential loss.
14.2 Nothing in these terms and conditions is intended to limit or exclude any liability on JB Hi-Fi’s part where and to the extent that applicable law prohibits such exclusion or limitation.
15.1 JB Hi-Fi may terminate or suspend this Agreement at any time by sending you a notice by e-mail to your nominated e-mail address advising that your Account has been suspended, such termination to be effective the day the notice is received or such later date as specified in the notice.
16.1 JB Hi-Fi Ltd (“JB Hi-Fi”) is committed to protecting the privacy of your personal information not only because of our legal and ethical commitment to compliance with the law but because we know that you care how information about you is used and shared. We do not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this Privacy Statement.
We collect and hold the following types of personal information.
1. Information about individuals who are customers or target customers as given to us by those individuals or obtained in the public domain from other sources such as magazines and newspapers.
2. Information about roles, means of communication with and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
The information is held in hard copy and electronic records in data storage systems which permit lawful access only by those company officers, employees and contractors who need access to perform their functions. It is destroyed when it is no longer useful or it is unreliable and cannot be corrected.
We gather personal information about you for the purposes of:
• marketing, supplying or delivering our products to you;
• carrying out repair work which you have requested;
• improving and developing our products; and
• expanding our business.
We share personal information with wholly owned subsidiaries of the JB Hi-Fi and as described below. All JB Hi- Fi subsidiary companies are subject to this Privacy Statement and follow practices described in this Privacy Statement.
We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party contractor to deal with customer enquiries, product orders and deliver our products to you. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact our Customer Feedback Officer at JB Hi-Fi Ltd, PO Box 561, Chadstone Centre, Victoria, 3148, Australia. A $25 administration fee will be charged for the retrieval of any personal information.
16.1 Any information collected about you through this web site is used exclusively for the purpose of processing orders, improving your shopping experience, or to communicate with you regarding products and services and special promotions. We will only collect personal information to the extent deemed reasonably necessary to serve our legitimate business purposes. We will store any information that you provide securely and will not sell or release it to any other business or person.
17. 2. Gift Cards are not redeemable for cash or travelers cheques and will only be up to the value as stated on the Gift Card. The Gift Card does not have any monetary value and can only be exchanged for goods and services.
17.3. Gift Cards are partially redeemable; however, any unused balance will not be refunded or credited to a recipient. It is up to the redeemer to use the full value of the Gift Card within the validity period.
17.4. If the beneficiary's order exceeds the amount of the Gift Card, the beneficiary will be required to pay for the difference in price between the value of the Gift Card and the retail price of the goods or services.
17.5. Gift Cards issued after 1 April 2011 expire 24 months from the date of issue. Gift Cards issued before this date were issued with a 12 month Expiry Period but JB Hi-Fi will honour them up to 24 months from the date of issue.
17.6. JB Hi-Fi will validate and redeem the Gift Card with the Validation Service before the purchase can be completed.
17.7. Should JB Hi-Fi suspect that any fraudulent activities have taken place in regard to a Gift Card, the value on the Gift Card may be held until investigations have taken place.
17.8. Whilst precautions have been put in place to try to minimize fraud or unauthorized use, JB Hi-Fi disclaims responsibility for any lost Gift Cards which are redeemed fraudulently. Please contact JB Hi-Fi immediately if you suspect you have lost your Gift Card.
18.1 Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
18.2 A failure or delay by JB Hi-Fi to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by JB Hi-Fi does not preclude its future exercise or the exercise of any other power or right.
18.3 This agreement is governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.