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Terms and Conditions of Sale

OUR SALES TERMS

EFFECTIVE DATE: 1ST APRIL 2020

  1. THESE TERMS
    1. What these terms cover. These are the terms and conditions (together with the documents expressly referred to in them, which includes our Privacy policy) on which we supply products to you, whether these are goods, services or digital content.
    2. Why you should read them. Please read these terms carefully before you submit your order to us through our site, www.bowerswilkins.com/en-au, being the Australian-specific site under www.bowerswilkins.com, (our site). These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are Bowers & Wilkins Australia Pty Limited, an Australian Proprietary Company. Our Australian Company Number (ACN) is 619 418 325 and our registered office is at Suite 303, 754 Pacific Highway, Chatswood, NSW 2067. We operate the website, www.bowerswilkins.com/en-au
    2. How to contact us. You can contact us by email at support@bowers-wilkins.com, by visiting our ‘Contact Us’ page, by writing to us at Customer Support, Bowers & Wilkins, Suite 303, 754 Pacific Highway, Chatswood, NSW 2067 or by telephone on (02) 9196 8990 between 9.00am and 5.00pm Monday to Friday, excluding NSW public holidays.
    3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  3. OUR CONTRACT WITH YOU
    1. How we will accept your order. 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 stage of the order process. Our acceptance of your order will take place when we email you with an order confirmation to confirm we accept it, at which point a contract will come into existence between you and us.  For information on how to place an order on our site, please see our ‘Support’ page. We are unable to accept orders any other way. 
    2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by phone and will not charge you for the product.  This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.  If you have already paid for the product, we will refund you the full amount as soon as possible.
    3. Your order number. We will assign an order number to your order and tell you what it is after you place your order. Please note, that this is for reference only and does not mean your order has been accepted.  Acceptance of your order will take place in a separate order confirmation email, as described in paragraph 3.1. It will help us if you can tell us the order number whenever you contact us about your order.  
    4.  We only sell to Australia. Our site is solely for the promotion of our products in Australia. Unfortunately, we do not accept orders or deliver to addresses outside of Australia.  We do not deliver to P.O. boxes. We will only process orders containing an Australian billing and shipping address.
    5.  We cannot accept orders if you are under 18. We will only accept orders if you are at least 18 years old and we can contact you by landline or mobile telephone.  We may ask you for proof of age following your order.
  4. OUR PRODUCTS
    1. Products may vary slightly from their pictures. 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 a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images, especially where our products contain natural product components such as wood. 
    2. Product packaging may vary. The packaging of the product may vary from that shown in images on our site.
  5. YOUR RIGHTS TO MAKE CHANGES
    1. If you wish to make a change to the product you have ordered please ‘Contact Us’. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 8 - Your rights to end the contract).
  6. OUR RIGHTS TO MAKE CHANGES
    1. Minor changes to the products. We may change the product:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements. These changes will not affect your use or the quality of the product.
    2. Changes to these terms. Every time you order products from us, the terms in force at that time will apply to the contract between you and us. We reserve the right to change and update these terms from time to time and recommend that you revisit this page regularly and each time you place an order to keep up to date with the current terms that apply to your order and your use of our site. By placing an order for the purchase of any products from us and by continuing to access, browse and use this site, you will be deemed to have agreed to any changes or updates to our terms.
    3. Updates to firmware / embedded software. We may update or request you to update firmware /embedded software on your products. Such updates are generally directed at removing bugs and/or improving performance. 
  7. PROVIDING THE PRODUCTS
    1. Delivery costs. We offer free delivery throughout Australia, except where we offer expedited delivery as an extra paid-for service.  The costs of expedited delivery will be as displayed to you on our site. 
    2. When we will provide the products. During the order process we will let you know when we your order is dispatched. All deliveries throughout Australia are shipped from our NSW distribution centre and we are unable to confirm an exact day or time of delivery.  Delivery will be completed when we deliver the products to the delivery address as shown in the order confirmation.  We do not deliver to P.O boxes.  Upon delivery of the products to our courier, we will send you a confirmation of shipment by email provided you have given us an email address in your order.  It is your responsibility to ensure that your delivery and billing addresses and other contact details are correct. We cannot be held responsible for failure to deliver where you have provided incorrect addresses or contact details. In such circumstances, we will make all reasonable efforts to contact you so that we might be able to effect delivery, though we may charge you for any additional costs we incur as a result of you providing incorrect information.
      1. If the products are goods. We offer free same day shipping on all headphones & speakers if ordered before 12:30pm AEST Monday - Friday, excluding NSW public holidays.  All orders are estimated to arrive within 5 working days once shipped from our logistics facilities in Sydney.  Orders placed at the weekend or on a NSW public holiday will be processed the next working day.
      2. If the product is a one-off purchase of digital content. We will make the digital content available for download on the date agreed with you during the order process.
    3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will use reasonable endeavours to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.  To be clear, an “event outside our control” means any act or event beyond our reasonable control, and this may include events such as strikes, lock-outs, industrial action or other acts of 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.
    4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our nominated courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    5. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and paragraph 10.2 will apply.
    6. Ending the contract for late delivery. If we fail to deliver all of the goods you order within 14 days following the estimated date for delivery given to you, and the delay is not caused by reasons outside our control, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery.  If the goods have been delivered to you, they must be returned to us in line with instructions given by Customer Support. Please contact us by completing this form or call Customer Support on (02) 9196 8990 between 9.00am and 5.00pm Monday to Friday, excluding NSW public holidays.
    7. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us, or you collect products from a local depot.
    8. When you own goods. You own a product which is goods once we have received payment in full and you have received an Order Confirmation.
    9. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
      1. deal with technical problems or make minor technical changes;
      2. update the product to reflect changes in relevant laws and regulatory requirements;
    10. We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see paragraph 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
  8. YOUR RIGHTS TO END THE CONTRACT
    1. You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see paragraph 11;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 8.2;
    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at paragraph 8.2.1 to paragraph 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are: 
      1. we have told you about an upcoming change to these terms which you do not agree to (see paragraph 6.2);
      2. we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days or;
      5. you have a legal right to end the contract because of something we have done wrong (including because we have delivered something late).
  9. HOW TO END THE CONTRACT WITH US
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      1. Online. Complete and submit the form on our site.
      2. By email. If you are unable to use the form above, you may email us at support@bowers-wilkins.com. Please provide your name, order number and email address.
      3. By post. Simply write to us at Online Shop, Bowers & Wilkins, Suite 303, 754 Pacific Highway, Chatswood, NSW 2067 including details of what you bought, when you ordered or received it and your name and address.
      4. By telephone. Contact Customer Support on (02) 9196 8990 between 9.00am and 5.00pm Monday to Friday, excluding NSW public holidays.
      5. By using the Model Withdrawal Form. This non-obligatory form is detailed at the bottom of this document.
    2. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. 
    3. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. We generally only accept returns made within 30 days of your order date, provided that your headphones & speaker product(s) are returned without undue delay in their original unopened packaging and, in any event, within 14 days after the day on which you inform us of cancellation. On receipt of your cancellation notice, we will contact you to make arrangements for return. It is your responsibility to return the product to us using, if applicable, the pre-paid returns method we provide you with.
    4. Returning products under Australian Consumer Law. If you are entitled to a refund under the Australian Consumer Law (ACL), then you may return the product and receive a refund within 30 days of your order being delivered.
    5. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty, misdescribed or you are entitled to repair, replacement or a refund under the ACL;
      2. if you are ending the contract because we have told you of an upcoming change to these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something, we have done wrong.
      3. In all other circumstances including unopened accessories purchased, you must pay the costs of return.
    6. How we will refund you.  We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    7. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
      1. We may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before, we are able to inspect the goods and later discover you have handled them in an unacceptable way.
      2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer, except where free of charge delivery options were available. 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.
    8. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind, then:
      1. If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see paragraph 9.1.
      2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
  10. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      1. your payment method fails when we attempt to apply the charge for products ordered and you do not provide an alternative effective payment method within 7 days of our request to do so;
      2. you do not, within a reasonable time, allow us to deliver the products to you.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  11. IF THERE IS A PROBLEM WITH THE PRODUCT
    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can call us on (02) 9196 8990 between 9.00am and 5.00pm Monday to Friday, excluding NSW public holidays or complete this form, or write to us at support@bowers-wilkins.com.
    2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. For a summary of your legal rights please visit https://consumerlaw.gov.au.
  12. PRICE AND PAYMENT
    1. Where to find the price for the product. The price of the product (which includes GST) will be the price indicated on the order pages when you placed your order.
    2. When you must pay and how you must pay. We accept payment with VISA Credit, VISA Debit, MasterCard Credit, MasterCard Debit and American Express. When you must pay depends on what product you are buying:
      1. For goods, you must pay for the products before we dispatch them. We will charge your payment method when we issue your Order Confirmation;
      2. for services, you must pay for the services at the time we accept your request for services. We will charge your payment method when we accept your Order to receive services.
    3. All transactions on our site are in Australian Dollars. We do not accept any other currency. If you use a payment method operated in another currency, your payment issuer will determine the exchange rate to be applied to the Australian dollar amount and may charge an administration fee.
    4. Payment security. To ensure that your payment method is not being used without your permission, we will validate the name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these terms, you consent to such checks being made.  In performing these checks personal information provided by you may be disclosed to a registered credit reference agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated in accordance with our Privacy policy.  All payment details are transmitted over a secure connection (Secure Socket Layer-SSL) and comply with Payment Card Industry Data Security Standards (PCI DSS).
    5. Voucher Codes. From time to time, we may issue voucher discount codes (Voucher Codes) by email or other marketing channels. These Voucher Codes enable a discount to be applied to your order as specified on the marketing communication. To apply the Voucher Code online, you must create or login to your Bowers & Wilkins account first, then enter it as requested during the check out process. The discount will then be applied to your order, subject to the terms set out in the remainder of this paragraph 12.5:
      1. Voucher Codes are generally only valid on full-priced items and cannot be used on sale or promotional items which are already discounted unless otherwise stated.
      2. Voucher Codes cannot be used in conjunction with any other offer.
      3. Voucher Codes are valid for a limited period of time as specified in the marketing communication; they cannot be used outside of that period.
      4. Voucher Codes are for use by the intended recipient only and proof of entitlement may be requested.
      5. All orders are subject to acceptance and any improper use of Voucher Codes may result in the rejection of your order.
      6. All orders are subject to stock availability and we reserve the right to withdraw, amend or extend offers at any time, without prior notice.
      7. Specific offer terms and conditions are provided with each Voucher Code - for specific information relevant to that offer, please refer to marketing material on which it is featured.
      8. Regardless of paragraph 12.5, we may issue some Voucher Codes that are valid on sale-discounted; and this will be clearly stated within the promotion. This shall not affect the validity of paragraphs 12.5.2 to 12.5.7 inclusive.  
  13. OUR WARRANTY FOR PRODUCTS
    1. If the products you have ordered are goods, we warrant that the Products shall be free from defects in materials and workmanship from delivery for a period of 2 years for powered loudspeakers, electronics and headphones and 5 years for passive loudspeakers.  All new accessories and spare parts are provided with a 90 day warranty from delivery and shall be free from defects in materials and workmanship. Our warranty set out in this paragraph 13.1 is subject to our warranty terms and conditions, which form part of and are incorporated into our contract with you by reference, and are available for you to see by clicking here. Our warranty terms and conditions are also contained in your product box.
    2. The warranty in clause 13.1 above does not in any way limit, and is in addition to, the consumer guarantees available to you under the ACL. Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
    3. To contact us in relation to your warranty entitlement or rights under ACL consumer guarantees, you can email us by clicking here and completing the form or by calling us on (02) 9196 8990 between 9.00am and 5.00pm Monday to Friday, excluding NSW public holidays, and quote your product serial number.
  14. RECERTIFIED PRODUCTS
    1. Recertified products consist of returned product items which have been tested and updated as required to meet Bowers & Wilkins’ high quality standards, before being offered for resale.
    2. Our stock of Recertified Products available is limited and it is possible that the Recertified Product you order is not available anymore and that we will therefore not be able to accept your offer.
    3. Recertified Products are sold with the same 2-year warranty as new products and are bound by these terms in the same way as new products are.  Note that on occasion recertified products may have slight cosmetic flaws. See full warranty details here. ACL consumer guarantees which apply to refurbished goods also apply to our Recertified Products and these consumer guarantees are not in any way limited by any part of this clause 14.
    4. We make every effort to ensure the descriptions of our Recertified Products are accurate and images are fair representations of the product you will receive. The colours you see on screen will be our best depiction of the product, however we cannot guarantee that the colour and exact design will be an exact match with the product you receive. We will correct any errors in product descriptions as soon as we can.
  15. DIGITAL DOWNLOADS
    1. Where we offer digital downloads (other than firmware updates), you acknowledge that separate terms and conditions will apply.
      1. Our Society of Sound is a subscription only service and is subject to separate terms and conditions, which you can find here Please note; this Program ended on 31st March 2019.
  16. APPLICATIONS, FIRMWARE AND SOFTWARE
    1. Where an application (App) or service requires or includes downloadable firmware or software, such firmware or software may update automatically on your device when a new version, functionality or feature becomes available.
    2. Where a firmware or software update or upgrade is necessary in order for you to use a particular App, Service, functionality or feature, you acknowledge that you may be unable to use such App, service, functionality or feature if you do not accept such firmware or software update or upgrade. If you choose to proceed with a firmware or software update or upgrade, you acknowledge and agree that:
      1. by proceeding with the update or upgrade you agree to and accept the changes that the update or upgrade will make to your product or App, and that you have read and accepted the applicable release notes; and 
      2. once you have accepted a firmware or software update or upgrade and that update or upgrade has completed, you will not be able to revert to a previous version of the firmware or software; and
      3. although we do our best to ensure that a firmware or software update or upgrade completes successfully, we cannot accept liability for any loss or damage caused to or suffered by your product, App and/or any other equipment where the update or upgrade is not successfully completed as a result of an event outside of our control or your failure to follow any applicable update or upgrade instructions. 
    3. Nothing in paragraph 16.2 shall affect your legal rights, a summary of which can be found using the link at paragraph 11.2. 
    4. To enable you to use any such firmware or software, we grant you for your own personal use only a worldwide, royalty-free, non-assignable and non-exclusive licence to use such firmware or software. This licence is granted solely to enable you to use the App, service, functionality or feature in question, and you must not copy, modify, share, distribute, sell, or lease any part of our firmware or software, or reverse engineer or attempt to extract the source code of that firmware or software, except to the extent that (i) you are permitted by law to do so; or (ii) we have given you our express prior written permission to do so.
  17. TELEPHONE SUPPORT 
    1. Our telephone support service consists of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.
    2. The telephone support service is available on (02) 9196 8990 between 9.00am and 5.00pm Monday to Friday, excluding NSW public holidays.
    3. In providing telephone support, we will attempt to resolve your query when you first call us, however, we cannot guarantee a resolution will be found in that initial call. On occasion, we may need to call you back in order to suggest a resolution.
  18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable and direct result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable direct loss. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised in paragraph 11.2.
    3. If defective digital content which we have sold and supplied to you damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    4. Limit on liability. To the extent permitted by law (including arising under the ACL), our total aggregate liability under this contract, whether in contract, tort (including negligence), statute or any other basis in law or equity, shall be limited to the total amount paid by for the product or products which caused the liability to arise.
  19. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we may use your personal information.  We will only use your personal information as set out in our Privacy policy.  Please take time to read these, as they include important information which apply to you.
  20. CUSTOMER FEEDBACK
    1. Following your purchase, you may receive an email from us inviting you to complete a feedback request. Please see our Privacy policy for more information about how we may contact you.  You don’t have to submit feedback, but it would be great if you did as any feedback (whether positive or negative) helps us improve our products and customer services.
    2. If you do complete and submit a feedback request, please be aware that all or part of the completed feedback may be (a) uploaded onto the relevant information page of a feedback website for the sole purpose of informing (future) customers of your opinion of the product and service (level) and (b) (wholly or partly) used and placed by us (for example, for marketing, promotion or improvement of our service) on our site or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by us. The review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
    3. Please be aware that by submitting content to the feedback website by electronic mail, postings on this website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions, you grant us, and our subsidiaries and corporate affiliates and the affiliated, co-branded and/or linked website partners through whom we provide service a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or devised in the future; and (b) use the name that you submit in connection with that submission.
    4. You acknowledge that we may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. Personal information would be limited to the details you submit in your feedback and you can submit feedback anonymously.
    5. You acknowledge and agree that submissions are non-confidential and non-proprietary. Neither we nor any service provider supporting it may take any responsibility nor assume any liability for any submissions posted or submitted by you. Neither we nor any service provider have any obligation to post your comments and we each reserve the right to determine which comments are published.
    6. You are fully responsible for the content of your submissions, (specifically including, but not limited to, reviews posted to the feedback website). You must not post or transmit to or from the feedback website any of the following: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trade mark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the feedback website. You acknowledge that we may exercise our rights (for example use, publish, delete) to any content you submit without notice to you.
  21. OTHER IMPORTANT TERMS
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing. However, if you have purchased a product as a gift, you may transfer the benefit of the warranty in paragraph 13 to the recipient of the gift without needing to ask our consent.
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.  
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by New South Wales law.

 

 

Bowers & Wilkins Australia PTY Limited
 
 

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

Email the completed form to support@bowerswilkins.com or post it to Customer Support, Bowers & Wilkins Australia Pty Ltd, Suite 303, 754 Pacific Highway, Chatswood, NSW 2067, Australia.

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*] (delete as appropriate)


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