For sound enthusiasts of the railways of Victoria, Australia...

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Terms and Conditions

By using the website, you are deemed to have accepted these Terms and Conditions.

If you do not accept these Terms and Conditions of Use (including any subsequent amendments), you must immediately discontinue using this website.

Please read these Terms and Conditions of Use carefully.

They govern your use of the DCCSound.com website and your purchase of products from this website.

Accuracy

The information contained in this web site could include technical inaccuracies or typographical errors. Changes are periodically made to this web site to keep the information provided as accurate and relevant as possible.

DCCSound will endeavour to maintain this web site and provide the most up to date information available.

However, DCCSound provides no warranty or guarantee as to the completeness or accuracy or suitability of any information contained in this web site. You should always verify the information provided before you act upon it by contacting DCCSound.

Statutory Conditions and Warranties

Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.

For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.

Our Liability

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in DCCSound for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of DCCSound, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Privacy Policy

DCCSound accepts the legal requirements of Australia's Privacy Act 1988 and adopts the National Privacy Principles. Our Privacy Policy explains how we handle personal and sensitive information about our customers and those who visit the DCCSound.com web site.

We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. We use the information gathered to enable your account and to enhance your online experience.

No information which DCCSound collects about any of its customers or web site visitors is passed to any third party with the exception of essential data for completing a financial transaction.

DCCSound will not sell its database of customer details or details about customers to a third party. Any and all the information collected on this website will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. We respect the right of users to remain anonymous and will endeavour not to knowingly disclose user identities unless directed by a court of law.

DCCSound may release customer information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of DCCSound, our users, or others.

All credit card payments are processed securely through Paypal. DCCSound does not store any credit card information.

If you require any further information about the Privacy Act 1988 and the National Privacy Principles, you can visit the Federal Privacy Commissioner's website at www.privacy.gov.au.

Cookies

Cookies are small data files that are downloaded onto your computer when you visit a website. DCCSound may use cookies on this website to assess the number of users visiting our website, to effectively process your orders and to record how you have used this website (for example, records regarding purchases). You will be able to access the information we collect in relation to your prior purchases. We will not provide the information we obtain via the use of cookies to any third party.

Reproduction of Website Content

All of the material on and in relation to the website is and remains the property of DCCSound at all times and may not be copied, imitated or emulated. No logo, graphic, sound or image from the DCCSound website may be copied or retransmitted unless expressly permitted by DCCSound.

Continuing Service

Any person whose details have been made known to DCCSound may receive communication from us regarding product updates or product releases or special offers. If we are advised that the person does not wish to receive such information, we will respect that wish unless the matter relates to product safety or legal requirement. Please keep us informed of changes in personal information if you would like to continue receiving this service.

Force Majeure

Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under these Terms and Conditions due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, embargo, riot, sabotage, labour shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance.

General Terms & Conditions

This site is designed for use by Australian residents.

Your use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia.

Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).

In these Terms and Conditions "DCCSound", "DCCSound.com", "we" ,"us" and "our" mean Michael Walters, ABN 62 711 663 209, and "you" , "your" and "purchaser" means you the customer (or any entity you represent).

If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and Conditions and the remaining provisions will continue in full force and effect. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of our products. The Contract cannot be varied unless we agree to vary it in writing or by email.

You shall not assign any rights and obligations under these Terms and Conditions of Use whether in whole or in part without the prior written consent of DCCSound.

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

No DCCSound employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Linking to the Website without the prior written permission of DCCSound is prohibited. If you desire to link to our Website, you may send an email to [email protected] requesting such permission. DCCSound may in its discretion deny or revoke any permission it may give to link to the Website at any time and without any notice or liability.

The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is prohibited.

DCCSound reserves the right to change these Terms and Conditions of Use at any time.

Whether or not you have viewed the Terms and Conditions of Use of this website, or the privacy policy, and whether or not you have chosen to not receive notices from us, these Terms and Conditions will still govern your use of DCCSound.com.

We may update or change our Terms and Conditions of Use and this privacy notice at any time and from time to time, as we determine is appropriate. It is your responsibility to review them

DCCSound Terms & Conditions Outlining Online Purchasing on This Website

Who We Are

We are importers of digital hobby products for use in model trains. We specialise in producing digital sound files for use in digital hobby products, by model railway hobbyists.

Reaching Us

Telephone: 0487 475 222
Email: [email protected]

Products

DCCSound digital decoders and other items may contain small parts and are not suitable for children under 14 years of age.

Projects

DCCSound will be planning projects based on the level of customer interest. When a project is announced we will list the model prototype that we plan to offer.

DCCSound reserves the right to change details and prices at any time.

Projects listed on our website with TBA (To Be Announced) are projects for which we may not yet be able to estimate a delivery time.

To keep up-to-date, check our website regularly or e-mail us at [email protected]

Retailers

DCCSound does not have a showroom that is open to the public. We offer a mail order service, but drop off by prior appointment can be arranged.

We may offer our digital products through selected retailers.

Legal Capacity to Transact

If you are under the age eighteen (18) years you cannot place orders with DCCSound.

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should DCCSound suffer any damage or other losses as a result of a transaction entered into by a minor, DCCSound reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with DCCSound.

Ordering

You may place an order by completing the “Contact us” form on the DCCSound Web Site or by proceeding through a Paypal checkout.

By placing an Order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.

Information contained on the DCCSound website constitutes an invitation to treat.

No information on our website constitutes or should be deemed as an offer by us to supply any of our products, however DCCSound will make every effort to supply our products to you.

Order processing will not begin until we receive all the information we need including the purchaser’s name, delivery address, contact details and payment method.

A tax invoice is available upon request, at or after the time of purchase.

DCCSound reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

For Overseas Orders please contact us at [email protected]

Prices

All prices indicated on this website are quoted in Australian Dollars. The price of products shown may include postage but excludes any insurance costs.

We reserve the right to change prices and specifications for our products at any time.

Non-Australian customers are exempt from G.S.T. but should be aware that they may be required to pay taxes and/or customs duties on imported goods in their own country. Such foreign taxes and duties are not included in DCCSound prices indicated on this website. Customers are advised to check with the relevant authorities in their own countries to determine likely costs.

Payment Methods and Processing

DCCSound currently accepts direct deposit (preferred), credit cards through Paypal, Australia Post Money orders, or personal cheques. Cheques must clear in the account nominated by DCCSound before the products can be despatched to the customer.

Payment processing will not begin until we receive all the information we need.

You may be required to provide further information for additional security reference checks.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. (Business days are Monday through Friday, excluding Victorian Public holidays)

Delivery Policy

When ordering please provide your correct name, delivery address, contact details and payment method. This allows us to process your order successfully.

If you enter the wrong delivery address, we are not obliged to resend the order to the correct address at our expense.

All orders will only be sent via Australia Post mail with tracking. Insurance is not included but can be nominated by the customer at an additional fee payable by the customer.

We will endeavour to deliver the Product to the customer within 10 business days (Monday through Friday) excluding Public Holidays from the date your final payment is received.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Title and risk of loss to all Products will pass to you upon despatch.

Accuracy of Information You Provide to DCCSound

All information you provide to DCCSound through this Website, including registration information, payment information, and transaction-related information, must be true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, DCCSound or any other person may incur as a result of you providing any false, incorrect or incomplete information, or if you fail to update your registration information and payment information within 30 days of any change.

Refund Policy

Cancelled Order Refunds

An order you have placed with us may only be cancelled before it has been despatched by DCCSound. Refunds will be made only in the manner in which payment was received from the customer or at the discretion of DCCSound.

Dead on Arrival Products - "DOA"

A DCCSound Product is considered DOA if it shows symptoms of a failure, or is discovered to be defective upon installation or during testing.

If your item arrives and is discovered to be defective you should contact us to arrange return to DCCSound.  Digital decoders are covered by a warranty against faulty materials and workmanship for a period of 2 years from the date of purchase.

DCCSound may request images of the fault to be sent electronically.

Where a Product is provisionally determined as DOA or defective with the warranty period, a replacement product will be sent to the customer, where postal charges will be at the expense of DCCSound.

DCCSound reserves the right to test any returned DOA Product. If the Product is deemed by DCCSound NOT to be DOA, DCCSound may at its absolute discretion refuse to replace the Product or offer you a refund for the Product.

Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. No refund or replacement will be given to you until DCCSound has received the original Product from you.

Limited Warranty

Digital products come with a limited 2 year warranty from ESU LLC, from the date of sale. In case of support required during the period, please contact us to arrange return of the failed Product. The failed Product will need to be returned to us before we can consider it for an exchange under Warranty. We will pay for the cost of domestic postage of the replacement Product within Australia.

When a Replacement Product is arranged

The delivery time for the replacement Product will be the same as stated for the original Product.

Replacement Products are provided with the same Limited Warranty as the DOA Product, dated from the transaction date of the original, DOA Product.

When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.

When a Refund is arranged

Refunds include only the original Product cost and do not include shipping and associated costs for the DOA Product.

No refund will be given to you until DCCSound has received the DOA Product from you.

By agreement with the customer, a refund may be used as credit towards a subsequent purchase from DCCSound.

Refunds will be made only in the manner in which payment was received from the customer or at the discretion of DCCSound. The amount of a refund will be calculated in Australian Dollars.

Your Rights To Return A Product

No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.

DCCSound will not provide warranty, refund or replace a product that has been misused, mishandled, incorrectly installed or serviced.

Property in possession of DCCSound

Although all due care will be taken by DCCSound, we cannot be held responsible for the loss of and or damage to a customer’s model(s) whilst in our possession. DCCSound will not be held responsible for damage incurred to a customer’s model when handled by or in the possession of a third party.

By using the website, you are deemed to have accepted these Terms and Conditions.

If you do not accept these Terms and Conditions of Use (including any subsequent amendments), you must immediately discontinue using this website.

Please read these Terms and Conditions of Use carefully, as they govern your use of the DCCSound.com website and your purchase of products from this website.