These terms and conditions are a contract between the customer ("you") and Sonic Boom Direct Pty Ltd (ACN 145 034 411) ("Sonic Boom").

Please read the following terms and conditions carefully before placing your order with Sonic Boom.

By completing and submitting the customer order form online and using the Sonic Boom service, you acknowledge that you have read and agree with the terms and conditions outlined below.

Sonic Boom reserves the right at all times to make changes to these Terms and Conditions, special offers or deals, bonuses and rewards at its sole discretion without prior notice.

1. Definitions

The following apply to these Terms and Conditions.

Agreement means an agreement between you and Sonic Boom to supply Goods.
Delivery Address means the address to which the Goods are to be delivered as stated on the Order.
Goods means Goods described in an Order.
Order means an order by you to purchase Goods from Sonic Boom.
Personal Information includes, but not limited to your name, date of birth, Delivery Address and payment details.

2. Price of Goods and payment

All prices quoted are in Australian Dollars, and include GST. Prices shown do not include the cost of delivery. You agree to pay the delivery and handling fee in respect to each product ordered and all applicable taxes in that regard.

3. Method of Payment

You may use your American Express, MasterCard and Visa debit and credit cards or a Gift Card to make a payment. Sonic Boom does not accept cheque or cash payments for Goods. Payment must be cleared before the Goods are dispatched.

4. Order Processing and Delivery

Orders will be processed during normal business hours which are Monday to Friday 8.30am to 5.00pm. Orders placed after these hours and on weekends will be processed on the next business day excluding NSW public holidays. Delivery times are estimates. You may experience minor delays beyond the specified delivery times.

Delivery to some remote locations in Australia may take up to 14 days.

Sonic Boom does not make Goods available for collection.

Goods cannot be delivered to a P.O Box address.

A person must be at the Delivery Address to accept and sign for the goods at delivery. You acknowledge that by nominating the Delivery Address anyone at the Delivery Address who receives the Goods shall be presumed to be authorised to receive the Goods on your behalf. If there is no-one at the Delivery Address or no-one of the appropriate age to receive the Goods (or the person is unable or unwilling to provide appropriate proof of age), a calling card will be left for you to collect the Goods from your nearest post office.

Sonic Boom will not accept responsibility for late delivery or non-delivery due to incomplete or incorrect details provided or if there is no one at the Delivery Address to accept the goods.

5. Delivery Charges

For deliveries within Australia, all costs associated with delivery will be the responsibility of the Customer. The goods will be despatched via Australian Air Express or other carrier that Sonic Boom may nominate from time to time. Deliveries outside Australia are not possible.

6. Variation

Sonic Boom reserves the right to change or alter prices of products without prior notice. The price applicable shall be the price applicable on the date the Goods are confirmed as ordered.

7. Risk & Title

Risk and title in the Goods passes to you upon delivery of the Goods to your nominated Delivery Address.

8. Fraud

Without limiting any other remedies available to Sonic Boom at law, in equity or under this Agreement, Sonic Boom may, in its sole discretion, suspend or terminate your membership or your account or any transaction if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against Sonic Boom in respect of any such suspension or termination of your membership, account or the transaction.

Whilst we employ the latest in Secure Socket Layer (SSL) technology and use secure payment gateway, Sonic Boom will not be responsible for any damages, losses direct or indirect, suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

9. Stock and Product Availability

All Goods featured on this site have been included in good faith on the basis that the Goods as described will be available at the time of the sale.

Sonic Boom will use its best endeavours to ensure that all Goods ordered by you are supplied to you
You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. You also agree to make your own enquiries to verify information provided and to assess the suitability of Goods before you purchase. We have done our best to display as accurately as possible the images of the Goods and the colours of the Goods shown on this site. However, we will not be responsible for minor insubstantial differences which do not affect the functionality of the Goods between the Goods displayed on the site and the Goods you receive.

Stock levels noted on the website are indicative only and no stock is guaranteed until invoiced

Sonic Boom reserves the right not to sell certain products to any person to which, or in any location where, the sale of certain Products is restricted or prohibited.

10. Cancellations

Orders once placed and confirmed online cannot be cancelled

11. Customer Satisfaction

Sonic Boom will use its best endeavours to ensure that all products sold are of the highest quality and are free of all manufacturing defects. If however you receive a product which does not meet your satisfaction as a result of faults in manufacturing we will exchange the goods. If the product is not currently in stock we will offer you another item of the same price.

A refund may be granted if Sonic Boom is unable to satisfactorily resolve product problems as per above. Refunds will be processed in accordance with applicable laws in force at the time. Refunds will not be given for change of mind purchases.

You agree to use the goods as per the manufacturers instruction and specification. If you fail to do so Sonic Boom may refuse to exchange or refund the product. Sonic Boom reserves the right to request the malfunctioning product be returned for testing. All costs for the return of the goods will be the purchasers responsibility. If the product after testing is found to have been defective Sonic Boom will exchange or refund the product and refund the purchaser's handling costs for returning the defective product.

12. Limitation of Liability

We provide our site and services on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement unless we are required to provide such warranties under applicable law. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to Sonic Boom, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. To the extent that such factors are outside of our control, Sonic Boom shall not be liable.

13. Sonic Boom Liability

To the extent that Sonic Boom and all affiliates and related entities of Sonic Boom are able to limit the remedies available under this Agreement, and subject to Clauses 12 & 14 of this Agreement, Sonic Boom and all affiliates and related entities of Sonic Boom expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Sonic Boom's sole discretion):

a. In the case of Goods, any one or more of the following:

(i) the replacement of the Goods or the supply of equivalent Goods;
(ii) the repair of the Goods;
(iii) the payment of the cost of replacing the Goods or of acquiring equivalent Goods;
(iv) the payment of the cost of having the Goods repaired.

b. In the case of services:

(i) the supply of the services again;
(ii) the payment of the cost of having the services supplied again.

However, if you are considered a consumer under an Australian consumer protection law that applies to Sonic Boom, and you use our services for personal, domestic or household use, you may be entitled to additional warranties. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.

14. Claims and Damages

To the extent permitted by law in no event shall we, our affiliates and related entities be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you.

To the extent permitted by law, and subject to any contrary requirements arising under any applicable law, our liability, and the liability of our related bodies corporate, affiliates or suppliers, to you or any third parties in any circumstance is limited to the greater of the amount of fees you pay to us in the 12 months prior to the action giving rise to liability.

15. Privacy and Personal Information

Sonic Boom conducts its business under Privacy Act 1988 and the National Privacy Principles as summarised below.

We only collect your Personal Information if you provide that Personal Information to us for the purposes of placing and Order for any Goods.

Personal Information collected will be used for the purpose of processing the Order. As a result your Personal Information may be shared with third parties for the purposes of delivering your Order or processing the payment for your Order (eg. Paypal, credit card providers, banking institutions). Personal Information is also collected for the purpose of communicating with you concerning, your account with us or in relation to products and services offered by Sonic Boom and its related companies. However you may choose to opt out of any direct marketing communications we send to you.

Sonic Boom will not sell, trade or rent, to third parties any Personal Information obtained from you unless you have consented.

We may however, without your consent disclose Personal Information where:
a. the secondary purpose of disclosure is directly related to the primary purpose for which the information was collected and you would reasonably expect us to disclose that information for the secondary purpose;
b. we reasonably believe that use or disclosure is necessary to prevent or lessen a serious threat to you or the public's health or safety;
c. we have reason to suspect that unlawful activities have been or are being engaged in; or
d. we are preparing for or conducting proceedings before a court or tribunal; or
e. such action is necessary in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of our business and/or the business of our subsidiaries and the transferee is bound by Privacy Act 1988 and the National Privacy Principles; or
f. we are required by law to do so.

Sonic Boom is not responsible for the privacy practices of sites that are linked to this site via hyperlinks, banner advertising or otherwise. Please take care at all times to check the relevant privacy practices and policies of the operators of external third party sites which you may visit.

Under the Privacy Act 1988 (Cth) you have a right to request access to your Personal Information held by us and you may request the removal of any Personal Information we hold.

You may make such a request in writing by email [privacy@sonicboom.com.au] or by post to:

Privacy Officer
Sonic Boom Direct Pty Ltd
PO Box 266
Castle Hill NSW 1765

16. Copyright

This Sonic Boom site and its contents are subject to copyright. The copyright is owned by Sonic Boom Direct Pty Ltd (ACN 145 034 411), or in the case of some material, a third party.

You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.

17. Trade Marks

This site includes registered trade marks owned by Sonic Boom and or third parties, and other unregistered trade marks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trade marks is strictly prohibited.

18. Disclaimer

You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on "as is" basis, the site may contain errors, faults and inaccuracies and may not be complete and current.

Sonic Boom makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.

Neither Sonic Boom, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

19. Viruses

Sonic Boom cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You should maintain your own virus protection measures on your own computer or mobile device.

You assume all risk of use of all programs and files on this site, and you release Sonic Boom entirely of all responsibility for any consequences of its use.

20. Use of Cookies

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information.

You may disable cookie functionality on your web browser, but if you do so, you may not be able to fully experience all features of the Sonic Boom web page.

21. Third Party Sites

This site may contain links to third party sites. Sonic Boom is not responsible for the condition or content of those sites as they are not under Sonic Boom's control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Sonic Boom of the sites or the products or services provided on the site.

22. Applicable Law

This site is created and controlled by Sonic Boom. Your use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

This site may be accessed throughout Australia and overseas. Sonic Boom makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

Warranty Policy
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 for 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

This warranty covers the expected reasonable lifetime of the product and any claim must be lodged within 14 days of the detection of a fault.

Any warranty claims must be made to The Customer Relations Controller, Sonic Boom Direct Pty Ltd, either by writing to PO Box 266, Castle Hill, NSW, 1765 or by emailing support@sonicboom.com.au or by calling 02 9860 2799. All claims must be accompanied with the relevant Sonic Boom Tax Invoice Number and Sonic Boom Product Code.

Sonic Boom Direct Pty Ltd or one of its partners will bear the cost of sending a repaired or replacement item to you; however Sonic Boom Direct Pty Ltd does not take responsibility for any costs incurred in the process of claiming including, but not limited to, the cost of placing a telephone call or cost of postage.

Please note that we may refer you to the manufacturer's customer support department in some instances if we deem that they are best suited to assist with your claim.

The terms of this warranty are in addition to other rights and remedies of the relevant consumer laws to which our products relate