Terms of service

Conditions of Sale

These Conditions of Sale govern the sale of products on trendal.shop, drumfactory.com.au or sounddevices.com.au by Guitar Factory Australia Pty Ltd (ABN 66 060 550 343) (trading as "Trendal" or "Drum Factory" or “Sound Devices”) to you.

Please read these conditions carefully before placing an order for products sold by Guitar Factory Australia Pty Ltd, by placing an order you agree to be bound by these conditions.

1. OUR CONTRACT

With respect to products sold by Guitar Factory Australia Pty Ltd, your order is an offer to us for you to buy the product(s) in your order. When you place an order to purchase the product(s) from us, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation is acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product(s) to you and send e-mail or text confirming that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract of sale is with Guitar Factory Australia Pty Ltd.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For further information about electronic invoices and instructions on how to receive a paper copy please contact us.

Please note that we sell products only in quantities which correspond to the typical needs of an average household and may refuse orders for quantities that exceed this. This applies both to the number of products ordered within a single order and the placing of several orders for the same product.

Whilst we accept orders 24 hours a day, 365 days a year, orders will be processed during normal trading hours - Monday to Friday, 9.30am-6.00pm EST.

2. CANCELLATION POLICY

Unless one of the exceptions listed below applies, you can cancel your order for a product at no cost any time before we send the Shipment Confirmation relating to that product.

You may submit your cancellation by email or phone.

 EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

  • the supply of goods or services where we have advised an estimated supply time which you have accepted;
  • the supply of goods made to your specifications or clearly personalized;
  • the supply of goods which may deteriorate or expire rapidly;
  • a service if Guitar Factory Australia Pty Ltd has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
  • the supply of digital content (digital software, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) where we have supplied a download digital code

STATUTORY RIGHTS AND REMEDIES

Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.

3. PRICING AND AVAILABILITY

All prices are inclusive of GST. Unless otherwise specified, the prices shown on this website include GST but do not include delivery and transit insurance.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or by phone as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products. Please note that not all products shown are in stock and that certain products may need to be ordered from suppliers and delays may occur depending upon availability from suppliers.

Despite our best efforts, a small number of the items in our catalogue may be mis-priced. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

4. DELIVERY TIMES

Unless otherwise stated on the website, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such. Every effort will be made to source the product on behalf of our customers in a timely way. We will contact you following receipt of your order and provide you with an estimated delivery time. However, if you wish to check the expected delivery time before placing your order please call 02 9635 4456. Please note, however, that because we are reliant on suppliers and freight companies, we cannot guarantee delivery times even where we have provided an estimate.

5. FREIGHT

Most deliveries will require someone to be present at the place of delivery to confirm and sign for delivery. Risk in the goods passes to the customer upon delivery to the given address.

We may at times use a courier for delivery of your goods which is different to that selected at time of checkout. This will occur when the selected courier can’t handle the items to be shipped, delivery timeframe, delivery location or for other operational reasons.

Discounted Shipping

Guitar Factory offers discounted shipping on orders of $125 or over, within Australia only. The discount will be applied at checkout when calculating the freight to your destination.

Shipments are sent registered and with insurance, which means someone will need to sign for your goods when they arrive. If no one is available a card will be left and you will either need to collect from the local post office (where goods ship with Australia Post) or arrange for a redelivery for other providers.

Click & Collect

Guitar Factory Australia Pty Ltd has a Click and Collect service. Please tell us this in the "Special Instructions" field when you check out. We will confirm via email once your order is ready for collection.

Express Shipping (Australia Post Items)

If you need your gear faster we can Express Ship it to you. Please tell us if you would like express shipping by adding a note in the "Shipping Instructions" filed when you check out. Guitar Factory Australia Pty Ltd will contact you to advise the Express Shipping Charge prior to finalising your order.

6. PRODUCT INFORMATION

Unless expressly indicated otherwise, Guitar Factory Australia Pty Ltd is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our returns policy and your statutory rights. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to us via emailing [email protected]

Guitar Factory Australia Pty Ltd accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

7. CUSTOMS

When ordering products from Guitar Factory Australia Pty Ltd for delivery outside of Australia you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Guitar Factory Australia Pty Ltd for delivery outside of Australia, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

8. EXPORT POLICY

The following products are not available for export to overseas countries:

  • Maton Guitars – Sold in Australia only. Not available to rest of world.
  • Roland/Boss products - Sold in Australia only. Not available to rest of world.
  • Fender products - Sold in Australia only. Not available to rest of world.

If you place an order for any of the above listed products for export from Australia your order will not be accepted and will be cancelled.

9. WARRANTY

All new products are sold with the supplier's limited warranties. The terms of the warranty vary depending upon the supplier and product. Please call 02 9635 4456 for further details. Except to the extent required by law or to the extent otherwise specified, The Guitar Factory Australia Pty Ltd provides no separate warranty.

10. REFUND POLICY

You are entitled to a refund or repair or exchange or credit if the products you have bought are:

  • faulty;
  • significantly different to those shown or described to you; or
  • not doing what they are supposed to do.

When you buy, you should choose carefully. You don't automatically get a refund for simply changing your mind, unless this was a condition of the sale or part of our advertised policy.

Checking items on arrival or collection – We are unable to provide a refund where you have not advise us within 48 hours of delivery or collection of any issues with your product(s) aesthetics and/or missing items.

Please keep your receipt as proof of purchase.

11. LAYBY’s

We do offer layby services, please contact Guitar Factory Australia Pty Ltd on

(02) 9635 4456 for more details.

12. DISCLAIMER AND LIABILITY

Unless otherwise stated in writing, Guitar Factory Australia Pty Ltd disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us. Guitar Factory Australia Pty Ltd  will not be responsible for:

(i) any loss arising from the unavailability of any product;

(ii) losses that were not caused by any breach on our part;

(iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;

(iv) any indirect or consequential losses; or

(v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the website is limited to a refund of the relevant amount paid for the product (including applicable shipping fees).

Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.

13. APPLICABLE LAW

The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us.

14. AMENDMENTS

We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our listings at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products from us.

15. SEVERABILITY

If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

16. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

17. OUR CONTACT DETAILS

Our contact details are:

Guitar Factory Australia Pty Ltd
255 Church Street
Parramatta NSW 2150