Terms & Conditions
Introduction
Welcome to EzyDVD.com.au and thank you for shopping with us.
These Terms and Conditions govern the use of EzyDVD.com.au ("the website") and the purchase of any goods from it. The website is operated and managed by Élan Media Partners ("Élan Media Partners") (ABN 73 144 018 002)
We invite you to print out our Terms and Conditions, or we can email these to you on request. Changes to our Terms and Conditions and Frequently Asked Questions are made from time to time, and your continued use of our website following any change shall be deemed as your acceptance of such change. It is the user’s responsibility to regularly check our Terms and Conditions for changes.
If you need more assistance please contact our Customer Service team by email at enquiriesdesk@ezydvd.com.au. Normal business hours are from 9.00am to 5.00pm Monday to Friday (AEST).
Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Élan Media Partners reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of Élan Media Partners or it's Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Élan Media Partners be limited to:
- in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
- in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
Disclaimer
The information contained on the website is provided by Élan Media Partners in good faith. To the best of Élan Media Partners's knowledge, the information is accurate and current. However, Élan Media Partners and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Élan Media Partners's Associates") do not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, Élan Media Partners disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Élan Media Partners makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that Élan Media Partners does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Élan Media Partners is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Élan Media Partners will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
Copyright
Copyright in the EzyDVD.com.au website is property of Élan Media Partners. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Élan Media Partners and third parties. This property may only be used for the purposes of browsing the EzyDVD.com.au website and acquiring goods and services of EzyDVD.com.au.
Applicable Law
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.
Information Provided by You
If you purchase goods and services from EzyDVD.com.au or create an account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Élan Media Partners with current, complete and accurate customer information when asked to do so by the website or an employee of Élan Media Partners.
Virus Warning
All care is taken to ensure that EzyDVD.com.au websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
Privacy
Our privacy policy is outlined here.
Membership
An EzyDVD.com.au account holder may not have more than one active account, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers, promotional benefits and the value therein.
EzyDVD.com.au accounts are non-transferable. You may update, edit or terminate your account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
As an EzyDVD.com.au account holder, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your account and password.
Product Information
Prices of goods and services and delivery and other charges displayed on the EzyDVD.com.au website are current at the time of display. These prices are subject to variation without notice.
We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
If an error is discovered in the price of the item(s) you have ordered, we will inform you and issue a full refund as soon as possible. We shall be under no obligation to fulfil an order for an item which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.
Some products on EzyDVD.com.au may not be immediately available for dispatch from our supplier, due to circumstances beyond our control. However, where possible, we will advise you of any delay by advertising the release or campaign (sale) date accordingly. By submitting your order after being advised of such delays, you are accepting such timeframes into which the item/s will be shipped. If there are any changes in the release date to which you have previously accepted, we will endeavour to contact you as soon as possible.
Placing and Accepting Orders
Orders will not be dispatched until payment in full has been received and EzyDVD.com.au is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, EzyDVD.com.au is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation by Us
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
Cancellation by You
If you need to cancel an order, please contact us immediately by email at cancellationsdesk@ezydvd.com.au. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
Delivery
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with Australia Post who we believe will always do their best to deliver products by the estimated delivery date.
When you order products from EzyDVD.com.au and the total value of an individual order is $60, you will receive free standard shipping on that order. This offer excludes bulky items – large DVD boxsets. We will sometimes also have a free shipping offer on a particular title. Please note free shipping is only available domestically via Surface Mail. We reserve the right to end or change this Free Shipping offer at any time.
Please note that if an item has been lost in transit, you must contact us within 30 days of the item being shipped from our warehouse in order to qualify for consideration for a replacement item. We will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.
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.
Returns & Exchanges
The item I received is not the item I ordered
EzyDVD.com.au will:- Replace the item at no cost to you OR
- Provide a full refund (including the cost of shipping) OR
- Issue you with a EzyDVD.com.au voucher (including the cost of shipping)
- Email us with your order number and which item/s you received within 14 days to be considered for an authorisation for returns (RA)
- Have an RA in order to claim for a refund/replacement item
Please allow at least 14 days for a replacement item to be sent to you (please allow extra time if you are returning an item from an international destination). If you have not received your replacement item within 14 days of returning it to us, or your refund within 7 days, please contact our customer service team on enquiriesdesk@ezydvd.com.au.
I did not receive my order
EzyDVD.com.au will email you an estimated date for delivery once the item is dispatched from our warehouse.
If you do not receive your order as advised, please contact our customer service team on enquiriesdesk@ezydvd.com.au and include your order number.
We will then provide you with a claim form to lodge an investigation with our shipping partner. If the order is not located, we are not obliged to replace the order, although we may do so at our discretion.
As we are able to trace orders sent via Australian Air Express (for orders shipped within Australia), we would encourage you to select this shipping method for added security and peace of mind.
My order was delivered late
We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with Australia Post and Australia Air Express who we believe will always do their best to deliver products by the estimated delivery date.
My order was damaged in transit
If your item was damaged between leaving our warehouse and arriving at your delivery address, EzyDVD.com.au will- Replace the item at no cost to you OR
- Provide a full refund (including the cost of shipping) OR
- Issue you with a EzyDVD.com.au voucher (including the cost of shipping)
- Email us with your order number and the condition of your item/s within 14 days to be considered for an authorisation for returns (RA)
- Have an RA in order to claim for a refund/replacement item
- Assess your application – we may ask for a photo of the item
- If we authorise a return, we will email you an RA number and instructions for returning the item/s to us.
Please allow at least 14 days for a replacement item to be sent to you (please allow extra time if you are returning an item from an international destination). If you have not received your replacement item within 21 days of returning it to us, or your refund within 14 days, please contact our customer service team on enquiriesdesk@ezydvd.com.au.
Damaged Case
Should you receive a cracked or damaged case, we will be happy to mail you a replacement. Simply contact our Customer Service Team and request a replacement.
The item I ordered arrived faulty or didn’t work as intended
If your item is found to be faulty, EzyDVD.com.au will- Replace the item at no cost to you OR
- Provide a full refund (including the cost of shipping) OR
- Issue you with a EzyDVD.com.au voucher (including the cost of shipping)
- Email us with your order number and the fault or problem with the item/s within 14 days to apply for an authorisation for returns (RA)
- Have an RA in order to claim for a refund/replacement item
- If we authorise a return, we will email you an RA number and instructions for returning the item/s to us.
- Examine and test the faulty item/s (all products that are found to be non-defective will incur the delivery costs of returning the item to EzyDVD.com.au)
- If a product is deemed to be faulty, normal warranty conditions for that product apply.
Please allow at least 14 days for a replacement item to be sent to you (please allow extra time if you are returning an item from an international destination). If you have not received your replacement item within 21 days of returning it to us, or your refund within 14 days, please contact our customer service team on enquiriesdesk@ezydvd.com.au.
I've changed my mind and no longer want the item I ordered
We are happy to exchange any unopened DVD within 14 days, provided the goods are returned in PRISTINE condition. A Return Authorisation will be approved at our discretion and all postage costs are to be incurred by the customer. If the product is damaged upon receipt in our warehouse, we are unable to accept the return and the item will be mailed back to you.
A processing fee of $2.00 will be incurred for each item which is returned.
Once the returned item has been processed a refund will be issued onto an electronic EzyDVD gift voucher (less the $2.00 processing fee for each item).
The voucher will be linked to your membership account and can be redeemed on a future purchase.
If you have changed your mind or ordered incorrectly, a refund can only be processed to an electronic gift voucher.
Please email returnsdesk@ezydvd.com.au with notification of the items and reason for the return and we will respond with instructions on how to proceed
I've had my item for a while, but it no longer works as described
We will assist where possible with the repair or replacement of faulty items. Where appropriate, we are also happy to work with our suppliers on your behalf or provide you with the contact information for the right people to speak to.
Promotions and Competitions
Other Terms and Conditions not listed herein and applying to EzyDVD.com.au promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.
Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.
Suppliers
If you enter into a transaction through Élan Media Partners to purchase services or vouchers for those services supplied directly by a third party, Élan Media Partners is not responsible for the provision of those services or for any misunderstanding between you and the supplier.
In all arrangements involving the direct provision of services by third parties, Élan Media Partners accepts no liability of any kind in connection with or arising from such an arrangement.
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