Legal Information

In no event shall we or our suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this Website or the materials on this Website, even if we or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this Website;
2. remove any copyright or other proprietary notations from any materials and software on this Website;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use this Website or any of its associated services in a way that abuses or disrupts our networks or any other service we provide;
5. use this Website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this Website or its associated services in violation of any applicable laws or regulations;
7. use this Website in conjunction with sending unauthorised advertising or spam;
8. harvest, collect or gather user data without the user’s consent; or
9. use this Website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

All content on this Website—including but not limited to text, images, designs, logos, graphics, product descriptions, audio, video, software, and code—is the exclusive property of Emotion Audio or its licensors. This material is protected under international copyright, trademark, and intellectual property laws.

You are granted a limited, revocable license to access and use this content solely for personal, non-commercial use. Unauthorised use, reproduction, modification, distribution, or public display of any content without prior written permission is strictly prohibited and constitutes a violation of intellectual property laws.

Prohibited Uses:

• You may not modify, distribute, or republish any content from this Website.
• You may not use any trademark, logo, or proprietary information (including images, text, page layout, or form) without express written consent.
• Any attempt to reverse engineer, disassemble, or exploit the Website’s source code, software, or databases is prohibited.
• Content may not be used for commercial purposes, unless explicitly allowed in a separate written agreement with us.

If you breach these terms, the license automatically terminates without notice. We also reserve the right to take legal action and seek damages for any unauthorized use of our intellectual property.

Third-Party Intellectual Property: Where applicable, we may include licensed content from third-party providers. Any such third-party content remains the property of its respective owner(s), and their use is subject to the terms of the license agreement between us and the third-party. You may not claim any ownership or rights over such third-party materials.

All content on this Website, including but not limited to text, images, logos, designs, audio, video, and software, is the exclusive property of Emotion Audio and/or its licensors and is protected by international copyright laws and treaties.

You may not copy, reproduce, distribute, republish, upload, or transmit any content in any form without the prior written consent of Emotion Audio, except for personal, non-commercial use as permitted by law. Any unauthorised use of the Website’s content may result in legal action, including claims for damages and criminal prosecution.

We vigorously defend our intellectual property rights. If you believe any content on this Website infringes your copyright or any other intellectual property right, please contact us immediately to address the issue. We will take appropriate steps to remove or rectify any infringement upon verification of the claim.

To report any copyright infringement, please provide the following details:

• A description of the copyrighted material allegedly infringed.
• A description of the infringing material, including its location on the Website.
• Your contact information, including name, address, phone number, and email address.
• A statement confirming that you are the rightful owner or have the legal authority to act on behalf of the owner of the copyright.
• We take copyright violations seriously and will investigate all reports. Repeated infringements may result in access being restricted or terminated.

This acceptable use policy covers the Products provided under any ongoing agreement. It’s designed to protect us, our customers and the general Internet community from unethical, irresponsible and illegal activity.

Our customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

This policy was last reviewed on 1 October 2024.

We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement and/or any action that harms or disadvantages any group, individual or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorised basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

COPYRIGHT INFRINGEMENT & ACCESS TO UNAUTHORISED MATERIAL

Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

• any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation.
• any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

SPAM & UNAUTHORISED MESSAGE ACTIVITY

• Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.
• Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.
• We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

This spam and unauthorised message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

UNETHICAL, EXPLOITATIVE & MALICIOUS ACTIVITY

• Our Products must not be used for the purpose of advertising, transmitting or otherwise making available any software, program, product or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing and denial-of-service attacks.
• Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorised to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).
• Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.
• Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of or discriminate against any group or individual.

Other activities considered unethical, exploitative and malicious include:

• Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
• Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
• The unauthorised access, alteration or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
• Using our facilities to interfere with the use of our facilities and network by other customers or authorised individuals;
• Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography or threaten anyone’s health and safety;
• Any act or omission in violation of consumer protection laws and regulations;
• Any violation of a person’s privacy.

Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

UNAUTHORISED USE OF EMOTION AUDIO PROPERTY

We prohibit the impersonation of Antipodes Audio Limited, the representation of a significant business relationship with Antipodes Audio Limited, or ownership of any Antipodes Audio Limited property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage or user trust.

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

We reserve the right to modify this policy at any time by publishing the revised version on our Website. The revised version will be effective from the earlier of:

• the date the customer uses our Products after we publish the revised version on our Website; or
• 30 days after we publish the revised version on our Website.

We use cookies to help improve your experience of our Website. This cookie policy is part of our privacy policy. It covers the use of cookies between your device and our Website.

We also provide basic information on third-party services we may use, who may also use cookies as part of their service. This policy does not cover their cookies.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from https://emotion.audio. In such a case, we may be unable to provide you with some of your desired content and services.

We use cookies to help improve your experience of our Website. This cookie policy is part of Emotion Audio’s privacy policy. It covers the use of cookies between your device and our site.

We also provide basic information on third-party services we may use, who may also use cookies as part of their service. This policy does not cover their cookies.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from https://emotion.audio. In such a case, we may be unable to provide you with some of your desired content and services. You can change your cookie preferences at any time by clicking the Consent Preferences button at the bottom-right of most of our pages.

A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the cookie’s purpose, and the lifespan of the cookie itself. For example, it enables us to display support booking times in your time zone, for your convenience. Another example, is that it allows us to store your cookies preferences and not have to seek your approval of cookies every time you open a page on our Website.

Cookies are used to enable useful features, track site usage (eg usage analytics), store your user settings (eg time zone, notification preferences), and to personalise your content.

Cookies set by the website you are visiting are usually referred to as first-party cookies. They typically only track your activity on that particular site

Cookies set by other sites and companies (i.e. third parties) are called third-party cookies. They can be used to track you on other websites that use the same third-party service.

Essential cookies

• We DO use essential cookies to enable certain functions on our Website.
• Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts, and payment processing.
  

Performance cookies

• We DO use performance cookies on our site.
  
• Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all site users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. They do not collect personal information about you.
  

Functionality cookies

• We DO use functionality cookies for selected features on our site.
  
• Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customised, enhanced, or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.
  

Targeting/advertising cookies

• We DO NOT use this type of cookie on our site.
  
• Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We do not use cookies for this purpose, and will never provide your data to anyone for this purpose, but third-party services used on this website may use cookies so that the third-parties can use data collected for this purpose.
  

Third-party cookies

• We DO use third-party services that are not under our control, that may elect to use cookies, or may change their cookies or privacy policies
• We use four third-party services that may use cookies on this site. You can check their websites for their cookies and privacy policies
• Google Analytics are used solely so that we can analyse the popularity of different sections of our site – analytics.google.com
• Mailchimp is used to manage our distribution list for announcements – mailchimp.com
• Youtube videos that review our products may be included on our site – youtube.com

• International Transfers of Personal Information
• Where the disclosure of your personal information is solely subject to Australian privacy laws, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act. You acknowledge that if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act, and you will not be able to seek redress under the Privacy Act.

Data Controller / Data Processor

• The GDPR distinguishes between organisations that process personal information for their own purposes (known as “data controllers”) and organizations that process personal information on behalf of other organisations (known as “data processors”). We, Antipodes Audio Limited, located at the address provided in our Contact Us section, are a Data Controller with respect to the personal information you provide to us.

Legal Bases for Processing Your Personal Information

• We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.

Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:

• Consent From You – Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. When you contact us, you may consent to your name and email address being used so we can respond to your enquiry. While you may request that we delete your contact details at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
  

Performance of a Contract or Transaction

• Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you contact us with an enquiry, we may require personal information such as your name and contact details in order to respond.
  

Our Legitimate Interests

• Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.

Compliance with Law

• In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

International Transfers Outside of the European Economic Area (EEA)

• We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Your Rights and Controlling Your Personal Information

• Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.
• Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.
• Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.
• Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our Website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 10 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.

Additional Disclosures for California Compliance (US)

• Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organisations for their marketing purposes.
• To make such a request, please contact us using the details provided in this privacy policy with “Request for California privacy information” in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal information we revealed to other organisations for their marketing purposes in the last calendar year along with their names and addresses. Not all personal information shared in this way is covered by Section 1798.83 of the California Civil Code.

Do Not Track

• Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time we do not respond to browser “Do Not Track” signals.
• We adhere to the standards outlined in this privacy policy ensuring we collect and process personal information lawfully, fairly, transparently and with legitimate, legal reasons for doing so.

Cookies and Pixels

• At all times you may decline cookies from our site if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities. Please refer to the Cookies section of this privacy policy for more information.

CCPA-permitted financial incentives

• In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the goods or services we provide.
• Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

California Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the California Consumer Privacy Act:

• Identifiers, such as name, email address, phone number account name, IP address, and an ID or number assigned to your account.
• Customer records such as billing and shipping address, and credit or debit card data.
• Commercial information such as products or services history and purchases.
• Geolocation data.

For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Collection and Use of Information” section, including to provide and manage our Service.

Right to Know and Delete

If you are a California resident, you have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

• The categories of personal information we have collected about you;
• The categories of sources from which the personal information was collected;
• The categories of personal information about you we disclosed for a business purpose or sold;
• The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
• The business or commercial purpose for collecting or selling the personal information; and
• The specific pieces of personal information we have collected about you.

To exercise any of these rights, please contact us using the details provided in this privacy policy.

Shine the Light

• If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by California’s “Shine the Light” with third parties and affiliates for their own direct marketing purposes.
• To receive this information, send us a request using the contact details provided in this privacy policy. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.

• Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our Website or the Products offered on or through it.
  
  
• Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
  
  
• Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
  
  
• Access: You may request details of the personal information that we hold about you.
  
  
• Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.
  
  
• Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example providing user support), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.
  
  
• Downloading of Personal Information: We provide a means for you to download the personal information you have shared through our site. Please contact us for more information.
  
  
• Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
   
• Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
  
  
• Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.

• Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.

AND

• At any time before the Products are dispatched, we may decline to supply the Products to you without giving any reason.
• If we do not have all of the Products you order in stock, we will offer you alternatives. If this happens you may:
• accept the alternatives we offer
• cancel all or part of your order

• The Price is as set out in the order.
• It is possible that the price may have increased from that posted on our Website. If that happens, we will not proceed with the order, and will not dispatch the Products until you have confirmed that you wish to buy at the new price.
• Prices include goods and services tax (“GST”). If you show by your delivery address that you reside outside New Zealand, GST will be deducted at the payment point.
• If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
• Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand dollar will be borne by you.
• Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
• If, by mistake, we have under-priced Products, we will not be liable to supply those Products to you at the stated price, provided that we notify you before we dispatch it to you.
• The price of the Products does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of our Website before we ask you to pay.
• If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

We take care to make our Website safe for you to use.

• Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
• If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

• Products are delivered as soon as possible from the day you place an order to purchase the Products and the actual delay may depend on the actual manufacturer and international freight delays.
• Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
• If we are not able to deliver your Products within 30 days of the date of your order, we shall notify you by e-mail to advise the expected delay.
• We may deliver the Products in instalments if they are not all available at the same time for delivery.
• Products are sent at our risk until signed for by you or by any other person at the address you have given to us.
• All Products must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Products may be retained by the driver. When your Products arrive, it is important that you check immediately the condition and quantity. If your Products have been damaged in transit, you must refuse the delivery and immediately contact us.
• Signing “Unchecked”, “Not Checked” or similar is not acceptable.
• We will send you a message by email to tell you when we have dispatched your order. We may, by agreement with you, deliver and install the goods to you.
• If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
• Some Products will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Products has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
• Some Products are made to order, may be subject to parts availability, or are so large and heavy that delivery times may be longer than 30 days. In this case, approximate delivery dates will be given when you place your order.
• Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
• We are happy for you to pick up Products from our warehouse provided you make an appointment in advance and payment has been received into our bank.
• If you pick up Products from our premises then:
• We may not be able to assist you in loading heavy items;
• Products are at your risk from the moment they are picked up by you or your Carrier from our premises;
• you agree that you are responsible for everything that happens after you take possession of the Products, both on and off our premises, including damage to property of any sort, belonging to any person.

• If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.
• You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

We will not be liable for any delay or failure to perform our obligations due to unforeseen circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters (such as floods, fires, earthquakes), war, terrorism, pandemics, strikes, labor disputes, governmental regulations, power outages, or disruptions in transportation.

In such cases, our obligations will be suspended for the duration of the event. We will make every effort to notify customers of delays and resume performance as soon as possible after the force majeure event ends. If the event continues for an extended period, either party may have the right to terminate the contract without liability.

This clause applies to all aspects of our services, including order fulfillment, shipping, warranties, and customer support.

All Products sold by us are covered by a manufacturer’s warranty. The warranty duration varies by product but typically ranges from 1 to 5 years, depending on the item. This warranty covers defects in materials and workmanship under normal use. It does not cover damage caused by misuse, accidents, unauthorized repairs, or modifications.

Claiming Warranty:

• Contact us with proof of purchase and details of the defect.
• We will guide you through troubleshooting steps or inspection.
• If the issue cannot be resolved, the Product may be repaired or replaced at our discretion in accordance with the terms of the Warranty.
• In cases of repairs or replacements, customers may be responsible for shipping costs, except in cases of a Product defect present on delivery.

Exclusions:

• Products damaged by misuse, neglect, or improper installation.
• Cosmetic damage or normal wear and tear.
• Third-party repairs or modifications void the warranty.
• Consumables like fuses, batteries, cables and simalar accessories may not be covered unless specified.

Warranty Limitations:

• The warranty may be limited to the original purchaser and non-transferable. If repairs are needed after the warranty period, we may offer support at a cost determined on a case-by-case basis.

If delivery was made to a New Zealand address, you are also protected by the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.

Where updates have a material impact on your experience or your purchase, we will take steps to ensure you are notified in advance. Notifications may include:

• Emails sent directly to registered customers.
• Clear notices on the homepage or relevant sections of the Website.
• Updates to the FAQ or Help sections.

By continuing to use our Website, purchase products, or engage with our services after updates have been made, you acknowledge and agree to the revised terms and conditions, policies, or features. We encourage you to review our policies and updates page periodically to stay informed about any changes.

• You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products.
• If you use our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
• You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

You agree that you will not use or allow anyone else to use our Website to Post Content which is or may:

• be malicious or defamatory;
• consist in commercial audio, video or music files;
• be illegal, obscene, offensive, threatening or violent;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
• solicit passwords or personal information from anyone;
• be used to sell any goods or services or for any other commercial use;
• include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
• link to any of the material specified above, in this paragraph;
• send age-inappropriate communications or Content to anyone under the age of 18.

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

• hyperlinks, other than those specifically authorised by us;
• keywords or words repeated, which are irrelevant to the Content Posted;
• the name, logo or trademark of any organisation other than yours;
• inaccurate, false, or misleading information.

• Our privacy policy is set out on our Website and is strong and precise. It complies fully with Privacy Act 2020 .
• If you Post Content to any public area of our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
• Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
• We need the freedom to be able to publicise our services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
• We will use that licence only for commercial purposes of the business of our Website and will stop using it after a commercially reasonable period of time.
• You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1994 as amended.
• You now irrevocably authorise us to publish feedback, comments and ratings about your activity through our Website, even though it may be defamatory or critical.
• Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Please notify us of any security breach or unauthorised use of your account.
• We do not solicit ideas or text for improvement of our services, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out on this page.

• For the avoidance of doubt, this paragraph is addressed to any person who comes on our Website for any purpose.
• We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
• If you are offended by any Content, the following procedure applies:
• Your claim or complaint must be submitted to us in the form available on our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
• we shall remove the offending Content as soon as we are reasonably able;
• after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
• We may re-instate the Content about which you have complained or not.
• In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

If you violate our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

• modify, copy, or cause damage or unintended effect to any portion of our Website, or any software used within it.
• link to our Website in any way that would cause the appearance or presentation of our Website to be different from what would be seen by a user who accessed our Website by typing the URL into a standard browser;
• download any part of our Website, without our express written consent;
• collect or use any product listings, descriptions, or prices;
• collect or use any information obtained from or about our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from our Website, other than as permitted by this agreement or as is reasonably necessary for your use of our Website;
• share with a third party any login credentials to our Website.
• Despite the above terms, we now grant a licence to you to:
• create a hyperlink to our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
• you may copy the text of any page for your personal use in connection with the purpose of our Website.

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

• your failure to comply with the law of any country;
• your breach of this agreement;
• any act, neglect or default by any agent, employee, licensee or customer of yours;
• a contractual claim arising from your use of the Products;
• a breach of the intellectual property rights of any person.

• We will defend the intellectual property rights in connection with our Products and our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
• Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
• You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
• Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

• When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
• Where we provide Products without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Products for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Products.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
• It shall be deemed to have been delivered:
• if delivered by hand: on the day of delivery;
• if sent by post to the correct address: within 72 hours of posting;
• If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise.
• Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
• In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of New Zealand and you agree that any dispute arising from it shall be litigated only in that country.

• The law differs from one country to another. This paragraph applies so far as the applicable law allows.
• All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
• We make no representation or warranty for:
• the quality of the Products;
• any implied warranty or condition as to merchantability or fitness of the Products for a particular purpose;
• the correspondence of the Products with any description;
• the adequacy or appropriateness of the Products for your purpose.
• We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website.
• We shall not be liable to you for any loss or expense arising out of or in connection with your use of our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
• We make no representation or warranty and accept no responsibility in law for:
• accuracy of any content or the impression or effect it gives;
• delivery of content, material or any message;
• privacy of any transmission;
• any act or omission of any person or the identity of any person who introduces himself to you through our Website;
• any aspect or characteristic of any Products advertised on our Website;
• Our Website includes content posted by third parties. We are not responsible for any such content. If you come across any content which offends you, please contact us via the “Contact us” page on our Website.
• We will do all we can to maintain access to our Website, but it may be necessary for us to suspend all or part of our Products for repairs, maintenance or other good reasons. We may do so without telling you first.
• You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Products concerned.
• This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contract and Commercial Law Act 2017.
• If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input.
• Nothing in this agreement excludes liability for a party’s fraud.

We are committed to providing an inclusive and accessible experience for all our customers and other visitors to the Website. We believe that high-end audio should be enjoyed by everyone, and we are continually improving our accessibility efforts to ensure all individuals, including those with disabilities, can access our Products.

We strive to comply with accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1, to ensure our Website is user-friendly for all. This includes:

• Offering alternative text for images, making our visual content accessible to screen readers.
• Ensuring clear navigation through descriptive headings, links, and labels.
• Supporting keyboard-only navigation for users who cannot operate a mouse.
• Structuring our Website content to be readable and understandable for individuals with cognitive disabilities.

We recognise that accessibility is an ongoing effort and are committed to continually improving our accessibility. If you encounter any barriers while using our Website, please don’t hesitate to contact us by visiting our contact page. Your feedback is invaluable in helping us make our Products accessible to everyone.

We are committed to ensuring that our Products, and customer experience are continually evolving to meet the highest standards. From time to time, we may introduce updates to our Website, or Product offerings, to improve functionality, comply with new regulations, or enhance the overall user experience.

We regularly update our Website to ensure smooth performance, security, and accessibility. These updates may include:

• Enhancements to website features or user interface.
• Improvements in security protocols to protect user data.
• Updates to content, product information, and descriptions to reflect the latest offerings.
• Implementation of new accessibility features to improve the experience for all users.

As we strive to bring you the best in high-end audio, we may update product specifications, pricing, or availability. Any changes to products will be reflected in the product descriptions and relevant pages on our Website. We will notify customers of significant updates to products they’ve purchased or shown interest in.

We may occasionally revise our service terms, privacy policy, or other legal documents to stay compliant with regulations or improve our business operations. Such updates will be posted on the relevant legal information pages, and for any major updates that affect your rights or obligations, we will notify you via email or a clear announcement on our Website.

Where updates have a material impact on your experience or your purchase, we will take steps to ensure you are notified in advance. Notifications may include:

• Emails sent directly to registered customers.
• Clear notices on the homepage or relevant sections of the Website.
• Updates to the FAQ or Help sections.

By continuing to use our Website or purchase Products after updates have been made, you acknowledge and agree to the revised terms and conditions, policies, or features. We encourage you to review our policies and updates page periodically to stay informed about any changes.