MONEY BACK GUARANTEE – If you are not happy with it, we will give your money back.
Terms and Conditions of Sale
The following terms and conditions of sale (‘Conditions’) apply to the supply of goods, services or subscriptions (‘Products’) by d’Italia Pty. Ltd. and Heavy Music Magazine and Website (‘HEAVY’) to you, including all transactions for the purchase of Products through this website. These Conditions should be read in conjunction with d’Italia Pty Ltd’s Web Site Terms and Conditions of Use. In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference tod’Italia Pty. Ltd. and includes its related entities.
d’Italia Pty. Ltd.
ABN 65 824 452 693
Your completion of the order form on this website will constitute an offer by you to purchase the Products (‘Order’). All Orders are subject to our acceptance.
Any Order under these Conditions must be placed via the forms provided on this website and must specify information requested including, without limitation:
• quantity and description of the Products;
• full street address to which the Products are to be delivered; and
• current billing address to which the credit card statements are to be sent.
You must complete all information requested on the Order form before we process the Order. We will send you an email acknowledging the Products ordered as soon as possible after you have placed an Order. Our acknowledgement of your order by email will not constitute an acceptance of the Order. An Order for Products will only be binding on us when we accept the Order by a separate email once your payment has cleared. If we do not accept your Order for any reason, we will inform you by email or in writing.
All prices provided on this website are inclusive of a Goods and Services Tax (‘GST’), unless explicitly stated otherwise. The GST payable by you will be shown on the invoice provided at the time of delivery of the Products.
The purchase price for the Products will be at our selling price on the date of our receipt of the Order, less any applicable discounts in effect at that time. All Orders will attract a delivery charge as set out on our delivery page.
We will not be responsible for errors in pricing that appear on this website. We will notify you in the event of a pricing error on the website before an Order is delivered, and you will have the opportunity to cancel your Order in accordance with these Conditions.
Payment for Products purchased from HEAVY (d’Italia Pty Ltd) via this website can be made by VISA, MasterCard or American Express credit cards through Stripe and PayPal.
HEAVY (d’Italia Pty Ltd) will verify the credit card information you submit and will advise you that your payment has been accepted. You must submit to HEAVY (d’Italia Pty Ltd) such information as may be reasonably requested by HEAVY (d’Italia Pty Ltd) for the authorisation and verification of your credit card purchases.
We undertake to safeguard your financial and personal information and automatically encrypt all sensitive information sent between your computer and our servers. Your personal information is protected by SSL with the highest level of encryption commercially available to ensure that your transaction is safe and secure.
HEAVY (d’Italia Pty Ltd) will deliver the Products to you only once the payment has cleared into the specified HEAVY (d’Italia Pty Ltd) bank account.
HEAVY (d’Italia Pty Ltd) reserves the right to decline any payment that is believed to be fraudulent and exercise its lawful remedies if a dispute arises over payment through your credit card provider. If your credit card provider rejects a payment when due, HEAVY (d’Italia Pty Ltd) at its discretion may delay or cancel delivery of any Order you have placed.
HEAVY (d’Italia Pty Ltd) has the right to offset and deduct from any refund due to you all sums owed by you to HEAVY (d’Italia Pty Ltd). If your account is placed in collection, HEAVY (d’Italia Pty Ltd) will be entitled to claim all reasonable expenses for collection, including legal fees incurred.
Delivery and Cancellation
We will deliver a Product between 1-18 business days after acceptance of an Order.
If you wish to change or cancel your Order, you must immediately contact us by telephone on+61 3 8060 9422 or email at [email protected] and we will endeavour to accommodate your request if the Products have not been dispatched. If you change or cancel your Order after 48 hours in which you have placed it, we reserve the right to charge you any costs we have incurred in relation to your Order, including, but not limited to, transportation and administration costs and such costs will not exceed more than 50% of the total price of the ordered Products.
If a Product is “out of stock” when we process your Order, we will contact you to discuss revised delivery times or refund options.
You may return Products to us for exchange or refund within 7 days of receipt of the Products, provided that the Products are in perfect condition, unused, unwashed and are accompanied with their original packaging.
Products must be returned to the following address, at your own cost, with a dispatch note stating our original invoice number:
co/- d’Italia Pty Ltd
62 Glenferrie Road,
Malvern VIC 3144
Once we have received the returned Products, we will notify you via email of your exchange or refund. Delivery costs will only be refunded if the return is as a result of our error.
If you believe any Products are faulty, please contact Customer Services immediately on +61 3 8060 9422.
Title and Risk
You agree that until payment of all money owing to us, the Products remain the property of d’Italia Pty Ltd. The risk of any loss or damage to the Products passes to you from the time we dispatch the Products to your specified address or other agreed address.
Liability and Indemnity
Except as required by law, all warranties beyond those expressly given in these Conditions, whether express or implied and whether statutory or otherwise, with regard to the Products as to quality, fitness for purpose or any other matter are excluded.
Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
- if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods, or
- the repair of such goods, or
- the payment of the cost of replacing the goods or of acquiring equivalent goods, or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
By opting into our subscriptions or online store (via email, Facebook, Twitter or Google) you have agreed to receive emails from HEAVY (d’Italia Pty Ltd).
CONTEST RULES & WAIVER OF LIABILITY
1. RULES & WAIVER OF LIABILITY
Contest is open to all Australian residents 18 years or older. Employees of HEAVY Mag / d’Italia Pty. Ltd. are not eligible to enter.
2. TO ENTER:
CAREFULLY READ THESE OFFICIAL CONTEST RULES AND WAIVER OF LIABILITY
All entry forms above become the property of HEAVY Mag / d’Italia Pty. Ltd.
3. CONTEST RULES:
Each competition will run for an arbitrary time period unless otherwise stated. Each winner is randomly chosen. Winners will be decided by HEAVY Mag. staff. HEAVY Mag. reserves the right to choose the winners and disqualify and not accept some entries. Their decision is final and will not be negotiated.
Grounds for disqualification include:
False or incomplete entry form
Is considered to be a trouble maker or threat to HEAVY Mag. and their competition affiliates
Repeatedly submits to the same competition
Our affiliate or corresponding companies refuse the contestant for what ever reason
Winners will randomly picked from the emails received via the above form and based on location.
4. PRIZE AWARDS:
Prizes will be awarded as follows:
Each prize winner will be contacted via the email they have submitted and confirmed as the winner.
5. ACKNOWLEDGEMENT OF RISKS AND WAIVER OF LIABILITY:
Contestant acknowledges that there are risks of personal injury, illness and possible loss of life, and risks of damage to or loss of personal property, which may result from participating in this contest. (eg. Entering live concerts, listening to music too loud…)
Contestant voluntarily enters the contest/s and assumes all of these risks.
Contestant, as a condition of entry, agrees to indemnify, defend and hold harmless HEAVY Mag / d’Italia Pty. Ltd. and affiliated companies, their vendors, their advertising, promotion and public relations agencies, corresponding companies and their affiliates and agencies, and all officers, directors, employees and agents of the aforesaid entities, from any and all claims and costs, including attorneys’ fees, relating to, arising from or in connection with participation in this contest or the receipt or use of any prize. In so doing, contestant releases and indemnifies the aforesaid entities and individuals from liability for injuries or damages of any kind arising from or in connection with participation in this contest or the receipt or use of any prize. In no event shall HEAVY Mag / d’Italia Pty. Ltd. be liable to a contestant for acts or omissions arising out of or related to the contest/s or that Contestant’s participation in the contest/s.
Each prize has been given to HEAVY Mag / d’Italia Pty. Ltd. from an official source and is approved by that source. That sources own risks and Waiver of Liability Terms are included upon entering any contest via HEAVY Mag / d’Italia Pty. Ltd.
This contest is run by HEAVY Mag / d’Italia Pty. Ltd. and the official source and is in no way in connection it third party platforms such as Apple, Google, Yahoo and similar or any other service or company other than HEAVY Mag / d’Italia Pty. Ltd. and the affiliates and vendors involved in the contest.
6. FINAL AUTHORITY:
HEAVY Mag / d’Italia Pty. Ltd.has sole and complete discretion regarding all contest-related matters. All decisions regarding disqualification of a contestant(s) or winner(s) shall be subject to the sole and complete discretion of HEAVY Mag / d’Italia Pty. Ltd. You can be disqualified for any reason at any time.
If you have any questions regarding any of the RULES & WAIVER OF LIABILITY, the contest or the prize/s please email: [email protected]