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Terms and Conditions

Us

“Lagu”, “Lagu Australia” and “Lagu Australia/New Zealand” are brand names used by I’m New Media Pty Limited under licence from Antidote Brand Divergence Inc, a company incorporated in the Philippines.

 

Sales

Shopping on the internet is quick, easy and it is our intention to make your entire shopping experience with us as pleasurable as possible.

We suggest that you carefully read the terms and conditions that are detailed below as this forms the basis of the sale agreement between you and I’m New Media when you purchase goods from our website. If you proceed with your purchase you are acknowledging that you have read these terms and conditions of sale and that you acknowledge that your purchase from us is subject to these terms and conditions. We have attempted to keep the text in simple to understand language. We suggest if any part is confusing or not clear, please contact us.

Please note that from time to time these terms and conditions may change. We therefore recommend that you review these terms and conditions on a regular basis to identify any changes that may affect you.

 

Goods and Services Tax (GST)

Goods and services tax is applicable on all our products sold to Australian residents. Products sold to purchasers located overseas do not attract GST where s 38-185 of the A New Tax System (Goods and Services Tax) Act 1999 applies. As you will note from our website, in our stores and in our catalogues, all prices include GST (where it applies). The current rate of GST is 10%. This rate may change in the future and will be based on Australian legislation. The prices indicated for products exclude freight and handling.

 

Pricing

We will at all times use our best endeavours to ensure that the prices on our website are accurate at any point in time. The prices that are displayed on our website and in our stores at any point in time are only current at that particular point in time and we reserve the right to alter our prices at anytime without prior notice. This may occur for example when products are on sale or when prices may change for various reasons. When price changes do occur, they will be automatically updated on the website.

 

Order Cancellation

Cancellation of any order can only be made if the item has not been dispatched for delivery.

 

International Customers

At this point in time I’m New Media does not send items overseas.

 

Title

Title for goods ordered on our site will pass to you when we receive payment in full for your order.

 

Charging

You will be charged immediately when placing an order if paying by credit card or PayPal. When paying by electronic funds transfer from a bank, orders will only be dispatched for delivery once the funds have been cleared through our trading account which normally takes 2 business days. However, we will secure stock for your order for up to 3 business days in such circumstances, assuming we are not out of stock when the order was made.

 

Shipping and Delivery Policy

We deliver products Australia-wide using Australia Post and a wide range of independent couriers. We have conducted business with both Australia Post and these courier companies over many years, and we are confident that these methods of delivery are the most safe, efficient and economical methods of transporting your goods to you.

Shipping costs are influenced by the size and weight of the product and your location within Australia. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout.

Orders are dispatched for delivery within 2 business days and shipping times are estimated at between 3-7 business days depending on your location within Australia and which delivery service you select. Orders are processed on business days at 1pm (Sydney Time), any orders received after this time will be processed the next business day.

Australia Post’s estimated delivery times are dependent on whether you select Parcel Post, Express Post or Courier Post when ordering products from our website. Those estimated delivery times are located at http://auspost.com.au/parcels-mail/domestic-delivery-times.html and in their official guide at http://auspost.com.au/media/documents/domestic-parcels-post-guide-sept13.pdf. We are not liable for delays in deliveries caused by Australia Post or the various courier companies that we use.

Where your order value is over the amount specified in our website, delivery to Sydney metropolitan areas will be free to you. Where free delivery applies, we will use a delivery method of our choice which will be communicated to you on our website immediately prior to payment and the estimated delivery time will likewise appear in a “drop-down” box on our website.

Large items are unique in terms of freight handling and delivery location. Due to this, prices need to be individually quoted for large items. If you are purchasing multiple items, freight charges may be reduced depending on individual circumstances. Please email to us, any queries regarding multiple items, so that a correct freight charge can be quoted.

 

Delivery Procedure

If your items are delivered by courier, your order will have a consignment note accompanying it when it is delivered to you and the delivery driver will ask you to sign this consignment note. It is essential that you carefully read the consignment note. Only sign the consignment note if the cartons of the goods delivered have not been damaged in any way and only if the total quantity of the cartons on the consignment note have been delivered. If any of these instances occur you must write down the problems on the consignment note (e.g. 4 cartons on the consignment note – but only 2 cartons delivered) and request the delivery driver acknowledge this by printing his/her name on the consignment note. In addition, please e-mail us as soon as possible advising us of the details. If you do not follow this procedure and sign the consignment note without making these notes, you are acknowledging that the entire delivery is correct and in perfect condition.

We highly recommend that you choose a delivery address, where during the main course of the day someone is present to accept your delivery. Your workplace is the ideal delivery point. Both Australia Post and the courier companies that we use cannot guarantee a delivery date or time due to the high volume of their deliveries, however the majority of deliveries are between 9:00am and 5:00pm Monday – Friday. If no one is present to accept the delivery, the delivery driver (where a courier is used) will leave a delivery card in your mail box or under your door, noting that they have attempted to deliver the goods.

Delivery cards left by a courier company will have all the contact details for the courier company and you will need to contact the courier company within 48 hours to arrange a suitable time for a second delivery to you.

If your items are delivered by Australia Post, and no one is present to accept the delivery, you will be required to take your delivery card to your local post office within 5 business days and collect your goods from there.

 

Availability of Products

All products on our website are supplied subject to availability. We will use our best endeavours to supply you with the product ordered. On occasion however, goods that are displayed on our website may not be available. In the event the items you have ordered are out of stock, we will notify you within two days and offer you a part dispatch for the balance of your order that is available and issue you with your choice of a refund or credit note for that part of the order that cannot be supplied.

You may choose to cancel the order and have refunded to you, the entire order if the entire order is not available. Alternatively, if the entire order is unavailable, you may choose to receive a credit note.

You must contact us if you wish to be advised of the expected date of arrival or if you wish to receive a refund or credit note.

All refunds will be made the same way as the original payment method was made in favour of the person or entity on the original transaction.

 

Pre-Orders

We accept pre-orders for items which are not in stock. We may charge you at time of order or on dispatch for delivery depending on the payment method used. The product pre-order page will inform you if the charge is only to be rendered on dispatch.

 

Incorrect Goods Supplied

If we supply you with an incorrect product, we will supply you with the correct product once the incorrect product has been returned. In the event of a wrong product being supplied, you must contact us within 48 hours of receiving your goods. The freight cost incurred will be paid by I’m New Media.

 

Products Damaged in Transit

All orders from our website will be delivered by independent courier companies. These couriers will use their best endeavours to supply you with the product you have ordered in good condition. If goods are damaged in transit, you will need to contact us by email within a reasonable period of time after receiving your goods. We will supply you with a replacement product once the damaged product has been returned. The freight cost incurred will be paid by I’m New Media.

 

Products Lost in Transit

All orders from our website will be delivered either by Australia Post or by an independent courier company. These couriers will use their best endeavours to deliver you products within 7 days of dispatch. If after 7 days from your purchase date, your order has not been delivered, you will need to contact us by e-mail. We will immediately thereafter commence an “official consignment note trace” with the courier company concerned. If after 10 days from the date of your notification to us the goods cannot be located, we will supply you with a replacement product at no cost to you, providing the loss is not caused by (i) your supplying us the incorrect delivery address or (ii) after the address is supplied, you subsequently change your delivery address.

 

Faulty Products

Our Company takes pride in supplying quality products. Our goods come with guarantees which cannot be excluded under the Australian Consume Law (Statutory warranties). You are entitled to a replacement or a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Statutory warranties: If, within a reasonable period of time after your receipt of the goods, those goods are found to be faulty as a result of a manufacturing defect, then you must contact us at the address referred to at the end of these Terms and let us know what the problem is. We will supply you with an identical product within 14 days after the faulty product has been returned to us by you providing you do not make any further use of the faulty product after you discover that it is faulty. You must, when returning the faulty product, clearly state in writing in BLOCK CAPITALS, the address to which the replacement product is to be sent. The freight costs incurred by you in returning the faulty product to us, will be paid by I’m New Media. Please send to us (i) with the faulty product, (ii) your freight cost receipt (or other material evidencing the freight cost reasonably satisfactory to I’m New Media) together with (iii) your purchase receipt from I’m New Media (or other evidence of the purchase from I’m New Media reasonably satisfactory to I’m New Media) (iv) the BSB and account number into which you want to freight costs to be paid, and we will reimburse you those costs at the time the replacement product is sent to you. If an identical product cannot be found, we will reimburse you your purchase costs and the freight costs by the same method.

 

Returns

We respect your choice to shop with I’m New Media and if for any reason you wish to return the product to us, you can do so within 7 days from the purchase date, providing the product is unused, in its original packaging and with the original receipt. Please (i) forward the unused product (at your expense) in its original packaging and with the original receipt (or other material evidencing your purchase from I’m New Media reasonably satisfactory to I’m New Media) (ii) to our address referred to at the end of these Terms by registered or tracking courier and we will issue you with a credit note for the invoiced cost of the product returned less the original shipping fee that we incurred where the product had been shipped out to you at our cost.

 

Manufacturer’s Warranty

Where applicable, these are in addition to statutory warranties which cannot be excluded under the Australian Consumer Law. Where applicable, manufacturer warranty periods are as stated for each individual item. A manufacturer’s warranty begins from the date of invoice, not the date of first use. If you make a claim under a Manufacturer’s warranty, you must pay for the cost of returning the product to I’m New Media and for the cost of having it delivered to you after repair, exchange or refund (as the case may be). Other Manufacturer warranty details are as stated for each individual item.

 

Encryption of financial information

When purchasing from I’m New Media your financial details are passed through a secure server using the latest encryption technology. You can rest assured knowing that any credit card and sensitive financial information you provide I’m New Media on its websites is fully secure.

We don’t store any sensitive credit card information on our website. Encrypted protection (EP) is used for all credit card and financial transactions and this information is sent directly to our ordering processing centre.

EP is security protocol on the Internet and is widely used by many companies in Australia and around the world. EP does two primary things: 1) it validates the identity of a Website; and 2) it creates an encrypted connection for sending credit card and other personal data. When paying by credit card and entering your credit card details, you will note a “lock” icon at the top or bottom of your browser. If the lock is closed, you are on a secure EP connection; all your financial information is therefore securely encrypted.

 

Use of Goods

It is essential that all products purchased from us are only used in the manner that they are intended to be used. It is essential that the products purchased from us are not modified in any way whatsoever from the condition they were supplied in. We accept no responsibility whatsoever if products are modified in any manner from the condition that they were supplied. If you are at any time unsure about a product’s intended use, it is essential that you contact us by e-mail immediately for advice in this regard.

 

Use of Graphics on our Website

At all times we will try to ensure that the graphics on our website are as accurate and as close to the actual products as possible. Computer colours and the large range of computer monitors available make the matching process a lot more difficult so on our website it is important to note that visual dimensions of products are used for graphic purposes only. In all cases, it essential that you use the actual written dimensions of each product when this is applicable.

 

Communication from I’m New Media

As a condition of purchase from I’m New Media we reserve the right to email you our newsletters and information that we may consider may be of interest to you. We respect your right not to receive this information and if you advise us that you do not wish to receive this information we will disable that functionality for your account. All our newsletters and communications of a similar nature will have a clear link to unsubscribe.

 

Limitation of Liability

Save as expressly provided in these Terms and Policies or in the Competition and Consumer Act 2010 (Cth.) (“Act”) and equivalent State and Territory legislation:

  1. All conditions, warranties or consumer guarantees (whether express or implied by statute or common law or arising from conduct or by previous course of dealing or trade custom or trade usage or otherwise) as to the quality of the products or their fitness for any particular purpose (even if that purpose is made known expressly or by implication to you) and any other matter covered by the conditions and warranties implied by Part 3-2 Div. 1 of the Act (other than sections 51, 52 and 53) are hereby expressly excluded; and
  2. I’m New Media accepts no liability for any loss, damage, cost, loss of profits, anticipated savings, wasted expenditure, loss of contracts with third parties, or consequential loss (“Loss”) whether suffered by you or by any third party and whether or not I’m New Media was aware that such Loss was possible or such Loss was otherwise foreseeable, whether such Loss arises from any representation, recommendation or advice made or given in relation to the products, the use of the products, or the failure by I’m New Media to observe and fulfil its obligations under these Terms or otherwise.

To the fullest extent permitted by law, I’m New Media’s liability for any breach of a consumer guarantee implied by the Act (and which cannot be excluded) shall be limited to any one or more of the following (as determined by I’m New Media in its absolute discretion): in the case of products, the replacement, repair or payment of the cost of replacement or repair of the product within 14 days of notification. However, if the failure to comply with a consumer guarantee is a major failure (as defined in s260 of the Australian Consumer Law [ACL]), you may reject the goods within the period of time stipulated in s262 of the ACL, and in such circumstances you may seek from I’m New Media at your choice, a full refund or a replacement of the goods.

 

Authority to Purchase from I’m New Media

By accepting our sales terms and conditions, you are acknowledging that you have the authority to enter into a commercial transaction with I’m New Media. If you are under 18 years of age, you cannot enter into a transaction with I’m New Media. Instead, you should seek the assistance of you parents or guardians. Commercial employees, purchasing on behalf of their company or business, must have the appropriate company authority to enter into a transaction on the company’s behalf.

 

Force Majeure

I’m New Media shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of I’m New Media, and I’m New Media shall be entitled to a reasonable extension of time for the performance of such obligations.

 

Company Details

Our company name is I’m New Media Pty Ltd trading as I’m New Media. Our A C N is 151 613 679 and our ABN is 25 151 613 679.

 

Applicable Law

The transactions contemplated on this site and all legal aspects associated with this site will be governed by the laws of the State of New South Wales and the Commonwealth of Australia.

 

 

All references to I’m New Media in this Privacy Policy refer to I’m New Media Pty Ltd, ACN 151 613 679 ABN 25 151 613 679 Please note that the above Privacy Policy may change over time.

If there is any matter or concern not clarified in these “Terms and Policies” or should you wish to contact us, then:

email us at: info@lagu.com.au

or telephone us on (02) 8970 8880. or post us at I’m New Media: Unit 707, 9-11 Wollongong Rd, Arncliffe, NSW 2205

We will get back to you as soon as possible.

 

(Document last updated 18 Oct. 2014)