Terms & Conditions
Destiny Media Services Pty Ltd (Destiny Media) accepts Paypal, direct deposit and bank cheques as payment methods. All orders less than $200.00 (before GST & freight charges) will attract a Packaging & Handling Fee of $15.00 in addition to applicable freight charges. Prices and product availability are subject to change without notice. Please email the office to confirm current prices.
Freight and shipping prices are subject to change without notice. Please enquire with Destiny Media for freight prices. We use a variety of freight suppliers for different destinations.
Returns and Disputes
Destiny Media does not accept returns, except when Destiny Media has supplied the incorrect stock. Please do not send returns without speaking with our office first, as no credit will be raised for product returns that are not authorised. If there are any disputes relating to product specifications, damage during transit, or quantities delivered, please let us know within 14 days of delivery. Any claims made after 14 days will not be accepted.
Please note that for course materials you need to allow up to 6 weeks for delivery. Additionally, overseas orders may take longer. In some instances, it could take longer during the peak and national holiday periods. For codes, if the product is in stock, we will deliver within a week of payment (for prepaid orders). Note: Extended lead-times may apply due to COVID-19.
General Terms and Conditions of Sale
Please note that other general Terms and Conditions apply.
In these conditions,
“Agreement” means any Agreement or Contract entered into for the provision of Goods and/or Services by Destiny Media Services Pty Ltd (Destiny Media) to the Customer.
“Customer” means a person, firm or corporation, jointly and severally if there is more than one, acquiring Goods or Services from Destiny Media.
“Delivery” means when Goods are delivered to the Customer’s premises or when Services are provided.
“Goods” means Goods supplied by Destiny Media to the Customer.
“GST” means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended.
“Intellectual Property” means all copyrights, patents, trademarks, designs, formulas, specifications, confidential information, manufacturing processes and/or modifications, improvements and derivations (whether registrable or not) owned or licensed by Destiny Media in respect of the Goods and Services.
“Services” means Services supplied by Destiny Media to the Customer.
“Synergy” means Destiny Media Services Pty Ltd ABN 081 896 031.
“Terms” means these Terms and Conditions of Trade.
Basis of Agreement
- These Terms apply to the supply of all Goods and Services by Destiny Media to the Customer and cannot be varied except in writing signed on behalf of Destiny Media.
- The Customer shall supply Destiny Media with detailed and specific instructions as to the Goods and Services it requires.
- Any written quotation provided by Destiny Media to the Customer for the proposed supply of Goods and Services is;
- Valid for 3 months from its date.
- An invitation to treat only.
iii. Subject to the Customer offering to enter into an Agreement in accordance with these Terms.
- Destiny Media may include additional Terms in its quotation to the Customer. In the case of inconsistency between Terms set out in Destiny Media’s quotation and these Terms, the Terms set out in the quotation shall prevail.
- The Customer shall offer to purchase Goods by signing the quotation and returning to Destiny Media.
- The Customer’s offer shall be deemed to be accepted by Destiny Media when;
- Destiny Media confirms its acceptance in writing, or by electronic means, or
- Destiny Media delivers the Goods and/or Services pertaining to the offer to the Customer
- Destiny Media may in its absolute discretion refuse to accept any offer.
- Prices quoted for the supply of Goods and Services exclude GST and all other taxes or duties imposed on the Goods and Services in addition to paying the price of Goods and Services, the Customer must pay any GST and any other taxes or duty imposed on the Goods and Services.
- If the Customer requests any variation to the Agreement, Destiny Media may vary the price of the Goods or Services to account for the variation.
- Where there is a substantial variation in the cost of materials or Services used by Destiny Media in producing the Goods or Services, Destiny Media may vary its price for the Goods or Services by notifying the Customer.
- Unless otherwise agreed in writing, the Customer shall pay for Goods and Services supplied by Destiny Media upon Delivery of Goods or submission of an account for Services.
- Payment by cheque is not deemed made until proceeds of the cheque have cleared.
If Destiny Media allows the Applicant time to pay for Goods and Services, then such credit facility shall be conducted upon the following terms;
- The Customer shall pay for all Goods and Services supplied by Destiny Media by the last day of the month following the month in which the Goods and Services were supplied by Destiny Media (the “due date”).
- Destiny Media may in its sole discretion at any time terminate its credit facility with the Customer or require the Customer to provide security or additional security in support of the credit facility.
- Destiny Media may at any time cease or withhold the supply of Goods to the Customer on credit.
- If the Customer fails to pay all monies due to Destiny Media by the due date or is otherwise in breach of the credit facility then;
- The Customer shall reimburse Destiny Media all expenses and costs incurred by Destiny Media in recovering monies not paid by the Applicant by the due date.
Risk and Insurance
- The Goods shall be at the Customer’s risk immediately following Delivery of the Goods.
- The Customer shall obtain all necessary licenses and permits in relation to the Goods under all relevant Laws or Regulations.
- From the time of Delivery the Customer assumes all risk and liability for loss, damage or injury to persons or property of the Customer, or third parties arising out of the use of, or possession of any of the Goods whether such goods are used singularly or in combination with any other process.
The Customer acknowledges that;
- It is solely responsible for satisfying itself that the Goods or Services are suitable for use of the Customer or any contemplated use by the Customer, whether or not such use is known by Destiny Media.
- Any description of the Goods provided in a quotation or invoice is given by way of identification only and the use of such description does not constitute a Contract of Sale by description.
Performance of Agreement
- Any period of date for Delivery of Goods or provision of Services stated by Destiny Media is intended as an estimate only and is not a contractual commitment. Destiny Media will use its reasonable endeavours to meet any estimated date for Delivery of the Goods or completion of the Services, but will not be liable in any circumstances for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
- A completed drivers’ manifest or delivery docket whether signed by the driver or the Customer or its employee or agent will be proof of Delivery of Goods invoiced.
- Destiny Media will, at its discretion, deliver material orders for Schools and courses within 6-8 weeks of receiving the order form.
- Destiny Media will, at its discretion, arrange for the Delivery of the Goods to the Customer and shall designate the route and means of transportation for the Delivery of the Goods or Services. In the event that the Customer requires a different route or form of transportation, the Customer will reimburse Destiny Media for the extra costs involved.
- Unless otherwise agreed in writing by Destiny Media, the Customer will be responsible for all costs associated with Delivery, including freight, insurance and other charges arising from the point of dispatch of the Goods to the Customer to the point of Delivery.
- The Customer must provide reasonable and proper access to the location specified for Delivery.
- The Customer authorizes Destiny Media in its absolute discretion to subcontract Delivery.
- The Customer indemnifies Destiny Media against any loss or damage suffered by Destiny Media, its subcontractors or employees as a result of Delivery, except where such a loss or damage is caused by the negligence of Synergy.
- Except as specifically set out herein, or contained in any warranty statement provided with the Goods or Services, any Term, condition or warranty in respect of the quality, merchantability, fitness for purposes condition, description, assembly, manufacture, design or performance of the Goods or Services, whether implied by Statute, Common Law, Trade usage, custom or otherwise which may be lawfully excluded, is hereby expressly excluded.
- Destiny Media’s liability arising under or in connection with the sale, use of, shortage in Delivery of or any other dealings with the Goods or Services by the Customer or any third party shall be limited to replacement or repair the Goods re-supply of the Services.
- Destiny Media shall not be liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business, or Good Services.
- Destiny Media shall not be liable for any loss or damage suffered by the Customer where Destiny Media has failed to deliver Goods or Services or fails to meet any Delivery date or cancels or suspends the supply of Goods or Services.
- Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Goods or supply of Services which cannot be restricted or modified.
- If, through circumstances beyond the control of Destiny Media, Destiny Media is unable to affect Delivery or provision of Goods or Services, then Destiny Media may cancel the Customer’s order, (even if it has already been accepted) by notice in writing to the Customer.
- No purported cancellation or suspension or any order or any part thereof by any Customer is binding on Destiny Media after that order has been accepted.
- Destiny Media, in its absolute discretion may review, alter or terminate the Customer’s credit limit or payment terms without notice.
- All specifications, formulas, drawings, illustration, descriptive matter and particulars contained in Destiny Media’s catalogue, website, and marketing documents are indicative only, do not form part of this Agreement, and are not representations or warranties of any kind. Any discrepancies will not entitle the Customer to rescind this Agreement or seek compensation or damages.
- The Customer must not reverse engineer any Goods provided to it by Destiny Media.
- All drawings, descriptive matter and particulars supplied by Destiny Media to the Customer remain Destiny Media’s property and are to be returned to Destiny Media on demand and the Customer shall not publish or communicate any of them to any person or publish or permit them to be copied or communicate them to any other person without Destiny Media’s prior consent in writing.
- The Customer acknowledges that it has no proprietary rights or interest in the Intellectual Property.
- The Customer must not register, record or attempt to register or record anywhere in the world the Intellectual Property or any part or any patents, inventions, trademarks or designs derived from or similar to the Intellectual Property or aid or abetted anyone else in doing so.
- The Customer must not at any time create, sell, manufacture or process any Goods or Services using or taking advantage of the Intellectual Property.
- The Customer warrants that where it provides material for use by Destiny Media or provides manufacturing direction, it is legally entitled to do so.
- The Customer indemnifies and agrees to keep indemnified Destiny Media against all liabilities, losses and expenses incurred by Destiny Media in relation to, or in any way directly or indirectly connected with, any breach of any Intellectual Property rights in relation to the Customer’s manufacturing process or material provided by the Customer for the manufacture or supply of the Goods and Services.
- Any Intellectual Property provided to the Customer by Destiny Media in connection with the Goods and Services remains the exclusive property of Destiny Media and must be returned to Destiny Media on demand and must not be copied or communicated to any third party without the express written consent of Destiny Media.
- Subject to clause 15.c Destiny Media will replace any Goods or re-supply any Services which in its reasonable opinion do not meet the standards specified in the product description by more than an acceptable level of variance.
- Provision of the Warranty is subject to;
- Payment in full of the amount owing to Destiny Media by the Customer in accordance with this or any Agreement.
- Written notice from the Customer within 14 days of delivery of any Goods or Services that it believes such Goods or Services do not meet specification or that such Goods that are defective.
iii. The provision of a sample of the Goods to Destiny Media for testing.
- Correct use and storage of the Goods in accordance with instructions provided.
- Using the Goods and Services in accordance with their intended purpose.
- The Customer warrants to use the Goods in accordance with;
- Any instruction provided to it by Destiny Media from time to time.
- All Government and local Regulations including but not limited to all relevant Environmental Laws and Regulations governing use handling and maintenance of the Goods.
iii. All necessary and appropriate precautions and safety measures relating to the storage, use, handling and maintenance of the Goods.
- Destiny Media shall not be required to replace Goods which are defective as a result of not being used for their proper or intended purpose or which have been processed, or changed in any manner without Destiny Media’s approval.
- The Laws of Queensland from time to time govern this Agreement and the parties agree to the non-exclusive jurisdiction of the Courts of Queensland and the Federal Court of Australia.
- Failure by Destiny Media to enforce any of these Terms shall not be construed as a waiver of any of Destiny Media’s rights.
- Any provision herein contained which is found to be unenforceable shall be read down so as to be enforceable, or if it cannot be so read down, the condition shall be severed from these Terms without affecting the enforceability of the remaining conditions.
- A notice must be in writing and handed personally, sent by facsimile, or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received two days after posting. Notices sent by facsimile are deemed to be received upon confirmation of transmission.
- Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law Destiny Media, and Destiny Media's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
- We recognise that in some countries, you might have legal rights as a consumer. If you are using the Good and Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.