Terms of sale

Terms of Sale

Terms and conditions for goods sold by Videoguys Australia from videoguys.com.au

These Terms and Conditions constitute a legally binding contract between you (the customer) and Videoguys Australia and apply to the ordering, purchase, fulfilment, and delivery of goods (“Goods”) from videoguys.com.au. By placing an order for Goods from Videoguys Australia, you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. These Terms and Conditions contain important information about the ordering, processing, fulfilment, and delivery of Goods.

1. Definitions

In these Terms and Conditions:

    •    “Account” means a personal account created by you on the Videoguys Australia Website.
    •    “Additional Delivery Charge” has the meaning given in Section 4.4.
    •    “Delivery Charge” has the meaning given in Section 4.3.
    •    “Delivery Options” means the delivery options available for an Order listed on the Website, updated from time to time. Options include standard delivery, express delivery, or same-day delivery, with varying charges and estimated times.
    •    “Direct Website” means www.videoguys.com.au.
    •    “Distribution Centre” means a Videoguys Australia distribution centre open to the public for pre-arranged pre-paid order collections.
    •    “Home Delivery” means a Delivery Option for “big and bulky” goods.
    •    “International Delivery Charges” has the meaning given in Section 4.5.
    •    “Videoguys Australia Website” means videoguys.com.au.
    •    “On Demand Delivery” means delivery on the same day as you place the Order or within a selected time period.
    •    “Order” means an order for Goods placed on the Videoguys Australia Website or Direct Website.
    •    “Parcel Delivery” means delivery by courier, excluding Home Delivery or On Demand Delivery.
    •    “Password” means the password needed to access your Account.
    •    “Pre-Orders” means an Order for a product before its official release date.
    •    “Premises” means the address specified by you for delivery.
    •    “Restricted Goods” means Goods intended for persons of a specific age.
    •    “Selected Delivery Option” has the meaning given in Section 10.1.
    •    “Website” means videoguys.com.au or www.videoguys.com.au (as applicable).

2. Your Legal Rights Under the Consumer Guarantees Provided by the Australian Consumer Law

2.1. Nothing in these Terms and Conditions shall exclude, restrict, or modify any condition, warranty, guarantee, right, or remedy implied by the Australian Consumer Law that cannot be excluded, restricted, or modified by law.

2.2. Our goods and services come with consumer guarantees under the Australian Consumer Law. If a good or service fails to meet these guarantees:

For Goods:
    Major Failure: You are entitled to a replacement or refund.
    Minor Failure: You may request Videoguys Australia to remedy the failure, and if Videoguys Australia fails to do so, you may recover all reasonable costs to remedy the failure or reject the goods and claim a replacement or refund.

For Services:
    Major Failure: You may terminate the agreement or recover compensation for any reduction in value below the price paid.
    Minor Failure: You may request Videoguys Australia to remedy the failure, and if it cannot be remedied, you may recover reasonable costs or terminate the agreement.

3. Information About Videoguys Australia’s Liability to You

3.1. Except where caused by Videoguys Australia’s negligence or breach of these Terms and Conditions, or as required by law, Videoguys Australia is not liable for loss caused by:

    •    Incomplete or inaccurate Account information
    •    Unauthorized use of your Password or Account
    •    Incomplete or inaccurate Order information
    •    Inability to change or cancel your Order
    •    Issues with the Website beyond Videoguys Australia’s control
    •    Cancellation of your Order
    •    Delays in delivery or availability of Goods
    •    Late, lost, or misdirected deliveries
    •    Breach of these Terms and Conditions by you

4. Pricing & Taxes

4.1 Prices for Goods are as shown on the Website.

4.2 Videoguys Australia reserves the right to change prices at any time without notice. The price at the time of Order placement will apply even if prices change before acceptance.

4.3 In addition to the price for the Goods, you will need to pay the listed Delivery Charge for your Selected Delivery Option, which will appear in your shopping cart.

4.4 Additional Delivery Charges may apply if you live in an area requiring special transport. Videoguys Australia will contact you with a quote and will not process your Order until you confirm acceptance.

4.5 International Delivery Charges will apply for deliveries outside Australia and will be shown in your shopping cart.

4.6 By placing an Order, you agree to pay the price for the Goods, any Delivery Charge, Additional Delivery Charge, and International Delivery Charge.

4.7 All prices, Delivery Charges, Additional Delivery Charges, and International Delivery Charges are in Australian dollars and inclusive of GST.

Pricing, Availability, and Product Information

All prices quoted on the website are inclusive of GST but do not include delivery (only if marked “Free Shipping”) and are based on payment by either Cash, Credit Cards, PayPal, Zip Pay, or Direct Deposit.

Please be aware that if you are doing a direct deposit payment using internet banking from a different bank other than Commonwealth Bank, it may take up to 48 hours to show up in our account. We do not ship orders out until payment is fully confirmed to be ‘cleared’ funds in our account.

All products advertised do not include the cost for any installation or troubleshooting compatibility issues. If you require assistance on installation/troubleshooting, this will be charged at our standard labour charge of $95/hour.

    •    As errors and omissions may occur, pricing, product information, and availability are not final until confirmed by Videoguys Australia Pty Ltd staff either by email, phone, or in person.
    •    Price matching/discounting is only at Videoguys Australia Pty Ltd’s discretion. As other competitors may not offer the same exact product, have stock, or offer the same warranty and service support as we do.
    •    All prices are subject to change without notice. By placing the order, the customer has agreed to pay the prices as listed on the order form at the time the order was originally submitted. However, we reserve the right to increase/reduce the price for items that are not in stock (stock with order only status) at the time of ordering as final/latest pricing can only be confirmed at the time of purchase from our supplier. For all other items that are in stock or an order that is already completed, the price will remain as is, and we will not offer a rebate or reimbursement of price differences in this situation.

Although we do our best to keep our stock levels up on most items, we cannot guarantee availability on all items so we encourage a formal query to be made especially for ‘Urgent’ items prior to Ordering. Items in stock will be allocated and reserved only to customers with a formal purchase order or website order.

In the event you have an urgent need for a particular item, please call us before placing your order to verify if the item is in stock.

Rental/Lease Finance

What does Studio 19 Rentals do? We rent the things people love. Cameras, guitars, bikes, technology, and the list is growing. We understand being passionate about something. We understand why that’s such a driving force in people’s lives. In fact, this is how we still decide on our product lines. And it’s also what we offer. The chance to follow your passion. To create, learn, and play. To get inspired and inspire others. We help people get the gear they’ve been dreaming of every day and although you rent the goods, the experience, the creations, and the adventures are yours to keep.

Please Note: Videoguys Australia Pty Ltd does not sell items or imply items “subject to finance” before purchase. It is the buyer’s responsibility to arrange this prior to leaving a holding deposit on items. Videoguys Australia WILL NOT refund any deposits on reserved stock items after 14 days unless otherwise arranged.

5. Your Account for Orders Placed on the Videoguys Australia Website

5.1 You must create an Account to place an Order on the Videoguys Australia Website unless using the “Guest Checkout” feature.

5.2 Creating an Account subscribes you to Videoguys Australia’s marketing communications. You may unsubscribe at any time.

5.3 You may not create an Account for someone else.

5.4 Ensure all information provided in relation to your Account is complete, true, and accurate.

5.5 Notify Videoguys Australia immediately of any unauthorized use of your Password or Account.

5.6 Videoguys Australia may terminate or suspend your Account to protect against fraud or unlawful use.

6. Orders

6.1 Place an Order by following instructions on the Website or Direct Website.

6.2 An Order is an offer to purchase Goods at the price and Delivery Charge shown. Videoguys Australia may accept or reject your offer in its discretion.

6.3 Each Order, if accepted, forms a separate binding agreement with Videoguys Australia.

6.4 Obtain consent from the recipient if placing an Order for someone else and confirm to Videoguys Australia that consent has been obtained.

6.5 Sale of Restricted Goods is subject to legal age requirements (if applicable):

    •    R18+ products: 18 years or older
    •    MA15+ products: 15 years or older

6.6 A limit of one per customer applies for “Factory Scoop” Goods.

6.7 Ensure all information provided with each Order is accurate.

6.8 Check your Order and Selected Delivery Option carefully before submitting as changes or cancellations may not be possible.

6.9 Separate Orders will be delivered separately, with individual Delivery Charges applying.

6.10 Goods may be dispatched separately due to various factors such as location or type of Goods.

6.11 The Website’s instability can affect Order placement and processing. Videoguys Australia is not responsible for issues beyond its control.

6.12 Take precautions to protect your system from viruses and malicious code.

7. After you have submitted an order/payment

7.1 When you submit an Order you will receive an Order reference number via e-mail.

7.2 Videoguys Australia will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in Section 4.4). Your Order is deemed to be accepted by Videoguys Australia when Videoguys Australia does this, however, Videoguys Australia may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Videoguys Australia cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1.

7.3 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 7.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For credit card or PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly your issuing bank or PayPal (as the case may be) processes the cancellation. For Videoguys Australia Gift Card payment the time that it takes for the refund to take effect is likely to be between 5-10 days. For any other payment method, the time it takes for the refund to take effect will depend on how quickly the relevant payment provider processes the cancellation.

7.4 When Videoguys Australia accepts an Order it represents an agreement by Videoguys Australia to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

7.5 You must pay for Goods by credit card, certain prepaid payment cards, PayPal account or Videoguys Australia Gift Card. Additionally:

(a) when you place an Order on the Videoguys Australia Website, you may also pay for Goods using:

(i) Afterpay (subject to Afterpay’s Terms of Service) or ZipPay (subject to the Zip Pay Terms & Conditions), provided that the amount you are paying for Goods (excluding delivery charges) is not less than $20 and not more than $3,000 (excluding delivery charges); or (ii) an interest-free plan available on the Videoguys Australia Website with a participating Latitude credit card (subject to the applicable conditions of use of your participating Latitude credit card), provided that the amount you are paying for Goods (excluding delivery charges) is $300 or more; or (b) when you place an Order on the Direct Website, you may also pay for Goods using Afterpay (subject to Afterpay’s Terms of Service) or ZipPay (subject to the Zip Pay Terms & Conditions), provided that the amount you are paying for Goods (excluding delivery charges) is not less than $20 and not more than $3,000.

Please note you may not use these additional payment methods to pay for Gift Cards or any other third-party gift cards/vouchers.

7.6 You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order, Videoguys Australia may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card or selecting one of the other available payment methods you authorize Videoguys Australia to deduct the price and the applicable Delivery Charge(s) from such card or payment methods.

7.7 Videoguys Australia reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion (including by temporarily making available additional payment methods from time to time on a trial basis).

7.8 Videoguys Australia may not be able to, or may decline to, accept payment from you by your nominated payment method:

(a) where our fraud detection systems detect possible irregularities;

(b) because your financial institution or other payment provider has declined payment;

(c) because your payment card has expired;

(d) where technical difficulties impact our ability to process payment; or

(e) in any other situation if Videoguys Australia believes, acting reasonably and in good faith, that this is necessary to protect you or Videoguys Australia from fraud or loss.

Where this is the case, Videoguys Australia reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

7.9 When you submit an Order, Videoguys Australia may complete a pre-authorization of the full value of the Order. A pre-authorization is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is canceled. If an Order is canceled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorization may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g. 7 to 30 days). After such time, the funds will become available again for you to use.

7.10 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

8. Cancellation of Orders

8.1 Videoguys Australia reserves the right to cancel, at any time before delivery, an Order that it has previously accepted where:

(a) Videoguys Australia, acting in good faith, is unable to obtain sufficient quantities of stock to fulfill your Order within a reasonable time;

(b) an event beyond Videoguys Australia’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action, or failure or problems with the internet or third-party computer systems, means that Videoguys Australia is unable to supply the Goods within a reasonable time;

(c) Goods or services ordered were subject to an accidental error on the Website, for example, in relation to a description, price, reward, or image;

(d) you ask Videoguys Australia to cancel your Order in accordance with section 6.8; or

(e) in the circumstances set out in Sections 4.4 or 7.8.

8.2 You may cancel your Order where Videoguys Australia:

(a) has breached a material term of this Agreement; or

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.

8.3 Where Videoguys Australia cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

8.4 In the event of Videoguys Australia or you canceling your Order after payment has been processed, Videoguys Australia will refund any money paid in respect of that Order. Section 15 of these Terms and Conditions sets out further information about refunds.

9. Availability of Goods/Refurbished stock

9.1 As Videoguys Australia is dependent upon its suppliers to provide stock, Videoguys Australia cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Videoguys Australia reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. After you place an Order, if there are any changes in available stock and Videoguys Australia is unable to fulfill your Order, you will be notified as soon as possible.

9.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent, or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in good working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.

10. Delivery

10.1 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order (“Selected Delivery Option”). An estimated delivery time will be listed for your Selected Delivery Option. Videoguys Australia will use reasonable endeavors to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out-of-stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.

10.2 Risk and title in Goods pass to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

10.3 Goods will generally only be delivered to addresses within Australia. Videoguys Australia is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order. Videoguys Australia may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.

10.4 Following dispatch of your Goods, Videoguys Australia will email you with confirmation of dispatch and an invoice for your Order.

Parcel Delivery

10.5 Where requested, Videoguys Australia will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as your delivery address, Videoguys Australia will contact you to provide an alternative address.

10.6 You must ensure that you provide a delivery address where someone will be available to receive the Goods at the time of delivery.

10.7 Delivery charges are calculated based on your Selected Delivery Option and are displayed at the checkout before you confirm your Order. Delivery charges are non-refundable, except where you are entitled to a refund under these Terms and Conditions.

10.8 Delivery times for Goods will vary depending on your Selected Delivery Option, where the Goods are being delivered to, and the availability of stock. It is your responsibility to ensure that the delivery address you provide is accurate and that someone will be available at the address to receive the Goods. If an attempted delivery is unsuccessful and the carrier is unable to contact you or leave a card at the delivery address, the Goods will be returned to Videoguys Australia and you will be required to pay any additional delivery charges in order for your Goods to be redelivered.

10.9 If you order more than one item, Videoguys Australia may deliver each item separately, and you may receive more than one delivery. You may not cancel an Order if there is a delay in the delivery of only some of the items in your Order. Delivery charges are non-refundable, except where you are entitled to a refund under these Terms and Conditions.

10.10 If you do not receive your Order within the estimated delivery time listed for your Selected Delivery Option, please contact our Customer Support Team for assistance.

19. Additional Terms and Conditions

19.1 Your use of the Website is governed by the Website Terms of Use.

20. General

20.1 Videoguys Australia reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

20.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

20.3 These Terms and Conditions are governed by the laws of Victoria, Australia.