JB Hi-Fi allows third-party sellers (who we call "Marketplace Partners") to sell goods and services via the JB Hi-Fi Marketplace. This document contains the Terms and Conditions which apply to products and services sold by Marketplace Partners via the JB Hi-Fi Marketplace. Where a product or service is being sold by a Marketplace Partner the relevant product or service listing on the Website will specify this.
If you have placed an order on the Website to purchase products or services from JB Hi-Fi directly (i.e. not from a Marketplace Partner) then JB Hi-Fi's standard online terms of sale, apply to that order and these Terms and Conditions will not apply to that order.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions constitute a legally binding contract and contain important information about the ordering, processing, fulfilment and delivery of Marketplace Goods. You agree to be bound by these Terms and Conditions when browsing and purchasing Marketplace Goods on the JB Hi-Fi Marketplace.
1. Definitions
In these Terms and Conditions:
“30-day Change of Mind Returns Policy” has the meaning given in clause 15.1;
“Account” means a personal account created by you on the Website;
“Australian Consumer Law” means the provisions of Schedule 2 to the Competition and Consumer Act 2010 (Cth).
“Delivery Charge” has the meaning given in clause 5.3;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time;
“JB Hi-Fi”, “we”, “us” means JB Hi-Fi Group Pty Ltd (ACN 093 114 286);
“JB Hi-Fi Marketplace” means the online marketplace available on the Website, which allows customers to purchase Marketplace Goods;
“JB Hi-Fi’s Minimum Voluntary Warranty Policy” means the policies contained in the publicly available guide entitled “Refunds & Warranties Understanding Your Rights” setting out JB Hi-Fi’s refund and warranty policies for faulty goods and change of mind, or any other policy made publicly available by JB Hi-Fi regarding these issues, in each case as amended and replaced from time to time;
“Marketplace Goods” means products or services available on the Website which are identified as being sold by a Marketplace Partner;
“Marketplace Partner” means a third-party seller that JB Hi-Fi has authorised to trade on the JB Hi-Fi Marketplace;
“Marketplace Partner Change of Mind Returns Policy” has the meaning given in clause 15.2;
“Order” means an order for Marketplace Goods placed on the Website. If you place a single order for multiple Marketplace Goods which are sold by multiple Marketplace Partners you will be treated as having placed a separate order with each Marketplace Partner in respect of the relevant Marketplace Goods being sold by them (including in respect of all Delivery Charges), and the term “Order” as used in these Terms and Conditions will be interpreted accordingly;
“Password” means the password needed to access your Account;
“Restricted Goods” means Marketplace Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age;
“Selected Delivery Option” has the meaning given in clause 11.1; and
“Website” means jbhifi.com.au.
2. Purchasing Marketplace Goods
2.1 When you place an order on the JB Hi-Fi Marketplace to buy Marketplace Goods from a Marketplace Partner, you are ordering directly from the Marketplace Partner.
2.2 JB Hi-Fi is not the seller or supplier of any Marketplace Goods and does not in any way guarantee any Marketplace Partner’s compliance with these Terms and Conditions. To the fullest extent permitted by law JB Hi-Fi will not be liable for losses or claims arising out of or in connection with any Marketplace Partner’s acts or omissions, or in connection with any Marketplace Goods themselves, except to the extent those losses or claims are caused by JB Hi-Fi’s negligence, JB Hi-Fi’s breach of these Terms and Conditions or as otherwise required by law.
2.3 As the operator of the Marketplace, JB Hi-Fi has certain rights and obligations under these Terms and Conditions. JB Hi-Fi may enforce its own rights under these Terms and Conditions.
2.4 JB Hi-Fi may not have reviewed, or approved the content of, listing, pricing or other promotional material for Marketplace Goods on the JB Hi-Fi Marketplace or information published on the JB Hi-Fi Marketplace in respect of any Marketplace Partner. To the extent permitted by law, JB Hi-Fi is not responsible for the content, accuracy or completeness of, and does not give any warranties or representations in respect of, any such content.
2.5 JB Hi-Fi will earn commissions and/or other financial benefits from Marketplace Partners on sales of Marketplace Goods.
2.6 If you experience any issues relating to Marketplace Goods or an Order please submit a request so we can put you in touch with the relevant Marketplace Partner, who will be responsible for assisting you. If you are not happy with the response you get from that Marketplace Partner (or if you have any other concerns about a Marketplace Partner’s conduct) please let us know by submitting a request and providing any relevant information.
3. Your legal rights under the Consumer Guarantees provided by the Australian Consumer Law
3.1. Nothing contained in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy or other obligation implied by the Australian Consumer Law which cannot by law be excluded, restricted or modified.
3.2. Any products or services purchased through our Website (including Marketplace Goods) come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You may recover damages from the relevant Marketplace Partner for any reasonably foreseeable loss or damage that you suffer because of any failure of a good or service you have bought from that Marketplace Partner to comply with these guarantees, and:
(a) if the failure to comply with these guarantees for goods is a major failure or cannot be remedied, you are entitled to a replacement or refund from the relevant Marketplace Partner. If a failure to comply with these guarantees for goods does not amount to a major failure you are entitled to request that the relevant Marketplace Partner remedy the failure within a reasonable time and if that Marketplace Partner fails to do so (by repairing the goods, replacing the goods or providing you with a refund);
(i) you may recover from that Marketplace Partner all reasonable costs you incur in having the failure remedied;
(ii) you may (in certain circumstances) be entitled to reject the goods and claim a replacement or refund from that Marketplace Partner; or
(b) if the failure to comply with these guarantees for a service is a major failure or cannot be remedied, you may terminate the agreement between you and the relevant Marketplace Partner for the supply of the service or recover from that Marketplace Partner compensation for any reduction in the value of the service below the price paid or payable by you for the service. If a failure to comply with these guarantees for a service can be remedied and is not a major failure, you may request the Marketplace Partner to remedy the failure within a reasonable time, and if it cannot be so remedied you may recover from that Marketplace Partner all reasonable costs that you incur in having the failure remedied, or terminate your agreement with that Marketplace Partner for the provision of the service.
3.3 JB Hi-Fi’s Minimum Voluntary Warranty Policy does not apply to Marketplace Goods because Marketplace Goods are sold by third parties and not by JB Hi-Fi.
4. Information about JB Hi-Fi’s and any Marketplace Partner’s liability to you
4.1. Except to the extent caused by a Marketplace Partner’s negligence or breach of these Terms and Conditions, or as otherwise required by law, that Marketplace Partner shall not be liable to you for any loss to you to the extent it is caused by: (i) your Account information being incomplete or inaccurate; (ii) any unauthorised use of your Password or Account which takes place before you notify JB Hi-Fi (in our capacity as operator of the Website); (iii) the Order information you submit being incomplete or inaccurate; (iv) being unable to change or cancel your Order once it has been accepted by the Marketplace Partner; (v) your Order not being received, being lost, misdirected or delayed as a result of the facility to place Orders being unavailable due to issues with the Website beyond the reasonable control of the Marketplace Partner; (vi) cancellation of your Order by you or someone else using your Account; (vii) delay in delivery of the Marketplace Goods to you beyond the reasonable control of the Marketplace Partner; (viii) any delay in you receiving any refund due to you beyond the reasonable control of the Marketplace Partner; (ix) any late, lost or misdirected deliveries of Marketplace Goods beyond the reasonable control of the Marketplace Partner; (x) the Marketplace Partner or its representatives leaving the Marketplace Goods in accordance with any “authority to leave” given by you; (xi) any breach of these Terms and Conditions by you; or (xii) any other loss to the extent resulting from something outside of the Marketplace Partner’s reasonable control and within your reasonable control.
4.2. Except to the extent caused by JB Hi-Fi’s negligence or breach of these Terms and Conditions, or as otherwise required by law, JB Hi-Fi shall not be liable to you for any loss to you to the extent it is caused by: (i) your Account information being incomplete or inaccurate; (ii) any unauthorised use of your Password or Account which takes place before you notify JB Hi-Fi (in its capacity as operator of the Website); (iii) the Order information you submit being incomplete or inaccurate; (iv) being unable to change or cancel your Order once it has been accepted by the Marketplace Partner; (v) your Order not being received, being lost, misdirected or delayed as a result of issues with the Website beyond the reasonable control of JB Hi-Fi; (vi) cancellation of your Order by you or someone else using your Account; (vii) delay in delivery of the Marketplace Goods to you beyond the reasonable control of JB Hi-Fi; (viii) any delay in you receiving any refund due to you beyond the reasonable control of JB Hi-Fi; (ix) any late, lost or misdirected deliveries of Marketplace Goods beyond the reasonable control of JB Hi-Fi; (x) the Marketplace Partner or its representatives leaving the Marketplace Goods in accordance with any “authority to leave” given by you; (xi) any breach of these Terms and Conditions by you; or (xii) any other loss to the extent resulting from something outside of our reasonable control and within your reasonable control. This clause 4.2 does not affect or limit anything in clauses 2.2 or 2.4.
5. Pricing & taxes
5.1 Prices for Marketplace Goods are as shown on the Website. Prices are set by the Marketplace Partner and may be subject to change without notice to you.
5.2 The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted.
5.3 In addition to the price for the Marketplace Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
5.4 By placing an Order you agree to pay the price for the Marketplace Goods and any Delivery Charge.
5.5 All prices and Delivery Charges quoted are in Australian dollars and are inclusive of GST.
6. Your Account for Orders placed on the JB Hi-Fi Marketplace
6.1 If you do not already have an Account you will need to create one before placing an Order on the Website, unless you utilise the “Guest Checkout” feature of the Website. If you create an Account, additional functionality on the Website may be available to you, for example, order history, order status, address book and receipt of additional marketing communications.
6.2 Please note that when you create an Account on the Website, you agree to subscribe to JB Hi-Fi’s marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUB” or “REMOVE” to the mobile number in the SMS you receive. Otherwise, you may opt-out of receiving marketing communications from JB Hi-Fi by sending a written request to The Privacy Officer, JB Hi-Fi Group Pty Ltd, either by email to privacy@jbhifi.com.au or by pre-paid post to PO Box 5190, South Melbourne VIC 3006. By creating an Account on the Website you are not agreeing to subscribe to marketing communications from Marketplace Partners. Any communications you receive from a Marketplace Partner should be limited to those reasonably necessary to complete your Order for the Marketplace Goods you purchase from that Marketplace Partner, as well as any follow-on communications reasonably connected to that Order or those Marketplace Goods. If you have concerns about a Marketplace Partner’s use of your information or communications received from a Marketplace Partner, please let JB Hi-Fi know by submitting a privacy request and sharing any relevant information.
6.3 You may not set up an Account for someone else.
6.4 Please ensure that you enter all information carefully when creating an Account. You warrant to JB Hi-Fi, and any Marketplace Partner you place an Order with, that all information provided by you in relation to your Account is complete, true and accurate.
6.5 You must notify JB Hi-Fi immediately if you become aware of any actual or potential unauthorised use of your Password or Account or if anyone other than you gains access to your Password.
6.6 JB Hi-Fi may, in its sole discretion, terminate or suspend your Account if JB Hi-Fi believes, acting reasonably and in good faith, that this is necessary to protect you, JB Hi-Fi or any Marketplace Partner from fraud or other unlawful or unauthorised use.
7. Orders
7.1 You can place an Order by following the instructions on the Website. If you place a single order for multiple Marketplace Goods which are sold by multiple Marketplace Partners you will be treated as having placed a separate order with each Marketplace Partner in respect of the relevant Marketplace Goods being sold by them (including in respect of all Delivery Charges), and the term “Order” as used in these Terms and Conditions will be interpreted accordingly.
7.2 An Order submitted by you is an offer by you to purchase the Marketplace Goods for the price plus the Delivery Charge as shown at the time of submission of your Order. The Marketplace Partner may accept or reject your offer (in respect of Marketplace Goods to be supplied by it) in its absolute discretion. In particular, but without limitation, the Marketplace Partner may reject Orders for commercial quantities of Marketplace Goods.
7.3 Each Order that you place will, if accepted, be a separate agreement between you and the Marketplace Partner with respect to the supply of the relevant Marketplace Goods, in accordance with these Terms and Conditions.
7.4 If you place an Order for someone else to receive the Marketplace Goods you must obtain their consent before providing JB Hi-Fi and the Marketplace Partner with their personal information and, by placing an Order, you confirm to JB Hi-Fi and the relevant Marketplace Partner that you have done this.
7.5 Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to JB Hi-Fi and the relevant Marketplace Partner that you are above the minimum age, where you Order products that are restricted to persons over a certain age. When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
7.6 Please ensure that you enter all information carefully when placing an Order. You warrant to JB Hi-Fi and the relevant Marketplace Partner(s) that all information provided by you in relation to each Order is complete, true and accurate.
7.7 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted. The Marketplace Partner will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
7.8 Where you have separate Orders for Marketplace Goods (noting the explanation in clause 7.1), the Marketplace Goods sold by each Marketplace Partner will be delivered separately and a separate Delivery Charge will apply to each Order.
7.9 Marketplace Partners cannot consolidate separate Orders into one delivery.
7.10 Where you order two or more items in one Order from the same Marketplace Partner, all Marketplace Goods for which your Order is accepted at the same time by that Marketplace Partner will be dispatched together where practicable. However, in some cases Marketplace Goods may be dispatched separately, for example: where the Marketplace Goods are being dispatched from different locations; where the Marketplace Goods are of different types; or where the Marketplace Goods have different availability statuses. However, you will only have to pay one Delivery Charge for the items in that Order. Please note that a Delivery Charge is calculated based on several factors including the Marketplace Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.
7.11 Where you place a single order for multiple Marketplace Goods sold by multiple Marketplace Partners, the Marketplace Goods within that consolidated order will be dispatched separately by each Marketplace Partner and at different times. As set out in clause 7.1, in this case you will have to pay a separate Delivery Fee for each Marketplace Partner.
7.12 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed due to issues with the Website beyond the reasonable control of JB Hi-Fi or your Marketplace Partner.
7.13 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
8. After you have submitted an order/payment
8.1 When you submit an Order you will receive an Order reference number via e-mail.
8.2 Payment for your Order will be processed when, or shortly after, you place your Order. Your Order is deemed to be accepted by the relevant Marketplace Partner when payment is processed. The Marketplace Partner or JB Hi-Fi (in our capacity as the operator of the Website) may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that a Marketplace Partner or JB Hi-Fi (in our capacity as the operator of the Website) cancels your Order after payment has been processed, the Marketplace Partner will refund the corresponding payment amount in accordance with Section 13.
8.3 When a Marketplace Partner accepts an Order it represents an agreement by that Marketplace Partner to supply the Marketplace Goods to you in accordance with your Order, subject to receiving payment from you and subject to these Terms and Conditions.
8.4 You must pay for Marketplace Goods by credit card, certain prepaid payment cards, PayPal account or JB Hi-Fi Gift Card. Additionally, you may pay for Marketplace Goods using:
(a) Afterpay (subject to Afterpay’s Terms of Service) or ZipPay (subject to the Zip Pay Terms & Conditions), provided that the amount you are paying per transaction on the Website (excluding delivery charges) is not less than $20 and not more than $3,000; or
(b) an interest free plan available on the 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 per transaction on the Website (excluding delivery charges) is $300 or more.
Please note that: (i) the above dollar amount thresholds apply in respect of each transaction on the Website, taking account of all goods and services purchased as part of that transaction; and (ii) you may not use these additional payment methods to pay for any JB Hi-Fi Gift Cards or third-party gift cards/vouchers.
8.5 You must not pay, or attempt to pay, for Marketplace 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, the Marketplace Partner (or JB Hi-Fi, as the operator of the Website) 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 authorise the Marketplace Partner or JB Hi-Fi (as operator of the Website) to deduct the price and the applicable Delivery Charge(s) from such card or payment methods.
8.6 JB Hi-Fi 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).
8.7 A Marketplace Partner (or JB Hi-Fi, as operator of the Website) may not be able to, or may decline to, accept payment from you for Marketplace Goods by your nominated payment method:
(a) where our or the Marketplace Partner’s 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 the Marketplace Partner (or JB Hi-Fi, as operator of the Website) believes, acting reasonably and in good faith, that this is necessary to protect you, the Marketplace Partner or JB Hi-Fi (as operator of the Website) from fraud or loss.
Where this is the case, the Marketplace Partner or JB Hi-Fi (as operator of the Website) reserves the right to cancel your Order and/or place your Order on hold and request that you provide additional information (for example, proof of identity documents) or arrange payment by another method.
8.8 When you submit an Order, the Marketplace Partner or JB Hi-Fi (as operator of the Website) may complete a pre-authorisation of the full value of the Order. A pre-authorisation 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 cancelled. If an Order is cancelled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation 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.
8.9 Marketplace Goods that you have ordered will not be dispatched to you until your payment for the Marketplace Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
8.10 JB Hi-Fi, as operator of the Website, will process payments for Marketplace Goods on behalf of the relevant Marketplace Partner selling those Marketplace Goods.
9. Cancellation of Orders
9.1 The Marketplace Partner or JB Hi-Fi (as operator of the Website) reserves the right to cancel, at any time before delivery (in full or in part), an Order that has previously been accepted where:
(a) the Marketplace Partner, acting in good faith, is unable to obtain sufficient quantities of stock to fulfil your Order within a reasonable time;
(b) an event beyond the Marketplace Partner’s or JB Hi-Fi’s (as operator of the Website) 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 the Marketplace Partner is unable to supply the Marketplace Goods within a reasonable time;
(c) Marketplace Goods ordered were subject to an accidental error on the Website, for example, in relation to a description, price, reward or image;
(d) JB Hi-Fi (as the operator of the Website) considers, acting reasonably, that: (i) the relevant Marketplace Goods are unsafe or not legally compliant; (ii) the relevant Marketplace Goods or the listing on the JB Hi-Fi Marketplace do not comply with any other requirements set by JB Hi-Fi for goods or services (or listings) on the JB Hi-Fi Marketplace; or (iii) the relevant Marketplace Partner has not complied with requirements set by JB Hi-Fi for sellers operating on the JB Hi-Fi Marketplace;
(e) you ask the Marketplace Partner to cancel your Order in accordance with clause 7.7; or
(f) in the circumstances set out in clause 8.7.
9.2 You may cancel your Order where the Marketplace Partner:
(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 Marketplace Goods.
9.3 Where the Marketplace Partner or JB Hi-Fi (as operator of the Website) cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
9.4 In the event of the Marketplace Partner, JB Hi-Fi (as operator of the Website) or you cancelling your Order after payment has been processed, the Marketplace Partner will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.
10. Availability of Marketplace Goods/Refurbished stock
10.1 As each Marketplace Partner is dependent upon its suppliers to provide stock, Marketplace Partners cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Marketplace Goods may be out of stock or unavailable. Each Marketplace Partner reserves the right to withdraw or suspend from sale any Marketplace 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 the Marketplace Partner is unable to fulfil your Order, you will be notified as soon as possible.
10.2 Marketplace Goods that are shown on the Website as “Refurbished Stock” (or any other similar designation) are Marketplace 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 such stock is in good working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.
11. Delivery
11.1 When you place an Order for Marketplace Goods to be delivered, you will be required to select one of the available Delivery Options for your Order (“Selected Delivery Option”). Available Delivery Options are determined by the Marketplace Partner. An estimated delivery time will be listed for your Selected Delivery Option. Your Marketplace Partner will use reasonable endeavours to deliver the Marketplace Goods in your Order by the estimated delivery time for the Selected Delivery Option. If Marketplace Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Marketplace 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.
11.2 Delivery of your Marketplace Goods will be in accordance with and subject to the delivery terms and conditions of the relevant Marketplace Partner, which form part of these Terms and Conditions. Each Marketplace Partner’s delivery terms and conditions can be found under the heading ‘Shipping’ on that Marketplace Partner’s ‘seller page’. View all Marketplace Partners’ seller pages. If there is any inconsistency between these Terms and Conditions and a Marketplace Partner’s delivery terms and conditions then these Terms and Conditions will prevail.
11.3 Risk and title in Marketplace Goods passes from the relevant Marketplace Partner to you at the time of delivery of the Marketplace Goods to the delivery address provided in your Order.
11.4 Marketplace Goods will generally only be delivered to addresses within Australia. Marketplace Partners are unable to deliver to certain parts of Australia and where this is the case you will not be able to submit your Order.
11.5 Following dispatch of your Marketplace Goods, the Marketplace Partner or JB Hi-Fi (as operator of the Website and acting on behalf of the Marketplace Partner) will email you with confirmation of dispatch and an invoice for your Order.
12. Delay in availability or delivery of Marketplace Goods
12.1 You agree and acknowledge that:
(a) Marketplace Partners do not, and JB Hi-Fi (as operator of the Website) does not, guarantee the dispatch or delivery or availability of Marketplace Goods within the timeframes set out in Section 11 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order, or any other timeframes otherwise specified by your Marketplace Partner or any of its staff;
(b) stock availability and events outside Marketplace Partners’ control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your Marketplace Goods from being delivered; and
(c) delays are particularly likely to occur during busy sale periods such as those around Black Friday, Christmas, Easter and public holidays.
13. Refunds of your money
13.1 Where a Marketplace Partner is obliged to refund your payment pursuant to these Terms and Conditions, that Marketplace Partner will generally initiate your refund to your original payment method(s) within 2 business days (Monday – Friday 9 am to 5 pm Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. Please note that where Marketplace Goods have been purchased using a JB Hi-Fi gift card, the applicable refund will be processed back onto the JB Hi-Fi gift card. Please note that if a Marketplace Partner is obliged to provide you a partial refund of your payment for specific Marketplace Goods in your Order and you are also entitled to a refund of the Delivery Charge, the Marketplace Partner will only refund the component of the Delivery Charge relating to the Marketplace Goods which are subject to the refund.
13.2 You acknowledge that JB Hi-Fi may provide any refund you are entitled to receive from a Marketplace Partner on behalf of that Marketplace Partner, but that JB Hi-Fi does not guarantee any Marketplace Partner’s payment obligations or obligation to provide a refund.
14. Faulty, damaged or incorrect goods
14.1 You should check your Marketplace Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty.
14.2 Please see Section 3 for information about your statutory rights in relation to Marketplace Goods. If you have a problem with any Marketplace Goods or otherwise wish to return them, please submit a request on our website so we can put you in touch with the relevant Marketplace Partner, who will be responsible for assisting you. If you are not happy with the response you get from that Marketplace Partner (or if you have any other concerns about a Marketplace Partner’s conduct) please let us know by submitting another request on our website and providing any relevant information.
14.3 When returning Marketplace Goods (except under the change of mind policy discussed in Section 15):
(a) please provide your Marketplace Partner with your proof of purchase; and
(b) it is a requirement for the fulfilment of refunds, exchanges and replacements that you use best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
You are also encouraged to use the original packaging where possible in order to avoid damage in transit.
14.4 You may not be entitled to a refund or exchange just because packaging is damaged in transit. The packaging exists to protect the Marketplace Goods themselves.
15. Change of Mind Returns
15.1 Many Marketplace Goods which are products (as opposed to services) are subject to a 30-day change of mind returns policy (the “30-day Change of Mind Returns Policy”). See our Refunds & Warranties guide for a list of products or product types which are excluded from the 30-day Change of Mind Returns Policy, as well as more information on how you can return an eligible product under any applicable change of mind returns policy.
15.2 All Marketplace Partners must, at a minimum, honour the 30-day Change of Mind Returns Policy. In some cases, Marketplace Partners may also apply a separate change of mind returns policy, in respect of certain types of Marketplace Goods they sell, that is more generous than the 30-day Change of Mind Returns Policy (a “Marketplace Partner Change of Mind Returns Policy”). You can check whether a Marketplace Partner offers a separate Marketplace Partner Change of Mind Returns Policy within their ‘seller page’ on our Website, under the heading ‘Returns & Refunds’. View all Marketplace Partners seller pages
15.3 If you return a Marketplace Good under the 30-day Change of Mind Returns Policy (or under any more generous Marketplace Partner Change of Mind Returns Policy in effect when you placed the Order):
(a) you are eligible to receive a refund of the purchase price from the Marketplace Partner, provided the Marketplace Good is unused and unopened, with packaging in good condition;
(b) subject to anything to the contrary set out in any relevant Marketplace Partner Change of Mind Returns Policy, you are not eligible to receive a refund for any Delivery Charges, and you are responsible for the cost of returning that Marketplace Good to the relevant Marketplace Partner.
15.4 When returning Marketplace Goods under the 30-day Change of Mind Returns Policy or any applicable Marketplace Partner Change of Mind Returns Policy:
(a) please provide your Marketplace Partner with your proof of purchase; and
(b) you must also return any products, vouchers, coupons or other promotional items included with the original purchase.
You are also encouraged to use the original packaging where possible in order to avoid damage in transit.
16. Privacy and Marketing
16.1 JB Hi-Fi’s policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions. You should read the JB Hi-Fi Privacy Policy before providing any personal information to JB Hi-Fi. By providing the personal information requested, you agree to these policies.
16.2 Please note that when you create an Account on the Website, you agree to subscribe to JB Hi-Fi’s marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUB” or “REMOVE” to the mobile number in the SMS you receive. Otherwise, you may opt-out of receiving marketing communications from JB Hi-Fi by sending a written request to The Privacy Officer, JB Hi-Fi Group Pty Ltd, either by email to privacy@jbhifi.com.au or by pre-paid post to PO Box 5190, South Melbourne VIC 3006.
16.3 To the fullest extent permitted by law JB Hi-Fi will not be liable for losses or claims arising out of or in connection with any Marketplace Partner’s acts or omissions in relation to the collection, use and disclosure of customers’ personal information, except to the extent those losses or claims are caused by JB Hi-Fi’s negligence, JB Hi-Fi’s breach of these Terms and Conditions or as otherwise required by law.
17. Additional Terms and Conditions
17.1 Your use of the Website is governed by the Website Terms of Use.
18. General
18.1 JB Hi-Fi 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.
18.2 Any provision in these Terms and Conditions 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 these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
18.3 These Terms and Conditions are governed by the laws of Victoria, Australia.
Version 1
29 July 2024