Terms and Conditions

Terms and Conditions for Tone Alchemy

Welcome to Tone Alchemy! These Terms and Conditions (the “Terms”) govern your use of the tonealchemy.com website (the “Website”) and the purchase of any products or services from Tone Alchemy (“we,” “us,” or “our”). By accessing or using our Website and purchasing our products or services, you agree to be bound by these Terms, our Privacy Policy, and our Shipping & Returns Policy.

Please read these Terms carefully before proceeding. If you do not agree with any part of these Terms, you must not use our Website or purchase our products or services.

1. General Information

Tone Alchemy is operated by Tone Alchemy, based in Queensland, Australia.

2. Services Offered

Tone Alchemy offers:

  • Sound Design for Game Audio: Bespoke sound design services for video games, including but not limited to, creation of sound effects, Foley, ambient sounds, voice processing, and audio implementation guidance.
  • Boutique Handmade Guitar Effects: The sale of physical, handmade guitar effects pedals and related accessories.

3. Acceptance of Terms

By placing an order for products or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms.

4. Pricing and Payment

  • Currency: All prices displayed on the Website are in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable, unless otherwise stated.
  • Product Pricing: Prices for our guitar effects pedals are as displayed on the product pages. We reserve the right to change prices at any time without prior notice, but price changes will not affect orders already confirmed.
  • Sound Design Service Quotes: For sound design services, we will provide a detailed quote based on your project requirements. This quote will outline the scope of work, estimated timeline, and payment schedule. Quotes are valid for [e.g., 30 days] from the date of issue.
  • Payment Methods: We accept payment via [list accepted payment methods, e.g., Visa, MasterCard, PayPal, bank transfer]. Payment must be received in full before products are dispatched or, for services, according to the agreed payment schedule outlined in your quote.
  • Payment Security: We use secure payment gateways to process all transactions. We do not store your credit card details.

5. Orders and Fulfilment (Guitar Effects)

  • Order Confirmation: Upon placing an order for a guitar effect, you will receive an email confirmation. This email confirms receipt of your order and does not constitute acceptance of your order. A contract for the sale of goods will only be formed when we dispatch the product to you.
  • Availability: All products are subject to availability. As our pedals are handmade, there may be limitations on stock. If a product you ordered is unavailable, we will notify you as soon as possible and offer an alternative or a full refund.
  • Custom Orders: For any custom guitar effects builds, specific terms, including design approvals, production timelines, and payment milestones, will be agreed upon in a separate custom order agreement.

6. Sound Design Services – Scope and Delivery

  • Project Scope: The scope of work for sound design services will be mutually agreed upon and detailed in a project brief or service agreement. Any changes to the scope of work during the project may result in additional charges and timeline adjustments, subject to your approval.
  • Client Responsibilities: You agree to provide all necessary assets, information, and feedback in a timely manner to facilitate the smooth execution of the sound design project. Delays caused by late provision of materials or feedback may impact project timelines.
  • Delivery: Deliverables for sound design services (e.g., audio files, implementation notes) will be provided in agreed-upon formats and delivered via [e.g., cloud storage, email] upon completion and receipt of final payment.
  • Revisions: The number of revisions included in a sound design project will be specified in your quote. Additional revisions beyond this may incur extra charges.

7. Shipping and Delivery (Physical Goods)

  • Shipping Costs: Shipping costs will be calculated at checkout based on your location and the size/weight of your order.
  • Delivery Times: We aim to dispatch orders within 3-5 business days of receiving payment. Estimated delivery times are 3-8 business days for domestic, 7-21 business days for international but may vary due to unforeseen circumstances or carrier delays. We are not liable for delays outside our reasonable control.
  • Risk of Loss: Risk of loss and title for items purchased from Tone Alchemy pass to you upon our delivery to the carrier.
  • International Shipping: For international orders, please note that you are responsible for any customs duties, taxes, or import fees levied by your country.

8. Australian Consumer Law (ACL) and Consumer Guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits or excludes any guarantees, warranties, or conditions implied by the ACL that cannot be lawfully limited or excluded.

  • Goods: Under the ACL, you are entitled to a replacement or refund for a major failure and for 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.
    • Acceptable Quality: Our guitar effects pedals must be of acceptable quality, fit for their purpose, match their description, and be free from defects.
    • Repair/Replacement: If there is a minor problem with a product, we will choose to repair it or replace it. If there is a major problem, you can choose a replacement.
  • Services: Our sound design services must be provided with due care and skill, fit for any purpose you made known to us, and supplied within a reasonable time (if no specific time was agreed).

9. Returns and Refunds (Physical Goods)

  • Change of Mind: We do not generally offer refunds or exchanges for change of mind. Please choose carefully.
  • Faulty or Not as Described: If a product you receive is faulty, not of acceptable quality, or does not match its description, please contact us immediately at support@tonealchemy.com . We will assess the issue and provide a remedy in accordance with the Australian Consumer Law.
  • Return Process: If a return is required due to a fault, we will provide instructions for returning the item. For major faults or items that are large/heavy, we will cover the return shipping costs. For minor faults, you may be responsible for initial return shipping, which will be reimbursed if the fault is confirmed.

For full details, please refer to our dedicated Shipping & Returns Policy.

10. Intellectual Property

  • Tone Alchemy IP: All content on this Website, including text, graphics, logos, images, audio clips, digital downloads, and our guitar effect pedal designs (including PCB layouts and schematics as drawn by Tone Alchemy), and sound design works created by Tone Alchemy, are the intellectual property of Tone Alchemy or its content suppliers and protected by Australian and international copyright and trademark laws.
  • Client IP for Sound Design: For sound design projects, any materials or intellectual property you provide to us remain your property. Upon full payment for services rendered, ownership of the final sound design assets created specifically for your project will transfer to you, unless otherwise specified in our service agreement. Tone Alchemy may retain the right to use portions of the work for portfolio and promotional purposes, subject to your approval and any agreed confidentiality.
  • Restrictions: You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, our products, or our sound design services without our express written permission.

11. Limitation of Liability

To the maximum extent permitted by Australian law, Tone Alchemy’s liability for any loss or damage (including indirect or consequential loss) arising from your use of the Website, the purchase of our products, or our sound design services, is limited to the amount paid by you for the specific product or service giving rise to the claim. This limitation does not exclude or limit any liability for death or personal injury caused by our negligence, fraud, or any other liability which cannot be excluded or limited by law.

12. Disclaimer

While we strive to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.

13. Privacy

Your use of our Website and any personal information you provide to us is subject to our Privacy Policy, which outlines how we collect, use, store, and disclose your personal information in compliance with Australian privacy laws.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia, and the Commonwealth of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland and the federal courts of Australia for any disputes arising out of or in connection with these Terms.

15. Changes to Terms and Conditions

We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes constitutes acceptance of those changes.

16. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Tone Alchemy at info@tonealchemy.com