Last updated on 22 September 2020
VEHICLE ACCESSORIES GROUP PTY LTD
t/as Auto Suppliers
ABN 72 615 735 807
Terms and Conditions for Buying Products and Just Browsing
Welcome to Vehicle Accessories Group.
In these terms, we also refer to VEHICLE ACCESSORIES GROUP PTY LTD t/as Vehicle Accessories as “Vehicle Accessories”, “we, “our” or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://www.vehicle-accessories.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
PART A: Terms for when you buy Products (applies when you buy)
PART B: Terms for when you browse and interact with this Website (applies when you browse)
PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms of Part A accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
FOR WHEN YOU BUY PRODUCTS…
(a) To purchase Products on theWebsite, you will be required to sign-up, register and receive an accountthrough the Website (an Account).
(b) As part of the Accountregistration process and as part of your continued use of the Website, you arerequired to provide personal information and details, such as your emailaddress, first and last name, preferred username, a secure password, billing,postal and physical addresses, mobile phone number, bank account information,and other information as determined by us from time to time.
(c) You warrant that anyinformation you give to us in the course of completing the Account registrationprocess will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Accountregistration process, we may, in our absolute discretion, choose to accept youas a registered user of the Website and provide you with an Account.
(e) We may, in our absolutediscretion, suspend or cancel your Account for any reason, including for anyfailure to comply with this agreement.
2. SUBMITTING AN ORDER
(a) Bysubmitting an order for purchase of a Product using the Website\'s functionality(Order) you represent and warrantthat:
(i) youhave the legal capacity and are of sufficient age to enter into a binding contractwith us; and
(ii) youare authorised to use the debit or credit card you provide with your Order.
(b) Submittingan Order constitutes your intention and offer to enter into Part A of theseterms (including Part C which you agreed to by using this Website) where wewill provide you with the Products you have ordered in exchange for yourpayment of the total amount listed upon checkout.
(c) PartA of these terms is not agreed between you and us until we have approved yourpayment and you receive an email from us confirming that your order is beingprocessed.
(a) Wewill endeavour to ensure that the Products provided will be substantially thesame as the Products displayed on our Website, or as otherwise agreed with youin writing prior to you placing your Order. Please note that due to screendisplay, colour and brightness, and image quality, Products may not exactlymatch the image on our Website.
(b) Untilthe price of your Products is paid in full, title in those Products is retainedby us. Risk in the Products will pass to you on delivery in accordance withclause 4. Delivery must not be refused by you.
Where you use the ‘Vehicle Selector’ tool on our Website tochoose a Product, you acknowledge and agree:
(a) youare solely responsible for inputting the data requested by the Vehicle Selectortool and ensuring that such data is accurate;
(b) wewill not be liable to you for any mistakes you make in inputting data into theVehicle Selector and reserve the right to not offer you a refund or replacement,if you purchase the incorrect Product as a result of inputting incorrect datainto the Vehicle Selector; and
(c) we donot guarantee that the Vehicle Selector will be free from errors or defects oravailable at all times and to the maximum extent permitted by law will not beliable to you for any technical errors or defects the Vehicle Selector tool mayexperience or the unavailability of the Vehicle Selector tool.
(a) Allprices are:
(i) perunit (except where indicated);
(ii) inAustralian Dollars; and
(iii) subjectto change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwiseagreed in writing, you must pay for all Products at the time of placing anOrder.
(c) (GST) Unless otherwise indicated,amounts stated on the Website do not include GST. In relation to any GSTpayable for a taxable supply by Vehicle Accessories Group, you must pay the GSTsubject to Vehicle Accessories Group providing a tax invoice.
(d) (Card surcharges) Vehicle AccessoriesGroup reserves the right to charge credit card surcharges in the event thatpayments are made using a credit, debit or charge card (including Visa,MasterCard or American Express).
(e) (Online payment partner) We may usethird-party payment providers, such as eWAY and Zip Co, (Payment Providers) to collect payments for Products. The processingof payments by the Payment Provider will be, in addition to these terms,subject to the terms, conditions and privacy policies of the Payment Providerand we are not liable for the security or performance of the PaymentProvider. We reserve the right tocorrect, or to instruct our Payment Provider to correct, any errors or mistakesin collecting your payment.
(f) (Pricing errors) In the event that wediscover an error or inaccuracy in the price at which your order was purchased(including shipping prices), we will attempt to contact you and inform you ofthis as soon as possible. You will then have the option of purchasing yourorder at the correct price, or cancelling your order. If you choose to cancel yourorder and payment has already been debited, the full amount will be creditedback to your original method of payment.
(a) (Delivery Costs) Subject to clause 5(b), delivery costs will be added to the cart upon checkout.Unless specified otherwise, the prices displayed at checkout are inclusive of delivery to the address chosen by you.
(b) (Additional Delivery Costs) If we need to calculate the applicable delivery costs after receiving your Order, the delivery costs will not appear at the checkout and we will contact you as soon as possible to confirm the applicable delivery costs. Please Note: That additional shipping charges may apply or vary depending on the time of booking, if your order exceeds standard dimensions, and/or if your shipping address falls within a remote area. Rest assured we will inform you as soon as stocks arrive for packaging.
(c) (Delivery Details) Vehicle AccessoriesGroup may charge you for delivery at any time (notwithstanding that it may nothave previously done so). Where prices are stated as inclusive of delivery:
(i) deliveryis to the delivery point specifically accepted by Vehicle Accessories Group;and
(ii) wewill deliver the Products to you in accordance with the shipping informationdisplayed on our Website.
(d) (Delivery Issues and Delays) Third partycourier terms apply to the delivery of the Products to you. Any problems withdelivery should be directed to us to troubleshoot the issue. We will endeavourto assist you to ensure your delivery arrives. All delivery times provided toyou are estimates only and are subject to postal delays, Product availabilityand reasons beyond our control. We do not warrant or make any representationthat your order will be delivered within the times indicated. We will not beliable for any loss or damage suffered as a result of or in connection withlate deliveries.
(e) (DeliveryInsurance) If you purchase an insurance policy from a third party courieron our Website, that purchase will constitute a contract between you and therelevant delivery or insurance provider (as the case may be) and we will not bea party to that contract. We do not guarantee the validity of any insurancepolicy you purchase via our Website and will not be liable to you in connectionwith such an insurance policy.
(f) (International Orders) VehicleAccessories Group reserves the right to refuse international orders. Approvedinternational orders may be subject to customs and import duties upon reachingits country of destination. You will be responsible for paying all customs andimport duties and acknowledge that failure to pay may result in your orderbeing held at customs. We will not be liable for any costs you may incur inhaving your order released from customs, including reimbursing you for anycustoms or import duties you may pay.
6.1 CANCELLATIONBY US
Wereserve the right to cancel your order for any reason, and will notify you ofthis as soon as possible. Where payment has already been debited, the fullamount will be credited back to your original method of payment.
6.2 CANCELLATIONBY YOU
Youmay cancel your Order up to the time that we confirm your Order in writing toyou. Once we confirm your Order, your Order is binding and cannot be changed byyou. However, our refunds and exchanges process in clause 6.4 may apply.
6.3 MADETO ORDER PRODUCTS
Ifyour Order includes a made-to-order or customised Product, we do not offerchange of mind refunds or returns. If you wish to cancel an Order for amade-to-order Product, we will not provide you a refund and the cancellationfees as set out on our website, or otherwise communicated to you by us, willapply. However, our refunds and exchanges process in clause 6.4 will apply, if you believe that any made-to order productyou received is faulty.
(a) Wegenerally do not offer change of mind returns. If you request a change of mindreturn and we accept it, we will charge you a reasonable re-stocking fee inrelation to such return.
(b) Wewill provide a full refund of the price paid for a Product if we determinethat:
(i) aProduct you have ordered was not received by you solely due to failure by us;
(ii) aProducts provided to you was not substantially the same as the Product youordered as displayed on our Website (subject to reasonable variation as aresult of screen display, colour and brightness, and image quality); or
(iii) aProduct is faulty, in accordance with clause 6.4(c).
(i) Ifyou believe your Product is faulty, please contact us using the detailsprovided on our Website with a full description of the fault (includingimages).
(ii) If wedetermine that your Product may be faulty, we will request that you send theProduct back to us at your cost for further inspection, including anyaccessories, manuals, documentation or registration shipped with the Product.We reserve the right to further inspection before deeming a Product faulty.
(iii) If wedetermine in our reasonable opinion that the Product is not faulty, or isfaulty due to fair wear and tear, misuse, failure to use in accordance with themanufacturer\'s instructions, or failure to take reasonable care, we will refuseyour return and send the Product back to you at your cost.
(iv) If wedetermine that the Product is faulty, you will be credited the full amount paid(including shipping costs) and you may request a refund, exchange or storecredit. All refunds will be credited back to your original method of payment,subject to any merchant or bank processing delays.
(v) Ifyou fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolutediscretion, issue only a partial refund or no refund in respect of the faultyProduct.
(vi) Nothingin this clause 6 is intended to limit or otherwise affect the operation ofany manufacturers\' warranties which you may be entitled to or any of yourrights which cannot be excluded under applicable law.
(d) (eBayand Amazon) If you purchase our Products via eBay or Amazon, then to theextent of any inconsistency between eBay’s or Amazon’s returns and exchangespolicy and these terms, returns and exchanges policies of eBay or Amazon willprevail.
7. INTELLECTUAL PROPERTY
(a) VehicleAccessories Group retains all intellectual property rights in the design of theProducts, including the labelling and packaging, or those rights are owned by athird party. You must not attempt to copy, reproduce, manufacture or otherwisecommercialise the Products.
(b) Inthis clause, "intellectual propertyrights" means all copyright, trade mark, design, patent, semiconductorand circuit layout rights, trade, business, company and domain names,confidential and other proprietary rights, and any other rights to registrationof such rights whether created before or after the date of these terms both inAustralia and throughout the world.
8. RATINGS AND REVIEWS
(a) The Website or other platformswe sell our Products on may allow you to leave ratings or reviews regarding therelevant Products or your experience with us (each a ‘Review’).
(b) You must provide true, fair andaccurate information in your Reviews.
(c) If we consider that a Review isuntrue, unfair, inaccurate, offensive or inappropriate, we may delete theReview or ban you from using the Website, or submitting future Reviews. We donot undertake to review each Review made by a customer.
(d) To the maximum extent permittedby law, we are not responsible for the content of any Reviews.
(e) You must only write about yourown service experience or the Products you purchased. You are not permitted towrite a Review about somebody else’s service experience, such as that of afamily member or friend.
9. THIRD PARTY PLATFORM
(a) Ifyou buy our Products via a third party platform, such as eBay or Amazon, theterms and conditions of that third party may apply to your purchase of theProducts to the extent applicable to you.
(b) Tothe maximum extent permitted under applicable law and our agreement with ourthird party platform provider, we will not be liable for any acts or omissionsof that third party, including in relation to any fault or error of the thirdparty platform or any issues experienced in placing Orders.
10. THIRD PARTY SUPPLIERS
(a) Wemay do any of the following:
(i) outsourceany part of performing any services related to providing the Products,including delivery of your Products; or
(ii) procurematerials and Products from third party suppliers;
withoutfurther notice to or permission from you.
(b) Tothe maximum extent permitted under applicable law, we will not be liable forany acts or omissions of those third parties, including where such thirdparties cause delay or damage to any part of your Order, or are negligent inproviding services or goods.
FOR WHEN YOU BROWSE THIS WEBSITE…
Youmust only use the Website in accordance with these terms and any applicablelaws, and must ensure that your employees, sub-contractors and any other agentswho use or access the Website comply with these terms and any applicable laws.
(a) copy,mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompileany part or aspect of the Website without our express consent;
(b) usethe Website for any purpose other than the purposes of browsing, selecting orpurchasing Products;
(c) use,or attempt to use, the Website in a manner that is illegal or fraudulent orfacilitates illegal or fraudulent activity;
(d) use,or attempt to use, the Website in a manner that may interfere with, disrupt orcreate undue burden on the Website or the servers or networks that host theWebsite;
(e) usethe Website with the assistance of any automated scripting tool or software;
(f) actin a way that may diminish or adversely impact the reputation of VehicleAccessories Group, including by linking to the Website on any other website;and
(g) attemptto breach the security of the Website, or otherwise interfere with the normalfunctions of the Website, including by:
(i) gainingunauthorised access to Website accounts or data;
(ii) scanning,probing or testing the Website for security vulnerabilities;
(iii) overloading,flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigateor participate in a denial-of-service attack against the Website.
(a) Whilewe make every effort to ensure that the information on the Website is asup-to-date and accurate as possible, you acknowledge and agree that we do not(to the maximum extent permitted by law) guarantee that:
(i) theWebsite will be free from errors or defects (or both, as the case may be);
(ii) theWebsite will be accessible at all times;
(iii) messagessent through the Website will be delivered promptly, or delivered at all;
(iv) informationyou receive or supply through the Website will be secure or confidential; and
(v) anyinformation provided through the Website is accurate or true.
(b) Wereserve the right to change any information or functionality on the Website byupdating the Website at any time without notice, including product descriptions,prices and other Website Content.
(a) Weretain ownership of the Website and all materials on the Website (includingtext, graphics, logos, design, icons, images, sound and video recordings,pricing, downloads and software) (WebsiteContent) and reserve all rights inany intellectual property rights owned or licensed by it not expressly grantedto you.
(b) Youmay make a temporary electronic copy of all or part of the Website for the solepurpose of viewing it. You must not otherwise reproduce, transmit, adapt,distribute, sell, modify or publish the Website or any Website Content withoutprior written consent from us or as permitted by law.
(c) Inthis clause, "intellectual propertyrights" means all copyright, trade mark, design, patent, semiconductorand circuit layout rights, trade, business, company and domain names,confidential and other proprietary rights, and any other rights to registrationof such rights whether created before or after the date of these terms both inAustralia and throughout the world.
(b) TheCustomer agrees to any Third Party Terms applicable to any third party goodsand services, and Vehicle Accessories Group will not be liable for any loss ordamage suffered by the Customer in connection with such Third Party Terms.
(a) TheWebsite may contain links to other websites that are not our responsibility. Wehave no control over the content of any linked websites, and we are notresponsible for that content.
(b) Inclusionof any linked website on the Website does not imply our approval or endorsementof the linked website.
VehicleAccessories Group does not accept responsibility for loss or damage to computersystems, mobile phones or other electronic devices arising in connection withuse of the Website. You should take your own precautions to ensure that theprocess that you employ for accessing the Website does not expose you to riskof viruses, malicious computer code or other forms of interference.
Ifyou become aware of misuse of the Website by any person, any errors in thematerial on the Website or any difficulty in accessing or using the Website,please contact us immediately using the contact details or form provided on ourWebsite.
LIABILITY AND OTHER LEGAL TERMS…
(a) Tothe maximum extent permitted by applicable law, Vehicle Accessories Grouplimits all liability to any person for loss or damage of any kind, howeverarising whether in contract, tort (including negligence), statute, equity,indemnity or otherwise, arising from or relating in any way to this Website,these terms or any Products or services provided by Vehicle Accessories Groupto $100 AUD.
(b) Claimsfor loss of or damage to Products in transit must be made against the carrier.
(c) Productssold by Vehicle Accessories Group, will have only the benefit of any warrantygiven, and insurance held, by the manufacturer.
(d) Allother express or implied representations and warranties in relation to Productsand the associated services performed by Vehicle Accessories Group are, to themaximum extent permitted by applicable law, excluded.
(a) Nothingin this agreement is intended to limit the operation of the Australian ConsumerLaw contained in the Competition andConsumer Act 2010 (Cth) (ACL).Under the ACL, you may be entitled to certain remedies (like a refund,replacement or repair) if there is a failure with the goods or services weprovide.
(b) (Indemnity) You indemnify VehicleAccessories Group and its employees and agents in respect of all liability forloss, damage or injury which is or may be suffered by any person arising fromyour or your representatives\':
(i) breachof any of these terms;
(ii) useof the Website; or
(iii) useof any goods or services provided by Vehicle Accessories Group.
(c) (Consequential loss) To the maximumextent permitted by law, under no circumstances will Vehicle Accessories Groupbe liable for any incidental, special or consequential loss or damages, ordamages for loss of data, business or business opportunity, goodwill,anticipated savings, profits or revenue arising under or in connection withthis Website, these terms or any Products or services provided by VehicleAccessories Group (except to the extent this liability cannot be excluded underthe Competition and Consumer Act 2010 (Cth)).
20. FORCE MAJEURE
(d) If a party (Affected Party) becomes unable, whollyor in part, to carry out an obligation under this agreement (other than anobligation to pay money) due to a Force Majeure Event, the Affected Party mustgive to the other party prompt written notice of:
(i) reasonable details of the ForceMajeure Event; and
(ii) so far as is known, theprobable extent to which the Affected Party will be unable to perform or bedelayed in performing its obligation.
(e) Subject to compliance withclause 1.1(d) therelevant obligation will be suspended during the Force Majeure Event to theextent that it is affected by the Force Majeure Event.
(f) The Affected Party must use itsbest endeavours to overcome or remove the Force Majeure Event as quickly aspossible.
(g) For the purposes of thisagreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike,meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrialaction outside of the control of the Affected Party;
(iii) war, terrorism, sabotage,blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic;or
(iv) any decision of a governmentauthority in relation to COVID-19, or any threat of COVID-19 beyond thereasonable control of the Affected Party, to the extent it affects the AffectedParty’s ability to perform its obligations.
21.1 GOVERNINGLAW AND JURISDICTION
This agreement is governed by the law applying in New SouthWales. Each party irrevocably submits to the exclusive jurisdiction of thecourts of New South Wales and courts of appeal from them in respect of anyproceedings arising out of or in connection with these terms. Each partyirrevocably waives any objection to the venue of any legal process on the basisthat the process has been brought in an inconvenient forum.
Noparty to these terms may rely on the words or conduct of any other party as awaiver of any right unless the waiver is in writing and signed by the partygranting the waiver.
Anyterm of these terms which is wholly or partially void or unenforceable issevered to the extent that it is void or unenforceable. The validity andenforceability of the remainder of these terms is not limited or otherwiseaffected.
21.4 JOINTAND SEVERAL LIABILITY
Anobligation or a liability assumed by, or a right conferred on, two or morepersons binds or benefits them jointly and severally.
Aparty cannot assign, novate or otherwise transfer any of its rights orobligations under these terms without the prior written consent of the otherparty.
Exceptas otherwise provided in these terms, each party must pay its own costs andexpenses in connection with negotiating, preparing, executing and performingthese terms.
Thisagreement embodies the entire agreement between the parties and supersedes anyprior negotiation, conduct, arrangement, understanding or agreement, express orimplied, in relation to the subject matter of these terms.
(h) (singular and plural) words in thesingular includes the plural (and vice versa);
(i) (currency) a reference to $; or"dollar" is to Australian currency;
(j) (gender) words indicating a genderincludes the corresponding words of any other gender;
(k) (defined terms) if a word or phrase isgiven a defined meaning, any other part of speech or grammatical form of thatword or phrase has a corresponding meaning;
(l) (person) a reference to"person" or "you" includes an individual, the estate of anindividual, a corporation, an authority, an association, consortium or jointventure (whether incorporated or unincorporated), a partnership, a trust andany other entity;
(m) (party) a reference to a party includesthat party\'s executors, administrators, successors and permitted assigns,including persons taking by way of novation and, in the case of a trustee,includes any substituted or additional trustee;
(n) (these terms) a reference to a party,clause, paragraph, schedule, exhibit, attachment or annexure is a reference toa party, clause, paragraph, schedule, exhibit, attachment or annexure to or ofthese terms, and a reference to these terms includes all schedules, exhibits,attachments and annexures to it;
(o) (document) a reference to a document(including these terms) is to that document as varied, novated, ratified orreplaced from time to time;
(p) (headings) headings and words in boldtype are for convenience only and do not affect interpretation;
(q) (includes) the word "includes"and similar words in any form is not a word of limitation; and
(r) Anotice or other communication to a party under this agreement must be:
(i) inwriting and in English; and
(ii) deliveredvia email to the other party, to the email address specified in this agreement,or if no email address is specified in this agreement, then the email addressmost regularly used by the parties to correspond regarding the subject matterof this agreement as at the date of this agreement (Email Address). The parties may update their Email Address bynotice to the other party.
(s) Unlessthe party sending the notice knows or reasonably ought to suspect that an emailwas not delivered to the other party\'s Email Address, notice will be taken tobe given:
(i) 24hours after the email was sent; or
(ii) whenreplied to by the other party, whichever is earlier.