WARRANTY AND RETURNS
1. ACCEPTANCE OF TERMS
2. PRODUCT INFORMATION
We endeavor to ensure that Product descriptions and specifications on the Site are accurate. However, Product descriptions and specifications on the site are based on information provided by manufacturers and suppliers, and we do not guarantee that the Site is accurate or free from errors or omissions. We reserve the right to make any necessary corrections.
(a) Products are generally noted on the Site as being available, having limited availability or being out of stock. Products which are out of stock can be added to your wish list, or you can ask us to notify you when the Product becomes available.
(b) While Product availability information is updated at frequent intervals, we sell high volumes of stock and cannot guarantee availability. If your Order contains a Product is not available for immediate dispatch, we will contact you to advise you and give you the option of:
(i) cancelling your Order, or deleting that Product from the Order, in which case we will refund you for the price you paid for the cancelled Product/s, and refund or adjust for any difference in delivery charges (if applicable); or
(ii) placing that Product on back order (if available), in which case we will dispatch the Product to you when it becomes available (generally within 3 business days). You must pay in full for the Product before we will place it on back order. We may however elect to cancel the back order for a Product if the Product becomes unavailable permanently or for an extended period, in which case we will refund you for the price and any delivery charges you paid for the Product, and any refunds will be issued within 5 business days, using the same method as your original payment.
We display images of each Product on the Site, some of which have been provided by manufacturers or suppliers. These images are for illustrative purposes only and do not form part of the description of the Product. The images are not of the actual unit of Product that will be dispatched to you. There may be minor differences in packaging on some Products. Please be aware that colours appear differently on different monitors.
(a) You acknowledge that despite our reasonable precautions, Product/s may be listed at an incorrect price, or with incorrect availability or other information, due to typographical errors or oversight. In such circumstances, we reserve the right to cancel your Order, even if your Order has been paid for and previously accepted by us. We will contact you as soon as possible and immediately issue a full refund for any payment you have made for the cancelled Order. We reserve this right up until we deliver the Product. Refunds will be issued within 5 business days, using the same method as your original payment.
(b) We may run discount offers or sales from time to time, but no additional discounts apply to any Products which are listed as ‘Clearance Items’.
2.5 PLEASE CHECK BEFORE FITTING A PART
(a) We strongly recommend that vehicle parts be fitted by suitably qualified professionals. Many Products are shipped without fitment instructions as they are intended for fitment by qualified professionals.
(b) Laws and regulations differ in various jurisdictions, and we do not warrant that any Product is legal for use in your jurisdiction, or safe for use with your vehicle. You are responsible for ensuring that your use of the Product is appropriate and compatible with your vehicle or other equipment, and complies with all applicable laws and regulations in your jurisdiction.
2.6 WHAT FITS MY VEHICLE?
(a) The Site offers a search tool to assist you in finding compatible products if you specify the make, model, year and specifications of a vehicle. In creating the search tool, we have relied on manufacturer supplied specifications and do not independently verify compatibility. To ensure best results, we strongly recommend that you:
(i) complete as much information on the search tool as possible, as even minor details can be crucial;
(ii) check each Product upon receipt to confirm you have the correct Product for your vehicle and contact us if you have any queries; and
(iii) double check compatibility and all relevant measurements before beginning any mechanical work involving the Product (including preparing or dismantling any part of the vehicle).
(b) If you find you have purchased the wrong Product for your vehicle, please contact us as soon as possible and we will try to identify and source the correct part for you.
(c) We will accept returns of Products within 30 days of purchase, but only if they are returned with all components complete, undamaged and in resalable condition, with proof of purchase, subject to clauses 2.6(d), 2.6(e), 2.6(f) and 7. If you return a Product under this clause, we will (after verifying that the returned Product meets return requirements):
(i) replace the original Product with the correct Product for your vehicle (if available), and adjust for any price difference; or
(ii) give you a full refund if no replacement Product is available, or if you opt for a refund. Refunds will be issued within 5 business days, using the same method as your original payment. However, please note that you may be required to pay an additional amount if the replacement Product is more expensive than the original Product.
(d) If you attempt to return a Product under clause 2.6(c) that is not returned with all components complete, undamaged, in resalable condition and with proof of purchase, you will not be entitled to a refund or replacement. We may refuse to accept the return, and make it available for pickup, or require that you pay for freight costs before we ship the Product back to you. We reserve the right to dispose of the item if you have not either pick up the item or pay for freight costs within 15 business days.
(e) If you purchased an incompatible Product because our search tool matched the wrong Product to your vehicle (it showed a Green “This fits your <vehicle>” indicator next to the product) even though you inputted a correct and complete vehicle details, then we will cover all freight costs for the return of the original Product and shipping of the replacement Product if applicable under clause 2.6(c)(i). This is our Fitment Guarantee.
(f) For all returns, if clause 2.6(d) does not apply (whether or not you used the search tool), you will be liable for all freight costs and a restocking fee of 20%.
(g) Other than as set out in this clause, we are not liable for any costs incurred as a result of Product incompatibility, including mechanic’s fees, cost of additional parts or supplies, or repairs or damage to any vehicle.
3. REGISTERING AS A USER
3.1 SETTING UP A REGISTERED USER ACCOUNT
You may set up a registered user profile at any time, free of charge. Becoming a registered user means that you can access additional functionality on the Site, such as storing your contact details, and details of multiple vehicles, to make it faster to find and purchase parts. By registering as a user, you:
(a) agree to keep your Site login id and password confidential and secure, and not disclose it to anyone;
(b) warrant that your Profile:
(i) is true and submitted in good faith; and
(ii) is your own and not that of another person or business;
(c) if registering on behalf of a company, you represent and warrant that you are authorized to bind that company to these terms;
3.2 MANAGING YOUR REGISTERED USER ACCOUNT
(a) You can manage your account preferences by logging into your account on the Site.
(b) If you subscribe to our mailing list, we may send you information and special offers from our store and affiliates. You can unsubscribe at any time.
3.3 REGISTERED USER ACCOUNT CANCELLATIONS
(a) You may cancel your registered user account at any time for any reason, by emailing us at firstname.lastname@example.org. Please allow up to 4 business days for us to process your deregistration request.
(b) We reserve the right to cancel your registered user account at any time for any reason.
(c) If a registered user account is cancelled for any reason, any personal information associated with that registered user account will be deleted. However, we may retain user data in de-identified form for statistical reporting purposes.
4. YOUR RIGHTS AND OBLIGATIONS
(a) You agree to:
(i) comply with this agreement; and
(iii) use the Site in good faith.
(b) You warrant that the information you have supplied to us is correct and current, and that you are over 18 years of age.
(c) You must complete payment online at the time of ordering.
(d) You must not scrape information from the Site for commercial purposes without our written consent.
5.1 PLACING AN ORDER
(a) The display of any items or promotions on the Site is an advertisement or offer to treat and not an offer. By placing an order (order), you are making an offer to buy subject to this agreement.
(b) Your order is accepted by us when we process your payment, which results in a binding contract between you and us. You will receive e-mails confirming that each Product in your Order has been paid for and dispatched (Confirmation of Payment and Dispatch).
5.2 DELIVERY STANDARDS
(a) All Products are dispatched from our warehouse or from our suppliers (who are generally within Australia), and sent via various carriers.
(b) Orders being delivered to countries other than Australia may be subject to customs regulations or additional taxes such as import duty. We strongly recommend you check local laws carefully before ordering as you may be liable for additional costs or delays.
(c) We will endeavor to dispatch all Orders within one business day where possible, once we have confirmed receipt of payment. However, all dispatch times and delivery times are estimates only. We are not liable for late delivery or miss-delivery caused by factors outside our control.
(d) Items may be delivered to you in more than one shipment where they are fulfilled from different locations or directly from our suppliers.
(e) You may grant us or the courier an ‘authority to leave’ when placing your Order. If you do, you agree that this authority to leave gives the couriers we use permission to leave the Products unattended at the delivery address without obtaining a signature confirming delivery. Delivery is then deemed to be completed, and the Products are at your sole risk. Please note that despite having an authority to leave, our courier may at its discretion decide that it is not safe or appropriate to leave the Products unattended.
(f) We may not be able to deliver to some locations, and some Products are limited in delivery locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
(g) We will not process your Order where:
(i) You have supplied invalid payment or delivery details; or
(ii) Payment is delayed or rejected.
(h) If you supply incorrect payment or delivery details, we:
(i) reserve the right to change or alter an address to the closest matching address on AusPost or Postal databases; or
(ii) may take reasonable steps to contact you using the personal details you have provided.
However, we will not be held responsible for not fulfilling your Order, nor for being unable to advise you that this is the case.
(i) If a Product is returned to us marked ‘Return to Sender’ because you have supplied us with an incorrect address, or you have failed to collect the Product in a timely manner after being provided with a delivery slip, then:
(i) we will contact you to arrange for redelivery; and
(ii) we may require payment of applicable freight costs before attempting redelivery.
5.3 LOSS OR DAMAGE IN TRANSIT
(a) You should check the Product carefully for damage before signing the delivery docket. Once you have accepted delivery of the Product as being undamaged, you may not be able to make a claim for loss or damage in transit.
(b) To make a claim for loss or damage in transit you must email us at email@example.com as soon as you become aware that the Product may have been damaged or lost in transit. You will be asked to provide evidence of the damage (eg photos). We will ask our courier to investigate any lost items, and their records are prima facie evidence of delivery status.
(c) You authorize us to complete any forms or take any action necessary for lodging a claim with the relevant courier or insurance company to make a claim for compensation for loss or damage in transit.
(d) Once we have verified that the Product has been lost or damaged in transit, we may at our sole discretion:
(i) send you a replacement Product, at our cost; or
(ii) refund you for the price you paid for the Product, plus freight costs. Refunds will be issued within 5 business days, using the same method as your original payment.
(e) You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments. We will not accept any claim for loss or damage in transit where the Product has been damaged by your own actions in opening the Product.
5.4 CANCELLING AN ORDER
(a) To cancel an order, you must call us immediately on +61 7 5496 9981. Please note that while we monitor emails, we cannot always attend immediately to emails. We cannot cancel orders once the Product has been dispatched.
(b) If you cancel an Order under this clause, we will issue a full refund of any payment you made for the Order, using the same method as your original payment, within 5 business days.
5.5 TECHNICAL SUPPORT
If for any reason, you are unable to complete your purchase successfully, please contact our technical support at firstname.lastname@example.org.
(a) Unless otherwise noted, the prices stated on the Site are in Australian dollars and are inclusive of GST (where payable). Delivery charges are separately calculated and will be displayed prior to payment being required.
(b) You must pay all and any quarantine expenses, import duties, levies or import, sales, transaction, use, excise, gross receipts, value added, property or other taxes, fines or duties of any kind applicable to the Product. These charges may be separately levied on you by the applicable authority.
(c) You are solely liable for any additional costs or penalties incurred as a result of late payment, or storage, abandonment, disposal or other fees, fines or expenses incurred as result of your delay in picking up a Product from a depot or delivery center after receiving a delivery slip.
(d) We will not consider any order accepted, and will not dispatch any Product, without receiving payment in full.
(e) You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
(f) If your payment is dishonored or reversed for any reason, you must immediately make the payment again. We reserve the right to delay processing your order or delivering the Product until we receive full payment.
If your payment is dishonored or reversed for any reason after the Product has been delivered, then without prejudice to any other right or remedy, we may recover the price of the Product together with any other expenses we have incurred, from you as a liquidated debt in a court of tribunal of competent jurisdiction irrespective of any claim that you may have against us for anything or matter related to the Product.
7. RETURNS, EXCHANGE AND REFUND POLICY
You can contact us to return any Product within 30 days of purchase, subject to clause 2.6(c).
7.2 FAULTY PRODUCTS
(a) You can return a Product to us if it’s faulty, incorrectly described, not of acceptable quality or unsafe.
(b) If you return an item to us due to anything under clause 7.1, you may choose between an exchange, repair or refund.
(c) To request an exchange, repair or refund, please call us or email us at email@example.com. We reserve our right to refuse your request if:
(i) the Product has been thrown away, destroyed, lost, or damaged through no fault of ours;
(ii) the Product has been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions;
(iii) the Product has been involved in any accident or damage caused by an incorrect attempt at modification or repair;
(iv) the Product has been dealt with or used contrary to our or the manufacturer’s instructions for the Product;
(v) the Product has deteriorated through normal wear and tear; or
(vi) too much time has passed, where time runs from the date of supply until the fault or problem would reasonably be expected to appear.
(d) Refunds will be issued within 5 business days, using the same method as your original payment.
8. INTELLECTUAL PROPERTY RIGHTS
The material on the Site is protected under Australian and international copyright and other laws governing protection of Intellectual Property rights. Intellectual Property rights in images, trademarks and other content on the Site are owned by their respective owners. You must not deal with the material on the Site in any way which infringes on the content owner Intellectual Property rights without separate written permission from the content owner.
9. LIMITATION OF LIABILITY AND INDEMNITY
(a) We warrant that the Products are fit for their usual purpose, are merchantable and meet any description we have provided. All other conditions, warranties and representations, except those which are non-excludable in law, are excluded.
(b) You warrant that you have exercised your own judgement as to the suitability of the Product for your purposes.
(c) Where applicable, we warrant the Products with a range of warranties pending individual product ranges and manufacturers. These warranty ranges may include but are not limited to: Time periods such as 6 months, 1 year, 2 years, 3 years or First occurrence warranties such as 1 year/25,000km, 2 years/40,000km, 2 years/50,000km, 3 years/100,000km. Manufacturers warranty details may change or vary over time, see website, purchase details or packing for warranty information.
(d) The Warranty applies in addition to the guarantees, rights and remedies conferred by the Australian Consumer Law and other applicable Commonwealth, State and Territory legislation. The Warranty Terms and Conditions do not exclude, affect or limit those guarantees, rights or remedies, except to the extent that their application may lawfully be excluded or limited. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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.
9.2 RESPONSIBILITY FOR OWN ACTIONS
You agree to release and hold harmless, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:
(a) your own negligence or malpractice, or reckless or intentional misconduct, and
(b) your own failure to perform your obligations and responsibilities under this agreement.
(c) any modification or misuse of any Product by you or anyone acting on your behalf;
(d) any acts or omissions of anyone whom you allowed to access the Site using your login id and password, whether deliberately or otherwise;
(e) your breach of your warranties or obligations under this agreement; or
(f) any reasonable legal expenses we incur as a result of your breach of this agreement, including expenses for enforcing payment, on a solicitor and own-client basis.
9.3 LIMITATION OF LIABILITY
(a) In performing any obligation under this agreement, our only duty is to exercise reasonable care and skill.
(b) To the fullest extent allowable at law:
(i) we only accept liability to you as set out in this clause 9, or as required by consumer or other laws which cannot be excluded by contract;
(iii) our liability, and liability of our Indemnified Officers under this agreement is limited to (at our election):
(A) replacing the Product with the same or equivalent Product; or
(B) repairing the Product; or
(C) a refund of the amount you paid us for the Product.
(iv) we are not liable for any loss or damage, whether direct or indirect, arising from faulty design or manufacture of the Product, other than for Products we have manufactured;
(v) we are not liable for Consequential Loss in relation to any Product, however arising;
(vi) we hold the title in the Product and will bear the risk of any damage to or theft or loss of Product during transport to the delivery address. Title and risk in the Product passes to you on delivery. We are not liable for any loss, theft or damage to the Product after delivery;
(vii) we will not be liable if you have failed to follow instructions for use of the Product, modified the Product or used the Product for an unintended purpose;
(viii) we are not liable to you for errors in the information you provide to us; and
(ix) we are not liable for default or failure in performance of our obligations under this agreement resulting directly or indirectly from the actions of suppliers, couriers or any other circumstances caused by factors beyond our reasonable control, whether or not caused through any act or inaction by us, our employees, agents or independent contractors, or through any other cause.
(x) despite any other provision to the contrary, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not in any circumstances exceed a sum equal to the greater of:
(A) $100; or
(B) The price of the Product in dispute.
(C) The limitation of liability under clause 9.3(b)(x) has effect in relation both to any Liability expressly provided for under this agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this agreement.
10.1 ENDURING CLAUSES
The parties’ rights and obligations under clauses 2.5, 7, 8, 9 and 10.2 will survive the termination of this agreement for whatever reason.
The laws of Queensland, Australia apply to this agreement and the parties submit exclusively to the courts of that jurisdiction.
If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.
Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.
10.5 ENTIRE AGREEMENT
This agreement and your order contain the entire agreement between the parties and supersedes all previous negotiations or agreements in relation to the subject matter of this agreement.
11. DEFINITIONS AND INTERPRETATION
In this agreement:
(a) Australian Consumer Law means Schedule 2 of Competition and Consumer Act 2010 (Cth).
(b) Business Day means a day (other than a Saturday or Sunday) upon which banks are ordinarily open for business in Brisbane, Queensland, Australia.
(c) Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to this agreement or third party.
(d) Consequential Loss includes, without limitation:
(i) loss of data or unauthorized disclosure of data;
(ii) loss of opportunity, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, loss of revenue, and all other pure economic loss; and
(iii) disappointment, distress, stress, and inconvenience.
(e) Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
(f) Intellectual Property means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licenses, and includes the right to register any intellectual property rights.
(g) Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
(h) Product means an item available for purchase on the Site.
(i) Site means the website which may be accessed at sjmoffroad.com.au or any subdomain variation.
Nothing in this agreement 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 implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.