Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to www.wheeldealer.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by WheelDealer.com.au (ABN 82 859 918 852 ). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by WheelDealer.com.au Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
1.3. WheelDealer.com.au reserves the right to review and change any of the Terms by updating this page at its sole discretion. When WheelDealer.com.au updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by WheelDealer.com.au in the user interface.
3. Purchase of Products and Returns Policy
3.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
3.2. Payment of the Purchase Price may be made through one of the following third party providers:
3.3. Following payment of the Purchase Price being confirmed by WheelDealer.com.au, you will be issued with a receipt to confirm that the payment has been received and WheelDealer.com.au may record your purchase details for future use.
3.4. WheelDealer.com.au may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product is in original packaging and remains in new, saleable condition. Any product that was used or fitted are not returnable for refund unless there is a Warranty or related issue with the product. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
4.1. WheelDealer.com.au's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
4.2. You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within time frame set out by product manufacturer from the date of purchase (the 'Warranty Period').
4.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to WheelDealer.com.au showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to WheelDealer.com.au at PO BOX 517, Thomastown, VIC 3074 or by email at firstname.lastname@example.org.
4.4. Where the Warranty Claim is accepted then WheelDealer.com.au will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
4.5. The Warranty shall be the sole and exclusive warranty granted by WheelDealer.com.au and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
4.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
4.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
5.1. You acknowledge that the Purchase Services offered by WheelDealer.com.au integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
5.2. In providing the Purchase Services, WheelDealer.com.au may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that WheelDealer.com.au is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
5.3. In the event that an item is lost or damaged in the course of the Delivery Services, WheelDealer.com.au asks that you:
(a) contact us by sending an email to email@example.com outlining in what way the Products were damaged in transit within 7 Days of delivery so that wheeldealer.com.au can raise a transit insurance claim and arrange for replacement product to be sent out.
6. Copyright and Intellectual Property
6.1. The Website, the Purchase Services and all of the related products of WheelDealer.com.au are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by WheelDealer.com.au or its contributors.
6.2. wheeldealer.com.au retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of WheelDealer.com.au; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
6.3. You may not, without the prior written permission of WheelDealer.com.au and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
8. General Disclaimer
8.1. You acknowledge that WheelDealer.com.au does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
8.2. WheelDealer.com.au will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
8.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) WheelDealer.com.au we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
8.5. Use of the Website, the Purchase Services, and any of the products of WheelDealer.com.au (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of WheelDealer.com.au, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of wheeldealer.com.au (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of WheelDealer.com.au) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
9. Limitation of Liability
9.1. WheelDealer.com.au's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of WheelDealer.com.au is the resupply of information or Purchase Services to you.
9.2. You expressly understand and agree that WheelDealer.com.au, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
9.3. WheelDealer.com.au is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of WheelDealer.com.au, by third parties or by any of the Purchase Services offered by WheelDealer.com.au.
9.4. You acknowledge that WheelDealer.com.au does not provide the Delivery Services to you and you agree that WheelDealer.com.au will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
10.1. You agree to indemnify WheelDealer.com.au, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
11. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.