TERMS AND CONDITIONS

 

Simply Sports Cars Pty Ltd

 

  1.        Interpretation

1.1.    In these Terms:

“Company” means Simply Sports Cars Pty Ltd

“Customer” means the purchaser of Goods from the Company.

“Goods” means all goods sold and/or delivered by the Company to the Customer.

“Terms” means these terms and conditions of sale.

“Website” means the on-line store as owned and operated by Simply Sports Cars Pty Ltd

 

  1.        Application

2.1.    These Terms apply to all contracts for the sale of Goods by the Company.

2.2.    No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.

2.3.    The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

 

  1.        Online Purchasing Account

3.1.    To purchase Goods from the Company, the Customer must establish an account with Simply Sports Cars Pty Ltd. This account may be established through the Website, or over the telephone.

3.2.    The Company retains sole discretion in relation to;

a)           refusal to allow an account to be established; or

b)           to terminate accounts; or

c)            to remove or edit account details.

3.3.    The Customer agrees to provide an accurate email address, delivery address(s), billing address(s) and telephone number and to keep these details up to date. Incorrect information provided may lead to a delay in delivering, or to non-delivery, of the Goods ordered.

3.4.    The Customer is responsible for the confidentiality of the account password. Password and account details are stored on a secure server.

 

  1.        Goods

4.1.    The Company may make changes in the Goods described, and to other content of the Website, at any time without notice.

4.2.    The Company makes every effort to ensure that descriptions of Goods on the Website are accurate. However some inaccuracies, such as typographical errors or misinterpretations, may occur. The Company reserves the right to correct such inaccuracies or typographical errors as they are identified.

4.3.    All depictions contained on the Website, or in any catalogue, are for illustration purposes only. The actual Goods sold may vary.

 

  1.        Prices

5.1.    The price advertised on the Website includes GST (Goods and Services Tax) for customers in Australia.

5.2.    The price advertised for Goods does not include postage/delivery charges.

5.3.    All prices are in Australian Dollars (AUD)

5.4.    Prices are determined at the time of order.

5.5.    Prices are subject to change without notice.

5.6.    The Company reserves the right to deem advertised pricing of Goods erroneous due to human error, database error or otherwise. A full refund will be issued to any Customer who purchased Goods with incorrect pricing.

5.7.    International Customers are liable for any import duties which may apply in their country of residence, or any other costs which may be imposed upon importing Goods.

 

  1.        Payment

6.1.    Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.

6.2.    The balance of the invoice price, if any, must be paid in full before delivery.

6.3.    The Company may charge interest, payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.

6.4.    The payment and the Customer’s financial details are processed through a PCI-DSS (Payment Card Industry Data Security Standard) compliant third party payment gateway (www.eWay.com.au). Liability for the security of the submitted financial details lies with eWay, and not with the Company.

 

  1.        Delivery/collection

7.1.    Unless agreed otherwise, and in writing, the Customer must, within 7 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price (if any).

7.2.    If the Customer fails to collect the Goods or to accept delivery within 21 days of being notified of their availability, the Company reserves the right to terminate this contract and resell the Goods.

7.3.    In addition to clause 4.3, the Company reserves the right to charge the Customer storage fees for goods not collected or delivered within 5 days of notification of their availability at the rate of $35.00 per week or part thereof.

7.4.    The Company reserves the right to deliver the Goods purchased in whole or in instalments, as well as to deliver prior to the date for delivery. In such event, the Customer must not refuse to take delivery of the Goods.

7.5.    Any failure on the part of the Company to deliver purchased Goods in instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.

7.6.    Goods advertised on the Website are generally available for despatch from stock.

7.7.    In the event of Goods not being in stock at the time of purchase, the Company will notify the Customer, and will offer the option to keep the Goods in back order, change the order, or cancel the order. In the latter scenario, the Company will offer a full refund to the Customer.

7.8.    The Company will generally despatch Goods ordered before 1pm that same day, for delivery within two working days to most Australian addresses.

 

  1.        Title

8.1.    Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.

 

  1.        Risk and Insurance

9.1.    The Customer assumes all risk of the Goods from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods may not have passed to the Customer at that time.

9.2.    All Goods sold by the Company meet very high expectations for quality, manufacture, safety and reliability however all Goods are sold with the complete Customer’s understanding that installation and utilisation of these Goods on a motor-vehicle, and operating this vehicle in a motorsport environment or otherwise can be dangerous, and may result in damage, personal injury or death to the Customer or others.

 

  1.    Inspection

10.1.The Goods are deemed to have been accepted in good order and condition, unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions.

 

  1.    Cancellations

11.1.No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion).

11.2.If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation/restocking fee (being not less than 20% of the invoice price of the Goods).

 

  1.    Intellectual Property

12.1.Material contained on the Website may be protected by copyright.

12.2.Any material on this web site may not be copied, distributed, transmitted, stored or published without obtaining our prior written consent.

12.3.Registered trade-marks and logos must not be used or modified in any way without obtaining the prior written consent of the owner of the trade- mark or logo.

12.4.The Website, and the products, technology and processes contained in the Website, may be the subject of other intellectual property rights owned by third parties. You agree, that no license is granted to you, in respect of those intellectual property rights, other than as set out in these terms and conditions.

 

  1.    Limited Liability

13.1.These Terms do not affect the rights, entitlements and remedies conferred by the Competition and Consumer Act 2010.

13.2.The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:

a)           responsible if the Goods do not comply with any applicable safety standard or similar regulation; and

b)           liable for any claim, damage or demand resulting from such non-compliance.

13.3.If any statutory provisions under the Competition and Consumer Act 2010 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:

a)           replacement or repair of the Goods or the supply of equivalent Goods; or

b)           payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and

in either case, the Company will not be liable for any consequential loss or damage or other direct or indirect loss or damage.

 

  1.    Warranty

14.1.All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the standards detailed by the manufacturer.

14.2.No warranty or representation is made as to the Goods’ ability to protect the user from injury or death.

14.3.The effectiveness, warranty and longevity of Goods sold by the Company, is directly related to the manner in which it is installed, used and/or maintained. The user assumes this risk.

14.4.Fitment of any Goods purchased from the Company to motor-vehicles that are subject to a manufacturer's warranty may void the manufacturer's warranty and may affect the ability of the vehicle to meet emission- or other transport regulations. The Customer assumes this risk.

14.5.On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.

14.6.The provisions of any act or law (including but not limited to the Competition and Consumer Act 2010) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.

14.7.The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.

 

  1.    Liability

15.1.The Company accepts no liability (to the extent permitted by law) for any loss, damage or injury arising as a consequence of installing or using Goods supplied by the Company, from any advice provided by the Company or from information contained on or accessed through the Website. This applies to installation of the Goods by the Company or by any 3rd party - e.g. a service garage or workshop.

15.2.Whilst the Company has no reason to believe that any information contained on this web site is inaccurate, the Company does not warrant the accuracy, adequacy or completeness of such information, nor does the Company undertake to keep the Website updated. The Company does not accept responsibility for loss suffered as a result of reliance by the Customer upon the accuracy or currency of information contained on the Website.

15.3.Due to the stresses a motor-vehicle may encounter during fast-driving or motorsport-oriented activities which include but are not limited to Track Days, Hillclimbs, Sprinting and Rallies, the Company will not guarantee the performance of Goods sold or the reliability or durability of the Customer’s vehicle when it is used for these activities.

15.4.The Company will not be liable for any losses incurred due to the failure of components or services provided when a vehicle has been used for motorsport or competition purposes.

 

  1.    Contract

16.1.The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of actions deemed to have arisen there.

 

  1.    Force Majeure

17.1.The Company will not be liable for any breach of contract due to any matter or event beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident).

 

  1.    Waiver of Breach

18.1.No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.

 

  1.    No Assignment

19.1.Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.

 

  1.    Severability

20.1.If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

 

  1.    Governing Law

21.1.These Terms and the Contract shall be governed by the law of New South Wales and the parties submit to the courts of New South Wales in respect of any dispute arising.