Pilbara Auto (pa4x4.com.au) Customer Agreement
This Agreement is a contract between you and Pilbara Auto & 4×4 (us, we, our) ABN 71 024 494 063 the terms and conditions under which you may purchase products online from this website. Please read the following terms and conditions carefully before placing your order. By creating an Account and using our service, you agree to be bound by the terms and conditions of this Agreement.
“Agreement” means an agreement between you and Pilbara Auto & 4×4 (pa4x4.com.au) to supply Products. The Agreement consists of the order, the terms of the order and these conditions.
“Conditions” means these Conditions and any agreed written variations.
“Delivery Address” means the address to which the Products are to be delivered as stated on the Order.
The Delivery Address may also be referred to as the Shipping Address on this web site.
“Billing Address” means the address to which the invoice will be sent as stated on the Order.
“Delivery Fee” means the fee payable to Pilbara Auto & 4×4 (pa4x4.com.au) in respect of delivery of the Products and handling costs associated with processing your Order as advised by Us from time to time.
“Products” means Products described in an Order and includes packaging.
“Order” means an order by You to purchase Products from Pilbara Auto & 4×4 (pa4x4.com.au).
2.1 The entire agreement between You and Pilbara Auto & 4×4 (pa4x4.com.au) for the purchase of Products by You from Pilbara Auto & 4×4 (pa4x4.com.au) and includes these Conditions and the terms of the Order.
2.2 An agreement exists between You and Pilbara Auto & 4×4 (pa4x4.com.au) when we accept an Order.
2.3 Pilbara Auto & 4×4 (pa4x4.com.au) reserves the right to reject an order.
2.4 Each Order is a separate agreement.
3.1 You must create an account before placing an Order for Products on Pilbara Auto & 4×4 (pa4x4.com.au). You warrant that all information and data provided by You in the customer account is accurate, complete and up to date. You will promptly inform Pilbara Auto & 4×4 (pa4x4.com.au) if there is any change to this information. You may keep your account information including your Primary Address
details up to date by using the My Account link on the web site.
3.2 Set up costs: You are responsible for any costs associated with accessing this web site and placing orders for Products including any Internet provider fees.
3.3 Delivery area: In order to purchase Products from Pilbara Auto & 4×4 (pa4x4.com.au), the Delivery Address which You nominate will need to be within a suburb where Pilbara Auto & 4×4 (pa4x4.com.au) provides delivery services. Please ensure that your delivery address and suburb are correct, as orders for delivery to addresses in suburbs that are not in the Pilbara Auto & 4×4 (pa4x4.com.au) delivery area will not be processed. Pilbara Auto & 4×4 (pa4x4.com.au) will advise You if the Delivery Address which You nominate ceases to be in an area where Pilbara Auto & 4×4 (pa4x4.com.au) delivers Products. Pilbara Auto & 4×4 (pa4x4.com.au) will not be obliged to continue to deliver Products to You. If You change Your Delivery Address and the new Delivery Address which You nominate is not in an area within which Pilbara Auto & 4×4 (pa4x4.com.au) delivers Products.
PURCHASE ORDERS & DELIVERY OF PRODUCTS
4.1 Orders: You will place an Order with Pilbara Auto & 4×4 (pa4x4.com.au) by selecting Products and pressing the “Confirm Order” button. Orders will be deemed to have been received by Pilbara Auto & 4×4 (pa4x4.com.au) at the time of successful transmission of the Order.
4.2 Delivery of the Products: Pilbara Auto & 4×4 (pa4x4.com.au) will deliver the Products to You at the Delivery Address provided by You.
4.3 Authorised receipt of Products: Anyone at the Delivery Address who receives the Products shall be presumed by Pilbara Auto & 4×4 (pa4x4.com.au) to be authorised to receive the Products. Pilbara Auto & 4×4 (pa4x4.com.au) may request that the person who receives the Products at the Delivery Address provide satisfactory evidence of proof of age. Pilbara Auto & 4×4 (pa4x4.com.au) may refuse to deliver the Products if the person receiving the Products is unable or unwilling to provide satisfactory evidence of proof of age. If the Order includes products which the law prescribes a minimum age for the purchase of such products, You must ensure that a person over the age of 18 years (or such other minimum age as is prescribed by the law) is available to accept delivery of these Products.
4.4 Delivery Charge: If required by Pilbara Auto & 4×4 (pa4x4.com.au) You shall pay to Pilbara Auto & 4×4 (pa4x4.com.au) the Delivery Charge (or such other fee as may be specified by Pilbara Auto & 4×4 (pa4x4.com.au) in respect of each Order.
4.5 Additional Delivery Fee: If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered Pilbara Auto & 4×4 (pa4x4.com.au) may charge You and You shall pay an additional Delivery Fee.
OWNERSHIP, RETURNS & CANCELLATIONS
5.1 Ownership of Products Property and risk in the Products passes to You upon delivery and payment of the Products to the Delivery Address. Any Products provided remain the property of Pilbara Auto & 4×4 (pa4x4.com.au) until fully paid for by You.
5.2 Returns & Refunds: Refunds or exchanges are not available unless the Product is faulty or damaged in transit. If a product is faulty or damaged in transit, You may email our Customer Service Department on email@example.com and we will organise either a credit, refund or exchange. The product must be returned to us via Australia Post. We will pay for the return. Credit for any Products that you send back will be applied to your next order. Returns must be in original condition and packaging, with all accessories and received within 30 days of purchase.
5.3 Cancellations: Generally orders cannot be cancelled.
If you wish to request an order cancellation you must soon as possible, email our Customer Service Department firstname.lastname@example.org and if we have not started processing your order we may be able to accept your cancellation request. A cancellation fee of %15 of the value of the products applies.
PRICE & PAYMENT
6.1 Price of Products: The price of the Products as shown on the web site is the price which is applicable at the time you view it. The price however that You will pay for the Products will be the price applicable at the time the Products are processed and scanned for your order. Pilbara Auto & 4×4 (pa4x4.com.au) prices are subject to variation.
6.2 Total price estimate only: The total price for Products purchased by You which appears on your Order and confirmation of your Order is an estimate only of the price payable for the Products. Where random weight items are included in the Order, an actual price for these Products will be calculated by Pilbara Auto & 4×4 (pa4x4.com.au) after the Products are weighed. Upon delivery of the Products, Pilbara Auto & 4×4 (pa4x4.com.au) will provide you with a register receipt specifying the total price for the Products including the Delivery Charge.
6.3 Method of payment: You may select from the following methods of payment.
At the time of each order, you will be required to select your payment method being either Online Payment by Credit Card or
Money Order. In order to receive your Products, payment must be received by the selected payment method. If your credit card is declined by your financial institution we will not be able to guarantee delivery on the expected date or within the expected delivery window and may contact you to make alternative delivery and payment arrangements. If you have any queries about the credit charge once you take delivery please contact our Customer Service Department by email email@example.com.
OUT OF STOCKS & SUBSTITUTION
When completing your Order, You will be invited to select substitution products in respect of Products which are out of stock. Pilbara Auto & Pilbara Auto & 4×4 (pa4x4.com.au) will use its best endeavours to ensure that all Products ordered by You (and any agreed substitutes) are supplied to You.
PACKAGING & LABELLING OF PRODUCTS
Pilbara Auto & 4×4 (pa4x4.com.au) aims to include up-to-date images of Products on the web site. However, at times the Product image may differ from the actual Product supplied to You. Pilbara Auto & 4×4 (pa4x4.com.au) does not warrant the accuracy of the information contained on this web site about Products and recommends that You read the labels on Products carefully before consuming the Products.
WEB SITE CHANGES
From time to time, Pilbara Auto & 4×4 (pa4x4.com.au) may add to, delete or change anything on this web site.
10.1 Copyright © 2015 Pilbara Auto & 4×4 (pa4x4.com.au)
The contents of this web site are copyright. Without limitation, this includes all images, text and layout. Other than as may be permitted by the Copyright Act, You agree to not use, modify or reproduce any part of this web site, in any form or by any means without the permission of the copyright owner.
10.2 You acknowledge that any trademarks or logos which appear on this web site are owned by or licensed to Pilbara Auto & 4×4 (pa4x4.com.au) or its related companies, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
LIABILITY & WARRANTY
11.1 The content of this web site is provided for information purposes only. No claim is made as to the accuracy or authenticity of the content of the web site. Pilbara Auto & 4×4 (pa4x4.com.au) does not accept any liability to any person for the information or advice (or the use of such information or advice) which is provided on this web site or incorporated into it by reference. The information on this web site is provided on the basis that all persons accessing the site undertake responsibility for assessing the relevance and accuracy of its content. No liability is accepted for any information or services which may appear in any format, including but not limited to web, email, and print. No responsibility or liability is accepted for any information or services which appears on any third party advertisements or linked websites.
Pilbara Auto & 4×4 (pa4x4.com.au) does not accept any responsibility or liability for use of products purchased via this web site and makes no representations about the effectiveness or suitability of these products. Use at your own risk.
11.2 The Service is provided without warranties of any kind, either express or implied, other than those warranties implied into this agreement by legislation such as the Trade Practices Act and which cannot be excluded. Neither Pilbara Auto & 4×4 (pa4x4.com.au) nor anyone else involved in creating, producing or delivering the service or products shall be liable for any direct, indirect, special or consequential damages arising out of the supply or use of the Service or Products or inability to use the Service or Products or any breach of any warranty, and where such liability cannot be excluded, liability is limited, at the option of Pilbara Auto & 4×4 (pa4x4.com.au), to the resupply or cost of resupply of the Service or Products.
11.3 Pilbara Auto & 4×4 (pa4x4.com.au) offers a 30 Day Money Back Guarantee on all products purchased through this web site.
11.4 The provisions of this clause will survive any termination of this Agreement.
Your email address and password are used to verify you are a registered customer. They are required to sign-in and place orders. You agree to take responsibility for the safekeeping of your password. You are liable if your password is used by an unauthorised person. You agree to release and indemnify Pilbara Auto & 4×4 (pa4x4.com.au) in relation to any liability arising out of the unauthorised use of your password.
PRIVACY & SECURITY
This website uses industry standard SSL encryption technology when transferring and receiving you personal information. The information you provide by way of email address / physical address is not provided to any 3rd parties but may be used by Pilbara Auto & 4×4 at times to notify you of new products or specials. You can choose to opt out at any time and we will remove your personal details from our database.
TERMINATION OF AGREEMENT
Pilbara Auto & 4×4 (pa4x4.com.au) may terminate or suspend this Agreement at any time by delivering notice as provided in clause 16. Termination of this Agreement shall be effective the day notice is received or a later date if specified in the notice.
NOTIFICATION OF CHANGES
Pilbara Auto & 4×4 (pa4x4.com.au) may add to, delete, or otherwise change any of the terms of this Agreement by giving You notice as provided in clause 16. Your use of the Pilbara Auto & 4×4 (pa4x4.com.au). Service after notice will constitute your deemed acceptance of such changes.
Pilbara Auto & 4×4 (pa4x4.com.au) may give notice to You by electronic mail, conventional mail to your address contained in the Primary Address registration information or by posting a notice on the Pilbara Auto & 4×4 (pa4x4.com.au) website. You may give notice to Pilbara Auto & 4×4 (pa4x4.com.au) by electronic mail to firstname.lastname@example.org
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (a) of such provision under other circumstances or (b) of the remaining provisions hereof under all circumstances.
WESTERN AUSTRALIA LAW APPLIES
The Agreement is governed by the laws in force in the State of Western Australia and the parties hereby agree to submit to the jurisdiction of the Courts of that State.