ORDERS, DELIVERY AND RETURNS TERMS AND CONDITIONS
Our Disclosures:
Our complete Orders, Delivery and Returns Terms and Conditions are contained below, but some important points for you to know before you become a customer are set out below:
(a) We may cancel, at any time before delivery and for whatever reason, an order that we have
previously accepted. Where we do so, we will refund you using the original payment method used
for the order.
(b) Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss.
(c) we will have no liability, and you release and discharge us from all liability, arising from or in
connection with any: (i) loss of, or damage to, the products, or any injury or loss to any person; (ii)
failure or delay in providing the products; or (iii) breach of the Terms or any law, where caused or
contributed to by any: event or circumstance beyond our reasonable control or act or omission of
you or your related parties.
Nothing in these terms limit your rights under the Australian Consumer Law.
1 Introduction
(a) These terms and conditions (Terms) are between Ausfeng Pty Ltd (ACN 096 885 675) (we, us and our) and you, the person placing an order for products with us through the Site (you or your).
2 Orders
(a) You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
(b) We are a parts supplier only, you are responsible for all compliance in accordance with any rules
and regulations or laws for your vehicle in your State and jurisdiction.
(c) Please chose your products carefully as we do not perform any fitment, so we are not liable for any defective fitment and or any consequential damage as a result of any products.
(d) We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a
rejection at the time of the order or within a reasonable time thereafter.
(e) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
(f) It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
(g) We will assume no responsibility for any product that is wrongly ordered.
(h) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include the delivery and billing addresses and a description of what was ordered.
(i) When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, billing address and payment details. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details. All personal information that you give to us will be treated in accordance with our Privacy Policy.
3 Price and payments
(a) You must pay us the purchase price of each product you order plus any applicable delivery costs
based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. Unless you have ordered from one of our global sites, all amounts are stated in Australian dollars unless otherwise stated. We display delivery costs and Australian GST (where applicable) separately from the product price.
(b) You must pay the Price using one of the methods set out on the Site.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of
fraud or mistake, all payments made are final. If you make a payment by debit card or credit card,
you warrant that the information you provide to us is true and complete, that you are authorised to
use the debit card or credit card to make the payment and that your payment will be honoured by
your card issuer.
(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(e) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.
(f) We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order
through the Site. The conditions of use relating to promotional discount codes will be specified on the
Site at the time they are issued. We may also from time to time run competitions on the Site or
associated social media platforms. Such competitions are subject to terms and conditions which will
be made available on the Site at the time of the competition.
4 Availability and Cancellation
(a) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order, and you may choose to receive a refund or a store credit and any delivery costs you have paid for the products will be refunded to you.
5 Delivery, Title and Risk
(a) If possible, we will deliver the products to the delivery address you provide when making your order. We currently deliver to the areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
(b) Delivery costs are set out on the Site.
(c) We normally dispatch products within 24 hours of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
(d) We may deliver the products using a range of delivery methods such as Australia Post, Direct Freight or any other third party freight company that we see fit. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office or pick up point as advised by the courier.
(e) Title to the products will remain with us until you have paid us the Price in full in accordance with the
Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien,
charge or other interest in or over the products.
(f) Risk in the products will pass to you as soon as they are delivered to the delivery address you
provided in your order. Once risk in the products passes, you will be solely responsible for them.
(g) A signature is required when your order is delivered, so we recommend providing a delivery address where someone will be available to receive and sign for your order. If no one is available, the courier will leave a card advising you what to do next.
(h) Please note the delivery time frames indicated below are estimates only, based on the stock being dispatched from our warehouse. If your order is coming from a store, delivery times may vary,
depending on both the store location and the intended destination.
(i) An increased volume of orders during busy sale and promotional periods may lead to delayed
dispatch and delivery.
(j) By ticking the box or selecting ‘yes’ at the checkout page on the website for AUTHORITY TO LEAVE, we or our third party delivery service providers will leave your parcel at your premises in accordance with your instructions. Please note that the driver does not require a signature often they will not try to obtain one so parcels may be delivered without knocking or ringing the doorbell.
(k) If you agree to AUTHORITY TO LEAVE, then that the parcel is deemed received when left at your
premises.
(l) We (and our third party delivery service providers) do not accept responsibility for any loss or damage which results from this AUTHORITY TO LEAVE delivery method. You agree to release us and our third party delivery service providers from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this AUTHORITY TO LEAVE.
(m) If you do not give us AUTHORITY TO LEAVE, then you will have to be at your premises in order for the delivery to occur.
6 Returns
Change of mind returns
(a) Subject to your rights under the Australian Consumer Law, we do not accept returns for change of
mind or other circumstances.
Transactional Costs
(b) Subject to your Consumer Law Rights, due to the associated transactional costs from the use of our third party payment processors (such as Afterpay, Zip Money, E-Bay or Paypal, Credit Card fees and/or any other associated transaction fees, for any order made using such third party processors that is cancelled or returned by you, we will be entitled to charge you a 6% processing fee (Transaction Cost). Swapping to another product with us will not attract any cancellation fee. Please note that if Transactional Cost is applicable, then it will be added to the return fee or calculated on the final transaction amount. Where your order is cancelled prior to the date of dispatch of the order, we will refund you the amount paid by you, less the Transaction Fee. If you return a product to us and the product is deemed to be defective, we will provide you with a repair or replacement of the product or refund of the amount paid by you (including the Transaction Fee) in accordance with clause 6(e).
Australian Consumer Law
(c) We may offer a warranty against defects, set out on the Site (Warranty Against Defects).
(d) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(e) Where you return products to us to seek an Australian Consumer Law remedy, you may need to cover any associated costs (for example delivery costs) of you returning the products to us.
(f) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return
delivery costs and Transaction Costs and, depending on the failure, either dispatch a new or repaired
replacement product or refund you the Price of the relevant product.
7 Limitations
(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
(b) Despite anything to the contrary, to the maximum extent permitted by law:
(1) neither Party will be liable for any consequential loss, indirect loss, real or anticipated loss
of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of
opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of
data, whether under statute, contract, equity, tort (including negligence), indemnity or
otherwise;
(2) each Party’s liability for any Liability under these Terms will be reduced proportionately to
the extent the relevant Liability was caused or contributed to by the acts or omissions of
the other Party, including any failure by that Party to mitigate its losses;
(3) our maximum aggregate liability arising from or in connection with the Terms (including
the products and/or the subject matter of the Terms) will be limited to, and must not
exceed, the portion of the Price paid by you to us for the products the subject of the
relevant claim; and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for,
and you waive and release us from and against any liability caused or contributed to by, arising from
or connected with any event or circumstance which is beyond our reasonable control including but
not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami,
mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism,
insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared
or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or
biological contamination, any widespread illness, quarantine or government sanctioned ordinance or
shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
(d) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability,
and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, the products, or any injury or loss to any person;
(2) failure or delay in providing the products; or
(3) breach of the Terms or any law, where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control; or
(5) act or omission of you or your related parties.
8 General
(a) Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(d) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(e) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
9 Definitions
(a) Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the
Competition and Consumer Act 2010 (Cth), as amended, from time to time.
(b) Consequential Loss means, whether under statute, contract, equity, tort (including negligence),
indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
(c) Consumer Law Rights has the meaning as set out in clause 6(d).
(d) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
(e) Privacy Policy means our privacy policy, available at https://xforce.com.au/privacy-policy/, as
amended from time to time.
(f) Site means our website, available at www.xforce.com.au.
(g) Transaction Costs have the meaning set out in clause 6(b).
(h) Warranty Against Defects has the meaning set out in clause 6(c).
For any questions and notices, please contact us at:
Ausfeng Pty Ltd (ACN 096 885 675)
Phone Number: (02) 9773 0812
Email: [email protected]
Last update: 24 July 2023
David
