Sales terms and conditions

In these Sales Terms and Conditions (Sales Terms) ”we”, “us” or “our” mean Euro Car Electronics Pty Ltd (ABN 84 168 788 029), including its successors and assignees. You, the person, organisation or entity that purchases products or services from us shall be referred to as “you” or “your”. Each is referred to as a “Party” and collectively the Parties. These Sales Terms apply to all sales made by us to you through our website eurocarupgrades.com.au (Site). These Terms are available on the Site.

These Sales Terms form the agreement under which we will supply products and services to you. Please read these Sales Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase products or services from us.

You accept our Sales Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access these Sales Terms and contact us, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Sales Terms, you should not purchase from us.

Our Privacy Policy sets out how we collect, use and protect your personal information. It is available on the Site

• 1. Registration

  Should you elect to create a customer account on the Site, we will provide a confirmation of account registration when you register on the Site. 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.

• 2.Products, Services and Orders

  1. You may view products at our premises by organising an appointment with us.

  2. You may order from us as set out on the Site. We may at our discretion accept, reject or cancel an order at any time depending on factors including, but not limited to, availability of products or services (as the case may be), our ability to validate payment for the products or services, our inability to establish contact with you, typographical inaccuracies on the Site in relation to product/service descriptions or pricing.

  3. It is your responsibility to check the order details, including product/service and pricing, before you complete your order on the Site.

  4. We will provide you with order details, which may include an order number, an order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated.

  5. Some of the products and services offered for sale on the Site are intended for off-road use and use on private premises only. You are solely responsible for ensuring that you comply with any relevant rules, laws and regulations in your jurisdiction pertaining to the use of vehicles that have been equipped with, modified or otherwise fitted with products intended for off-road use or use on private premises.

  6. A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Sales Terms will be effective unless we both agree to the changes in writing.

  7. We may, in our absolute discretion, allow you to cancel your order at any time prior to acceptance of the delivery. If the product has already been shipped then you must pay the costs of return shipping and a restocking fee which is 20% of the purchase price.

  8. All products requiring installation must be installed by a properly qualified installer. You should retain evidence of installation such as the installer’s invoice.

  9. Unless otherwise required by law we do not offer refunds on navigation maps and speed cameras.

• 3. Price and Payments

  1. You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product/service, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any delivery and insurance charges will be separately shown.

  2. Please be advised that your country may impose duty fees, or other taxes based on the product origin and/or value. These fees and taxes are based on your country’s import policy, and may be imposed in addition to the purchase price and shipping/handling fees collected by us prior to shipment. All such fees and taxed will be your sole responsibility and any and all such fees or charges incurred by us will be charged to you and payable by you. We are not responsible for such fees and taxed on returned items.

  3. You must pay for the product/service by one of the methods set out on the Site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

  4. If you make a payment by way of credit card, you warrant that the information provided to us is true, accurate and complete, that you are authorised to use the credit card to make the payment, that the payment will be honoured by the card issuer, and that you will maintain sufficient funds in the account to cover the purchase price.

  5. Nothing prevents us from taking any action necessary to recover unpaid fees. If you fail to pay, your information will be passed on for collection and/or legal action. You acknowledge and agree that you are liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expenses. If you at any time exceed our payment terms and as a result are passed on for collection and/or legal action, we may place a default against you with a credit reporting agency.

  6. Finance is provided by a third party. They might charge interest on any unpaid amounts. If you do not pay by the due date, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.

• 4. Installations

  1. We offer installations and installation referrals across the board in relation to upgrades for vehicles and automotive electronic equipment. You can request an installation or a referral by completing the booking form found on the Site. On request by you, we may provide you with contact details of third party service providers. This is not a recommendation by us for you to seek their advice or use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or any failure to advise or provide services.

  2. A binding agreement does not come into existence between you and us by virtue of the fact that you have submitted a booking form or sought an installation referral.

• 5. Availability and Cancellation

  1. All purchases made with us are subject to availability. We do our best to keep in stock most products, ensure that services supplied by us are made readily available to you, and to keep the Site up to date with availability of products and services.

  2. If there is a considerable delay in dispatching your order or supplying services to you, or if for any reason we cannot supply a product or service you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit or to put your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for a product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery/supply once the product/service is available.

  3. We will endeavour to supply out of stock products to you within 20 business days of you placing an order for the product with us.

• 6. Delivery and Supply of Services

  1. Location: We deliver worldwide, unless otherwise stipulated on the Site from time to time. Please refer to the delivery information on the Site to check that you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

  2. Cost: We offer free delivery for some products to some areas, as set out on the Site. If free delivery does not apply, a delivery fee will apply, as set out on the Site.

  3. Timing: We will normally dispatch the product within 1 business day from the receipt of your 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. We will deliver the product to the place of delivery you specify when making your order.

  4. Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt at delivery.

  5. Method: We may deliver the products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery you will be notified, generally by the delivery company leaving a card with contact details, so that you can arrange another delivery time and date.

  6. Title: Title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

  7. Supply of Services: In circumstances where you purchase services through the Site, you acknowledge and agree that the services will be supplied to you at 45 Wises Rd, Buderim, QLD 4556 or such other locality advised by us from time to time (Address). You are solely responsible for ensuring that you deliver your vehicle to the Address for the purpose of having the services supplied to you at the date and time mutually agreed by the Parties. If you cannot deliver your vehicle to the Address at the mutually agreed date and time you must provide us with at least 48 hours’ notice. If you do not provide us with at least 48 hours’ notice we may, in our absolute discretion, charge a rescheduling fee. Please ensure that you have your quote number with you at the time of attendance.

  8. Missing and damaged products: We will refund or replace any products that are damaged or go missing while in transit at no penalty to you.

• 7. Discount Codes and Promotions

  We may from time to time offer promotional discount codes, which may be applicable to goods and services on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.

• 8. Intellectual Property

  1. Intellectual Property includes but is not limited to:

     1. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;

     2. all rights in respect of an invention, discovery, trade secret, secret process, knowhow, concept, idea, information, process, data, formula or work product; and

     3. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;

  2. We own all Intellectual Property rights in the Site, business, products, services and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.

  3. You must not breach our Intellectual Property rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as on-sale to third parties.

• 9. Dispute

  Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:

  1. The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

  2. If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

  Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity

• 10. Consumer Law, Return, Refund and Exchange Policy

  1. ACL: Seller’s goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law in the Consumer and Competition Act 2010 (ACL). Nothing in the Sales Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which may not be limited or excluded.

  2. Goods and Services: If you are a consumer as defined in the ACL, the following notice applies to you:
     "Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for 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. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.”

  3. Warranty: Unless otherwise stated on the Site or advised by us, we provide an express 1 year product warranty on all products sold through the Site (Warranty). The Warranty does not apply to brake components, clutch components, electrical components or products you have purchased from us for the purpose of wholesale or resale. To the extent permitted by law, this Warranty only covers the repair or replacement of a defective product or the refund of monies payable by you to us in respect of a defective product. It does not cover any loss, damage, cost (including legal costs), expenses (whether direct, indirect, special, consequential and/or incidental), loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation or any loss or damage relating to business interruptions or otherwise, suffered by you or claims made against you, arising out of or in conjunction with a breach of this Warranty. Please contact us to ascertain the procedure for making a Warranty claim.

  4. Repair, replacement or a refund: : If you wish to seek repair, resupply, replacement or a refund for a product or services, please contact us and we will explain the requirements to you. This may include you providing proof of purchase, completing a warranty form found on the Site and providing us with evidence of the fault or failure. We will endeavour to process all claims within 2 weeks of receiving the claim.

  5. Refund: If you are entitled to a refund under the ACL, we will only give you the refund once evidence of fault or failure is received by us, or where relevant we have received the product at our premises and inspected it and assessed whether it is eligible for a refund under these Sales Terms. Any refund we make will be by the same payment method used to purchase the product or service.

  6. Damaged products: Subject to this clause, we will not accept or return any product that has been misused, modified, damaged, or if your product is custom-made or is a special buy product.

  7. Packaging: You must adequately package, insure and ship any product you are returning to us to ensure that it is not damaged during return delivery to our warehouse. All products are to be addressed and shipped to Euro Car Electronics Pty Ltd, 45 Wises Rd, Buderim, QLD 4556.

  8. Change of mind: We do not accept refunds for change of mind.

• 11. Limitation of Liability and Disclaimers

  1. While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site

  2. Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms.

  3. To the extent permitted by law, we exclude all conditions and warranties, except for your rights including but not limited to:

     1. we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms;

     2. we take no responsibility for, and will not be liable for the Site, products or services being unavailable; and

     3. we will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage.

  4. To the extent permitted by law, our total liability arising out of or in connection with the products, the services or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Terms.

  5. This clause will survive termination of these Terms.

• 12. Amendment

  These Sales Terms may be amended from time to time without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Sales Terms before purchase. Our agents, employees and third parties do not have authority to change these Sales Terms.

• 13. Indemnity

  You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

• 14. General

  1. Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

  2. Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

  3. Termination: We reserve the right to refuse supply of the products or services ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Site at our sole discretion, without incurring any liability to you.

  4. GST: : If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Sales Terms you agree to pay us an amount equivalent to the GST imposed on these charges.

  5. Relationship of Parties: These Sales Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.

  6. Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Sales Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.

  7. Notice: Any notice in connection with these Sales Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.

  8. Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Sales Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Sales Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

  9. Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.

  10. Severability: If any of these Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  11. Jurisdiction and Applicable Law: : Your use of the Site and any dispute arising out of your use of it is subject to the laws of Queensland and the Commonwealth of Australia. These Sales Terms are governed by the laws of Queensland and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Queensland. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

  12. Entire Agreement: These Sales Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 

For any questions or notice, please contact us at:

Euro Car Electronics Pty Ltd ABN 84 168 788 029
45 Wises Rd, Buderim, QLD 4556

1. contact form

2. warranty form

LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.