Terms and Conditions

1. Terms & Conditions

1. User agreement

By visiting and/or using nutsabout4wd.com.au website and its associated services and functions ("Website") you agree to be bound by this user agreement and the terms of Nuts About 4WD Pty Ltd’s Privacy Policy ("agreement").
This agreement is formed between anyone who visits this Website ("you" and "your") and Nuts About 4WD Pty Ltd (ABN 60 156 318 759) of 530–534 Hawthorn Road, Caulfield South Vic 3162 ("we", "us" and "our").
If you do not agree to any provisions of this agreement, you must not use the Website.
We reserve the right to make changes to this agreement from time to time at our sole discretion. These may take effect immediately. By continuing to use the Website following the making of those changes, you agree to be bound by the changes. You should check our agreement and policies from time to time, especially when ordering goods, to acquaint yourself with the current versions of those documents.

2. Registration

In order to make purchases and access some features of the Website, you will need to be a registered member.
You may not use another member's account without their permission.
When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
You will be required to have a username. For promotional purposes you agree that we may display the usernames corresponding with the purchasers of the last few orders received. This will be in the form of "username (2^nd, 3^rd order, etc) just bought". We recommend you do not use your real name as your username.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
The Website also allows you to log in using Facebook Connect ("FB Connect"), a Facebook, Inc. application that enables the Website to work just like the platform applications you find on www.facebook.com ("Facebook"). If you allow the Website to connect with Facebook, you will be able to use your Facebook login information to log into the Website, and you will be able to publish your activity on the Website to your Facebook profile.
Whenever to do anything on the Website that you might want to publish to Facebook, we will ask you whether you want to publish that activity on your Facebook news feed. We will not generate or publish any Facebook news feed and/or other stories about actions you take on the Website without your permission.
Additionally, by using FB Connect, you permit the Website to access Facebook information related to you (including your profile information, friends, and privacy settings) so you can use your Facebook information on the Website, and so that we can help improve your use of the Website and our services (e.g. by delivering advertising that we think will be of most interest to you) and allow you to interact with your Facebook friends on the Website. In order to make FB Connect possible, you agree to allow Facebook to check your Facebook cookies when you are visiting the Website, and allow Facebook to receive information concerning the actions you take on the Website (which we will only send with your permission). If you want to otherwise limit the ways in which the Website interacts with your Facebook account, you can always disable this feature by changing your application settings in Facebook.

3. Legal Capacity

By making an on-line purchase you accept these terms and conditions and acknowledge that you:
- are over 18 years of age, and/or
- are entering into a legal contract with us.
Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

4. Supply of services to You / Termination

We reserve the right to change (including to alter, remove or add functionality) the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change. We may stop (temporarily or permanently) providing access to the Website to you or to visitors or members generally, at our reasonable discretion and without prior notice to you. This will not affect any concluded purchases that you have made. We may terminate your account or restrict your access to the Website without prior notice to you if we reasonably consider that there has been a breach of this agreement by you.

5. Disclaimer

We will provide services with due care and skill but except to the extent required by law we do not warrant that the Website will be provided without fault or disruption. To the extent permitted at law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the Website;
- you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
- personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from our Website;
- any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
- failures or deficiencies in relation to the merchantability or fitness for any purpose of any product or service appearing on any linked sites not operated by us or our related entities.
Except if and to the extent only required by law or as otherwise set out in this agreement, we do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party at the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is http://nutsabout4wd.com.au with no characters before or after "nutsabout4wd.com.au".
Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
It is important that you determine prior to purchase, whether a product:
- is suitable for use on the intended vehicle;
- when fitted, will impact the ability to use that vehicle on a public road; and
- will infringe any laws when fitted or used,

as we accept no liability in relation to those matters. It is up to you to satisfy yourself as to the above matters prior to purchase or installation. We recommend that you check with the relevant government authority (eg. Vic Roads, Road Traffic Authority etc.) if the products may be fitted and used on the intended vehicle or a public road. We will not be liable to you in any way resulting from any loss, cost or damage incurred by you, a third party or to a vehicle to which our products are installed or used due to incorrect fitting, illegal use or otherwise.

You agree that by using the products and / or installation of the same, that you will assume all risk and responsibility for any potential damages, claims or loss that may be incurred by you as a result.
It is up to you and the person fitting the products to make sure that they work correctly and are installed appropriately and in compliance with all laws. We do not give any legal advice in relation to the laws or regulations of any products sold by us in relation to their use.

CAUTION:

Installation of products purchased from this Website may, upon installation or use with the intended vehicle, void that vehicle’s warranty. You should check with the vehicle manufacturer or the person providing the warranty to ensure that the installation or use of the products will comply with the terms of that warranty.
We recommend that all products sold by us be installed by an appropriately qualified and / or licensed installer.

6. Use of Website by you

You agree to use the Website only for purposes that are permitted by this agreement and not prevented by any applicable law or regulation.
You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

7. Information on this Website

Information about products on the Website is based on material and information provided by suppliers and manufacturers of products.
To the extent permissible at law we disclaim any liability in respect of inaccuracies or errors in relation to products or services promoted at the Website including where caused by incorrect information supplied to us or as a result of manufacturers or suppliers changing product specifications without notice to us.
You agree to make your own enquiries to assess the suitability of the products before you purchase and subsequently use.

8. Orders

The display of products on the Website does not constitute an offer to sell. It is an invitation to treat only.
Orders placed by you are offers to purchase particular products under the terms and conditions in this agreement at the price specified (including delivery and other charges).
We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.
You may cancel your order only if we have not started processing it or otherwise with our prior consent. Where an order is cancelled in the permitted circumstances, we reserve the right to charge a cancellation fee of 20% of the purchase price or $25 (whichever is lower) being a genuine estimate of the administrative costs associated with the cancellation.

9. Maximum Purchase Amount

Where a product is advertised as being subject to a maximum number of units that may be purchased, you may not purchase more than that maximum number.

10. Price

The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
Unless stated otherwise at the Website, prices are valid only for the specified time period during which the products are advertised for purchase. If a product is advertised subsequently, its price may change.

11. Payment

All payments must be received in full prior to dispatch of products. Please read the Payment section of the Website for details of payment options.
If your payment is not received or declined by your bank or credit card issuer, we cannot hold products against your order.

12. Supply of Products

Subject to this agreement, we will supply to you the products shown on your order confirmation.
You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the Delivery section of the Website for delivery options and details.
We may allow personal pick up of products however full payment will need to be made via the Website prior to pickup

13. Risk and Title

We retain ownership of goods ordered through the Website until payment is received in full.
Risk in goods, such as loss or damage, passes to you upon delivery.

14. Returns / store credit

Please choose carefully as we are not obliged to provide a refund or allow an exchange simply because you changed your mind about a purchase.
We encourage you to contact the product manufacturer in relation to any issues you may have with the products.

15. Packaging and Labelling of Products

We endeavour to depict products available for purchase using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.

16. Products Out of Stock

We reserve the right to notify you that products for which you place orders have become unavailable. Subject to clause 8, in the event that you order a product from the Website and we later inform you that we no longer stock the product you had originally ordered, we may do one of the following:
- provide you with a credit or refund to the value of the product that was not supplied to you including the delivery fee; or
- provide you with a substitute for the product of a quality and value equivalent to or greater than the originally ordered product.

17. Statutory Conditions and Warranty / Refunds/ Replacements

The Australian Consumer Law ("Law") which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a "major" failure, then the remedy will be limited to a refund or a replacement, at your election. In all other cases, a breach of such warranty will give rise to a refund or replacement at our election.
As supplier, we provide the following express warranties subject to the following terms and conditions:
- We will refund or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
- Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any shipping costs to return the original product to us.
- Replacement products are subject to the same warranties as the original.
- You must retain your proof of purchase for any manufacturer warranty claims.
- Refunds will be issued by direct deposit, cheque, credit to your credit card or PayPal at our discretion.
In order to obtain these remedies:
- You must notify us within a reasonable time of supply of the goods. In this context a 'reasonable time' is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In many cases this will be 7 to 14 days, but in some circumstances may be longer. Please contact us. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a Return Authorisation Number.
- Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.
- We aim to process refunds and replacements within 28 days of receipt by us of the original product.

We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
Goods that develop a defect after first use may also be covered by manufacturer warranty. You may also wish to contact the manufacturer regarding returns and repairs.

18. Links to third party websites and promotions

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained there.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of Nuts About 4WD Pty Ltd’s Privacy Policy. For example, the personal information you provide when registering on the Website may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation.

19. Intellectual property

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you correspond or otherwise communicate with us in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the Website, then you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.

20. Transfer and Assignment

In the event that we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer novate or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

21. Force majeure

We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

22. Applicable law

This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

23. Waiver

If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.

Last updated: 1 July 2012