Terms & Conditions
Terms and Conditions
About These Terms and Conditions
In
these Terms and Conditions "we" , "us", "AUTOPROMO" and
"AUTOPROMO.com.au" means AUTOPROMO of PO Box 101, Rosebery, NSW 1445
Australia, and "you" means you the customer. These Terms and Conditions
together with your Order constitute the entire Contract between us and
you for the supply of Products. The Contract cannot be varied unless we
agree to vary it in writing or by email.
Australian Sales Only
We currently sell and ship Products only within Australia. We do not deliver outside of Australia at this stage.
Legal Capacity To Transact
If
you are under the age eighteen (18) years you cannot place orders with AUTOPROMO. By accepting these Terms and Conditions you acknowledge
that you are over the age of eighteen (18) years. Should AUTOPROMO
suffer any damage or other losses as a result of a transaction entered
into by a minor, AUTOPROMO reserves the right to seek compensation for
such losses from the parents or guardians of the minor who caused any
order(s) to be placed with AUTOPROMO
Placing Your Order
You
may place an Order by filling in the Order Form on the AUTOPROMO Web
Site and clicking the "Submit My Order" button. When you place your
Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products
you have selected based on these Terms and Conditions. Information
contained on the AUTOPROMO website constitutes an invitation to treat.
No information on our website constitutes or should be deemed as an
offer by us to supply any Products; however AUTOPROMO will make every
effort to supply Products to you. We will notify you that your order is
being processed by sending you an Order Confirmation and tax invoice via
email; however, we do not formally accept your offer until your order
has passed our internal validation procedures for verifying the bona
fides of each order placed, for the purpose of preventing credit card or
payment fraud. AUTOPROMO and its affiliates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion. We will confirm acceptance of your
order when we send you an email confirming shipment of the goods you
have ordered. If we cannot process or accept your Order after payment is
received we will contact you by email or telephone.
Payment Methods And Processing
AUTOPROMO currently accepts PayPal, Visa, MasterCard, American Express and
bank deposit only. Payment processing will not begin until we receive
all the information we need. Orders placed on a weekend or a Public
holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding NSW Public holidays.
We process credit card and PayPal payments after you click the "Submit
My Order" button. Where you pay by Direct Bank Deposit you must pay the
price payable in Australian dollars as indicated on your Order
Confirmation within 5 days from the date that you receive your Order
Confirmation. If a Direct Bank Deposit payment is not received within 7
days from the date that you receive your Order Confirmation, AUTOPROMO
reserves the right to cancel the transaction. For credit card and
PayPal payments we will email a tax invoice to you with your Order
Confirmation. Where you pay by Direct Bank Deposit a tax invoice will be
sent to you via email after your payment has been confirmed. Your tax
invoice is your proof of purchase.
Please Note:
We are unable to accept credit cards issued by banks outside of Australia.
Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
You may be required to provide further identification for additional security reference checks.
GST
AUTOPROMO purchases include GST.
Prices
AUTOPROMO always seeks to list Products with the most competitive prices. AUTOPROMO reserves the right to change prices for Products displayed
at AUTOPROMO at any time before you place an Order. The price of some
products shown excludes shipping costs. Shipping cost may also be shown
separately on the product page but may be recalculated based on how many
and what items you place in your shopping cart. Some products are
offered with Free Shipping. This will be indicated through the checkout
process prior to submitting your order.
Supply Of Your Products
Subject
to these Terms and Conditions, we will supply to you the Products
indicated on your Order Confirmation. When your Order items have been
dispatched, we will email you to confirm shipment of each item including
a tracking number for each item.
Delivery Of Your Products
Delivery
time may take up to 14 working days from the date your payment is
received. Please note that Direct Bank Deposit payments may take 1-2
business days to process. Where you have purchased a Product that is
dispatched from our overseas warehouse, delivery time after payment
processing may take up to 3 weeks. In all instances estimated delivery
times will be displayed at the check out for your Product. AUTOPROMO
makes every effort to deliver your Product according to the estimated
delivery times provided by AUTOPROMO at checkout. The estimated
delivery times are in business days (Monday through Friday) excluding
Public holidays. Although every effort is made to ship your Order
according to the estimated delivery times provided, estimated ship times
may change due to changes in supply or circumstances beyond our
control. If your Product has not arrived after the estimated delivery
time, please contact us here. We encourage you to visit the “Your
Account” section on our website to view the delivery status of your
Products. Unless otherwise agreed by us, we will deliver your Products
to the address indicated on your Order Confirmation. If no-one is
available to take delivery of your Products, our carrier (Australia
Post) will leave a card so you can pick-up your Product from your local
Post Office. Where delivery is by our courier service or third party
carrier/s and no-one is available to take delivery, they will leave a
card requesting you to contact them to arrange a reasonable time and
date for delivery. Delivery dates and times quoted by us, our carriers
and contractors are estimated times only. We will use our reasonable
efforts to deliver your Products to you within the estimated delivery
time for your order; however, we do not guarantee that we will deliver
within this time frame. Title and risk of loss to all Products will pass
to you on delivery.
Consumer Guarantees
Consumer
guarantees apply under the Australian Consumer Law. Nothing in these
Terms and Conditions excludes the application of those guarantees. For
more information about your rights as a consumer, see the Australian
Consumer Law website at http://www.consumerlaw.gov.au. If a Product has a
minor defect, we will provide a repair or offer you a replacement or a
refund. If a Product has a major defect, you are entitled to:
reject the goods and receive a refund
reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
keep the goods and receive compensation for the drop in value caused by the problem.
If
you believe that a Product is defective you should contact our Customer
Service Warranties and a AUTOPROMO Customer Service Representative
will assist you. Further documentation/Evidence may be requested to
assist with the assessment of your claim. Where a Product is deemed
defective by us and needs to be replaced or repaired, return shipping
will be arranged at the expense of AUTOPROMO . If a Product is
replaced, your replacement Product becomes your property and the
returned Product becomes our property. When a refund is given, the
returned Product becomes our property. If assessment of the item can
only be conducted at our premises as the result of insufficient or
inconclusive information in support of your claim, you will need to pay
for any associated costs of having the item returned to us until the
item can be examined further.
Additional AUTOPROMOWarranties
AUTOPROMO also offers the standard warranty against defects and
workmanship on all new Products. You also have consumer guarantees under
the Australian Consumer Law (see above). If you believe that a new AUTOPROMO product has a defect, you should contact us by email
info@AUTOPROMO.com.au We encourage the
notification of claims under this warranty within 14 days by paying for
the return of a Product where a claim is notified within that time and
we determine that the Product is defective. Where claims are made more
than 14 days after delivery, we will require details of the concern
along with full details about the way the product has been used before
authorising return of the product. Where a product is authorised for
return AUTOPROMO will pay the cost of returning the product. If you
are asked to return a product, follow the instructions given in
Returning a Product below. Where a refund is given for a product and the
claim is not covered by a consumer guarantee, it may be given as a
Refund Credit to Your Account. Our goods come with guarantees that
cannot be excluded under the Australian Consumer Law. 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. Replacement Products are covered by the same AUTOPROMOwarranty as that applicable to the original product. They are also
covered by consumer guarantees (see Consumer Guarantees above).
Returning a Product
Returning a product if you change your mind
Due
to the nature of customisation of design and manufacture , we cannot
exchange the majority of our products. Consumer guarantees (see above)
apply to products where the actual order differs from what you have
received, or in the event of defect in workmanship or otherwise,
Return Authorisation Number - A Must Have
A
Return Authorisation (RA) number is required for replacement Products
and refunds. Where Customer Service has provisionally determined that a
Product is defective , Customer Service will issue you with an RA.
Products cannot be returned without an RA. The Product should be
returned to AUTOPROMO within 30 calendar days of the issuance of the
RA. Where possible, all Products should be packed in the original,
unmarked packaging including any accessories, manuals, documentation and
registration that shipped with the Product. If the accessories are not
included, only a partial refund will be applied.
Organising the Return of Products
Products
must be returned whenever we agree to provide you with a refund or
replace the Product. Where you received a defective Product by Australia
Post eParcel, Customer Service will email you a PDF voucher containing
an RA which you must affix to the product. AUTOPROMO will work with
you regarding returned items automatically if you notify us immediately
of your intention to return. You must then take the Product to any
Australia Post Office for return. Where you have received a defective
Product , we will make arrangements with you regarding return shipping.
When a Replacement Product is arranged
A replacement for the same Product that you ordered will be shipped to
you at our expense after we have received your returned Product, or
examined your order on a one on one basis.
The delivery time for the replacement Product will be the same as stated for the original Product.
Some Products - Manufacturer Warranty
Some
Products sold through AUTOPROMO are serviced and supported by the
manufacturer or supplier. AUTOPROMO recognises that customers
purchasing some products, require a high level of support therefore we
would ask you to contact the manufacturer or supplier for
trouble-shooting assistance. If the manufacturer or supplier is unable
to assist, and the product is covered by a consumer guarantee, AUTOPROMO will provide a suitable remedy.
Products with User-Generated Data Capabilities - Repairs
The
repair process of your goods may result in the loss of some or all
user-generated data. Please ensure that you have made a copy of any data
saved on your goods prior to submitting it for repair. Goods returned
for repair may be replaced by refurbished goods of the same type rather
than being repaired. Refurbished parts may be used to repair the goods.
Your Data - Use And Protection
By
placing your Order, you agree that we may store, process and use data
collected from your Order Form for the purposes of processing and
delivering your Order. If you so indicate on the appropriate section of
your Order Form, by placing your Order you also agree that we may use
such data, other than credit card details, in order to provide you with
information from time to time on other AUTOPROMO Products that may be
of interest to you. If you do not agree to our using such data in order
to provide you with information on other AUTOPROMO Products, you
should indicate your non-agreement on the appropriate section of your
Order Form. You may obtain a copy of the data held by us concerning you
on request in writing. We reserve the right to charge an administration
fee for processing such request. If any data held by us concerning you
is incorrect, we will correct it on your written request. Please refer
to our Privacy Statement.
Credit Card Fraud
While AUTOPROMO employs Secure Sockets Layer (SSL) technology software for
its transactions with our customers, AUTOPROMO will not be responsible
for any damages, consequential losses (whether direct or indirect)
suffered by a customer whose credit card is fraudulently used or is used
in an unauthorised manner.
Fraud Protection or Prevention Procedures
When
you place your Order by either a Credit Card or PayPal you may be sent
an email from our Fraud Prevention Officer requesting further
information, such as a copy of your credit card and drivers license for
identification. After verification this information will be destroyed.
In this case, until your order has passed internal Fraud Prevention
procedure checks your order will remain on Pending status. If you do not
provide the requested information within 7 days, your order will be
cancelled and your payment will be refunded back to the method in which
you paid. These information requests are sent to help protect Credit
Card and PayPal account holders from online fraud.
General
You
shall not assign any rights and obligations under these Terms and
Conditions whether in whole or in part without the prior written consent
of AUTOPROMO. Any unauthorised assignment shall be deemed null and
void. If any provision of these Terms and Conditions is held by any
competent authority to be invalid or unenforceable in whole or in part,
the validity of the other provisions of these Terms and Conditions and
the remainder of the provisions in question shall not be affected
thereby. Neither our failure nor your failure to enforce any Term or
Condition constitutes a waiver of such Term or Condition. Such failure
shall in no way affect the right to later enforce such Term or
Condition.AUTOPROMO reserves the right to change the Terms and
Conditions of sale at any time. The Terms and Conditions applicable to
you are those on our website at the time you order A product. No AUTOPROMO employee or agent has the authority to vary any of the Terms and
Conditions governing any sale.
Force Majeure
To
the extent permitted by law, AUTOPROMO is not liable for any delay in
performing any of its obligations under these Terms and Conditions if
such delay is caused by circumstances beyond the reasonable control of AUTOPROMO, and AUTOPROMO shall be entitled to a reasonable extension
of time for the performance of such obligations.
Governing LawThese
Terms and Conditions shall be governed by and construed in accordance
with the laws of New South Wales and shall be subject to the
non-exclusive jurisdiction of the courts of New South Wales