KLR PARTS – TERMS AND CONDITIONS
Acceptance
Welcome!
This website (Site) is operated by KLR Parts Pty Ltd ACN 631 597 549 (we, our or us). It is available at: www.klr.com.au and may be available through other addresses or channels.
By accessing and/or using the Site you: (i) warrant to us that you have reviewed these terms and conditions, including our Website Terms of Use and our Privacy Policy (available on the Site) (Terms), and (ii) agree to use the Site in accordance with the Terms.
We are always looking to improve our services. If you have any feedback or a complaint, please notify us through the contact form on our Site and we will take reasonable steps to address any concerns you have.
Registration
(a) You may purchase products from us without an account or you may choose to create an account with us which allows you to access additional functionality which may include your order history, track new orders, save items to your wish list and check out faster. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
(b) When you make a purchase, you will be asked to input basic contact information, such as name, shipping address, billing address and payment details and if you choose to create an account, you will choose a username and password. 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.
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 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.
(c) 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.
(d) It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site. It is also your responsibility to check whether the product is suitable for your vehicle.
(e) 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 an order number, an order ID, tracking number, the delivery and billing addresses and a description of what was ordered. You may also track your order on your account page.
Price and payments
(a) You must pay us the purchase price of each product you order plus any applicable taxes and delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause.
(b) You must pay the Price upfront using one of the methods set out on the Site, (such as credit or debit card, direct transfer and PayPal) and 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, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price. We display Australian GST (where applicable) and any applicable delivery costs separately from the product price.
(c) Amounts on the Site are displayed in the currency you select or automatically based on your IP address. Any amounts displayed on the Site other than Australian dollars are calculated using BigCommerce’s Currency Service which is a live exchange rate, updated twice a day. At the checkout, the amounts are displayed in Australian dollars and you will be charged in Australian dollars.
(d) We may offer PayPal as a payment method on our Site. Payment using PayPal is subject to PayPal’s terms and conditions (available via: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_AU).
(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.
Returns
(a) We are not obliged to accept returns for change of mind or other circumstances. We may accept returns in some limited circumstances, as set out in our Returns Policy. Please contact us through the contact form on our Site.
KLR Recommended
(b) Some products may be marked as ‘KLR Recommended’. ‘KLR Recommended’ indicates that we know the product and that the product comes from trusted manufacturers and suppliers. You acknowledge and agree that:
(1) neither the indication of a product as ‘KLR Recommended’, nor anything in these Terms, constitutes a warranty against defects for these products in addition to your rights under the Australian Consumer Law; and
(2) nothing in these Terms or on our Site indicates that products that are not ‘KLR Recommended’ are of inferior quality.
Australian Consumer Law
(c) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. 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 and 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. 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.
(d) Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(e) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
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) You acknowledge and agree that, unless otherwise specified in the product description, all products sold on our Site, including ‘KLR Recommended’ products, are not specific to one brand. If the product photo shows or the description lists a specific brand, you acknowledge and agree that we may provide you with the same or similar part of a different brand.
(c) 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.
Delivery, collection, title and risk
Delivery
(a) If you choose for us to deliver the products, we will deliver the products to the shipping address you provide when making your order. We currently deliver to Australia and internationally to some areas. 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 2 New South Wales business days 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) (d) We may deliver the products using a range of delivery methods, including currently Australia Post, Zoom2U and TNT. You may be required to sign for the delivery. If neither you nor your authorised representative is at the shipping address to accept delivery, the delivery company will generally deliver the products to your nearest post office or to the delivery company’s nearest depot.
Collection
(e) If you choose to collect the products, we will contact you when your order arrives at our address using the contact details you provided when placing your order. All collections must be signed for either by yourself or your authorised representative. If for any reason you or your authorised representative are unable to collect the order on the nominated collection date, you must contact us to arrange another collection time. If you do not collect the products on the agreed collection date and you have not collected them within 14 days of being notified by us that your order has arrived in the showroom, we may charge a daily storage fee (as detailed on the Site) at our absolute discretion.
Title and risk
(f) 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.
(g) Risk in the products will pass to you as soon as they are delivered to the shipping address you provided in your order if you choose for us to deliver the products, or as soon as you have signed for the collection of the products, if you choose to collect the products.
Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
(b) You must not, without our prior written consent:
(1) copy or use, in whole or in part, any of our intellectual property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property;
(4) causing any of any of our intellectual property to be framed or embedded in another website; or
(5) creating derivative works from any of our intellectual property.
Limitations
(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) 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
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated 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.
(b) 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, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
Collection Notice
(a) We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy.
(b) We may disclose that information to third party service providers who help us deliver our services (including couriers, inventory management software providers, shipping and tracking software providers, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
(d) By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
General
Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
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.
Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
Photographs: If you provide us with photographs of the products including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
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.
Governing law: These Terms are governed by the laws of New South Wales, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales, Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
For any questions and notices, please contact us through the contact form on our Site.
KLR Parts Pty Ltd ACN 631 597 549
Last update: 15 May 2019
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