Web Site Usage Terms and Conditions
Updated November 2017
Terms and Conditions Contents
- Introduction
- Information on the Website
- Trade Marks
- External Links
- Public forums and User Submissions
- Specific Use
- Warranties
- Disclaimer of Liability
- Use of the Website
- General
- Payment
- Provisions
- Purchase Terms and Conditions
- Online Policies
1. Introduction
The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information and services contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. As a user/visitor of this website you acknowledge that interacting in any way with this website including any transactions you make is subject to our terms and conditions below (which includes any other important sections on our website e.g. Delivery Details, Returns, exchanges and refunds, and Privacy policy.
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trademarks
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the Website Owner or of their respective owners. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the owner of the trademark.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. Please contact us if you would like to request a link to your website. No guarantees are made that any link requests will be granted.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, comments, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
5.4 violate any copyright, trademark, other applicable Australian or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
7. Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
8. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Australia ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10. General
10.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
10.2 Alteration
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
10.3 Conflict.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
10.4 Waiver.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
10.5 Cession.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
10.6 Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of NSW, Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of NSW, Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
11. Payment
We take payment from you at the time we receive your order. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given when requested where you have already paid for the goods if the product is not in stock, or you may wait for new stock to arrive. To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions: a) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund unless your order has already been packed or shipped in which case a 5% restocking fee plus shipping costs may apply. Payment can be made by any method specified in TRUST. Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. All prices are shown in AUD and indicate if they include tax at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see Delivery Policy for further details).
12. Provisions
The contract between us shall be governed by the laws of Australia and any dispute between us will be resolved exclusively in the courts of Australia. English is the only language offered for the conclusion of the contract. Our maximum liability arising out of or in connection with the products shall be limited to the replacement value of the product in question. In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition. These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Skate-Parts.Com relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Skate-Parts.Com for your use of this website.
The Skate-Parts.Com website is operated by: MJB Initiatives Pty Ltd 37 Newport Rd, Dora Creek NSW 2264.
13. Purchase Terms and Conditions
13.1 Shipping
If Skate-Parts.Com (“MJB Initiatives Pty Ltd” or “we”) has your product(s) in stock, we will email you a shipping and payment notice confirming that the items have shipped and are en-route to you and that your payment has been received; that notice is our acceptance of your order. In-stock orders (excluding special delivery items) normally ship within 3 business days of placing your order. Out-of-stock orders will ship once the item is back in stock. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method you have chosen.
You may contact us at:
MJB Initiatives Pty Ltd.
ABN 26 149 839 449
37 Newport Rd,
Dora Creek NSW 2264 Australia
info@skate-parts.com
13.2 Acceptance of orders
We may limit quantities available for sale or sold, and we reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our Website, we will provide you with an opportunity to place an order at the correct price assuming such product is available.
Advertisements on our Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and delivered order information constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send an email shipping notice to your email address. That shipping and payment notice email constitutes our acceptance of your order and forms a legally binding contract with MJB Initiatives Pty Ltd., which operates Skate-Parts.Com. The total price of your order will be charged to you.
If an order cannot be filled because the product is not available for shipment (such as back-ordered or pre-ordered products), customer service will notify you and you will be given the option to change the order, cancel the order or wait for the missing stock to be shipped.
If you wish to cancel an order, you may request a cancellation by emailing info@skate-parts.com. However, if we are not able to receive and process your cancellation request before we accept and ship your order, your cancellation request may not be effective. Order cancellations will be subject to a 5% cancellation fee. Please decide carefully and take note of whether or not the product you are ordering is in stock and whether or not there is a wait time before it can be shipped.
We retain the right to either approve or deny any overseas transaction at our discretion.
All orders placed undergo an internal order verification process. During this process, an order may be approved or denied at our discretion.
13.3 Returns, Cancellations and Substitutions
We offer a 14-day return policy, please refer to our Returns section. In the unlikely event that you receive faulty or damaged goods, please refer to our refunds section. Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may, therefore, supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our 14-day return policy. Where applicable, you may cancel your order in accordance with your consumer rights, however, your order will be subject to a 5% cancellation fee. All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
14. Online Policies – These policies apply to online sales transactions and are part of the Terms and Conditions of Use
14.1 Methods of payment
You can pay for any purchase you make online by using your American Express, MasterCard or VISA card through our website. You can also pay for any purchase you make online through Paypal, via bank deposit, or by sending us a cheque.
14.2 Purchasing by children under 15 years old and minors
For the protection of our shoppers, it is our policy to not sell to children under 15 years of age. If you are a minor and wish to purchase from our online store, please have a parent or legal guardian make the purchase for you.
14.3 Errors and misprints
If we make an error, we may correct or cancel an order at any time, and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges), and/or correct the error on our Website. In the event that you are shipped an incorrect product, we will accept the return of the unit and provide you with a refund or replacement.
If we discover that a product’s description or specifications are misstated or incorrect, we will endeavour to correct the error.
14.4 Delivery
Delivery is subject to warehouse availability. Out-of-stock items will be shipped as soon as possible, upon arrival from the manufacturer. Please take shipping time into consideration.
See our Privacy Policy for more information.