Terms and Conditions of Use ttf.com.au and Purchase of Products from The Tyre Factory
(See purchasing and Ordering conditions separately)
(Last updated: 07/04/2020)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
This Terms and Conditions of Use and Purchase of Products Agreement (the "Agreement") describes the terms and conditions applicable to your use of The Tyre Factory web site which is identified by the uniform resource locator ttf.com.au (the "Site") and the terms and conditions of the purchase of products from The Tyre Factory. This Agreement is entered into between you as the user of the Site or the purchaser of the products (the "Customer") and The Tyre Factory. ("The Tyre Factory", and, collectively with The Tyre Factory, "we" or "us").
1. Application of and Acceptance of Terms and Conditions
- For purposes of this Agreement, a "Customer" is any person who accesses the Site for whatever purpose, regardless whether such Customer has been registered with The Tyre Factory. A Customer includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
- By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a Customer. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
- The Tyre Factory reserves the right to make changes to this web site and these terms and conditions at any time without any prior notice.
2. Conditions of Use
- Customer may use this Site solely for their own personal or internal purposes. Each Customer agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Company Content") for the purpose of re-selling or re-distributing the Company Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), to assist with operating a business that competes with The Tyre Factory, or otherwise commercially exploiting the Company Content.
- Some of the Company Content displayed on this Site is provided by third parties ("Third Party Content"). Any Third Party Content is the sole responsibility of the party who provided the content. The Tyre Factory is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any Customer in connection with such Customer's reliance of such Third Party Content. In addition, The Tyre Factory is not responsible for the conduct of any Customer's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such Customer's conduct.
- The Tyre Factory may allow Customers access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. Customer acknowledges that The Tyre Factory has no control over such third party's web site and The Tyre Factory shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
- The Tyre Factory reserves the right to change any of the prices, range , features or introduce new features to the Site without prior notice. Each Customer acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each Customer hereby agrees that in no event shall The Tyre Factory be liable to the Customer or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
- No Customer or unauthorised individual shall undertake any scheme to undermine the integrity of the computer systems or networks used by The Tyre Factory and/or any other Customer and no Customer shall attempt to gain unauthorized access to such computer systems or networks.
3. Typographical Errors
- In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from The Tyre Factory's suppliers, The Tyre Factory reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. The Tyre Factory reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and paid. If the payment has already been made for the purchase and the order is cancelled, The Tyre Factory shall issue a full refund.
4. Registered Customers
- Each Customer who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, etc.) is a registered Customer of The Tyre Factory (a "Registered Customer "). The Tyre Factory will establish an account ("Account") for each Registered Customer and each Registered Customer is assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
- The Tyre Factory may suspend or terminate a Registered Customer's Account at any time by giving no less than 24-hour notice to the Registered Customer; provided, however, that notice is not required for such termination if, in The Tyre Factory's determination, there is any breach of the provisions of this Agreement by the Registered.
- Notwithstanding Section 3.1 above, The Tyre Factory may refuse registration and deny the issuance of an Account and associated User ID and Password to any Customer for whatever reason.
5. Order Acceptance
- All orders should be placed on-line through the Site and to the nominated store where possible. This helps minimise errors and speeds up the order process. Other forms of ordering (via email or phone orders direct to store) are handled separately but under these conditions may also accepted.
- All orders placed are subject to confirmation and acceptance by The Tyre Factory; The Tyre Factory reserves the right, without prior notification, to accept or decline Customer's order or limit the order quantity for any reason. ALL ORDERS MUST BE PAID IN FULL BEFORE DESPATCH.
- The Tyre Factory may vary prices for received orders in the event of price changes or mistakes made by suppliers. In the case of price increase, Customer may cancel the order by giving notice to The Tyre Factory, which must be received within seven days of the price increase notification.
- The Tyre Factory owns the title of any goods shipped with Customer's order that have been despatched in error. If item(s) received is not what was ordered please do not open the sealed package in which it was sent and contact The Tyre Factory immediately. Any attempt to use the incorrect item will be deemed to be an acceptance by the Customer of the item(s) and the Customer will be liable to pay a full price for the item(s).
- All goods remain property of The Tyre Factory until payment has been processed in full. Until the title passes, The Tyre Factory can retain, repossess and/or resell all goods.
- All prices quoted on Site are in Australian dollars and are GST inclusive. Freight will be quoted at time of receiving an order confirmation.
- All payments for orders placed on ttf.com.au are managed by The Tyre Factory Group Pty. Ltd.
Accepted payments are:
- Direct Bank Deposit / Internet Transfer (See Bank Details on Ordering Policy document)
Payable to email@example.com
- All prices are subject to change without notice. By placing the order, the Customer has agreed to pay the prices as listed on the order confirmation at the time the order was originally confirmed. Where the payment is made by the credit card, such payment is subject to the approval of the financial institution issuing the credit card and The Tyre Factory shall not be liable in any way if such financial institution refuses to accept or honour the credit card for any reason.
- The Tyre Factory may require additional verification or information before accepting any order.
7. Product Availability
- Although availability may be indicated on the Site, The Tyre Factory cannot guarantee product availability; and products, nonetheless, may not be available for immediate delivery. The Tyre Factory reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order.
8. Shipping and Handling Policy
- Availability or time line will be confirmed in the Order confirmation.
- Goods will be dispatched after the funds are available within The Tyre Factory accounts.
- Shipping and handling charges are not refunded for returns for any reason other than damaged shipment.
- Goods returned are the responsibility of the customer to pay the return cost and all goods must be received in original unmarked condition or refund will be refused unless otherwise agreed.
- On the registrations the Customers will need to enter their full address details. For each address entered the courier service level will be indicated.
- Requests by the customer for a specific carrier may affect shipping costs.
- It is The Tyre Factory policy to dispatch items ordered in the shortest possible time, but The Tyre Factory cannot be held responsible for any delays occurred whilst in transit. (See ordering policy for indicative times (indication only)
- The Tyre Factory reserves the right to change the standard rate without prior notice.
- The Tyre Factory reserves the right to ship by any carrier of its choice. We choose the courier service based on the most efficient manner of delivery as determined by us before shipment.
- The Tyre Factory reserves the right to change shipping and handling charge for any particular order for whatever reason. In this case the customer will be notified, and have an option of accepting or cancelling the order.
- The Tyre Factory welcomes back to the originating source of your order, all comments, feedback, information, or materials, which can be submitted to The Tyre Factory through or in conjunction with this Site ("Feedback"). Any Feedback is considered to be non-confidential and become The Tyre Factory's property. By submitting a Feedback to The Tyre Factory, Customer agrees to a no charge assignment to The Tyre Factory of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to its Feedback. The Tyre Factory shall be free to use Customer's Feedback on an unrestricted basis.
10. Limitation of Liability
- THE FEATURES AND SERVICES ON The Tyre Factory SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND The Tyre Factory HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
- The Tyre Factory MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.
- Any material downloaded or otherwise obtained through the Site is done at each Customer's sole discretion and risk and each Customer is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Customer from The Tyre Factory or through or from the Site shall create any warranty not expressly stated herein.
- Under no circumstances shall The Tyre Factory be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- Each Customer hereby agrees to indemnify and save The Tyre Factory, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Customer's use of the Site (including but not limited to the display of such Customer's information on the Site) or from its breach of any of the terms and conditions of this Agreement.
- The Tyre Factory shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Site;
- any defect in goods, samples, data, information or services purchased or obtained from a Customer or a third-party service provider through the Site;
- unauthorized access by third parties to data or private information of any Customer;
11. Governing Law
- The Tyre Factory and the Customer agree that the terms and conditions of use and the purchase of products shall be governed by the laws of the State of Victoria.