Terms & Conditions
These terms and conditions apply to all purchases made from AHCS Automotive Performance.
1. Orders & Delivery:
All orders placed through this web site are subject to confirmation and acceptance by AHCS Automotive Performance. AHCS Automotive Performance may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If AHCS Automotive Performance requests payment for increased prices, you may cancel the order by giving notice to AHCS Automotive Performance, which must be received within seven days of the announcement of the increase. AHCS Automotive Performance or its agent will deliver the goods you ordered to the address you specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available you will be notified of this by AHCS Automotive Performance as soon as possible. Anyone at the delivery address who receives the goods will be presumed by AHCS Automotive Performance to be authorised to receive the goods. If your goods include products in respect of which the law prescribes a minimum age for purchase, you must be over the age of 18 years (or such other minimum age as is prescribed by the law), and you must ensure that a person over that age is available to accept delivery of the goods. AHCS Automotive Performance may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. If there is no-one at the delivery address or no-one of appropriate age to receive and pay for the order, AHCS Automotive Performance may charge you additional delivery fees. Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged.
Unless you notify AHCS Automotive Performance to the contrary by email, telephone, or facsimile transmission within fourteen (14) days of delivery of any Products and such notification is confirmed in writing within seven (7) days of its receipt by AHCS Automotive Performance, the Products shall be deemed to have been accepted by you.
AHCS Automotive Performance will accept product returns and provide you with a replacement for the Product (subject to availability), a credit to your account, refund or repair where:
- The Product delivered is faulty or is not of merchantable quality, or
- The Product delivered is not fit for its intended purpose, or
- The Product delivered does not match the description on the Site.
If the Product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the Site or covered under a warranty from the manufacturer, then please contact us on 03 52723023 or email email@example.com and our Customer Service Team will assist with your request. To enable us to evaluate your return request, please provide us with,
- proof of purchase be it the order number, invoice number or receipt number;
- a detailed description of the problem and/or the reason for your request;
- picture(s) of the product that is damaged during transportation, please email to firstname.lastname@example.org;
- Your name and contact details.
We evaluate your return request and issue you with a Returns Authorisation Notice once we have received details of your return request.
For products that are covered by a warranty from the manufacturer of the product, we will where possible assist you to obtaining manufactures contact details and if necessary assist you with your warranty claim (we do not guaranty the outcome of your claim, we may provide personal details to the manufacture to assist your claim).
For any other products we will send you full return instructions and return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.
3. Prices & Payment:
The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, AHCS Automotive Performance reserves the right to change prices at any time. All prices shown are in Australian Dollars (AUD).
For each online order, you must pay the applicable price including GST for the relevant goods confirmed by AHCS Automotive Performance; and the delivery and handling fee specified on the web site at that time.
Your order and credit card details are safe and secure. We accept payments by credit card or direct deposit an tax invoice will be issued which contains our banking details. Payment must be cleared before the goods are dispatched unless you have approved credit facilities with AHCS Automotive Performance. Prices and range on this web site may vary from AHCS Automotive Performance stores.
All our products are sent to you in good condition and packaged correctly; we cannot guarantee the condition of the product on arrival.
5. Your Account
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify AHCS Automotive Performance in connection with any use (whether authorised or unauthorised) of your user name or password. AHCS Automotive Performance may suspend or cancel your account at any time without prior notice.
6. Images and Graphics
AHCS Automotive Performance aims to include up-to-date images and/or graphics of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before using the goods.
AHCS Automotive Performance will comply with AHCS Automotive Performance's Privacy Statement.
AHCS Automotive Performance will not reveal your personal information to external organizations except for the purposes of fulfilling your order or assisting you with your warranty claim.
Any liability of AHCS Automotive Performance in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of AHCS Automotive Performance be limited to:
1. in relation to goods, the replacement of the goods or the supply of equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
9. Changes To Terms
Each order is governed by the terms and conditions current when the order is placed. AHCS Automotive Performance may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
10. Applicable Law
All purchases, and these terms and conditions, are subject to the laws of Victoria, Australia.
Exclusion and limitation of liability
TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
1. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
2. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
a. in relation to goods
i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
ii. the repair of the goods or payment of the cost of having the goods repaired;
b. in relation to services
i. the supplying of the services again; or
ii. The payment of the cost of having the services supplied again as in each case we may elect.
© 2012 AHCS Automotive Performance, All rights reserved