Unfortunately, these days it’s necessary to have “terms and conditions” however we seldom have to refer to them as we pride ourselves on our philosophy to offer great products & competitive pricing backed up my exceptional customer service – happy customers make pay days possible! We are ethical & professional in our business dealings & are contactable 5 days a week should you need to talk to us for any reason.
General Conditions For The Use Of This Website
In the context of this website, “we”, “our” and “us” means malwoodauto.com.au and “you” and “your” means you, the user or customer of this website. The use of the term “product” includes the plural “products”.
Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website, you agree to be bound by the Terms and Conditions and if you shop at this web site you agree to the terms of the Contract of Sale.
If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement, we suggest that you do not use this website. Please do not hesitate to call us on 07 4661 3548 if you have any questions or comments to make.
We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an “as is” basis and is entirely at your risk.
Changes To Terms
Because of frequent changes in Internet technology and applicable law we reserve the right to make changes to these Terms and Conditions at any time that technology and legal changes require.
Changes To Products
We and any other persons involved in the management of this website may make changes in the products described, and to other content of this website, at any time without notice.
We make every effort to ensure that product descriptions on our website are accurate. However, some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. We make no representations about the suitability of this information; it is provided “as is” without warranty of any kind.
All depictions, photos & images contained on the website are for illustration purposes only.
The price displayed for products on this website represents the full price, including GST, for the product itself but does not include postage/delivery charges which will depend on the destination, unless the description includes Free Delivery.
We always seek to provide products at the most competitive prices, and because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice and we therefore reserve the right to change prices displayed for products on our website at any time.
Please be assured of our every effort to ensure the accuracy of our product pricing. However if an error is made and a product is listed at an incorrect price, we maintain the right to refuse to accept further orders and to cancel any orders already placed at the incorrect price. If an order has been confirmed and charged to your credit card we shall immediately contact you regarding your requirements for the reimbursement of money paid.
The information on this site is intended and applicable for Australian consumers only and is governed by Australian law.
You must be at least eighteen (18) years of age to place an order with us. We do does not knowingly accept orders from anyone under 18.
By placing an order with us through this website you acknowledge that you are over eighteen (18) years of age.
Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.
When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website we and you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. We and you agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.
The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence.
Intellectual Property Rights
Material contained on this web site is protected by copyright. You may use this web site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this web site, without obtaining our prior written consent.
Registered trade marks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.
The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this web site and material on it must not in any way infringe the intellectual property rights of any person.
To purchase from us online you must establish an account on this website. As an alternative you can phone your order through to us & make payment by phone or use our direct bank deposit facility.
We retain absolute discretion to refuse to allow an account to be established, to terminate accounts, to remove or edit content where the account has not been kept in accordance with these terms and conditions.
It is your responsibility to provide your exact email address, delivery address, billing address and telephone number and to keep these up to date. Any incorrect information provided may lead to a delay in delivering the product ordered by you or non delivery of the product.
You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server for ease of use in processing future orders or for warranty claims. The information is only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website. No credit card details are stored by us.
When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.
Contract Of Sale
These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to vary it in writing or by email.
You can place an order only by clicking the “Add to Cart” button.
When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions and are subject to any clause allowing for the cancellation of an order before property passes to you.
We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. In order to prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.
We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.
If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.
We only accept payment PayPal, direct bank deposit and Credit cards (Visa & MasterCard).
Payment will not be processed until we have received all relevant information required for processing to be completed. We usually process orders on a daily basis including weekends however our warehouses & freight contractors only operate Monday to Friday.
PayPal payments are automatically processed once you have completed our checkout procedure – usually we receive quick notification of payment approval from PayPal however in some cases it can take up to 24 hours.
PLEASE NOTE: As part of our sales process you will receive a tax invoice as your proof of purchase. Please retain this for future reference.
We do not accept international credit cards; we accept Australian credit cards only. Overseas orders have to be paid for by direct Bank deposit. Due to the number of fraud attempts we experience these days there is NO exception to this.
We process Credit cards payments when you checkout from the product order screen. We do not retain credit card details once payment has been approved.
Whilst we employ the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, we 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.
You will be provided with an estimated delivery time when you checkout from placing your order. The estimated delivery times are in working days Monday to Friday excluding public holidays. Normal delivery is within 1 to 14 working days from the date of payment of your order, dependent on your location.
We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.
We encourage you to visit the “My Account” section on our website to view the delivery status of your product. If your product has not arrived within the estimated delivery time, please contact us.
Passing Of Property
Property in the product passes to you upon receipt of the product by you.
Statutory Conditions and Warranties
Mal Wood Automotive provides a voluntary warranty and applies the Conditions and Warranties required by law.
Statutory Conditions and Warranties
- For all products sold Mal Wood Automotive provide conditions and warranties contained in the Commonwealth Competition and Consumer Act 2010.
- The conditions provide that unless the product has defects which Mal Wood Automotive specifically bring to your attention before the sale, the product is of merchantable quality—that is,
- The product is free from manufacturing defects and faults and reaches a basic level of quality given the price of the product and any description that is provided with the product;
- The product is fit for the purpose or job for which it is normally supplied or to which Mal Wood Automotive agreed before the sale.
- The product matches any description provided on our website or on labelling or packaging (See “Changes to Product”); and
- You receive clear title to the product
The warranties provide that the product is clear of finance or encumbrances; and you will have free title to the product.
If the product does not fulfil any of these conditions or warranties then, provided the claim is made within a reasonable period after the sale, you may be entitled, at your discretion, to a refund, replacement of the product or to have it repaired. A reasonable period depends on the circumstances of each sale including but not limited to the nature, quality and price of the product.
Any refund agreed to may be less than the purchase price depending on any use or consumption of the product which has occurred or any contribution that use by you has made to the cause of the claim.
Customer Service will consider each claim on its merits on a case by case basis and, if required, will negotiate a solution that is acceptable to Mal Wood Automotive and you including any costs involved.
For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au.
malwoodauto.com.au do not provide a refund, credit or exchange if you have:
- You have damaged the product by using it in a way it was not meant to be used.
- You have had a defect drawn to your attention before you purchased the product, for example, when products are clearly labelled as seconds or faulty
- The 30 Day Change-of-Mind period has elapsed and the product matches the description provided on our website and is free from manufacturing defects or faults.
Manufacturers Voluntary Warranty
Many of the products supplied by malwoodauto.com.au are covered by a Manufacturers voluntary warranty. The terms and conditions of such warranties are beyond our control and it is your choice whether to use such warranties. Where possible the time of such warranty will be shown on our website.
A manufacturer’s warranty does not detract from your statutory rights.
Making a Claim
To make a claim you must:
- provide us with a copy of your tax invoice or similar proof that the item was purchased from us.
- describe accurately the problem you have encountered and provide evidence (eg a photograph) to support your claim
- state whether you are requesting a replacement, repair, refund or credit
Return of Product for Warranty Claim
We will not accept the return of a product without prior approval from our Customer Service Team. The product must be returned to us within 30 calendar days from the approval date. The product must be packed in the original, unmarked packaging including any fitting kits, accessories, manuals, documentation and registration that was delivered with the product. The product must be in “as new” condition.
We reserve the right to test any returned product, and to ask you to demonstrate that the problem with the product was not your fault. After the product has been returned a final decision on granting the claim will be made by our Customer Service team.
Where it is agreed that the claim is valid a replacement or repaired product will be returned to you at our expense.
Where upon receipt of the returned product we determine that the product did comply with the warranties and conditions and the condition of the product was misrepresented to us by you, the expense for the return of the product to us and the expense of returning the product to you will be deducted from your account.
Refunds Or Credit
Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non-warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you. Refunds will be issued by cheque, EFT, PayPal or a credit to your account at our discretion.
Where a replacement is agreed to after a warranty claim is granted the replacement will be delivered to you at our expense by our nominated freight company after we have received your returned product. Where a non-warranty claim is granted the replacement will be delivered to you at your expense.
Resolving Your Concerns
If you have any concerns with, or do not understand, our Terms and Conditions we encourage you to contact us and we will make every endeavour to resolve your concerns. We want happy customers so you will find us fair & reasonable at all times.
Please call 07 4661 3548 or email email@example.com