Terms & Conditions
Definitions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, STW AUSTRALIA
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "https://www.stwaustralia.com.au/"
AGREEMENT TO BE BOUND BY TERMS
In these Terms and Conditions (Sale Terms), "we" or "us" means STW INDUSTRIES ACN 623 405 701 t/a Specialised Tyre & Wheel and S.P.I Wheel Systems its successors and assignees. "You" or "User" means the person, organisation or entity that purchases products or related services from us. The Sale Terms apply to all sales made by us to customers via email, over the phone or through our websites available at www.stwaustralia.com.au or www.spiwheelsystems.com.au (Sites). These Sale Terms form the agreement under which we will supply products and services to you. Please read the Sale Terms carefully. It is a condition of use of this site that Users agree to these Terms and Conditions. By registering to use this site Users agree to be bound by these Terms and Conditions. Please contact us if you have any questions, before you purchase or related services from us. You can contact us at sales@stwaustralia.com.au.
Your purchase from us indicates that you have had sufficient opportunity to access the Sale Terms and contact us, that you have read, accepted and will comply with the Sale Terms, and that you are eighteen (18) years or older. You must not order products or services from us if you are under eighteen (18) years of age. If you do not agree to the Sale Terms, do not purchase from us.
The User warrants that they are either the person, or in the case of a corporation, an authorised representative of the corporation, that is named as the User in the registration form. It is a breach of this User agreement and also a misrepresentation with both potential civil and criminal consequences for a person to register as a User that they are not authorised to represent for this purpose.
1. Orders and Credit application:
(a) You can purchase from us by making an order and paying the agreed deposit (Deposit) up-front and the balance on delivery (Balance), or by purchasing through your account.
(b) To set up an account and to obtain credit from us, you are required to complete a credit application with us for thirty (30) days end of month credit (Account).
(C) We will confirm your order with an order number. This may include an order ID, the shipping and billing addresses and a description of what was ordered, when you order.
(d) We may at our discretion accept or reject an order depending on factors including availability of products and our ability to validate payment for the products.
(e) It is your responsibility to check the order details, including product and pricing, before you complete your order.
(f) A binding agreement comes into existence between you and us, once we have given you an order number.
2. Prices and payments:
(a) You agree to pay the purchase price specified on our Sites or on the quote form, at the time that you place your order for the purchase of a product, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices exclude Australian GST (where applicable). Delivery and any insurance charges will be separately shown.
(b) You must pay for the product by cheque or direct bank transfer. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed or if our invoices are not paid within thirty (30) days then your order may be cancelled.
(c) If our invoices are unpaid for ninety (90) days after the payment date, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
(d) Our prices and pricing structure may be amended from time to time in our discretion being due to changes in international exchange rates and the prices of our suppliers. Where there is any pricing change, we will take reasonable steps to provide you with notice, and these changes will apply from the date that the pricing changes are available on the Sites or are provided to you, whichever is earlier.
(e) Whilst all effort is made to keep pricing on this website up to date it is possible at times it may be out of date. As such prices on this website should only be considered as an "invitation to treat" rather than as an offer to provide these products at these prices. Your order and payment of goods will be deemed to be an offer and acceptance only happens when we accept the order. The website automatically sends you an order confirmation email. This email merely acknowledges that we have received your order but does not commit us to supply at the prices contained in the offer. Acceptance of your offer will be communicated manually.
(d) Credit Card transactions are processed in Australian Dollars using:
- payment pages which comply with industry standard and support up to TLS 1.2
- SSL connection with strong key exchange (up to ECDHE_RSA with P-256), and strong cipher (up to AES_128_GCM)
- TLS 1.2 connection to the payment gateway
3. Availability and Cancellation:
(a) All purchases made with us are subject to availability. We do our best to keep in stock most products that are advertised by us, and to keep our Sites up to date with availability of products.
(b) If you have requested that a product be custom made or imported, no cancellations will be accepted.
(c) If there is a considerable delay in dispatching your order, or if for any reason, we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit, or to put your order on backorder as agreed with you for standard products only. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
(d) From time to time information that would normally be available through the site (including supplier's catalogs) may not be able to be accessed online because of technical or other problems. The Owner, and the Service Provider expressly excludes liability to any User of this site in respect of the unavailability of content regardless of whether or not this unavailability is caused by the negligence of the Owner or the Service Provider.
4. Delivery:
(b) Cost: Delivery fees will not apply as your carrier will invoice you directly, unless there is a trade delivery agreement in writing with us, in which the agreement will sent out the terms of carriage.
(c) Timing: We will provide you with a rough estimate of the time it will take us to dispatch an order each time you place an order with us. We will deliver the product to the place of delivery you specify when making your order.
(d) Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery.
(e) Method: We may deliver the products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to take delivery, you will be notified, generally by the delivery company leaving a card with contact details so that you can arrange another delivery time and date.
(f) Title: Title in the products will not pass to you until the later of delivery or your full payment has been processed or otherwise received by us. If you do not make full payment, or your payment is declined for any reason, we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products.
(g) Risk: Risk of loss, damage or deterioration to any products will pass to you on delivery.
5. Discount Codes and Promotions
We may from time to time offer promotional discount codes, which may be applicable to goods on our Sites, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
6. Consumer Guarantees, Return, Refund and Exchange Policy
(b) Cost: Delivery fees will not apply as your carrier will invoice you directly, unless there is a trade delivery agreement in writing with us, in which the agreement will sent out the terms of carriage.
(c) Timing: We will provide you with a rough estimate of the time it will take us to dispatch an order each time you place an order with us. We will deliver the product to the place of delivery you specify when making your order.
(d) Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery.
(e) Method: We may deliver the products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to take delivery, you will be notified, generally by the delivery company leaving a card with contact details so that you can arrange another delivery time and date.
(f) Title: Title in the products will not pass to you until the later of delivery or your full payment has been processed or otherwise received by us. If you do not make full payment, or your payment is declined for any reason, we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products.
(g) Risk: Risk of loss, damage or deterioration to any products will pass to you on delivery. Any complaint concerning damage, short delivery, loss in transit or defect must be made within 5 working days of the Customer receipt of the invoice for that delivery, or the receipt of the goods, whichever occurs later. If the complaint is not made within that time, the Customer loses any right which the Customer may have had in respect of the complaint. The Owner has the discretion to repair or replace any goods the subject of a complaint or to refund or credit the portion of the purchase price. To the extent permitted by law, all statutory or other warranties are excluded.
Consumer Guarantees, Return, Refund and Exchange Policy
(b) If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for 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."
(c) Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You should check the manufacturer's warranty, as many manufacturer's warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer's warranty.
(d) If you wish to seek a refund for a product, you must request the refund within thirty (30) days of delivery.
(e) If you wish to seek a refund, you will be required to return the product to us, and we will only give you the refund once we have received the product at our warehouse, inspected it, and assessed whether it is eligible for a refund. If you have purchased on credit, then the refund will be processed as a credit note on your Account. (f) Subject to the ACL, we will not accept for return any product that has been used, connected, installed, attempted to be connected or installed, or if your product is custom-made or is a special buy product.
(g) Any returns other than defective goods must be returned in their original condition. The return of goods considered to be defective is subject to testing by the manufacturer to determine credit or exchange of goods. No refunds or exchange is available on Special Buy In items unless they are deemed faulty by the manufacturer. If any product has been fitted or used in any way prior to being returned we will charge a 50% (fifty percent) restocking fee. If the product is returned after 14 days of the original invoice date there will be a 5% (five percent) restocking fee. Custom made or special buy products can-not be returned.
(h) We are not responsible for or liable for, and we will not provide a refund, exchange or store credit, for custom made products where there is a fault because you have provided incorrect or inaccurate information including incorrect specifications.
(i) Where a product is faulty, you must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. We will arrange for any products you want returned to be collected, usually within thirty (30) business days.
(j) You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
(k) All returns are shipped at the customers expense. If we have delivered on your behalf, under any trade delivery agreement then we reserve the right to charge the customer the delivery incurred on any initial delivery and return delivery.
7. Intellectual Property
(a) Intellectual Property includes but is not limited to:
(i) all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
(ii)all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and (iv)all work product developed in whole or in part by us.
(b) We own all Intellectual Property rights in the products and company branding, as between us and you.
(c) Material on this site is all the copyright of the Owner or the Service Provider and the copying or use of this information is not permitted unless prior written permission is received from the site owner.
8. Disclaimer and Limitation of Liability
(a) While the information and material contained on our Sites is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, we and the directors, officers and employees accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on our Sites.
(b) Certain legislation including the ACL, Consumer and Competition Act 2010 (Cth), similar State or Territory legislation in Australia and similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via our Sites which cannot be excluded, restricted or modified (Rights).
(c) We exclude all implied conditions and warranties except for your Rights, to the extent permitted by law, including but not limited to:
(i)we expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Sale Terms;
(ii)we do not warrant that our Sites or your access to our Sites will be error free, that any defects will be corrected or that our Sites or the server which stores and transmits material to you are free of viruses or any other harmful components;
(iii)we take no responsibility for, and will not be liable for, our Sites or the products being unavailable; and
(iiii)we will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with our Sites, inability to access or use our Sites, the products, the services, the late supply of products, or the Sale Terms, even if we were expressly advised of the likelihood of such loss or damage.
(d) Our total liability arising out of or in connection with the products, the services or the Sale Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under the Sale Terms.
9. Amendment:
These Terms may be amended from time to time, without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Sale Terms, before purchase. Our agents, employees and third parties do not have authority to change the Sale Terms.
10. Indemnity:
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Sale Terms.
11. General:
(a) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on our Sites for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law
(b) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our Sites at our sole discretion, without incurring any liability to you.
(c) Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Sale Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days notice in writing.
(d) Notice: Any notice in connection with the Sale Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
(e) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Sale Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Sale Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(f) Assignment: You must not assign any rights and obligations under the Sale Terms whether in whole or in part without our prior written consent.
(g) Severability: If any of the Sale Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(h) Jurisdiction and Applicable Law: Your use of our Sites and any dispute arising out of your use of it is subject to the laws of Western Australia and the Commonwealth of Australia. These Terms are governed by the laws of Western Australia and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Western Australia. Our Sites may be accessed throughout Australia and overseas. We make no representation that our Sites complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access our Sites.
(i) Privacy and Storage of your personal information: It is necessary for the Owner to capture information about you in order to provide the services offered through this website. The use of the information and your rights in respect of it is set out in the Privacy Statement on this Website.
(j) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Contact details:
For questions or notices, please contact us at:
STW Industries A.C.N 623 405 701
t/a Specialised Tyre & Wheel and S.P.I Wheel Systems
ABN 92 623 405 701
WA: 4 Bessemer Rd, FORRESTDALE WA 6112
VIC: 113 Wedgewood Rd, HALLAM VIC 3030
POST: PO Box 1055, KELMSCOTT DC 6997
sales@stwaustralia.com.au
1800 789 001 or +61892345000
WE MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME, PLEASE READ THESE FREQUENTLY.