The use of our online ordering service (“Online Ordering Service”) is governed by the terms and conditions outlined below (“Terms and Conditions”), together with our website terms of use (“Terms of Use”), and privacy policy (“Privacy Policy”).
The expressions "we", "us" and "our" are a reference to FORNIX WHEELS ABN
94495227184 except where otherwise indicated. The term “you” and “your” refers to the user of our Online Ordering Service. Please carefully read these Terms and Conditions, together with our Terms of Use and our Privacy Policy, before placing an order through this website. These Terms and Conditions contain important information about the ordering, processing, and delivery of goods, as well as our returns policy.
Your placement of an order through our Online Ordering Service indicates your acceptance of these Terms and Conditions.
If you do not accept any part of these Terms and Conditions, you are not authorised to use our Online Ordering Service.
General
The content of the pages of this website are for your general information and use only. The pages, including these Terms and Conditions, are subject to change without notice.
Amendments will be effective immediately upon each time you view this website. It is your responsibility to check these Terms and Conditions periodically for any changes. Your continued use of this website will represent an agreement by you to be bound by these Terms and Conditions (as varied from time to time).
Orders
You may offer to purchase goods from us by using our Online Ordering Service. We currently only accept orders from Australia.
By placing an order for goods through this website, you represent and warrant to us that the goods supplied by us will only be used for the intended purpose and application for which they were designed (and for no other purpose or application).
You are responsible for all contracts for the purchase of goods entered with us. It is your responsibility to check your order before you place an order using our Online Ordering Service, and you warrant that you are able to enter into a legally binding contract with us, including that the individual using our Online Ordering Service has authority to enter into contracts and place orders on your behalf, and that all information provided by you in relation to that order is complete, true, and accurate. You are required to ensure that your identity, billing information, and all other information in relation to your online account is kept up to date. You will be liable to pay for any incorrect orders as a result of your provision of incomplete or inaccurate information.
When you submit an order using our Online Ordering Service, you will receive an acknowledgement e-mail confirming receipt of your order, along with an order reference number via e-mail. If you receive an order confirmation, this does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
A contract will not be formed until we send you confirmation by e-mail that the goods which you ordered have been despatched to you. Only those goods listed in the confirmation e-mail sent at the time of despatch will be included in the contract formed.
Notwithstanding the above, we may revoke an order at any time and will not be liable for any loss or damage whatsoever flowing from revocation of the order.
Availability of goods
As we are dependent upon our suppliers to provide certain stock, we cannot guarantee that our goods will be available at all times and our stock levels may be subject to change without notice.
If we are unable to deliver goods which have been ordered by you, we will endeavour to notify you via telephone or e-mail as soon as reasonably practicable.
You will then be able to amend, cancel, or place your order on backorder until such time as the goods come back into stock.
We reserve the right to withdraw or suspend from sale any goods displayed on this website, either temporarily or permanently, at any time, with or without notice to you.
Pricing
Prices for goods are as shown on this website at the time of purchase.
Where prices are indicated on this website, the prices listed on this website are subject to change without notice. All prices are in Australian dollars and are inclusive of goods and services tax (“GST”).
In addition to the price for the goods, you will also need to pay the listed delivery charge (if any) for your selected delivery option. Any applicable delivery charges will appear in your shopping cart. Delivery charges may vary depending on the quantity of the goods ordered, and the address to where the goods are to be delivered.
Whilst we try and ensure that all details, descriptions, and prices are accurate, errors may occur. If an incorrect price or incorrect information is listed in respect of goods due to a typographical error by us, we may refuse or cancel any orders that are placed for goods listed at an incorrect price. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a full refund as soon as practicable.
Intellectual property
The Intellectual Property Rights in goods sold or supplied by FORNIX WHEELS is, and will at all times, remain the property of FORNIX WHEELS.
You acknowledge and agree that you have no rights to use FORNIX WHEELS’ Intellectual Property Rights under these Terms and Conditions unless otherwise agreed in writing.
Limitation of liability
We are not liable for any loss caused to you or any related parties by reason of strikes, lockouts, fires, floods, storm or tempest, riots, war, embargoes, civil commotions, supplier shortages, raw material shortages, plant or mechanical breakdown, disease or pandemic, government intervention or regulation, acts of God, or any other activity beyond our control.
We shall not be liable for any guarantee, warranty, or representation as to the quality, performance, and fitness for purpose or otherwise of any goods supplied through our Online Ordering Service unless expressed in writing and signed on behalf of us and any such warranty or representation shall be limited to its express terms.
You acknowledge that other than those terms, conditions and warranties expressed by us in writing or imposed and required to be binding by statute (including, without limitation, the Competition and Consumer Act 2010 (Cth)), which cannot lawfully be excluded, restricted or modified (each, “a Statutory Term”), all terms, conditions, warranties, indemnities and statements (whether express, implied, written, oral, collateral, statutory or otherwise) which are not expressly set out in these Terms and Conditions are hereby excluded (other than where a manufacturer’s warranty has been given by us).
Nothing in these Terms and Conditions shall be read or applied so as to purport to exclude, restrict, or modify or have the effect of excluding, restricting, or modifying the application in relation to the supply of any goods pursuant to these terms and conditions of use all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State or Federal Legislation which by law cannot be excluded, restricted, or modified.
In relation to the supply of goods, to the fullest extent permitted by law, our liability to you for any loss, damage or injury, whether under contract including under these Terms and Conditions, in tort, pursuant to statute or otherwise, is limited to, at our discretion, the following:
1. replacing the goods or supplying similar goods; or
2. providing reasonable compensation limited to replacing the goods or for acquiring equivalent goods.
You agree to indemnify us, and keep us fully indemnified, against any claim that arises out of any breach of these Terms and Conditions and/or the goods supplied through our Online Ordering Service, including, for the avoidance of any doubt, any claim for loss, damage, or injury, whether under contract, in tort, pursuant to statute or otherwise, our goods are used for any purpose or application other than the purpose or application for which they were expressly designed. This indemnity includes any legal fees and expenses we incur in order to enforce our rights under or related to these Terms and Conditions, on an indemnity basis.
Miscellaneous
You must not assign any rights and obligations under these Terms and Conditions (whether in whole or in part) without our prior written consent (such consent shall not be unreasonably withheld).
A waiver of any provision or breach of these Terms and Conditions shall only be effective if made by a party in writing. Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
If any provision of these Terms and Conditions is invalid, illegal, or unenforceable, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
Your use of this website and any dispute arising out of such use of this website is subject to the laws of New South Wales, and the law of the Commonwealth of Australia in force in New South Wales.
Privacy policy
Please refer to our Privacy Policy to see how we collect, use, and protect your personal information. Our privacy policy is located under the terms and conditions. Alternatively, a copy of our privacy policy is available upon request.
Termination of Access
Access to our Online Ordering Service may be terminated at any time by us with or without notice.
NO TOLERANCE POLICY REGARDING FRAUD
We will report credit card fraud to the relevant authorities of any attempted fraudulent order. Credit Card fraud in particular is a crime that is being committed daily over the internet. |