TERMS & CONDITIONS - Australia
The company Tuning Empire Pty Ltd operates an online sales platform for vehicle tuning parts from different countries. Orders from consumers and businesses are subject only to these terms and conditions, unless the parties have agreed otherwise in writing. For the purposes of these terms and conditions, "Goods" and "Services" mean the goods and services ordered by the Customer and supplied by Tuning Empire ("Company") on these terms and conditions. No variation from these terms and conditions applies unless agreed in writing by the Company and the Customer prior to the commencement of the supply. Any acceptance by the Customer of the Goods is deemed to be an acceptance that these terms and conditions are incorporated into the Contract to the exclusion of all others.
No order is deemed to be accepted nor any contract made with the Company until a written acceptance of the order or contract is given by the Company to the Customer. All orders are accepted and contracts made subject to Goods of the description ordered being available at the times specified for delivery. If any material part of the order cannot be supplied by the due date, the Company will advise the Customer as soon as possible and advice of a new delivery date or a substitute.
In no event, however, shall the Company be liable for any indirect or consequential loss or damage or any loss of profit resulting from the non-supply in whole or in part of all of the Goods or Services ordered.
3. CONCLUSION OF CONTRACT
The display of the products on our online shop platform does not form a binding offer, yet is more of the nature of a non-binding online catalogue which you can browse through. It is more of an invitation to the customer to submit a purchase order request, through pressing the BUY button on the check out page. By clicking on the BUY button, you are making us an offer to accept the order and issue a purchase contract.
As soon as you place the order, you will receive a system email with your detailed purchase overview. This purchase overview confirmation does not mean we accepted your order. We will check the availability of the requested items. If one or few items are not available, we may not accept the order and you will get notified via email about this.
A purchase contract comes into place by us sending you an email with the sales confirmation outlining all products or with the dispatch of the goods.
(1) Prices may be increased by the Company without notice. The Company reserves the right to invoice all Goods and Services at the price prevailing at the date of dispatch.
(2) Prices for deliveries in Australia include import duty and valid taxes, unless otherwise stated.
(3) The shipping costs, unless supplied free of charge, are mentioned in the online shop. These may appear on the product description area or are mentioned at the final check out and can be confirmed by the customer with the final order confirmation.
(4) In case other associated costs are due like handling, packaging or other, these will be made available to the customer before ordering.
(5) The purchase amount is payable immediately upon receipt of the sales contract from us.
All Goods are sold including door-to-door delivery, unless otherwise stated.
Our preferred logistic partners include TNT, DHL Express, DHL Post for economy shipments, UPS and selected others. Orders are shipped out with economy shipping method. Express is available on request at surcharge. We inform customer of delivery times.
Please note delivery times are our most accurate estimates only which we get also told from the freight forwarders. The delivery times are subject to change depending on parts ordered (special order items, custom trim, backordered parts), service delivered by couriers, custom inspections and shipping service specified, either economy or express.
The Customer is responsible for any loss, damage or injury incurred by any person or to any property in the course of unloading goods delivered by the Company.
6. DELIVERY, SHIPPING, TRANSFER OF RISK AND ACCEPTANCE OF GOODS
(1) We are shipping out goods in accordance with agreements confirmed with customer. If shipping charges occur, these would be indicated in the product description are and/or are shown separately on the invoice or check out page. If the customer is an entrepreneur, delivery dates and times are just binding if they were confirmed by us in writing.
(2) If we do not deliver the goods on time according to contract, the customer must contact with a new delivery period and deadline to fulfil the contract. Otherwise, the customer is not entitled to withdraw from the contract.
(3) The shipments are handled by one of our logistic partners including TNT, TNT Express, DHL, DHL POST, UPS or other courier services. Large, heavy or bulky items are shipped by freight carriers. The customer is informed of the selected shipping method before the order. Once the goods have been shipped out, the customer will be notified by email.
(4) Tuning Empire reserves the right to make a partial delivery if this is advantageous for a speedy settlement and the partial delivery is not unreasonably inconvenient for the customer.
(5) In the event that the customer is an end-consumer, the risk of accidental loss and accidental deterioration of the goods passes to the customer, as soon as the goods are handed over to the end customer or his appointed person.
(6) In the event that the customer is an entrepreneur/business, the risk of accidental loss, accidental deterioration of the goods and the risk of delay passes onto the customer with the delivery / handover of the goods to the forwarding agent, courier or appointed freight forwarder.
(7) The customer is asked to examine the goods immediately upon receipt for shipping damage and notify us immediately if damage in transit is noted. If you notice that goods are damaged on delivery, we would like to ask for the following: If possible, advice the delivery person of the damage and let them note down the damage on delivery papers and hand out a copy to you. Please document the damage with pictures if possible.
Without such proof it is not possible for us to claim any settlement against the transport company. You can also refuse to accept the damaged goods or arrange a collection date with our customer service.
You can contact our customer service centre on:
Phone: 02 8091 5490
7. AVAILABILITY AND OFFERS
If products are not explicitly marked with the words "ready for immediate dispatch" or are not in stock in Australia, the delivery time for these products is 2-3 weeks if our supplier is located in Europe or with third country suppliers, the delivery time takes 3-6 weeks. With order-made products for you, the delivery time is between 6-8 weeks or longer. We will always keep you informed about the delivery times.
With over 1000 wheels in our portfolio as well as well over 150,000+ tuning parts online we are trying our best to monitor the availability of all wheel designs, parts and items from our suppliers. However from time to time manufacturers as well as tuners decide to drop a wheel model or replace it with a new fresh design and it can take few days until we get notice of this change. Same applies to tuning parts which may run out of production, are discontinued or are replaced. In case you have placed an order and the unfortunate event occurs that the item is no longer available, we will inform you and offer you a similar design or refund you the amount paid.
Offers made by Tuning Empire are valid for maximum 7 days after the offer was sent. If an items is no longer available Tuning Empire is entitled to cancel the sale and offer an alternative.
8. BODY KITS | CARBON FIBER PARTS
Our suppliers constantly offer highest possible accuracy of fit for carbon parts and body kits, which is confirmed by our large satisfied customer base. These parts however are in nearly all cases hand-made replicas or custom-formed parts pressed out of moulds. We recommend using a professional specialist shop (workshop or body paint shop) which is qualified to fit and install such parts. In some cases preparation work is essential to reach best fitment results.
We are delivering the goods according to product descriptions. All parts need to be fitted by professional workshops. Customer is not entitled to refund or refusal of goods if the goods are supplied according to product description.
9. RETENTION OF TITLE AND RIGHT OF CANCELLATION FOR NON-TIMELY PAYMENT
(1) We reserve title to all goods supplied by us until full payment has been done. We are entitled to demand the immediate return of the goods, unless there are legally established or undisputed counterclaims.
While the retention of title, the customer is obliged to handle the reserved goods with care, inform us if a third party wants to access the goods or any damage occurred to the items. If change or address occurred or goods changed the owner in between, this information shall be shared with us immediately.
(2) If the customer delays payment for more than 10 days in arrears, we are entitled to cancel the contract and claim the goods back.
(3) In the event that the customer is a business customer, he is entitled to sell the reserved goods in the ordinary course of business. In this case the customer transfers the rights of the amount of the invoice value to us, whether this occurs before or after any processing of the goods delivered under retention of title. The right of the customer to collect the debt from his customers remains untouched. In this context we undertake not to collect the claimed amount as long as the customer meets his payment obligations, no request is made for insolvency or the process of obtaining the debt payment is not stopped. Insofar as the above securities exceed the secured claims by more than 10%, we are obliged to release the securities of our choice, at your request.
10. QUANTITY AND DESCRIPTION
The Customer must check the quantity of Goods delivered against the quantity due to be delivered under the Contract and sign a delivery note relating to the Goods on delivery. The Company is not responsible in any deficiencies in quantity unless the delivery note is appropriately endorsed and the Company is notified in writing within 7 days of delivery.
The Customer must check on delivery that the Goods are those specified by it and as described in the Invoice and the Goods are deemed to comply with the specification and description.
If the Customer gives notice of damage to the Goods it must preserve the Goods in the state in which they were delivered for a period of 14 days from the date on which the Company is notified in writing. During that period of 14 days the Customer must allow the Company access to its premises for the purpose of inspecting the Goods. Alternatively, the Company may request the Customer to return the Goods at the Company's expense.
11. PARTS RETURN POLICY
Tuning Empire will not accept unauthorized returns. Parts that have been mounted to the car or used in any other way are not returnable.
Special order items are not returnable. These are custom-built products especially for you, manufactured and ordered on your behalf, specifically for your vehicle, which cannot be sold again to another consumer. Non-stocked parts (Special Order Parts - parts imported on behalf of the client for their specific order) will not be accepted for credit.
We are not required to provide a refund or replacement if you change your mind, decided you did not like the purchase nor had no use for it.
It shall be at our discretion to refund you the money if you change your mind. Delivery times are always estimated and not binding. They depend on many factors are.
A re-stocking fee of 20% of the value applies if you change your mind about the purchase and we accept the refund. In general Tuning Empire does not refund any shipping charges.
If you have a minor problem with a product or service, we can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund. If the problem with a product or service is minor, you must accept a free repair if we offer you one.
If you have any concerns about your order, please contact us.
Payment for all Goods and Services must be made in full by direct deposit.
Payment by bank transfer
Bank Transfer | Prepayment
We will send you our bank details with the order confirmation and send out the goods after receipt of your payment.
13. DEFAULT OF BUYER
(a) If these terms and conditions are not strictly observed by the Customer, the Company may in its absolute discretion, refuse to supply the Customer and the Company shall not be liable to the customer for any loss or damage the Customer may sustain as a result of such refusal.
(b) The costs of collection of any monies due and payable by the Customer, including fees and/or agent commissions of any Mercantile Agent or Solicitor engaged by the Company shall be payable by the Customer.
Any notice required or authorised to be given under these conditions may be given by email or prepaid letter sent to the party to whom it is addressed at its last known place of business and is deemed to have been served two days following the day on which it is proved to have been sent.
(a) No right power or remedy conferred by these conditions is exclusive of any other right power or remedy also contained in these conditions, or provided by law or equity, but each is cumulative of every other right power or remedy conferred or provided and may be enforced concurrently with them or from time to time as the Company thinks fit in its entire discretion.
(b) No relaxation, forbearance, delay or indulgence of the Company in enforcing its rights under these conditions affects, prejudices or restricts such rights and any waiver by the Company in respect of a breach of contract does not operate as a waiver of any subsequent or continuing breach.
Any of these terms and conditions, or the application of any of these terms and conditions, which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that term or condition in any other jurisdiction or of the remaining terms and conditions of the Contract in that or any other jurisdiction.
17. ALTERATION TO CONDITIONS
The Company may, at any time and from time to time alter these terms and conditions without prior notice.
18. GOVERNING LAW
These terms and conditions and any contract including them shall be governed by the laws of
Sydney, NSW, Australia. The Company and the Customer submit to the exclusive jurisdiction of the Courts of Sydney, Australia.
19. PRIVACY NOTICE
(2) The personal data, necessary for the establishment, content or modification of the contractual relationship (base data), are exclusively used by us for processing and completion of the order, such as the delivery of goods to the address provided by the customer.
(3) The personal data is important to take advantage of your offers online and in order to issue sales confirmation and for general communication reasons. These data will only be used for fulfilment of our contractual obligations. Other use of the data does not occur.
All tyres supplied are subject to Tuning Empire general terms and conditions as well as specific conditions of individual tyre manufactures/suppliers and these include tyre year of manufacture, specific usage, speed rating, shelf life etc. Tyres may be supplied from local and international sources and will not be accepted back by Tuning Empire after any usage. All manufacturers’ production faults must be presented to a local tyre representative for assessment and report back to the original tyre manufacturer. It will be at a sole discretion of the tyre manufacturer to accept return and refund or replace tyres deemed faulty by their respective representatives.
Warranty for consumers
If the delivered goods are defective, the customer is entitled under the statutory regulations to demand supplementary performance, repair of the item or reduction of the purchase price.
Warranty for entrepreneurs / business customers
If the delivered goods are defective, the customer is entitled under the statutory regulations to demand supplementary performance in the form of repair of the defect or delivering a defect-free item. We have the right to decide which option to choose. In the subsequent performance fails, the customer is entitled to reduce the purchase price..
To the extent permitted by law and except to the extent expressly set out in this service repair warranty, the company and its servants and agents shall not be liable for any negligent act or omission or for any negligent advice. Further, to the extent permitted by law the company and its servants and agents shall not be liable for any consequential loss or loss of profits the customer may suffer as a result of any act