Terms & Conditions

 

1.       Introduction

Firstly thank you for shopping with RedRock Automotive Pty Ltd (ABN 53 167 684 675) (“Redrock”).  Your business is greatly appreciated by us.  These are the terms and conditions which govern your use of the Redrock Automotive Ebay Store (redrockauto) (the “Site”) and the purchase of the new product(s) for your use.

The Site is owned and operated by Redrock.  You should always check these terms and conditions every time you visit the Site as Redrock may make changes to it from time to time without letting you know.

2.       Orders

a.        Once you purchase an item on the Site, it forms a binding contract between you and Redrock. That contract for purchase constitutes and incorporates these terms and conditions.

b.        Any order placed by you, the customer, is always subject to acceptance by RedRock.  Redrock may therefore cancel or vary that order at any time and will notify you of that cancellation or variation (in which case your agreement to the variation will be sought).  Your order may need to be cancelled or varied as a result of a number of things including but not limited to where an item is out of stock, the shipping address is outside of Australia, due to errors or omissions or for other reasons.

3.       Prices

a.        All prices displayed on the Site are listed in Australian dollars and are inclusive of goods and services tax (GST).  Please note that you may get a separate GST amount and fuel levy amount with respect to the quoted freight however those amounts will be shown (and which are separate to the price of the item) before you are obliged to pay for anything.

b.        Please also note that in addition to the price of the item(s), you will also need to pay for the delivery/courier fees as quoted in the Site. 

c.        Payments may be made by Paypal, Visa, Mastercard, debit cards, money order, direct deposit into the Redrock Bank Account, or if you elect to pick up the item(s) yourself from Redrock’s premises, then by way of cash (EFTPOS at the premises is subject to availability).

d.        Despite Redrock’s best efforts, on occasion it may be possible that a small number of the items in its Site may be incorrectly priced. If Redrock have made a mistake, a member of its staff will contact you before shipping to request whether you want to buy the item(s) at the correct price or cancel your order.

4.       Shipping

a.        Redrock may change the freight rates at any time without giving you notice.  If there is a major discrepancy between the automatic freight given to you through the Site and the actual cost of delivery to your nominated address, then Redrock will contact you firstly and give you the option of either cancelling the order or paying the additional amount of freight.

b.        Please note that Redrock does not accept any responsibility for any damage caused to the item during freight transit nor any items being lost during the transit process or if the item(s) is stolen after it is delivered to your delivery address. The automated freight quote does not include insurance on the item or with respect to shipping.  It is your responsibility to effect the necessary insurance.  If however you email or call Redrock prior to purchasing the item and Redrock provides you with the additional amount Redrock’s courier charges for insurance and you pay for it then RedRock can effect that freight insurance. 

c.        Further Redrock will not be held responsible if there is a delay in delivery of the item you have purchased as those things are out of Redrock’s control when the item is picked up by its nominated courier company.  Redrock will usually send you the tracking details once the item has been shipped, so you should therefore firstly chase things up on your end with the relevant courier if there is a delay or wish to find out where in transit your item is before you contact Redrock.

d.        Risk and title in the item passes to you immediately upon the item being picked up by Redrock's nominated courier from its premises and you having paid for the item(s) in full.  

e.        Redrock does not deliver to PO Boxes.  Only physical residential or business premises will be acceptable for despatch purposes. You should ensure that someone is at the address when the item(s) are delivered by Redrock's nominated courier so that you can physically check the item and take steps to ensure that it doesn’t get stolen.

5.       Returns policy

a.        In addition to the mandatory statutory rights available to customers under the Competition and Consumer Act 2010 (Cth) and other applicable consumer laws, Redrock will issue you with a refund on the following terms and conditions and only where it has agreed to do so in writing. 

b.        Redrock will not under any circumstances issue any full or partial refund for item(s) which have been damaged or lost in transit.  Please see the section headed “Shipping” in these terms and conditions for further information.

c.        Before asking for a refund or return of an item, you must contact the staff at Redrock, advise them of the nature of the refund/cancellation request and provide proof of purchase.  Simply a “change of mind” will not be the basis on which Redrock will accept a refund or cancellation request.  Any such request must be made strictly within 7 days of purchasing the item. 

d.        Returned products must be returned in their original packaging with all accessories, and must be in a re-saleable condition.  

e.        A 10% (of the value of the item(s)) restocking and administrative fee will apply for any returned item accepted by Redrock.

f.         Where you are returning an item to Redrock and it accepts that return having regard to these terms and conditions:

§   you must return the item to Redrock at your cost unless the item cannot be returned, removed or transported without significant cost to you because of the nature of Redrock’s failure to comply with a consumer guarantee or the size or height, or method of attachment, of the item. 

§   Redrock takes no responsibility for an item lost or damaged in transit. Subject to the above, it is your responsibility to ensure that returned item(s) is returned safely to Redrock’s nominated premises at your cost. 

6.       Warranty policy

a.        Subject to the item being installed, used and cared for in accordance with the directions of Redrock or otherwise in its ordinary course, RedRock will replace or repair the item which is faulty because of materials or workmanship for the period specified in the relevant advertisement for the particular item (or if none is specified in the advertisement then no warranty is provided Redrock).

b.        The warranty is valid to the original purchaser only and does not cover second hand ownership or an item purchased from the Site which is used for commercial, hire or resale purposes. The warranty therefore cannot be transferred to subsequent owners of any vehicle (where the item is installed on a vehicle).

c.        If you wish to claim the warranty then you must immediately notify RedRock in writing, cease using the item, remove it from your vehicle (if applicable) and upon Redrock’s confirmation being provided, return it, at your cost, to RedRock.   The contact details of Redrock are provided on the Site.  Redrock will not be responsible for any item lost or damaged during transit when you are claiming the warranty.  Shipping is your responsibility.

d.        Warranty issues can only be handled within the distribution zone of Australia.  Absolutely no claim will be considered without proof of purchase.

e.        Any warranty provided by Redrock excludes damage as a result of any of the following:

§    Failure to notify RedRock within a reasonable time of the damage occurring.

§    Deliberately causing further damage to the item.

§    Failure to adhere to installation and care instructions.

§    If the vehicle on which the item is installed is involved in an accident, incident or collision with another vehicle or object.

§    If for any reason (either directly or indirectly) an abnormal load is applied to the item or it is not used for the purpose it is intended.

§    If the item has been damaged, misused or neglected.

§    If any changes, modifications or repairs have been carried out to the item or any of its components without the prior written consent of RedRock.

§    If the item is transferred to another vehicle.

§    If the item is used for a purpose for which it was not designed.

§   If applicable, the item is fitted on a vehicle for which it is not catalogued or recommended.

§   Fitted on a vehicle utilised for racing or competitive purpose.

f.         Redrock products come with guarantees that cannot be excluded under the Australian Consumer Law. The benefits provided to you by the warranty in these terms and conditions are in addition to other rights and remedies available to you under the law.  You are entitled to a replacement or 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 as provided for in the Australian Consumer Law.

7.       Limitation of liability

a.        These terms and conditions set out the full extent of Redrock’s liability in respect of the supply of the item(s) and there is no warranty, condition, guarantee or other term binding on Redrock except as expressly stated in these terms and conditions.

b.        Despite subparagraph a. above, nothing in these terms and conditions will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to these terms and conditions by law, including under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), where to do so would be illegal or render any provision of these terms void or unenforceable.

c.        Redrock will not, under any circumstances, be liable under to you for any loss of income, profit, opportunity, business, revenue or data or any indirect, consequential, punitive or exemplary loss or damage in respect of the supply of the item(s) or otherwise.

d.        Redrock’s maximum aggregate liability to you will not exceed the amount paid by you to Redrock for the item(s) or a replacement of the particular item(s). 

8.       Disclaimer

a.        Although Redrock takes all steps to ensure the security and integrity of the Site, you agree that Redrock will not be liable for any loss or damage you suffer by the use of the Site (including a linked website), any breakdown or interruption to the Site or the Site being hacked or otherwise being affected by any form of malicious virus or the data you receive from Redrock not being secure or virus-free. 

b.        Images of items published on the Site may be generic images and as such are provided for illustrative purposes only.  The actual item may vary slightly in colour or have slight design variations in order to ensure that it is suited to your vehicle or other item on which the item is to be installed.

9.       Redrock not responsible for things outside its control

Despite anything else contained in these terms and conditions Redrock will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by you or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition where that delay or failure is caused by an act of God, fire, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond Redrock’s reasonable control.

10.    Errors and omissions

Although Redrock uses it best endeavours to ensure that the information on its Site or in any quotation is correct there may be times where errors or omissions have unfortunately been made.  In that regard Redrock reserves its right to correct any such errors or omissions without any claim being made against it.

11.    Copyright and intellectual property

The contents of the Site (including all photographs, images, videos, text and other items) is Redrock’s intellectual property and subject to copyright.  You must not copy, modify, reproduce, broadcast, print, publish or create any derivative works from any part of the Site without Redrock’s written consent.

12.    Linked website

Redrock makes no representation about any website or content accessed through a link on the Site. The fact that the Site contains links to other websites does not constitute any endorsement by Redrock of that website or the products and services being offered through that website.  You agree that Redrock will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by Redrock.

13.    Privacy

By placing your order or otherwise contacting Redrock, you agree that Redrock may store, process and use data collected from your order for the purposes of processing your order. By placing your order or otherwise contacting Redrock, you also agree that Redrock may use such data, other than credit card details, in order to provide you with information from time to time on other Redrock products that may be of interest to you.  You may contact Redrock to opt out of any marketing material that it sends out from time to time.

14.    Complaints

Redrock takes all complaints seriously and will use its best endeavours to ensure all complaints are addressed promptly.  If you have any complaints or issues please contact Redrock as soon as possible.

15.    General provisions

a.        No delay or failure by Redrock to enforce its rights or to do anything is to be taken as a waiver of that right.  A waiver can only be undertaken where an authorised representative of Redrock signs any such waiver.

b.        These terms and conditions and your purchase of the item(s) are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.