| 1.1. |
In these terms and conditions (where not inconsistent with the context): "Online Store" relates to the Online Sales Portion of the Website listed at the URL: www.etyrestore.com.au this domain and the Intellectual Property hosted on it is owned by ETyreStore Pty Ltd, and ETyreStore Pty Ltd reserves the right to speak freely and openly about the details mentioned in Product Information Sections. |
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| 1.2. |
"Deposit" relates to an amount paid to hold the goods for up to 10 Days. "Large Orders" relates to orders that exceed $1500 in a single transaction. |
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| 1.3. |
"Special Circumstances" relates to extenuating circumstances where it is judged by Senior ETyreStore Pty Ltd Staff that a customer requires special attention due to circumstances beyond their control. |
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| 1.4. |
"Non-Contactable" relates to customers that are not able to be contacted regarding their transaction. ETyreStore deems someone to be Non Contactable if we have tried on at least 5 separate occasions within 10 Days or the 'Holding Deposit Period' to get in contact with the customer without contact being achieved, a customer is only deemed uncontactable if we have left a minimum of three Voicemail messages, ETyreStore will not accept any liability for selling the product if a customer is uncontactable and the Holding Deposit Period Expires. |
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| 1.5. |
"Holding Deposit Period" relates to the 10 Days after which the holding deposit has been paid, The Holding Deposit Period Expires at 12am 10 Days from when the Deposit Period is Paid including the Day the Transaction details are sent from our website. |
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| 1.6. |
"eWAY" refers to Web Active Corporation Pty Ltd and its related bodies corporate. |
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| 1.7 |
"Intellectual Property" means all intellectual property rights of ETyreStore Pty Ltd whether in relation to the Site or Services or otherwise and includes all or any of the following: |
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| a) |
The Trade Marks of ETyreStore Pty Ltd whether in relation to the Site or Services or otherwise; |
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| b) |
The Trade Name or any other trade name under which ETyreStore Pty Ltd sells or distributes its Services or the provision of ETyreStore Services; |
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| c) |
Any present or future patents of ETyreStore Pty Ltd which relate to the ETyreStore Site (www.etyrestore.com.au), Designs, or Services or their manufacture/ assembly and application for the grant of any such patents; |
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| d) |
The technical and other information or expertise devised, developed or acquired by ETyreStore Pty Ltd or its employees or other applied in the development, servicing and sale of the Site or Services and in the management and operation of the Business; |
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| e) |
Copyright of ETyreStore in any written material, plans, designs, logos, slogans, labels, insignia or other work relating to the manufacture, merchandising, displaying, promotion and selling of the Site or Services; |
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| f) |
Designs, whether or not registered or protected by copyright devised or acquired by ETyreStore Pty Ltd and applied to the Business, the Site or Services. In this Agreement: |
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| i) |
All monetary amounts are stated inclusive of GST and are payable in Australian dollars, unless provided otherwise. |
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| ii) |
Where the context permits, the singular includes the plural and vice versa. |
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| iii) |
References to any "party" means a party to this Agreement and includes the successors, executors, administrators and permitted assignees (as the case may be) of that party. |
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| iv) |
Where a party consists of more than one person the liability of those persons in respect of the terms of this Agreement is joint and several. |
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| v) |
References to clauses, schedules and attachments are to clauses in, and the schedules and attachments to, this Agreement (unless stated otherwise). Each such schedule and attachment forms part of this Agreement. |
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| vi) |
References in the schedules and attachments to "the Agreement" are references to this Agreement. |
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| vii) |
References to any document(however described) shall include references to that document as modified, novated, supplemented, varied or replaced from time to time. |
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| vii) |
References to any document (however described) shall include references to that document as modified, novated, supplemented, varied or replaced from time to time. |
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| viii) |
References to a month or a year are references to a calendar month or calendar year. |
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| ix) |
All references to legislation are (unless stated otherwise) references to Australian Federal or State legislation and include all subordinate legislation, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation. |
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| x) |
Where the context permits, references to a "person" include an individual, firm, company, corporation or unincorporated body of persons, any public, territorial or regional authority, any government, and any agency of any government or of any such authority. |
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| xi) |
A reference to a time of day means the time in the Australian Capital Territory. |
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| xii) |
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. |
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| ETyreStore Policies |
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| 1. |
Website Information |
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All fields listed relating to each product is to the best of ETyreStore Pty Ltd's Knowledge relevant at the time of upload and ETyreStore Pty Ltd will not be held responsible for differences in tyre model changes or discrepancies between a product listing and the physical product, any opinions listed within the Comments/Tyre Information section of this Website is the view of the author and does not necessarily represent the view of ETyreStore Pty Ltd or its Partners. Details relating to Products Listed on the ETyreStore Website may change at any time without notice, and if details of the products are incorrect or listed in the incorrect section, it will be rectified as soon as it is brought to ETyreStore's Website Editing Staff and/or Designer's Attention. |
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| 2. |
Privacy Policy |
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Our Privacy Policy (www.etyrestore.com.au/privacy.php) relates to all Personal Details, Credit Card Information, Shipping Address Details, and all other relevant information collected on our Website. |
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| 3. |
Complaint Policy |
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Our Complaint Policy is listed within Section 4 of our Privacy Policy, and all sections of our Privacy Policy come under the following government Privacy Act- National Privacy Principles from Schedule 3 of the Privacy Act 1988 (Cth) as amended to 14 September 2006. For the latest version visit the ComLaw website: http://www.comlaw.gov.au/ |
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| 4. |
Payment Policy |
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| a) |
All credit card details and payments are sent securely through encryption to the payment gateway provider – eWAY (Web Active Corporation Pty Ltd and its related bodies corporate), all payments are processed securely and the purchase amount will be assigned yet not necesarily taken from the provided credit card until the purchase has been confirmed by ETyreStore, and is judged as being authentic. This allows credit card protection for both ETyreStore and our customer base. |
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| b) |
Payment amounts taken from the card are usually processed within 5 Days and shipped immediately after processing unless ETyreStore Pty Ltd staff believe further investigation is required in which case the shipping and/or processing Time will be taken out to 14 days at which time if we believe that the sale is fraudulent the amount will not be processed and the amount will be assigned back to the credit card. ETyreStore Pty Ltd accepts no responsibility or liability relating to fraudulent information being sent to us, we operate under clear guidelines which protect both ETyreStore Pty Ltd and its customers. These guidelines are as follows: |
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| i) |
In-Store Credit Card Payment Policy |
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ETyreStore Pty Ltd accepts credit cards, providing the credit card's owner is present and able to sign the transaction receipt. We do not store any credit card details and all relevant security procedures are followed to keep the credit card owners details safe during transactions. (Please Note: We encourage our staff to look very carefully at credit card Signatures, and other identification may be required if signatures are not clear). |
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| ii) |
Phone Credit Card Payment Policy |
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Credit cards will be accepted over the phone, however the goods being sent out will be subject to a time delay (This is to protect both ETyreStore Pty Ltd and credit card holders from credit card fraud), the purchased products will be sent out within 72 Hours from purchase providing that ETyreStore Pty Ltd staff members deem that the transaction is authentic and credit card transactions will be double checked to ensure that credit card details are still authentic and that the credit card has not been stolen or used without the card owner's permission. |
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| iii) |
Online Credit Card Payment Policy |
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When using our online store, customers are given several payment options when making payments, The first will option is by credit card, our online credit card procedure uses eWAY secure transaction servers and payment systems. As with credit card over the phone transactions there can be a time delay, (the purchased products will be sent out up to 72 hours from purchase unless the transaction is believed to require further investigation), and credit card transactions will be double checked to ensure credit card details are still authentic and that the credit card has not been stolen or used without the credit card owners permission. |
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| iv) |
In-Store Personal Cheque Payment Policy |
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ETyreStore Pty Ltd will accept personal cheques providing that Identification is provided in person by the owner of the cheque, or an authorised representative of the owner of the cheque. |
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| v) |
Posted Cheque Payment Policy |
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ETyreStore Pty Ltd will accept posted cheque payments, however the goods will be sent after the cheque has cleared. (Usually 3 to 10 days). If the cheque does not clear within 10 days then another form of payment must be organised by the customer, if the customer elects to not continue the transaction and a holding deposit has been payed, the customer forfeits the deposit as payment for the time the good were held. |
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| vi) |
In-Store Company/Business Cheque Payment Policy |
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Company/Business cheques are accepted ETyreStore Pty Ltd, but like personal cheques,identification of the authorised company representative will be required. Cheques that are sent via postage will be accepted, however the goods will be sent after the cheque has cleared. (Usually 3 to 10 days). If the cheque does not clear within 10 Days then another form of payment must be organised by the customer, if the customer elects to not continue the transaction and a holding deposit has been payed, the customer forfeits the deposit as payment for the time the good were held. ETyreStore Pty Ltd also reserves the right to phone the company whose name appears on the cheque and ask about the authenticity of the transaction. |
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| vii) |
Bank Cheque Payment Policy |
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Bank cheques are an acceptable form of payment, however they are usually only used for large orders due to an administration fee being charged at the issuing bank, we accept bank cheques for any amount. Bank cheques will be accepted via postage, and the goods will be sent as soon as we have confirmed authenticity with the issuing bank. |
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| viii) |
Online Order Deposits |
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All deposits paid online in our online store are subject to the following conditions, if the deposit amount is paid the goods are held for a maximum of 10 days, after which we will require a further deposit amount payment, or the balance owing on the goods paid. The holding deposit is for the cost of storage and security while the customer organises further payment or pickup of the goods purchased. If the customer elects not to pay the balance on the goods purchased or make another payment for the same amount as the original holding deposit amount the original holding deposit amount will be forfeited. |
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| ix) |
Deposits for Large Orders |
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Deposits for large orders must be at least 10% of the total order amount when purchasing online unless ETyreStore Pty Ltd grants special permission to allow the transaction to proceed under special circumstances. |
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| x) |
Forfeiting Deposits |
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A customer who pays a deposit for later pickup must pickup their goods within 10 days of making the deposit payment. If the customer is non-contactable then the goods will be held for 10 days. After which if contact with the customer has still not been achieved then the goods will be put back on the market and the deposit will be forfeited. |
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| 5. |
Shipping Policy |
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ETyreStore utilises both in-house and third party contractors to guarantee the most cost effective and efficient transport available. |
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| a) |
In-House Delivery Services |
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In selected areas throughout Australia ETyreStore Pty Ltd utilises its network of staff, business alliances and franchisee's to provide delivery services, these services are easily tracked by contact ETyreStore Pty Ltd by Phone or Email. |
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| b) |
Third Party Contractors |
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Third party contractors are utilised for many parts of our australia wide freight and delivery Services and by accepting freight quotes and/or delivery services you are agreeing to the following conditions: |
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| i) |
Damaged Goods |
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ETyreStore Pty Ltd will not be held liable for damage incurred to sent goods by a third party transport agency. |
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| ii) |
Lost or Stolen Goods |
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ETyreStore Pty Ltd is not liable for lost or stolen goods once possession has been taken by a third party transport agency and the customer is advised to contact the third party transport agency in relation to receiving the lost or stolen goods. |
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Payments made for shipment of goods are non refundable unless the incorrect goods have been sent and an ETyreStore Pty Ltd staff member has been proven to be at fault; in which case ETyreStore Pty Ltd will pay the freight amount to get the correct goods to the customer. For More Information relating to refunds please see the ETyreStore Refund Policy. |
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| 6. |
Warranty Policy |
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| a) |
ETyreStore Warranty Information |
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ETyreStore Pty Ltd products come with a 1 year warranty from the purchased date. This warranty is subject to the following conditions: |
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| i) |
Policies relating to In-Store Tyre Fitting/Balancing |
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ETyreStore's In-Store Tyre Fitting and Balancing is available for customers purchasing tyres. This is a service that immediately ensures that any damage that is proven to be a result of fitting error is covered under warranty. Wheel Balance problems can also be brought back and investigated if vibrations are occurring, however this service can incur a fee if the problem is deemed to be a prior fault with the vehicle owners rim. |
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| ii) |
Policies relating to Mobile Tyre Fitting and Balancing |
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ETyreStore's Mobile Tyre fitting service is able to fit and balance tyres at a location of the vehicle owners choice. This is a service which is provided at an additional cost and is not able to handle warranty claims. All warranty claims must be sent to ETyreStore Pty Ltd's main location for investigation and decisions relating to the product warranty. |
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| iii) |
Policies relating to Third Party Tyre Fitting and Balancing |
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ETyreStore Pty Ltd will not be held liable for damage incurred by incorrect fitment of our products at Third Party Tyre fitting providers. If a tyre is returned to have a warranty claim investigated, and the fault is proven to be caused by negligence of a Third Party Tyre Fitting Provider ETyreStore will not warrant any problems that are a direct result of the Third Party Fitting provider's negligence. |
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| b) |
The ETyreStore Pty Product Warranty relates to manufacturer faults, our warranties do not cover puncture repairs, forced damage, road damage or gutter damage to any part of the tyre. Warranty claims on tyres must be evaluated by senior ETyreStore Pty Ltd staff and will be checked for signs of wear and tear, misuse, and problems caused by suspension/running gear. For more information please refer to our Warranty Policy. |
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| 7. |
Contacting ETyreStore |
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Notices 8.1 - All notices must be in writing and be given by any one or the following means: |
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By delivering it to the address of the party specified in this Agreement. |
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| b) |
By sending it to the address of the party by pre-paid mail. |
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| c) |
By emailing it to the address of the party and on the next business day giving it by either of the means set out (a) or (b). |
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By sending it by facsimile transmission to the facsimile number of the party. |
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| e) |
The postal address, facsimile number and email address of each party is set out below. |
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