TERMS & CONDITIONS OF SALES
“Buyer” means the person or company placing an order with Supplier for the purchase of goods. “Conditions” or these “conditions” means these conditions of Sale.
“Goods” means all goods, merchandise and services supplied by Supplier, pursuant to these conditions of sale
2. Conditions of Sale
These conditions are the conditions upon which Budget Tyre Outlet will deal with & sell products to a Buyer. Budget Tyre Outlet may vary these conditions from time to time.
Any such amendments shall be binding on the Buyer. The placement of an order by the buyer will be deemed acceptance of these conditions.
Coupons or vouchers must be redeemed online and may not be redeemed over the phone or instore. Only one coupon may be redeemed at a time and may not be used in conjunction with any other coupons or offers.
3. Alterations of Conditions
These conditions shall apply to all orders placed by buyer with Supplier to the exclusion of all other items or conditions unless otherwise expressly agreed in writing. If the terms of the buyer order are inconsistent with these conditions the delivery of the goods to buyer or as buyer directs shall constitute an offer by Supplier to sell the goods to buyer pursuant to these conditions which offer buyer shall be deemed to accept by taking delivery of the goods.
4. Supplier May Decline Orders
Supplier reserves the right to accept in whole or part any order or decline an order.
The date for delivery is the estimated date of delivery only. Supplier shall be under no liability for any loss or damage whatsoever arising if the goods are not delivered by that date. Where Supplier is unable to deliver the goods because of matters beyond the control of Supplier, then the estimated date for delivery shall be extended until the cessation of the effect of such matters.
6. Point of Delivery and Passing Risk (online sales)
Unless otherwise agreed in writing. Buyer shall take delivery of the goods at the buyer nominated delivery address and risk in respect of the goods shall pass on such delivery. To the extent that the Supplier accepts responsibility for damage goods in transit, such responsibility shall end upon delivery into buyers store to his authorized agent. In any event, Supplier will accept no liability for damage to goods in transit not notified in writing to it and to the carter concerned within seven (7) days after delivery of the goods to buyer .
7. Delivery (online sales)
Supplier shall accept no liability for non –delivery of goods unless notifications of such non delivery is received with twenty –one (21) days after receipt of Suppliers statements including the non-delivered goods. Suppliers liability for non –delivery shall be limited to be replaced of the goods within a reasonable time. Supplier shall not accept liability for wheels damaged in transit. Damage claims must be made to delivery fright carrier.
(a) Until the Supplier receives full payment in cleared funds for all goods supplied or services provided by it to the Buyer, as well as all other amounts owing to the Supplier by the Buyer:
(b) title and property in all Goods remain vested in the Supplier and do not pass to the Buyer;
(c) the Buyer must hold the Goods as fiduciary bailee and agent for the Supplier;
(d)the Buyer must keep the Goods separate from its goods and maintain the Supplier’s labelling and packaging;
(e)the Buyer must hold the proceeds of sale of the Goods on trust for The Supplier in a separate account however failure to do so will not affect the Buyer’s obligation to deal with the proceeds as trustee;
(f) The Supplier may without notice, enter any premises where it suspects the Goods are and remove them, notwithstanding that they may have been attached to other Goods not the property of the Supplier, and for this purpose the Buyer irrevocably licences the Supplier to enter such premises and also indemnifies the Supplier from and against all costs, claims, demands or actions by any party arising from such action.
(g) The Buyer acknowledges and agrees that the Personal Property Securities Act 2009 (Cth)(PSSA) applies to the supply of the Goods.
Unless otherwise agreed by Supplier, all returns should be made via the authorized Suppliers transport making the initial delivery and all returned goods must be accompanied by an itemized credit claim signed by an officer /employee of the buyer stating the reason for the return goods unless relevant invoice number (s) are quoted if any returned goods are damaged or destroyed on or prior to return Suppliers warehouse.
(a) All costs involved with wheels, tyres or accessories returned to the Supplier shall be the sole burden of the buyer unless otherwise agreed upon by the Supplier. Returned goods must have a freight fee paid for prior to being returned. Any goods returned without consent of the Supplier shall be kept in the Suppliers possession with no action taken until freight fees have been paid for. Any goods not accepted by the buyer from the courier may incur further delivery fees in accordance with courier resending fees.
(b) Wheels/Rims that have been fitted with tyres will not be accepted for return
(c) Wheels will not be accepted for return unless in original packaging
(d) Tyres will not be accepted for return if they have been mounted to wheels
(e) 15% restocking fee applies on all orders cancelled by customer. This is subject to change depending on product.
(f) If wheels have been driven on we cannot accept a refund as new wheels and tyres. A less amount may be offered if refund is agreed to. Also shipping costs will be paid to prior by the customer. The customer will have to wrap the wheels correctly to comply so there is no damage.
(g) If wheels have been modified or painted in any way shape or form they will be rejected and not be able for a refund or swap.
(h) No warranty or refund applies to the sale of second hand goods, which are sold "as is".
(j) No warranty applies to Buyer supplied products.
All images displayed on this website are for illustration purposes only. Actual product may vary slightly in terms of shade of colour, PCD (bolt pattern), number of pcd bolt holes, dish or lip width and Concave Angle/Depth to name a few. The image shown is supplied by the manufacturers and the wheels may vary due to sizes and pcd bolt holes. To make sure what the exact wheel looks like please contact us with the size of the wheel and model so we can supply you with the exact look of the wheel chosen based on size and pcd holes. If there is another option that we can supply and is the discretion of the customer service agent we may swap the wheel and all freight costs and wrapping must be paid by the customer at a coast price basis.
11. Wheels Care Instructions
Always clean chrome or painted wheels by hand with mild soap and water regularly. Failure to do so could lead to paint/chrome being damaged. Do not use any pressure hoses, harsh chemicals, detergents or polishing compounds that contain abrasives on chrome or painted wheels.
Using these types of products can cause permanent damage to your wheels and will void your warranty! Remember to run cool water on wheels before cleaning or let wheels cool off themselves failure to cool wheels before cleaning can caused discoloration. Automatic car washes are not recommended.
(a) The risk in the Goods and all insurance responsibility for theft, damage or otherwise passes to the Buyer upon the earlier of:
(i) actual or constructive delivery of the Goods to the Buyer; or
(ii) collection of the Goods from the Supplier or any agent of the Supplier or from an Authorised Supplier by or on behalf of the Buyer;
(b) The Buyer assumes all risk and liability for loss, damage or injury to persons or to property of the Buyer, or third parties arising out of the use, installation or possession of any of the Goods sold by the Supplier, unless recoverable from the Supplier on the failure of any statutory guarantee under the ACL.
(c) The Supplier shall not be liable for the loss or damage to the vehicle, its accessories or contents whilst in their care in connection with the work authorised. No valuables should be left by the buyer in the vehicle.
(a) Any period or date for delivery of Goods or provision of Services stated by the Supplier is an estimate only and not a contractual commitment.
(b) The Supplier will use its reasonable endeavours to meet any estimated dates for delivery of the Goods but will not be liable for any loss or damage suffered by the Buyer or any third party for failure to meet any estimated date.
(c) If the Supplier cannot complete the Services by any estimated date, it will complete the Services within a reasonable time.
Terms of Service
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://www.budgettyreoutlet.com.au, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Budget Tyre Outlet.
By accessing this web site, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
The terms "us" or "we" or "our" refers to Budget Tyre Outlet, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
A "Member" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Budget Tyre Outlet without express composed consent. You might not use any meta tags or any various other "unseen text" utilizing Budget Tyre Outlet's name or trademarks without the express written consent of Budget Tyre Outlet. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Budget Tyre Outlet, in other way that is likely to trigger confusion among consumers, that disparages or challenges Budget Tyre Outlet or its licensors, that dilutes the strength of Budget Tyre Outlet's or its licensor's residential property, or that otherwise infringes Budget Tyre Outlet's or its licensor's copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that Budget Tyre Outlet develops to generate or show any Material of the pages making up the Website is likewise secured by Budget Tyre Outlet's copyright, and you may not copy or adjust such code.
Budget Tyre Outlet has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.
If alerted by a User of any products which allegedly do not conform to these Terms, Budget Tyre Outlet could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Budget Tyre Outlet has no liability or duty to Individuals for efficiency or nonperformance of such activities.
You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Budget Tyre Outlet additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it's sole discernment.
Budget Tyre Outlet does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. Budget Tyre Outlet books the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless Budget Tyre Outlet suggests otherwise, you grant Budget Tyre Outlet a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant Budget Tyre Outlet and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify Budget Tyre Outlet for all claims resulting from Content You supply. Budget Tyre Outlet has the right but not the commitment to edit and keep track of or eliminate any task or Material. Budget Tyre Outlet takes no duty and assumes no liability for any content published by You or any 3rd party.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Revisions and Errata
The materials appearing on Budget Tyre Outlet’s Website could include technical, typographical, or photographic errors. Budget Tyre Outlet does not warrant that any of the materials on its Website are accurate, complete, or current. Budget Tyre Outlet may make changes to the materials contained on its Website at any time without notice. Budget Tyre Outlet does not, however, make any commitment to update the materials.
The materials on Budget Tyre Outlet's Website are provided "as is" Budget Tyre Outlet makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Budget Tyre Outlet does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Budget Tyre Outlet nor the Website has control over the quality or fitness for a particular function of a product. Budget Tyre Outlet likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY Budget Tyre Outlet ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Budget Tyre Outlet MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS Website OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Budget Tyre Outlet DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. Budget Tyre Outlet DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Budget Tyre Outlet ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Budget Tyre Outlet WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Website OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Budget Tyre Outlet'S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Budget Tyre Outlet has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Site Terms of Service Modifications
Budget Tyre Outlet may revise these Terms of Service for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to Budget Tyre Outlet’s Website shall be governed by the laws of Australia without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.
You accept defend, indemnify, and hold safe Budget Tyre Outlet, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Budget Tyre Outlet will provide notice to You promptly of any such claim, match, or case.
Our Legal Terms shall be treated as though it were executed and performed in Australia and shall be governed by and construed in accordance with the laws of Australia without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Budget Tyre Outlet under our Legal Terms shall survive the termination of our Legal Terms.
(e) If delivery is attempted and is unable to be completed the Buyer is deemed to have taken delivery of the Goods and the Buyer is liable for storage charges payable monthly on demand.
(f) If agreed that the Buyer will collect the Goods from the Supplier or any agent of the Supplier or an Authorised Supplier:
(i) the Buyer must collect the Goods within 7 days of being advised they are ready;
(ii) if the Buyer does not collect the Goods within this time, the Buyer is deemed to have taken delivery of the Goods and is liable for storage charges payable monthly on demand.
(a) If the Supplier is unable to deliver or provide the Goods or Services, then it may cancel the Buyer's order (even if it has been accepted) by written notice to the Buyer.
(b) No purported cancellation or suspension of an order or any part of it by the Buyer is binding on the Supplier once the order has been accepted.
(c) Any cancellation or refund claims for purchases made online should be referred in the first instance to the Budget Tyre Oulet store from which the Goods are to be collected or at which the Services are to be performed.
(a) The Supplier will not be liable for any shortages, damage or non-compliance with the specifications in the Contract unless the Buyer notifies the Supplier with full details and description within 10 days of delivery otherwise the Buyer is deemed to have accepted the Goods.
(b) When any shortages, claim for damaged Goods or non-compliance with the Contract specifications is accepted by the Supplier, the Supplier may, at its option, replace the Goods, or refund the price of the Goods.
(c) The Supplier will not under any circumstances accept Goods for return that:
(i) have been specifically produced, imported or acquired to fulfil the Contract;
(ii) are discontinued Goods or no longer stocked by the Supplier;
(iii) have been used; or
(iv)are not in their original condition.
(a) These Conditions of Sale and Provision of Services will be interpreted in accordance with the laws of the Commonwealth of Australia and the laws of the State or Territory in which the Contract is made.
(b) If the Supplier provides credit to the Buyer, the sale and payment for Goods and/or Services provided are subject to the terms and conditions of provision of credit as published by the Supplier from time to time.
(c) If any provision of these Conditions of Sale and Provision of Services is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the provision shall be severed from these Conditions of Sale and Provision of Services without affecting the enforceability of the remaining provisions.
(d) The Supplier's failure to enforce any provision of these Conditions of Sale and Provision of Services shall not be deemed to be a waiver of any of its rights and remedies under these Conditions of Sale and Provision of Services.
(e) Where the Buyer is a company, the Buyer will, within seven (7) days of the appointment of a director, or the resignation of a director, or the issue of a share in, or the transfer of a share in the company, advise the Supplier in writing and provide full details.
(f) The Buyer must notify the Supplier of any event or transaction that will, or is likely to, adversely affect the Buyer's capacity to perform its, his or her obligations to the Supplier.
(g) the Buyer consents to the Supplier sending tax invoices and statements to the Buyer by way of email or other electronic means.
(h) the Buyer consents to the Supplier using the Buyer’s contact details provided to the Supplier for the purpose of sending :-
(i) commercial electronic messages as defined in and in accordance with the SPAM Act 2003 (Cth); or
(ii) marketing and promotional material.