Online Shopping Terms

ONLINE SHOPPING TERMS

1. Introduction

1.1. These online shopping terms (Online Shopping Terms) apply to orders and purchases made via our Services, as defined in our Terms of Service.

1.2. These Online Shopping Terms are incorporated by reference in the Terms of Service and should be read in conjunction with the Terms of Service and any other terms, conditions and policies specified in the Terms of Service (the Terms, as defined in the Terms of Service). If you do not agree to all of the Terms, do not use the Services.

1.3. Capitalised terms not defined in these Online Shopping Terms have the definition set out in the Terms of Service.

1.4. By ordering, making a purchase or return through the Services, you agree to comply with and be legally bound by, the Terms including these Online Shopping Terms.

2. Goods

2.1. You acknowledge and agree that:

(a) all pictures, images, video and other media of Goods displayed in the Services are for illustrative purposes only;

(b) any accessory or decoration featured with the Goods is for illustrative purposes only and is not included in the purchase unless specified in the Good description; and

(c) despite our efforts to provide accurate images of Goods, colours may vary from the displayed media of a Good due to specifications of different monitors and devices;

2.2. We reserve the right, in our sole discretion, to restrict the quantity of Goods which can be purchased in an Order or during a particular period of time or per person or per address.

2.3. We may withdraw or suspend from sale any Good displayed on our Services, temporarily or permanently, at any time and without notice.

3. Digital Goods

3.1. You may purchase our digital Goods, such as digital wallpapers or images, in the Services (Digital Goods).

3.2. Digital Goods will be delivered by download link in the Services or by email download link. Please ensure to read the Goods description carefully to ensure that the Good is suitable for the purposes you wish to use it for.

3.3. We make no warranties or representations that a Good is suitable for all devices, operating systems or monitors or that a Digital Good is suitable for any use other than for personal use.

3.4. Subject to your compliance with these Terms and any license provided with the Digital Good, by purchasing a Digital Good, we grant you a personal, limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use that Digital Good for personal use only. This license may be revoked at any time with written notice from us, subject to Australian Consumer Law.

3.5. You must not:

(a) use the Digital Goods other than as expressly allowed under the license set out in these Terms or any additional license which may be provided with the Digital Good;

(b) use the Digital Goods for any commercial purpose or modify the Digital Goods without obtaining prior written consent from us;

(d) use the Digital Goods in connection with any illegal use or in a manner that infringes any third party’s intellectual property rights;

(e) use the Digital Goods as, or part of, a trade mark, service mark, logo, or similar mark; or

(f) falsely attribute the Digital Goods to any other person other than as specified with the Digital Good.

3.6. If there is any inconsistency between these Terms and any additional license provided with a Digital Good, the additional license prevails to the extent of the inconsistency.

4. Trade Promotions

4.1. We may, from time to time, offer free entries into Motor Fools trade promotions with the purchase of a Good during a promotional period. Entry into the relevant trade promotion is subject to the specific terms and conditions of that trade promotion, which will be provided at on the Good’s product page or at or prior to checkout. The trade promotion terms and conditions should be read in conjunction with the Terms of Service and these Online Shopping Terms.

4.2. From time to time, we may run special promotions in relation to a trade promotion or our Goods, such as limited time double entries into a trade promotion or discounted packages which will be specified in the Services prior to checkout. We cannot retrospectively apply special promotions to previous purchases.

4.3. If you return a Good or part of a Good for any reason for a refund (rather than replacement/repair), any free entries into a trade promotion received in connection with the purchase of the Good will be cancelled and void.

5. Orders

5.1. By placing an Order via the Services, you are making an irrevocable offer to us to purchase the Goods of the quantity and for the price specified in the Order, plus any applicable delivery fees, bank or transaction fees, taxes, customs charges and duties.

5.2. Each Order that you place constitutes a separate contract with us. All Orders are subject to our acceptance of the Order and availability of Goods.

5.3. You warrant and represent to us that:

(a) you will only use the Goods for personal, non-commercial use and that they will not be -re-sold commercially without our prior written consent;

(b) in paying or attempting to pay for an Order, you agree that you have not breached any law, infringed any third-party right or engaged in any fraudulent conduct; and

5.4. Orders are deemed to be accepted by us at the time we send an order acceptance confirmation email to your nominated email address and receive payment in cleared funds from you. We reserve the right to reject an Order for any reason, in our sole discretion. It is your sole responsibility to ensure that you have provided the correct contact and payment details at the time of placing your Order.

6. Cancellation

6.1. Any Order cannot be cancelled once submitted. You should ensure to carefully check that your Order and details are correct before submitting it to us.

6.2. Whilst we use reasonable endeavours to process Orders placed with us, we may need to cancel an Order because of certain circumstances, such as where we are unable to get in contact with you regarding your Order or other factors outside of our control. We reserve the right to cancel any Order at any time, in our sole discretion, by written notice to you.

6.3. If you have already made payment for an Order at the time we cancel an Order, you will be refunded to your original method of payment as soon as practicable. Except as set out in this paragraph 6.3, we will not be liable to you or any other third party for any cancellation of an Order or withdrawal of Goods from the Services.

7. Price and payment

7.1. All prices are in Australian dollars, and if GST applies, is inclusive of GST.

7.2. Accepted payment methods are specified at checkout and may be subject to change. You agree to any third party terms and conditions or policies applicable to the payment method you choose.

7.3. If your payment method cannot be processed, we will notify you and reject your Order until you provide a valid payment method.

7.4. Goods are sold for the price specified in the Services, except in cases of genuine human or system error. If we discover an error in the price of any Good you have ordered, we will notify you at your nominated email address as soon as practicable and may either reject and refund that part of the affected Order, or give you the option to reconfirm the Order for the affected Good at the correct price or cancel that part of the affected Order.

7.5. If we do not receive a response from you within 5 days of notifying you, the Order for that Good will be treated as cancelled and any amounts already paid for that Good will be refunded. We will fulfil the rest of your Order for unaffected Goods.

7.6. We are under no obligation to provide Goods to you at an incorrect price due to error.

7.7. We reserve the right to change or update our prices for Goods at any time, such changes will be applicable to Orders made after the change or update.

8. Returns

8.1. Please choose carefully as we do not accept returns for change of mind. If you wish to return a Good due to it being faulty or otherwise as required under Australian Consumer Law, please contact us at info@motorfools.com.

9. Privacy

9.1. Any personal information you provide to us via the Services is subject to our Privacy Policy.

10. Promotions and offers

10.1. We may offer special promotions, offers, discounts and sales (Offers) from time to time in the Services, in-store or via a promotional code to be used at check out. Offers may be subject to additional terms and conditions as specified with the offer, which may include exclusions or other limitations. It is your responsibility to read such terms and conditions carefully.

10.2. Unless otherwise stated, Offers are not applicable in conjunction with any other

10.3. We reserve the right to run any particular Offer online only, or in-store only, as specified with the Offer.

10.4. Unless otherwise stated, all references to times and dates in any Offers are based on Australian Eastern Standard Time in Victoria, Australia.

11. Indemnity

11.1. We agree to indemnify and hold you harmless from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising out of or in connection with our breach of these Terms.

11.2. You agree to indemnify and hold harmless, Motor Fools, our directors, officers, employees, agents and affiliates, from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising out of or in connection with:

(a) your actual or suspected breach of these Terms or any warranty or representation under these Terms; and

(b) your actual or suspected breach of any law, or infringement on any rights of a third-party.

12. Limitation of liability

12.1. Nothing in these Terms operate to exclude, restrict or modify any warranties, conditions, guarantees, rights and remedies that which cannot be excluded, restricted or modified by law, including Australian Consumer Law (Non-Excludable Rights). To the extent that such legislation applies, these Terms must be read subject to those statutory provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions.

12.2. To the maximum extent permitted by law and to extent that such Non-Excludable Rights and remedies apply, our liability is limited to:

(a) the resupply of the relevant services;

(b) replacement (where possible) for the Goods or an equivalent Good; or

12.3. Except for Non-Excludable Rights and to the maximum extent permitted by law, we exclude all implied terms and warranties, whether statutory or otherwise, in connection with the Goods.

12.4. To the maximum extent permitted by law, we agree that you will not be liable to us or any third party, for any actions, claims, costs, damages, expenses, losses or liabilities (Liabilities), whether direct, indirect, incidental or consequential, and whether based on warranty, contract, tort or otherwise, including lost profits, lost business, loss of anticipated savings, loss of data, opportunity or good will, arising out of or in connection with:

(a) our breach of these Terms; or

(b) our breach or suspected breach of any third-party rights,

except where such Liabilities were caused or contributed to by you, or your gross negligence or fraud.

12.5. To the maximum extent permitted by law, you agree that Motor Fools, our directors, officers, employees, affiliates, agents or contractors, will not be liable to you or any third party, for any actions, claims, costs, damages, expenses, losses or liabilities (Liabilities), whether direct, indirect, incidental or consequential, and whether based on warranty, contract, tort or

otherwise, including lost profits, lost business, loss of anticipated savings, loss of data, opportunity or good will, arising out of or in connection with:

(a) your breach of these Terms;

(b) your use of the Goods in a manner other than in accordance with any applicable license or these Terms;

(d) the availability of the Services or any Goods;

(e) the withdrawal or suspension of sale of a Good; or

(f) any delay or failure to process your Order or deliver Goods due to inaccurate incomplete details provided in an Order,

except to the extent that such Liabilities were caused by our gross negligence or fraud.

12.6. To the maximum extent permitted by law, each party’s total aggregate liability to the other arising out of or in connection with these Terms is limited to the amounts paid to us by the Customer for Goods, within the 6 months immediately preceding the event giving rise to the liability.

13. Force Majeure

13.1. We will not be liable for any failure to perform, or any delay in the performance of obligations under these Terms due to any act, event, omission, or accident outside of our reasonable control, including strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack, threat of terrorist attack, war (whether declared or not), threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, infection or other natural disaster, impossibility of use of transport or any type of transport or telecommunication network, any act, degree, legislation, regulation or restriction of government or any shipping, postal or other transport strike, failure or accident (Force Majeure Event).

13.2. Our performance under any contract will be deemed to be suspected for the period of the Force Majeure Event. If the Force Majeure Event continues for longer than 30 days, we may cancel the contract by giving written notice under these Terms.

14. General

14.1. Applicable laws and jurisdiction: These Terms and its subject matter, are governed and construed under the laws of Victoria, Australia. You irrevocably agree that the alternative dispute resolution mechanisms and/or courts of Victoria, Australia have exclusive jurisdiction over any action, dispute or claim that arises out of or in connection with these Terms or its subject matter, whether contractual or non-contractual.

14.2. Inconsistency: If there is any inconsistency between the terms of these Online Shopping Terms and any other terms between you and us, these Online Shopping Terms will take precedence to the extent of the inconsistency, unless expressly stated otherwise.

14.3. Severability: If any term in these Terms is invalid, void, illegal or unenforceable, it is deemed to be amended to the minimum extent necessary to make it valid, legal and enforceable. If such amendment is not possible, then the relevant term is severed from the Terms.

14.4. Survival: Clauses 5.3 (Warranties), 7 (Prices and payment), 8 (Returns), 11 (Indemnity), 12 (Limitation of liability), 13 (Force majeure) and 14 (General) survive termination of these Terms.