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Cancellations and returns

(a)        You may not cancel your order after we have dispatched your Order Confirmation to the email address that you provide to us, where you have:

(i)         changed your mind;

(ii)        requested services to be performed in a away which is against our advice; or

(iii)       failed to provide accurate information or otherwise clearly explain the services you require.

(b)        If you are unable to attend the installation on your selected installation date, you may request to reschedule to a new installation date up to 24 hours prior to your original installation date, or as agreed with us.

(c)        We do not accept returns or make cash refunds for change of mind or where you have ordered inappropriate or incorrect products for your vehicles.  In the event that you have selected products which are inappropriate for your vehicle, we may choose to credit the amount already paid for those products towards an alternative product of equal or greater value.

Cancellation by us

(a)        We may delay, withhold or cancel supply of an order without liability where: (i) we have insufficient goods or availability of resources to supply services to fulfil the order or the goods or services are not available to supply; (ii) we have insufficient personnel at the Beaurepaires Site at which you have chosen to have your goods installed; (iii) you are in breach of these Terms or any agreement with us; and/or (iv) we have, in our sole discretion, any safety concerns.

(b)        We may cancel the transaction, notwithstanding that the order has been confirmed and your credit card has been charged if the products are listed at an incorrect price, listed with incorrect information, out of stock, or the Installation Date is unavailable due to a (i) typographical error or other similar oversight; or (ii) a system error, technical error or other similar error.

(c)        If we become aware that on your installation date, the Beaurepaires Site at which you have chosen to have your goods installed has insufficient:

(i)         goods or availability of resources to supply services to fulfil the order or the goods or services are not available to supply; or

(ii)        personnel available to perform the services to fulfil the order,

we may, with your agreement and without cancelling your order:

(iii)       change the installation date of your order;

(iv)       re-locate the installation of your order to an alternative Beaurepaires Site; or

(v)        both (iii) and (iv),

[an "Order Change"].  If we are unable to agree on an Order Change, then we will be taken to have cancelled your order.

(d)       If a cancellation occurs in accordance with paragraphs (a)(i), (a)(ii), (b) or (c) after your credit card has been charged for the purchase through this Website, we will as soon as possible issue a credit to your credit card account equal to the purchase price.

Commercial terms

If an order is made for purposes other than personal, household or domestic use, to the extent permitted by the ACL:

(a)        you must rely on your own knowledge and expertise in selecting any goods and/or services for any purpose and any advice and/or assistance given by or for usis at your risk and shall not be or be deemed to be given as expert or adviser nor to have been relied on by you or anyone claiming through you;

(b)        you agree to: (i) check all goods for compliance with all applicable laws, standards and/or guidelines before use, on-sale and/or application; (ii) comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by us and/or by any manufacturer; and (iii) act in accordance with good practice at all times; and

(c)        you agree that if any dispute arises concerning an order (including any question of identity or authority) our internal records shall be conclusive evidence of what was ordered.

Product Disclaimer:

(a)        To the extent permitted by the ACL and without derogating from clause 1.4we disclaim all responsibility and/ or liability whatsoever in relation to any goods and/or services (including tyres & tubes) sold subject to these Terms or otherwise which are: (i) fitted to or used on rims or wheels: (A) which do not comply with any specifications of the Tyre & Rim Association of Australia [“TRAA”] or other applicable standard referenced in the relevant Australian Design Rule (ADR42), or which are used in contravention of any applicable statutory provision; (B) which are out of alignment, damaged, rusty or otherwise in improper condition; (C) used in abnormal conditions (including off road use, trials, rallies, record attempts etc); (D) in conjunction with tubes and/or valves which are not recommended or approved by us; (E) in breach of good practice including improper or careless fitting (other than a negligent fitting was performed by us) or use or any of our conditions of use or recommendations; (F) with undersized tubes or flaps; (ii) damaged in any way after manufacture (other than by our negligent acts); (iii) improperly inflated at any time or used with substitutes for air which are not recommended by us; (iv) used for any purpose which is in excess of the ratings marked on the tyre side walls or specified by the TRAA (from clause A); (v) used for excessive loads or at excessive speeds; (vi) altered, reprocessed or repaired in any way whatsoever (other than negligently by us, our authorised agents); (vii) purchased by you second hand or blemished; (viii) treated at any time with any sealant for any reason; and (ix) misused, or which come into contact with solvents or other chemicals, are subject to prolonged exposure to infra red or ultra violet rays and other light sources, heat, ozone from electric motors or other electrical equipment, or incorrect storage.

(b)        You acknowledge that tyres and tubes can be damaged by (inter alia) any of the matters referred to above.

Warranty:

(a)        Unless otherwise specified, all goods are sold subject to their manufacturer's warranty.

(b)        Notwithstanding clauses2 or 5, if any tyre or tube sold by us develops any fault which is due to a defect in manufacture, processing or material and which in our opinion precludes reasonable usage being obtained by you, then provided such tyre or tube is returned to us at any Beaurepaires Site within 14 days of you becoming aware of the fault, with all transportation charges prepaid, we will either:

(i)         repair or replace the tyre or tube free of charge; or

(ii)        provide a credit to you calculated as (A) the original purchase price of the tyre (or, if you cannot provide proof of purchase, the Beaurepaires online advertised price for that tyre or an equivalent from its core range), multiplied by (B) the amount of usable tread depth remaining on the relevant tyre, expressed as a percentage of the maximum tread depth on a new tyre of that type.

(c)        Subject to clause 4 and to the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.

(d)       For avoidance of doubt, if you are a consumer, nothing in these Terms affects your rights to terminate these Terms if you reject the goods under s 259 of the ACL.

(e)        All warranty adjustments must be made on a properly completed warranty adjustment processing form.

(f)        We may also offer additional warranties from time to time with the sale of select goods, or for an additional charge, including:

(i)         a road hazard warranty; or

(ii)        a tread life warranty.

You are responsible for reviewing any additional terms and warranties to your purchase to see whether either of these warranties are included for your selected goods.

Consumer GuaranteeS & ACL:

The ACL provides consumers with certain consumer guarantees and rights in relation to certain transactions concerning goods and/or services (see www. consumerlaw.gov.au). Any rights you may have under the ACL shall apply notwithstanding any inconsistent provisions in these Terms which shall be read down to the extent necessary to comply with the ACL and which shall otherwise apply to the fullest extent legally permissible.

Limitation of Liability:

(a)        If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

(i)         if the breach relates to goods:

(A)       the replacement of the goods or the supply of equivalent goods;

(B)       the repair of such goods;

(C)       the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(D)       the payment of the cost of having the goods repaired; and

(ii)        if the breach relates to services:

(A)       the supplying of the services again; or

(B)       the payment of the cost of having the services supplied again,

and if item (i) or item (ii) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

(b)        Where clause 5(a) does not apply, to the extent permitted by the ACL:

(i)         you agree to limit any claim to the replacement/repair of the goods (or cost thereof) and/or re supply of services (or cost thereof); and

(ii)        we shall not be liable for: (i) any claim, loss or expense which is made after 7 days from the date of delivery of goods and/or services – after which there shall be deemed to have been unqualified acceptance of the goods and/or the services; (ii) any loss of profit, loss of goodwill or savings and otherwise any consequential loss and/or any special and/or punitive damages through any fault of ours or otherwise; and/or (iii) any claim in any way caused and/or contributed to by you and/or any third party.

General exclusions:

To the extent permitted by the ACL:

(a)        no dealing between us and you shall be or be deemed to be a sale by sample;

(b)        all goods are sold subject to all applicable trading terms, warranties and representations of the manufacturer; and

(c)        we are not be responsible nor liable for paying and/or obtaining any necessary judicial, statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licences required by you.

Changes to goods and services

We reserve the right to make changes to the goods and services we provide.  This includes, without limitation, changing the products that are available for sale, or the times and locations available for installation.

Other terms

The Website Terms of Use, Privacy Policy, any other terms and conditions made available by us (including promotional or product-specific terms and conditions) and all such terms and conditions set forth therein are hereby incorporated into this Terms by reference.

Contact

If you have any queries, issues or complaints about these Terms please contact us through the function available at https://www.beaurepaires.com.au/contacts/.