The following Terms & Conditions apply only to products purchased from Carrera Group Pty Ltd.
All information on this website is provided in good faith. To avoid any misunderstandings, please take a moment to read these Terms, which govern the contract between us. They set out the basis of how you use our site, the purchase of our Products, what we provide, what we charge and what we ask of you in return.
By submitting an Enquiry and/or an Order to us, you are agreeing to these Terms and our, Privacy Policy which will apply to any purchase you make from Carrera Group Pty Ltd.
SUMMARY
1. Definitions
2. Product Details
3. Price of the Products
4. Enquiries
5. Order Acceptance and Payment
6. Our Right to Cancel
7. Delivery
8. Right of Cancellation
9. Warranties and Refunds
10. Returns Procedure
11. Use of Website
12. Liability
13. Notices, Enquiries and Complaints
14. Intellectual Property
15. Privacy Policy
16. General
1. Definitions
1.1. In these terms and conditions ("the Terms") unless the context otherwise requires, the following words and phrases shall have the following meanings:
"Customer Material" means any information provided by the customer to Carrera Group Pty Ltd including, but without limitation, your details, sizes, delivery details, requirements or any information provided in the Enquiry or Order;
"Enquiry" means any enquiry made of Carrera Group Pty Ltd;
"Force Majeure Event" includes any delay or failure to perform our obligations as set out in these Terms where such delay or failure to perform arises from circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war;
"Sales Order Acknowledgement" an order confirmation from Carrera Group Pty Ltd to you confirming receipt of your payment and the acceptance of your order;
"Price" means a price issued by Carrera Group Pty Ltd to you in response to an Sales Order Acknowledgement and/or an Enquiry;
"Product" means products available for sale on the Website;
"Carrera Group", "CG", "us" or "we" means Carrera Group Pty Ltd (ABN 82 106 675 503);
"Website" means the Website for the sale of the Products at www.carreragroup.com.au and eBay Store Australia
"Writing" includes email, fax, or other comparable means of communication;
"you", "your" or "customer" means the person, firm or company placing an order for Products with Carrera Group.
2. Product Details
2.1. The Products displayed on this Website are not shown to actual size nor are their images binding as to detail. Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the Product details and content where given. If the Product you receive is materially different from the Product details specified you shall be entitled to reject it without penalty.
2.2. All Products are subject to availability. In the unlikely event of a change in the specification or quality of the goods ordered we will offer you a substitute item of the same or better quality for the same price, which you shall be entitled to reject by returning the item within 7 days from the date the Product has been delivered to you.
3. Price of the Products
3.1. Subject to the provisions of clauses 3.5 and 3.6 the Price of the Products will be as stated on our Website at the time you submit your order.
3.2. Prices stated on the Website include 10% Australian Goods & Services Tax (GST) for the item(s) but not the cost of delivery and insurance during freight as that cost is dependent upon the value, weight and size of the item(s) purchased and so is advised separately to the Prices stated.
3.3. Orders for delivery to an address is outside of Australia will have GST deducted at checkout, but may be subject to local customs duty on entry to the destination country.
3.4. All Products must be paid for in full before being dispatched.
3.5. The price of the products stated on our website may vary due to factors outside of our control, or if there is a delay between the time of the order and you receiving your Sales Order Acknowledgement. In these circumstances you will be entitled to cancel your order if the price increase is not acceptable to you.
3.6. Without prejudice to clauses 3.4 or 6.1.1, if we discover an error in the price of the Products offered we will contact you to resolve the situation.
4. Enquiries
4.1. By making an Enquiry you are under no obligation to purchase any Product but you agree to be bound by these Terms and our Privacy Policy.
5. Order Acceptance and Payment
5.1. Before your order can be accepted, we must receive in cleared funds, or confirmation of authorisation of payment (where a credit card is used) the purchase price specified in full (without any deduction).
5.2. When we receive your order we will send you an acknowledgement of its receipt.
5.3. You may pay for the Products in any currency from time to time stated on our Website.
5.4. You must pay for the Products you order by using any method currently specified on the Website, which may include without limitation;
5.4.1. a telegraphic transfer or a bank transfer to Carrera Group's account; or
5.4.2. credit or debit card (card types accepted are as indicated on the website)
5.4.3. Paypal.
5.5. In the event that payment for an order is not received; or you are not fully entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the Products then:
5.5.1. Carrera Group may contact you allowing you to make payment in full within a specified time period by the same or another means; or
5.5.2. CG may at its sole discretion cancel your order in which case CG shall return any monies received from you within 30 days of receipt of such monies to your nominated account and CG shall be entitled to deduct an administration fee to cover any expenses incurred by CG in doing so;
5.5.3. you agree that in any event that CG shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.
5.6. You agree to indemnify CG in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.
6. Our Right to Cancel
6.1. We reserve the right to cancel your order if:
6.1.1. after receiving your order and before we send you your Sales Order Acknowledgement, we become aware of a pricing error in respect of the Product you have ordered, we reserve the right to withdraw the Product from sale and inform you accordingly; or
6.1.2. a Force Majeure Event occurs.
6.2. If we do cancel your order we will notify you by e-mail and will offer an alternative replacement Product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order.
6.3. We shall not be liable to you for any loss, damage, costs expenses or claims that you may incur, for orders cancelled by us before we send your Sales Order Acknowledgement.
6.4 This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7. Delivery
7.1 We reserve the right to charge for and fulfil partial orders where the Sales Order Acknowledgement consists of multiple items.
7.2 Delivery will be made to the address specified in the Sales Order Acknowledgement.
7.3 We will take all reasonable steps to ship your order as quickly as possible, usually within 24 hours of order acceptance and payment. In the event that your order cannot be shipped within 48 hours of acceptance and payment, we will notify you by email, and you will be entitled to cancel your order and receive a full refund of the purchase price and delivery charge. We cannot be held liable for delivery delays caused by circumstances beyond the reasonable control of CG (such as Force Majeure events). Time will only be of the essence of the contract if you have agreed this in advance with us at the time of placing your order.
7.4 You will become the owner of the Products you have ordered when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.
7.5 CG is not aware of any export restrictions applying to any of our products and our liability is limited to a refund of the original purchase price upon safe return of the goods in the event that those goods are prohibited from entry into the country to which they are addressed.
8. Right of Cancellation
8.1. You will be entitled to cancel your order at any time prior to shipment by written notice to us at sales@carreragroup.com.au. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. Products that are custom works cannot be cancelled or returned.
9. Warranties and Refunds
9.1. Subject to the following provisions of this clause 9.1, we warrant that the Products will be of satisfactory quality. The aforementioned warranty is given by CG subject to the following condition save that it is acknowledged that your statutory rights are not affected:
9.1.1 CG shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Products (whether oral or in writing); (b) misuse or alteration of the Products without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer.
9.2. CG's products should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the products delivered to you are incomplete or you have received incorrect products, you may return the products to us for a full refund if you notify us in writing at sales@carreragroup.com.au within 30 days of receipt. You will not be obliged to provide a reason for the return. CG shall have no liability to you unless you notify us of your intention to return the products within 30 days of receipt of the products in question.
9.4. If you notify a problem to us under clause 9.2 or we have committed a breach of the warranty at clause 9.1 our only obligation will be (to be determined at your option and subject always to your statutory rights):
9.4.1.we may offer you an alternate Product free of charge within 60 days of notification provided that that the original Product is returned to us in accordance with clause 10; or
9.4.2. we will arrange with you for the Products to be returned to us in accordance with clause 10, and we shall refund the price paid upon receipt of the goods.
10. Returns Procedure
10.1. If you exercise the right to return the Product(s) in accordance with clause 9.2 or 9.4, in order to make the returns procedure as efficient as possible we advise you to follow the following procedure:
10.1.1. Please contact us at sales@carreragroup.com.au to obtain a returns authorisation (RA) number before sending the Product(s) back;
10.1.2. secure the Product(s) and all of the original packing materials in a plainly wrapped cardboard box (the post office has these available if you do not);
10.1.3. clearly print your name and address on the outside of the package and mail the package within 7 days of receipt of the RA number to:
Carrera Group Pty Ltd
PO Box 944
Mosman NSW 2008
Australia
10.1.5. For your protection, we advise you to insure the package for the full amount of the invoice plus postal or shipping charges. For the avoidance of doubt CG shall not be responsible for items lost or damaged whilst in transit
Conditions of Return
10.1.6. Returns are simple, but are subject to certain rules:
(a) you shall be liable for the cost incurred in returning Products to us and we shall not be obliged to accept any Product returned if such costs have not been paid in full ;
(b) each item must be returned in the same condition as it was sent, unworn and undamaged. Damaged goods due to your negligence will not be accepted for refund;
10.2 Subject to the conditions in clause 10.1 CG will refund the full cost of the item. Refunds will be made in the same form as the original purchase.
10.3 All requests will be processed after we have inspected and verified the condition of the Products. Returns take approximately five business days to process upon receipt of the item.
11. Use of the Website
11.1. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
11.3. CG does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that CG or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this Website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.
11.4. The information on the Website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. CG may also make improvements and/or changes to the Website at any time without notice.
11.5. Any information we receive from you will be dealt with in accordance with our Privacy Policy.
11.6. Certain links in this Website connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.
12. Liability
12.1. Nothing in these Terms will limit our liability for death or personal injury resulting from our negligence or that of our employees or agents. If you are a consumer (within the meaning of the Trace Practices Act 1974) the content of these Terms will not affect your statutory rights. If you are not a consumer then subject as provided in clause 9.1, all other warranties, conditions or other terms, whether implied by statute common law or otherwise, are excluded to the fullest extent permitted by law.
12.2. Where CG provides any information in relation to the Products supplied to it by a third party, CG does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.
12.3. In the event that we are unable or fail to deliver the Products ordered within any time period specified, we will use reasonable endeavours to contact you in order to re-schedule the delivery time.
12.4. We will not be in breach of contract as a result of any Force Majeure Event.
12.5. IN ANY EVENT, THE LIABILITY OF CG FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM TIME TO TIME.
12.6. Carrera Group Pty Ltd shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. Other than as set out in clause 9.2, the entire liability of Carrera Group Pty Ltd arising out of any order for Products from you will be limited to the total price of the Products ordered by you.
12.7. You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of our Products may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Products you purchase.
13. Notices, Enquiries and Complaints
13.1. Any notices, enquiries or complaints should be:
13.1.1. e-mailed to sales@carreragroup.com.au;
13.1.2. addressed to customer services on telephone number +612 9011 6130 or faxed to +612 8088 1386 : or
13.1.3. sent by post to : Carrera Group Pty Ltd, PO Box 944 Mosman NSW 2008 Australia
14. Intellectual Property
14.1. The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the use of the name "Carrera Group" is the sole property of Carrera Group Pty Ltd or our licensors. You are permitted to copy, transmit and to use such material only for the purpose of ordering Products from the Website, but you not are entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such material.
14.2. All intellectual property rights in the Products (subject to the rights of any third party) belong to Carrera Group Pty Ltd or our licensors.
14.3. You warrant that all Customer Material provided to us will not be defamatory or infringe the copyright or other rights of any third party, and you shall indemnify CG against any loss, damages, costs, expenses or other claims arising out of any such infringement.
14.4. The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this website, including, but not limited to ‘CG’, are registered and unregistered trademarks of ‘CG’ and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the express written permission of ‘CG’ or such third party that may own the trademarks displayed on this website. Your misuse of the trademarks displayed on this website, or any other Content on this website is strictly prohibited.
15. Privacy Policy
15.1. You acknowledge and agree to be bound by the terms of our Privacy Policy.
16. General
16.1. These Terms govern the contract to the exclusion of all other terms and conditions stipulated in any other communication or document unless expressly agreed in writing by CG.
16.2. CG reserves the right to vary the content of these Terms from time to time, with any changes being published on the Website. However, such variations will not affect any Contract between CG and you. Continued use of the Website, or any of its services will signify that you agree to any such changes.
16.3. We may correct any typographical, clerical or other error or omission in any information on the Website or in any email or other document or communication issued by CG without incurring any liability on our part.
16.4. If any clause or part of a clause in these Terms is held by any Court of competent authority to be unlawful, invalid or unenforceable, such clause or part shall be severed and the remaining provisions of these Terms shall remain in full force and effect.
16.5. These Terms, together with our Website prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the Products by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any Products offered for sale by us. Save for fraud or fraudulent misrepresentation or any statutory obligation, we shall have no liability for any such representation being untrue or misleading.
16.6. The contract between you and Carrera Group Pty Ltd shall be governed by New South Wales, Australia law and you and Carrera Group Pty Ltd submit to the exclusive jurisdiction of the New South Wales Courts.
16.7 Carrera Group Pty Ltd reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or any part of any of its rights or obligations under these Terms.
16.8 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Trade Practices Act 1974.