Introduction
Welcome to TheSpeedwayShop.com.au and
thank you for shopping with us.
These Terms and Conditions
govern the use of TheSpeedwayShop.com.au ("the website") and the
purchase of any goods from it. The website is owned and operated
by I Did It My Way ABN 67 882 725 776.
If you need more assistance you
can always contact our Customer Service team via email
service@WeLoveDirt.com
Acknowledgment and
acceptance of Terms and Conditions
Please note that by accessing,
using or browsing this website you agree to be bound by its
terms, conditions, disclaimers and limitations of liability
("Terms and Conditions"). TheSpeedwayShop.com.au and I Did It My
Way reserves the right to amend or update such terms,
conditions, disclaimers and limitations of liability at any time
without providing notice to you. By using the website, you
acknowledge that you have read and understood these Terms and
Conditions.
Limitation of Liability
Any liability of
TheSpeedwayShop.com.au and I Did It My Way in connection with goods
or services supplied to you will, subject to any non-excludable
liability for breach of conditions or warranties implied by
legislation and to the maximum extent permitted by law, at the
election of TheSpeedwayShop.com.au be limited to:
- In relation to goods, the
replacement or repair of the goods, the supply of equivalent
goods, the payment of the cost of replacing or repairing the
goods or the payment of the cost of obtaining equivalent
goods; and
- In relation to services, the
supplying of the services again or the payment of the cost of
having the services supplied again.
Disclaimer
The information contained on
the website is provided by TheSpeedwayShop.com.au in good faith. To
the best of TheSpeedwayShop.com.au knowledge, the information is
accurate and current. However, TheSpeedwayShop.com.au, I Did It My
Way, and any of their directors, officers, employees, or
consultants do not make any representation or warranty as to the
accuracy or completeness of the information.
To the fullest extent permitted
by applicable law, TheSpeedwayShop.com.au disclaims all
representations and warranties, express or implied, including
but not limited to implied warranties of merchantability and
fitness for a particular purpose and non-infringement.
TheSpeedwayShop.com.au makes no warranty that this website, any
information or ideas contained on this website or any products
or services will meet your requirements.
You expressly acknowledge and
agree that TheSpeedwayShop.com.au and I Did It My Way does not
control other users of this website, the providers of
information or ideas to this website or the suppliers of goods
and services purchased from this website, and
TheSpeedwayShop.com.au and I Did It My Way is therefore not liable
for their opinions or their behaviour, including any information
or advice provided by them or any defamatory statements made by
them or any offensive conduct on their part.
You further acknowledge and
agree that, subject to the section dealing with "Limitation of
Liability", TheSpeedwayShop.com.au and I Did It My Way will not be
liable to you or any other person for any direct, indirect,
incidental, special, consequential or exemplary damages,
including but not limited to damages for product liability,
personal injury or negligence resulting from use of goods or
services supplied to you, or on behalf of you, through the
website.
Copyright
Copyright in the
TheSpeedwayShop.com.au website is property of I Did It My Way.
Material on this website also comprises copyright material,
trademarks and registered trademarks which are the property of I
Did It My Way and third parties. This property may only be used
for the purposes of browsing the TheSpeedwayShop.com.au website and
acquiring goods and services of TheSpeedwayShop.com.au.
Applicable Law
These Terms and Conditions are
governed by the laws in force in New South Wales, Australia and
you irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of New South Wales, Australia and any
courts, which may hear appeals from those courts.
Information Provided by You
If you purchase goods and
services from TheSpeedwayShop.com.au or create a membership account
with us, we may require you to provide your name, address, email
address, credit card number or other details ("customer
information"). We may subsequently require further details to
enable the processing of any orders that you make. You agree to
provide TheSpeedwayShop.com.au and I Did It My Way with current,
complete and accurate customer information when asked to do so
by the website or an employee of TheSpeedwayShop.com.au and/or I
Did It My Way.
Virus Warning
All care is taken to ensure
that TheSpeedwayShop.com.au and I Did It My Way websites and data
transmissions are free from viruses. However, it is your
responsibility to scan any such data for viruses.
Privacy
We treat all customer
information in accordance with our Privacy Policy. Please review
our Privacy Notice on our web site for full description.
Membership
Membership accounts are
non-transferable. You may update, edit or terminate your
membership account at any time. You agree to maintain and update
the information as supplied by yourself to ensure accuracy at
all times.
As a TheSpeedwayShop.com.au
member, you are responsible for maintaining the confidentiality
of your own membership account and password. You agree to take
responsibility for all activities that occur under your
membership account and password.
Product Information
Prices of goods and services
and delivery and other charges displayed on the
TheSpeedwayShop.com.au website are current at the time of display.
These prices are subject to variation without notice.
We will always attempt to be as
accurate as possible with our product descriptions and pricing.
However, we are unable to warrant that product descriptions or
other content of the website is accurate, complete, reliable,
current or error free.
Placing and Accepting Orders
Orders will not be despatched
until payment in full has been received and
TheSpeedwayShop.com.au
and/or I Did It My Way is satisfied with the integrity of the
order.
Without limiting the operation
of any other Terms and Conditions herein, TheSpeedwayShop.com.au is
not responsible for any loss or damage caused by late delivery
or cancellation of an order or a product.
Placement of an order by you
constitutes an offer to enter into an agreement with us ("your
offer"). We will email you an Order Confirmation for the sole
purpose of confirming the details of your offer. Please note
that our Order Confirmation does not constitute an acceptance of
your offer or reflect the status of your order in any way.
Cancellation by Us
We reserve the right not to
provide goods or services, terminate membership accounts, remove
or edit content or cancel orders (or part thereof) at our sole
discretion at any time. Without limiting the operation of any
other Terms and Conditions herein, we will not be held liable
for loss or damage arising from the exercising of these rights.
Cancellation by You
If you need to cancel an order,
please contact us immediately via email at
Service@WeLoveDirt.com.
Our agreement with you only comes into existence once we have
both confirmed your order and your payment have been processed.
Once we have accepted payment for an order, cancellation of the
order is within our sole discretion.
Orders that cannot be cancelled
will be subject to our terms, conditions and policies relating
to Returns and Exchanges.
Delivery
It is your obligation to enter
the correct delivery address details at the time of ordering.
Should you enter the wrong address, we are not obliged to
re-send the order to the correct address at our expense.
We will provide you with an
estimated date for delivery of all parcels. While we make every
effort to deliver by this time, all dates specified are
estimates only. We have aligned ourselves with courier partners
who we believe will always do their best to deliver products by
the estimated delivery date.
It is the responsibility of the
customer to inform TheSpeedwayShop.com.au if an order does not
arrive. Once we learn an order has not arrived by the due date,
we will lodge enquiries with the courier to ensure delivery
occurs as soon as possible. We will not be held liable for any
loss or damage resulting from late delivery.
Please note that if an item has
been lost in transit, we will not dispatch a replacement item
immediately. Replacement items will be despatched according to
our discretion.
Without limiting the operation
of any other Terms and Conditions herein, we will not accept
liability for any loss or damage arising from a late delivery.
Without limiting the operation
of any other Terms and Conditions herein, you agree that late
delivery does not constitute a failure of our agreement, and
does not entitle you to cancellation of an order.
Without limiting the operation
of any other Terms and Conditions herein, we will not accept
liability for any loss or damage arising from items lost, stolen
or damaged after delivery has taken place.
Returns and Exchanges
You or the recipient of an
order may return an item that has been purchased from
TheSpeedwayShop.com.au because you have changed your mind or are
unhappy with a gift.
However, please note, this
excludes the following items:
- CDs, DVDs, Videos & Computer
Games
- Perishable Goods (including
all food items)
- Cosmetics (including hair
products)
- Sale Items
If you return goods via an
Australia Post Office, please keep the appropriate proof of
return. Otherwise, if the returned item goes missing in transit
to us, we will deem you not to have returned the item.
It is your responsibility to
ensure the goods are adequately packaged to ensure that they are
not damaged during return transit.
Except where required by law,
all returned products must be:
- Unused, unopened and in
original condition
- Undamaged
- Returned within 30 days of
delivery
- In a saleable condition upon
return
In the event of a return by you
or the recipient of a gift, we will exchange or refund in the
form of a TheSpeedwayShop.com.au reimbursement. However, you will
pay the delivery costs of the return to TheSpeedwayShop.com.au and
re-delivery to you. We will not refund initial delivery,
wrapping and other fees.
Goods purchased between 20
November and 25 December can be returned until 31 January of the
following year.
Products that were purchased in
conjunction with a promotion and were subsequently delivered
with a Free Gift must be returned with that Free Gift to receive
a full refund for the original item purchased. If the original
item is returned without the Free Gift, the value of the gift
will be charged to the purchaser via the original payment
method.
Goods Damaged or Faulty on
Delivery
Except where required by law,
you must return damaged goods within 14 days of receipt. If a
product is later deemed to be faulty, normal warranty conditions
for that product apply. It is the recipient's responsibility to
incur all costs and to follow warranty instructions as stated on
the product warranty card as specified by the manufacturer.
In the event that you receive a
defective or damaged product, we will refund the original
product price, delivery, wrapping and other fees via the
original method of payment. Alternatively, if you request a
replacement, we will despatch your replacement item (subject to
availability) once we receive the return, at our cost.
Please note that all products
that are found to be non-defective will incur the delivery costs
of returning the item to TheSpeedwayShop.com.au.
Promotions and Competitions
Other Terms and Conditions not
listed herein and applying to TheSpeedwayShop.com.au promotions and
competitions are incorporated into these terms and conditions.
Unless expressly stated, to the extent that the other Terms and
Conditions are not incompatible with the Terms and Conditions
herein, the other Terms and Conditions will be in addition to
the terms & conditions herein. To the extent that the other
Terms and Conditions are incompatible with the Terms and
Conditions herein, the other Terms and Conditions shall prevail.
Should you object to any of
these Terms and Conditions (including any subsequent
amendments), you must immediately discontinue using this
website.
Suppliers
If you enter into a transaction
through TheSpeedwayShop.com.au to purchase services or vouchers for
those services supplied directly by a third party,
TheSpeedwayShop.com.au is not responsible for the provision of
those services or for any misunderstanding between you and the
supplier.
In all arrangements involving
the direct provision of services by third parties,
TheSpeedwayShop.com.au accepts no liability of any kind in
connection with or arising from such an arrangement.
Release and Indemnity
You agree to waive any and all
claims that you now have or may have in the future against
TheSpeedwayShop.com.au, I Did It My Way and
TheSpeedwayShop.com.au's
associates which relate to or are incidental to any transaction.
You agree to indemnify and hold
TheSpeedwayShop.com.au and I Did It My Way harmless from and
against any and all claims, loss or expense that may be incurred
by TheSpeedwayShop.com.au, I Did It My Way, or
TheSpeedwayShop.com.au's Associates which relate to or are
incidental to the performance of its duties as described in
these Terms and Conditions including all costs of defending
itself against a claim by any other person and/or as a result of
you taking any action or refraining from taking any action or
instituting or defending any action or legal proceeding.
You further agree to indemnify
and hold TheSpeedwayShop.com.au, I Did It My Way, and
TheSpeedwayShop.com.au's Associates harmless from any claim made by
any third party due to or arising out of your use of this
website, the violation of these Terms and Conditions by you, or
the infringement by you, or other users of this website using
your membership account, of any intellectual property or other
right of any person or entity.
PLEASE NOTE: MOTOR RACING
IS EXTREMELY HAZARDOUS. DEATH OR INJURY MAY OCCUR. THE G-FORCE
PRODUCTS WE SELL ON BEHALF OF GRIZZLY RACING PTY LTD HAVE NO WARRANTY OR REPRESENTATIONS MADE WITH
ABILITY TO PROTECT AGAINST INJURY OR DEATH. THE USER ASSUMES
THAT RISK. ALL OF THE ITEMS WE SELL ARE FOR OFF ROAD USE ONLY
AND ARE NOT APPROVED OR RECOMMENDED FOR STREET USE. THE SPEEDWAY
SHOP IS NOT RESPONSIBLE OR LIABLE FOR ERRORS OR OMISSIONS.
PRICES ARE SUBJECT TO CHANGE.
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