Last Updated:   Wednesday July 11, 2007   

 
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:

  1. 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
  2. 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:

  1. Unused, unopened and in original condition
  2. Undamaged
  3. Returned within 30 days of delivery
  4. 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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