Terms of Service

Overview

This website is operated by Wild Auto Parts. Throughout the site, the terms “we”, “us” and “our” refer to Wild Auto Parts.

Wild Auto Parts offers this website, including all information, tools and services available from this site, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including browsers, customers, vendors, merchants and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all terms and conditions, you must not access the website or use our services.

Any new features, products or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.

Australian Consumer Law

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Section 1 — Online Store Terms

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority and have given consent for any minor dependents to use this site.

You must not use our products for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms, viruses, malware or any code of a destructive nature.

A breach or violation of any of these Terms may result in termination of your access to our Service.

Section 2 — General Conditions

We reserve the right to refuse service to anyone where permitted by law.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 — Product Information, Accuracy and Website Content

We aim to ensure that product descriptions, images, compatibility information, pricing, availability and other website content are accurate and up to date.

From time to time, there may be information on our website that contains typographical errors, inaccuracies or omissions. These may relate to product descriptions, vehicle compatibility, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information where required.

Product images are provided for reference. We make every effort to display product colours, finishes and details as accurately as possible. However, we cannot guarantee that your device or monitor will display colours accurately.

Nothing in this section limits your rights where a product does not match its description, is not fit for purpose, or does not meet consumer guarantees under Australian Consumer Law.

Section 4 — Product Suitability and Installation

Customers are responsible for checking product suitability before purchase, including vehicle make, model, year, variant and any product-specific fitment notes.

If you are unsure whether a product suits your vehicle, please contact us before ordering and we will do our best to assist.

Products must be installed correctly and used only for their intended purpose.

We are not responsible for damage caused by incorrect installation, misuse, modification, neglect, improper handling, failure to follow instructions, or use of a product for an unintended purpose.

Electrical products, including globes, headlights, tail lights or similar items, should be installed by a qualified professional where required. Warranty claims for electrical products may be refused if the item has been incorrectly installed, modified, misused or installed by an unqualified person where professional installation is required.

Section 5 — Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any part or content of it, without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except where required by law.

Section 6 — Products or Services

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Warranty & Returns Policy and your rights under Australian Consumer Law.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction where permitted by law. We may exercise this right on a case-by-case basis.

We reserve the right to limit quantities of any products or services that we offer.

All product descriptions and prices are subject to change at any time without notice, at our discretion.

We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this site is void where prohibited.

Product appearance, colour and finish may vary slightly depending on screen settings, vehicle condition, installation method and product type. However, products will be supplied in accordance with Australian Consumer Law, including requirements that goods are of acceptable quality, fit for purpose where applicable, and match their description.

Section 7 — Orders, Billing and Account Information

We reserve the right to refuse or cancel any order you place with us where permitted by law.

We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, using the same credit card, or using the same billing and/or shipping address.

We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.

If we cancel an order after payment has been made, we will provide a refund for any amount paid for the cancelled item or order.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, shipping address, billing address and payment details, so that we can complete your transactions and contact you as needed.

Section 8 — Shipping, Returns and Warranty

Shipping, delivery timeframes, damaged parcels, lost parcels and delivery-related matters are covered by our Shipping Policy.

Faulty items, warranty claims, returns, exchanges and refunds are covered by our Warranty & Returns Policy.

Please review these policies before placing an order.

Nothing in our Shipping Policy, Warranty & Returns Policy or these Terms of Service limits your rights under Australian Consumer Law.

Section 9 — Optional Tools

We may provide you with access to third-party tools over which we do not monitor and have no control or input.

You acknowledge and agree that access to such tools is provided “as is” and “as available”, without warranties, representations or conditions of any kind, except where required by law.

Any use by you of optional third-party tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

We may also offer new services and/or features through the website in the future. Such new features and services will also be subject to these Terms of Service.

Section 10 — Third-Party Links

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content, accuracy, policies or practices of third-party websites. We do not warrant and will not have any liability or responsibility for third-party materials, websites, products or services.

Please review third-party policies and practices carefully before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

Section 11 — User Comments, Feedback and Submissions

If you send us submissions, ideas, suggestions, proposals, plans, reviews, images, feedback or other materials, whether online, by email, by postal mail, through social media or otherwise, you agree that we may use, edit, copy, publish, distribute, translate and otherwise use those comments in any medium where permitted by law.

We are under no obligation to:

maintain any comments in confidence;
pay compensation for any comments; or
respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine is unlawful, offensive, threatening, defamatory, obscene, objectionable, misleading, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus, malware or other harmful code.

You must not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy.

Section 12 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Please review our Privacy Policy for information about how we collect, use, store and disclose personal information.

Section 13 — Errors, Inaccuracies and Omissions

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions.

These may relate to product descriptions, vehicle compatibility, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information where necessary.

We may cancel orders if information in the Service or on any related website is inaccurate, including after an order has been submitted, where permitted by law.

If we cancel an order due to an error, we will provide a refund for any amount paid for the cancelled item or order.

We are not obligated to update, amend or clarify information in the Service or on any related website except where required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.

Section 14 — Prohibited Uses

In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the website or its content:

for any unlawful purpose;
to solicit others to perform or participate in unlawful acts;
to violate any international, federal, state, territory or local laws, regulations or rules;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
to submit false or misleading information;
to upload or transmit viruses, malware or any other type of malicious code;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service, any related website, other websites or the internet.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Section 15 — Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results obtained from using the Service will be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel the Service at any time without notice to you.

To the maximum extent permitted by law, Wild Auto Parts, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, arising from your use of the Service or any products purchased through the Service.

This limitation applies whether based in contract, tort, negligence, strict liability or otherwise.

Nothing in this section excludes, restricts or modifies any rights or remedies you may have under Australian Consumer Law or any other law that cannot be excluded, restricted or modified.

Section 16 — Indemnification

You agree to indemnify, defend and hold harmless Wild Auto Parts and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

your breach of these Terms of Service;
your violation of any law;
your violation of the rights of a third party; or
your misuse of our website, products or services.

Section 17 — Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law.

Any unenforceable portion will be deemed to be severed from these Terms of Service.

This will not affect the validity and enforceability of any remaining provisions.

Section 18 — Termination

The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our website.

If, in our reasonable judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part of them.

Section 19 — Entire Agreement

The failure by us to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service.

These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

Section 20 — Governing Law

These Terms of Service are governed by the laws of Victoria, Australia.

You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Section 21 — Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of, or access to, our website or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes.

Section 22 — Contact Information

Questions about these Terms of Service should be sent to us at:

info@wildautoparts.com.au