Terms and Conditions
These terms and conditions apply whenever you buy goods from us online. By placing an order you agree to be bound by these terms!
In these Terms:
"Website" means Our website at www.racedeal.com.au
"Goods" means the goods which We will supply to You in accordance with these Terms.
"Order" means an order which You place with Us detailing the Goods You wish to buy from Us.
"We/Us/Our" means Racedeal.com
"You/Your" means you, the person using Our Website and/or buying Goods from Us.
1) Our rights in the website
1.1. The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website (© Racedeal.com. All Rights Reserved.) Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
1.2. You must not in any way copy, reproduce or use any trademarks, logos, pictures or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
1.3. We may use any information which you upload to Our Website as We decide and We may also disclose that information to a third party.
2) Website Content
2.1. We have taken great care in compiling this Website but neither We nor our employees or other representatives will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on. The information contained on this Website is provided on an "AS IS" basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.
2.2. We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.
2.3. We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
2.4. We do not guarantee that this Website will always be available or be free from error, virus or similar.
2.5. We are under a legal duty to supply goods that are in conformity with the Contract and we aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
3) How you must use this website
3.1. Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.
3.2. All information which You submit should be accurate, truthful and should not be copied.
3.3. You must use Your own identity at all times when using the Website and should ensure that all information which You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so.
3.4. You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
3.5. We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.
3.6. If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
3.7. We may refuse access to this Website to anyone who does not comply with these Terms.
4) Terms of Sale
Our agreement for the sale of goods and the ordering process
4.1. The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch to you of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
4.2. Any variation of the Contract must be expressly agreed between You and Us.
4.3. We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where:
4.3.1. We are unable to obtain authorised payment or the payment process is incomplete; or
4.3.2. We identify a product or pricing error on the Website; or
4.3.3. You fail to meet any criteria for eligibility of purchase which We may impose and notify you of from time to time; or
4.3.4. We suspect that Your Order is related to fraudulent activity; or
4.3.5. You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
4.3.6. Goods are unavailable or out of stock.
4.4. We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
5) Price and payment5.1. Prices and delivery charges are as published on the Website when We accept Your Order. Prices include GST for Retail Customers, Prices exclude GST for Dealers and are in Australian Dollars. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website at the time You place Your Order.
5.2. Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
5.3. We must receive payment for the Goods in full before they are despatched.
5.4. We accept payment via Paypal, Zip Pay, Afterpay and most major credit and debit cards including Visa, Mastercard, American Express and Maestro. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
5.5. Your card provider may charge You for using You card. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
5.6. If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of Your Order. We will not be responsible for any compensation if Goods which You order are not available for any reason.
5.8. If you choose to make your payment by Zip or Afterpay, you understand and agree that we are not liable for any fees or additional costs charged to you by Zip or Afterpay, and that such costs are your responsibility.
5.9. If you attempt to make a purchase and the cart price is different to the advertised price, please contact customer care before purchasing so that we may investigate.
6) Our rights in the goods
All ownership rights known as intellectual property rights in the Goods including all designs, trade marks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You.
7.1. We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts, or epidemics, or pandemics.
7.2. The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.
7.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
7.4. If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
7.5. This Contract is subject to Australian law and both We and You agree that any dispute arising under or connected to it will be decided by the Australian courts.
7.6. We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order, subject to any changes expressly agreed between You and Us.
7.7. Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
7.8. Any notice You send to Us will be deemed delivered as follows, depending on how You send it:7.8.1. on the day on which it is left if You deliver the notice by hand; or
7.8.2. on the day that is 5 business days on which it was posted if You post the notice as shown on proof of postage; or
7.8.3. on the day on which it is sent correctly if by fax or email;
7.8.4. and in each case it should be sent to the address set out at Clause 7.10.
7.9. A person who is not party to this Contract shall have no right to enforce any term of it which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under law.
7.10. The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain as to your rights under the Contract or you want any explanation about them please write to or email our customer services department, at the address set out below.
4 Pullman Place
NSW, Australia 2750
ABN: 95 068 237 454
Racedeal.com is owned and operated by International Karting Distributors Pty Ltd