In this Policy, “We”, “Us”, “Our”, means Fuel Parts (part of Fuelco Australia Pty Ltd.). (ABN 34 615 177 930), including its successors, assignees, associates and related bodies corporate (defined in the Corporations Act 2001), unless otherwise stated.

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices, and disclaimers contained in this document (collectively known as the Terms & Conditions). Your use of, and/or access to, the Website constitutes your agreement to the Terms & Conditions.

Access and use of our Website is conditional upon your acceptance and compliance with the terms, conditions, notices, and disclaimers set out herein. You should read these thoroughly before using our website.

By accessing or using our website, you warrant and represent to us that you have read, understand, and agree to be bound by these Terms & Conditions and that:

(a) you are over the age of 18 years, and you have the right, authority, and legal capacity to enter into a legally binding agreement and to abide by these Terms & Conditions; and

(b) you are not a competitor of Fuel Parts or Fuelco Australia and are not using our website for reasons other than their intended purposes.

These Terms & Conditions are to be read in conjunction with our Privacy Policy, and any additional Terms & Conditions expressly referred to by us, where relevant.

We reserve the right to amend the Terms & Conditions at any time. Although we may notify you of any amendment, revision, or modification, it is your responsibility to periodically review the Terms & Conditions. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

Our Services

We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the website will be always available or at any given time.

Prohibited Conduct

In relation to the Website, you must not:

• Use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes.
• Use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet.
• Use the Website to send unsolicited email messages.
• In any way tamper with, hinder or modify the website.
• Knowingly transmit any viruses or other disabling features to the website or via the website; or
• Attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Intellectual Property

The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under license by The Fuel Parts (part of Fuelco Australia Pty Ltd) and is protected by Australian and international laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trademark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on the Website.

You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You must not:

• Reproduce or use any of the material on the Website for commercial purposes, including sale;
• In any way modify the material on the Website; or
• Cause any of the material on the Website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

Third Party Links

The Website may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and therefore are not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website.

We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship, or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

Indemnity

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs, or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Disclaimer

Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted, or modified (your “Statutory Rights”).

We exclude all conditions and warranties implied by custom, law, or statute except for your Statutory Rights. Except for your Statutory Rights and with respect to the Website:

• All material on the Website is provided to you without warranties of any kind, either express or implied.
• We expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose.
• We do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
• We do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
• To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs, or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet, and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms & Conditions, is limited, at our option, to one or more of the following:

In the case of goods supplied or offered by us:

• The replacement of the goods or the supply of equivalent goods.
• The repair of such goods.
• The payment of the costs of replacing the goods or acquiring equivalent goods; or
• The payment of the costs of having the goods repaired.

Product Warranty

Where applicable, products will be supported using the manufacturer’s warranty.

Termination

The Terms & Conditions are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms & Conditions and limitations of liability set out in the Terms & Conditions will survive.

Miscellaneous

We rely upon your continued observance of the Terms & Conditions. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms & Conditions or any associated legal obligation, you agree to indemnify us for those losses, damages, and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries, or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

 If any provision of the Terms & Conditions is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms & Conditions are reserved.

If we do not act in relation to a breach of the Terms & Conditions by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms & Conditions by you.

Applicable Law

The Terms & Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning the Terms & Conditions.

Purchasing Terms & Conditions

The Formation of a Purchasing Contract

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Goods. All orders are subject to acceptance by us and product availability, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.

We are entitled to refuse any order placed by you without being required to give any reason to you. We will refuse any order which we reasonably suspect to be fraudulent or illegal.

Purchases

You must provide complete and accurate details at the time of making your purchase. You may be required to provide additional details upon our request to ensure the accuracy of your order.

You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, we are not obliged to re-send the order to the correct address at our own expense.

Purchase Price

All prices quoted on the Website or pursuant to your enquiry with us are in Australian Dollars (AUD) unless stated otherwise and include GST.

We reserve the right to vary the prices displayed on the Website from time to time and without notice to you.

Payment

We accept payment via all major credit cards (e.g. Visa/Mastercard/American Express)

After you make payment for your order, we will email you confirmation of receipt of your order.

Security

We recognise that protection and safety of information relating to your credit card is very important. Therefore, we provide you with a very safe and stress-free online shopping experience.

We use the highest strength Secure Sockets Layer (SSL) encryption to transmit your personal and credit card details. This means absolute security and privacy. SSL is a sophisticated method of scrambling data as it travels from your computer to our website servers.

We do not store your credit card details at any time, so consumer confidence and satisfaction are assured.

Consent

By agreeing to these Terms & Conditions, you also consent to receive further electronic communications from us in relation to our business, including information relating to products, competitions, promotions, special offers and any other commercial message. Of course, you may at any time, unsubscribe from receiving electronic commercial messages from us.

Processing of Orders
We process purchases on business days, which are Monday to Friday and exclude public holidays in Victoria Australia.

We will provide you with a tracking number in accordance with our Shipping Policy once we have shipped your order to you.

Cancellation of Orders

We may cancel your order if for any reason we are unable to provide you with the Products subject to your order. We will contact you should this occur.

You will not be entitled to claim any additional amounts or seek compensation for any loss, expense, or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.

Once your order has been placed you cannot cancel the order. Please note that we are unable to cancel an order or stop an order from being dispatched at your request.

Please refer to our Returns Policy contained within this Website for the situations where a refund may be applicable. This Policy outlines the circumstances in which a refund may be available to you.

Returns of Products

Any return of Products to us by you will be governed in accordance with our Returns Policy.

Governing Law

The laws of the State of Victoria, Australia govern these Terms & Conditions.

Further Information

Should you have any additional comments or questions related to the Term and Conditions please contact us via e-mail. Email: parts@fuel-parts.com.au