1.1 Welcome the NuForce 4×4 Accessories website (“Site”). Everest Auto Parts and Accessories Pty Ltd (ABN 17 149 515 328) (“We”, “Us”, “Our”) is the owner and operator of this Site and the supplier of the products being sold within this Site (“Products”).
1.2 By using the Site you agree to be bound the terms and conditions and all disclaimers set out herein (“T&C’s”).
1.3 We reserve the right to make changes to these T&C’s at any time. Each time you use this Site you should visit and review these T&C’s that apply to your use of this Site and any transactions made while on the Site.
1.4 Your access to and use of the Site, including your order of Products through the Site, is governed by these T&C’s and form a binding contractual agreement between you, the user of the Site, and Us.
2. Your Account
2.1 If you use the Site and We have authorised you to open an account with Us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
2.2 To purchase Products via the Site, We may authorise you to open an account with Us, otherwise you must check-out as a guest.
2.3 Regardless of whether you are authorised to create an Account or check out as a guest you warrant that the details you provide to Us are accurate and correct and you accept the responsibility that fulfilment of your order is predicated on the information you have provided to Us is correct at the time of ordering.
2.4 The Site is intended for use by individuals 18 years of age or older. The Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site and the parent or guardian of that minor will have deemed to have consented to these T&C’s.
2.5 We reserve the right to modify your personal Accounts and/or orders where:
(1) the information provided is discontinued or obsolete, incomplete, incorrect, misleading, inactive for a reasonable period; or
(2) We have not been able to contact you using the information by you.
2.7 This Site is designed for Australian customers. International accounts and purchases are welcome however you should contact Us before making any order for Products.
3. Order For Products
3.1 You may order Products by selecting and submitting your order through this Site in accordance with these T&C’s.
3.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified at the time you place the order. In addition to the price for the product you must also pay the delivery fees which are stated at the time you check out.
3.3 You may pay for your order using the following payment methods: Visa; MasterCard; Debit Cards, other accepted credit cards, money order, PayPal, Our Gift Card or coupon or if you elect to pick up the Product from Our store, then in cash.
3.4 Payment processing services offered via the Site are outsourced to third party providers. If We do not receive or are unable to successfully process payment in full for your order for any reason, We will cancel your order.
3.5 You authorise Us to debit the amount that is payable for an accepted order from your nominated card.
3.6 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
3.7 We reserve the right to reject any order you place with Us for any reason whatsoever. If We reject your order, We will attempt to notify you using the e-mail address you have given Us with the order.
3.8 Stock levels displayed to you are accurate at the last known update, however, stock availability is subject to change. If there are any changes in available inventory at Our store and the Product you have purchased is out of stock, We will notify you as soon as possible.
3.9 We may backorder products on your behalf if for any reason We are unable to supply any or all items listed on your order. Where a backorder has been placed on your behalf, We will contact with you by phone or other means following delivery at Our Store.
3.10 You may cancel an order prior to it being shipped by Us. We will however charge an administration fee to cover Our reasonable costs in respect of your cancelled order.
4.1 Delivery within Australia is available on all products listed for sale across this Site. We deliver to all parts of Australia with a valid Australian street address. We DO NOT deliver to a PO BOX address.
4.2 The delivery fee for your order is based on the Product dimensions and weight and location you choose for delivery.
4.3 If you are not at home for a requested delivery then We reserve the right to charge you again to redeliver your order.
4.4 When you add a delivery to your shopping cart and purchase the Product, you agree to comply with certain delivery requirements specified below:
(1) Subject to stock availability, on acceptance of your order by Us, your order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your order.
(2) We will use Our best endeavours to deliver you the Product you have purchased and paid for within any stated timeframes for dispatch, however We do not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(3) If the person named on the order confirmation is not at the delivery address to receive the order We may require the person accepting the delivery of your order to print their name and sign the delivery manifest with the time and date of the delivery on your behalf.
(4) Delivery will be made to the address specified by you and Products will not be delivered to a PO Box or to any location other than the address on the order confirmation.
(5) Your delivery will be made to you by one of Our contracted delivery drivers. We cannot and will not accept responsibility for delivery failures or delays by Our third party delivery contractor.
(6) You cannot make any claim against Us in relation to any damage caused to the Product and which occurred during transit and delivery. We will not replace the Product or refund you any amount as a result of damage caused to a Product or otherwise the Product being lost during delivery.
4.5 We reserve the right in Our sole and absolute discretion not to deliver the Products you purchased for any reason whatsoever. Except for any liability that cannot be excluded by law We exclude all liability (including negligence) for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the delivery of the Product you purchased, including, but not limited to, where arising out of the following:
(1) any technical difficulties or equipment malfunction whether or not under Our control; any third party interference;
(2) any late or lost deliveries; and/or
(3) any damage to your purchase or your purchase being misdirected (whether or not your purchase was delivered) due to any reason.
5. Refund Policy
5.1 We will provide refunds pursuant to the Competition and Consumer Act 2010 (the “Act”) namely, if the product you purchased:
(1) is not of merchantable quality;
(2) is not fit for its purpose; and/or
(3) do not match the sample.
5.2 You should return the product within a reasonable time if clause 5.1 applies and provide Us with proof of purchase by producing the original purchase order and the Product listed on the original purchase with all original packaging and manuals enclosed. Before the Product is returned to Us, you must contact us and provide us with details of the fault or issue with the Product and that the fault or issue was not caused by you.
5.3 Please note that We do not accept any responsibility for, and will not accept a return of a Product damaged during delivery or by you. It is your responsibility to obtain freight insurance with respect to your purchase of the Product. Please contact us for a quote for freight insurance if you would like insurance.
5.4 Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the Product cheaper elsewhere. We recommend you carefully review any proposed orders before adding them to your shopping cart and proceeding with your order.
5.5 The freight charges on any Products returned to Us or forwarded to you are your sole responsibility. We will not pay forwarding or return freight charges unless We authorise such freight charges in writing.
6. Pricing Policy
6.1 Our Site Prices and offers are subject to change without notice. In addition, We reserve the right to vary the delivery fees and charges at any time (including after you have paid for a item and shipping (as quoted on this Site)).
6.2 Prices displayed on this website are in Australian Dollars ($AUD) and where applicable are inclusive of GST.
7. Disclaimers, limitation of liability and indemnities
7.1 By using this Site, you expressly agree that use of the Site is at your sole risk.
7.2 To the full extent permitted by law, We exclude all liability in respect of any loss or damage (whether direct or indirect) suffered by you with respect to the use of this Site.