A buyer is any person who contracts to acquire an asset in return for some form of consideration.
These Terms and Conditions are binding on you and us and on our respective successors and assignee’s. You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
- Australian Consumer Law Requirements.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
In addition to the rights conferred by the Australian Consumer Law, the express warranties and policies set out in these General Terms and Conditions of Purchase apply.
- Cruisin Automotive Return Policy.
Please inspect your purchase immediately upon receipt of item either in store, by mail or by delivery.
In the event that you wish to return the item(s) and we accept your cancellation request you must return item(s) in their original packaging and in the same condition as when you received them. If you do not follow our policy for returns you may not receive a full refund.
It is the buyer’s responsibility to cover postage costs when returning an item, these costs are non-refundable. If the item has been used or cannot be returned in its original packaging, then our 14 Day Money Back Guarantee is void.
We have no obligation to provide you with a refund if those Products are not returned to us or are returned in a damaged condition or if there is any shortage in the number of Products you return.
In the event that you wish to cancel an order(s) it is at the sole discretion of Cruisin Automotive as to whether we accept your cancellation request. You may have to pay the total cost of the order despite cancellation. Please note that change of mind returns are given at our absolute discretion. Many of the items sold by Cruisin Automotive are already covered by original manufacturer’s warranties. It is your responsibility to ensure your accepted payment method details are valid and up to date. We accept Visa, MasterCard, American Express Cards and PayPal. It is your responsibility to ensure that sufficient funds are available at the time of payment processing.
A 1.5% surcharge applies to all Card transactions.
A discretion is used for returns. If approved a Re-Stocking fee is 20% of total amount of ordered & returned product.
In the event that payment(s) are unsuccessful we reserve the right to recover the debt through alternative means, either directly or through a third-party. We reserve the right to suspend or terminate future deliveries when payments are outstanding. You acknowledge that we may pursue and attempt to collect any outstanding amounts as a result of any declined and outstanding payments on your account. You agree and allow us to contact you to discuss those failed payments.
If we are unable to receive or gain any satisfactory guarantee for payment, your name, contact information, and order details may be referred to an external debt collection agency. You will be liable for any fees or charges incurred as a result of this referral.
Products will only be shipped after full payment has been received. We are happy to present the product at the post office and organise shipping to your address. If you want insurance, you must ask for it.
A payment made to your credit card will incur a 2% transaction fee. Once it is shipped it is not the responsibility of Cruisin Automotive. Vehicles stored at the commercial building address of Unit 2 and Unit 3, 308 Victoria Road, MALAGA in Western Australia are not covered by insurance.
You may wish to consider purchasing your own insurance during the workable period. All care is taken, and we look after everyone’s vehicle as if it is our own.
- Delivery Delay.
By law, an item ONLY needs to be delivered within 30 days to be seen as delivered on time. At every opportunity we will endeavour to arrange for the fastest possible delivery but from time to time unexpected delays occur.
If an item is built overseas (outside Australia) and then delivered, the definition of a reasonable period of time will be determined by the Owner of Cruisin Automotive.
If the delivery has taken more than 30 calendar days then you can cancel the contract with Cruisin Automotive and get a refund, regardless of whether the item was bought online or in our store.
By placing an order with us, you consent to us providing your name, contact details, and delivery address to third parties (including our suppliers or delivery contractors) for the purpose of fulfilling and delivering your order.
We accept no liability or responsibility for incorrectly placed orders. Nor do we accept liability or responsibility for delivery details which are incorrectly supplied, or you fail to supply.
Warranties are for parts only; no labor costs are covered. Manufacture warranties are from the date of purchase. Warranties do not cover incorrect installation, any modifications of the product or any of its components by the purchaser. Normal wear of service items will not be covered under this warranty. Cruisin Automotive will not be liable for personal or property damage caused by misuse on any product sold or manufactured.
If Goods are being collected, please collect them within 30 days after we inform you that they are ready for collection. If you do not, then unless you make arrangements with us for late collection, we will assume you have cancelled your order. This means we may re-sell the Goods and you may forfeit any deposit or payment you have made. We may need to verify your identity upon collection.
The Goods are at your risk after delivery and collection. All transactions are processed in $AUD.
If a quote is requested which requires the Owner of Cruisin Automotive to carry out a car inspection out of hours a charge of $100/hour applies to cover time, travel costs and expertise.
- Automotive Repairs at Cruisin Automotive
Cruisin Automotive will carry out the Commencing Initial Scope of Works (the work) as discussed and or documented in respect of the motor vehicle/parts. Cruisin Automotive will supply and fit all necessary parts and materials.
The Owner will pay Cruisin Automotive the charges due in respect of the work and the parts and materials supplied by Cruisin Automotive under this Scope of Works. Cruisin Automotive may request an upfront deposit of 50%. Unless otherwise agreed by Cruisin Automotive in writing, the Owner will pay the full amount due on each invoice of the completion of the work for that week. Final Invoice is to be paid in full prior to the collection of the motor vehicle/parts. If it is a small job the invoice is to be paid in full on the completion of the work and collection of the motor vehicle/parts.
Cruisin Automotive is entitled to increase the charges payable by the Owner for any product or service provided under this Agreement to include any goods and services tax (GST) payable by Cruisin Automotive in respect of the supply of that product or service.
If any amount payable by the Owner is not paid by the due date, daily Interest on that amount will be payable at the Banks Overdraft rate of 9.50%.
The Owner warrants that it is entitled to grant a lien, and hereby grants a lien over the motor vehicle (including all its equipment accessories and contents) to secure the due payment of all charges arising under this Agreement, including storage charges, interest charges and any additional charges.
Cruisin Automotive will notify the Owner by telephone and email when the motor vehicle/parts are available for collection. If the Owner does not collect the motor vehicle/parts within two days (excluding days on which Cruisin Automotive is not open for business) of Cruisin Automotive giving notice to the Owner, the Owner will pay Cruisin Automotive a storage charge of $20.00 per day plus GST (or part thereof).
The Owner IS personally liable for all amounts payable under this Agreement – Verbal or Written/ Text Message/Email, regardless of any insurance or other contractual arrangement it may have.
Unless otherwise agreed, Cruisin Automotive will complete the work in a reasonable time. If an estimated or specific time for completion is given by Cruisin Automotive, it will not be liable for any delay due to circumstances beyond its control.
The Owner authorises Cruisin Automotive to order on its behalf any parts or materials necessary to carry out the work. Unless otherwise agreed in writing, the Owner must pay to Cruisin Automotive the full cost of obtaining any such parts and materials (including any costs arising from currency fluctuations between the date the parts and materials were ordered and paid for).
The servants or agents of Cruisin Automotive may test drive or carry out tests of the motor vehicle at Cruisin Automotive’s discretion. If requested by the Owner, they may collect or re-deliver it where nominated by the Owner and Cruisin Automotive will not be liable to the Owner for any damage which occurs to or IS caused by the motor vehicle during such driving or testing, unless it arises from the negligence of Cruisin Automotive or its servants or agents.
Cruisin Automotive will not, without the Owner’s prior authorisation, carry out any work or supply any materials which are not included or referred to in Commencing Scope of works. Cruisin Automotive will telephone, text or email the owner prior to doing so and obtain the owners approval. This will be followed up by a confirmation email. Cruisin Automotive will supply photos of the work completed throughout the duration of the work carried out.
The Owner may in writing, (phone/text/email) orally or by an agent authorise additional work to be performed or materials to be supplied. If additional work or materials are duly authorised, the Owner will be liable to pay for the additional work or materials the amount which is agreed at the time of authorisation.
Subject to any Australian or Western Australian law implying a non-excludable obligation or right under this Agreement, Cruisin Automotive’s ability in respect of faulty workmanship or defective parts is limited to direct rectification and the replacement or repair (at Cruisin Automotive’s discretion) of defective parts free of charge. Cruisin Automotive will not be liable in any way for losses or claims arising directly or indirectly from the performance of its obligations under this Agreement.
Cruisin Automotive WILL NOT be liable for defective parts if another tradesperson or business has done further work on that part of the vehicle.
All parts claimed by the Owner to be defective must be returned at the Owner’s expense in order to establish the alleged defect before any replacement or repair must be undertaken
This Agreement is governed by the law of the Western Australia.
In this Agreement, where the context allows, references to a gender include the other genders, references to person include corporations and the singular includes the plural.
- Cruisin Automotive Website.
Cruisin Automotive may collect personal information about you through the website to allow us to supply you with goods and services. We will not use or disclose your personal information for any other purpose.
By placing an order with us on the website, you consent to us providing your name, contact details, and delivery address to third parties (including our suppliers or delivery contractors) for the purpose of fulfilling and delivering your order.
We may incorrectly price a product on our website. If it is deemed a price on the website is showing in error, a final decision on the actual price will be determined by the Owner of Cruisin Automotive. If an order is made based on a website price, and the deemed price on the website is showing in error, a final decision on the actual price will be determined by the Owner of Cruisin Automotive.
The security of your personal information is important to us. when you enter sensitive information (such as credit card numbers) on our website, this information is encrypted using secure socket layer technology (ssl) by our respective service providers. When credit card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete credit card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
Your access to or use of our Cruisin Automotive site does not constitute or create a licence or any other right to use our name, trade dress, trademarks, copyrights or any other intellectual property.
You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system. The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
If you have any questions, email us at email@example.com