This agreement is a contract between the customer (you) and Enginecare Systems Australasia Pty Ltd ABN 14 064 845 647, 12/30 Mudgeeraba Road, Mudgeeaba Qld 4213. These terms apply to the ordering, purchase and delivery of Goods from enginecare.com.au and form a contract between you and Enginecare Systems Australasia Online (Terms) as amended from time to time.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitations of liability.
Other important terms may also apply to your Order, such as Enginecare Systems Australasia Returns Policy or specific terms for certain Goods as identified in the product description field on the Website.
If you have any questions, please contact Enginecare Systems Australasia on 1300 774 662 or contact us via our ‘Contact Us’ form and we will be happy to assist you.
1.1 The following definitions apply to these Terms.
Business Day means a week day in which trading banks are open for the transaction of banking business in Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on your Order.
Delivery Agent means a nominated third party delivery or shipping company for Enginecare Systems Australasia.
Delivery Fee means the fee charged by the Delivery Agent for the delivery of Goods under clause 8.
Goods means the items offered for sale described or displayed on the Website.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Enginecare Systems Australasia under these Terms.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (including GST).
Returns Policy means the Enginecare Systems Australasia Returns Policy found on the Website
Website means the sites available from http://www. enginecare.com.au/.
Website Terms means the terms governing your use of the Website, in addition to these Terms.
We, Us, Our, Enginecare Systems Australasia means Enginecare Systems Australasia Pty Ltd (ABN 14 064 845 647).
You and Your means you as the purchaser of Goods from Enginecare Systems Australasia pursuant to these Terms.
2.1 You will be bound by these Terms when you submit an Order via the Website. Each Order you place will be a separate contract between you and Enginecare Systems Australasia for the supply of Goods, under these Terms.
3.1 An Order submitted by you is an offer by you to purchase Goods for the Price (plus any Delivery Fee) as specified at the time you submit your Order.
3.2 In completing the Order form, you agree to provide complete and accurate personal details to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to deliver your Order.
3.3 Enginecare Systems Australasia will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in an Order by you.
3.4 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless by agreement with Enginecare Systems Australasia or otherwise under these Terms). However, you can return Goods under the Returns Policy. You should check your Order carefully before submitting your Order. For terms on cancellations or returns see clause 12.
3.5 Where you place consecutive or separate Orders, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order – see clause 8. Subject to clause 3.2, you can order as many Goods as you wish in one Order.
3.6 You will be provided with an Order number when you submit your Order. The Order number is required when contacting us about your Order.
4.1 Enginecare Systems Australasia reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it constitutes an agreement by Enginecare Systems Australasia to supply the Goods under these Terms.
4.3 If we reject an Order, we will notify you of the reason for rejection via email within 5 Business Days.
4.4 Enginecare Systems Australasia will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.5 If we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order under clause 7.
4.6 If we cannot contact you about your Order using the contact details you provide in the Order, after having made reasonable attempts to contact you, we will reject the Order under clause 4.1 and notify you of that rejection via phone or email within 5 Business Days.
5.1. From time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, Enginecare Systems Australasia will use reasonable endeavours to either:
- source the Goods; or
- contact you within 5 Business Days to either:
- arrange a full or partial refund; or
- change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you; or
- come to an alternative arrangement.
Where a comparable product or alternative arrangement cannot be agreed, we will refund you the Price paid for the Goods under clause 7.
5.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Enginecare Systems Australasia will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
5.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 7.
5.4. Enginecare Systems Australasia reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and Myer Online will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
5.5 You acknowledge and agree that:
- all pictures and images of Goods displayed on the Website are for illustrative purposes only, and the sizes and dimensions of Goods may differ in real life, and any accessory featured with the Goods is for illustrative purposes only, and may be sold separately;
- you have read any written description of the Goods on the Website before submitting your Order;
- the colour of Goods as shown on the Website may vary slightly in real life; and
- where we provide dimensions and measurements in the descriptions of a Good , it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good);
6.1 The Price in respect of a Good is specified on the Website.
6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). GST does not apply to the purchase of Gift Cards. Any fees and charges (e.g. Delivery Fees) imposed by these Terms also include GST where applicable.
6.3 Enginecare Systems Australasia reserves the right to change or alter Prices of Goods on the Website without notice to you. If you have already submitted an Order at a particular Price, there will be no change or alteration to that Price (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.4 will apply).
6.4 For each Order, we will charge you and you agree to pay:
- the Price (which is the Price at the time the Order is submitted); and
- the Delivery Fee.
6.5 You can pay for your Goods by any of the methods specified on the Order form on the Website, including credit cards. Payment is only debited from your card at the time your order is ready for a Delivery Agent used by Enginecare Systems Australasia. The name on the credit card used for the payment must match the name on the Order.
6.6 Any payment for an Order must be cleared by Enginecare Systems Australasia before Goods are despatched. If your payment cannot be processed, your Order will be rejected under clause 4 and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
6.7 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive an Order confirmation by email once payment has been processed.
6.9 Where an Order is split under clause 8.12, you may see two separate transactions on your payment statement. You may also be charged additional Delivery Fees under clause 8.12.
7.1 If Enginecare Systems Australasia processes a refund under these Terms, it will use reasonable endeavours to process the refund within 5 Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Enginecare Systems Australasia is not liable for any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
7.2 It is a condition of Visa, MasterCard, Maestro and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Enginecare Systems Australasia is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you used for your Order.
8.1 Enginecare Systems Australasia uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.
8.2 We are able to deliver to PO Box addresses.
8.3 Subject to clauses 8.4 and 8.5, delivery is available within Australia in our pre-defined delivery areas for all Goods.
8.4 For Big and Bulky Goods, delivery may be limited to metropolitan regions within Brisbane, Melbourne, Perth and Sydney, unless otherwise agreed between Enginecare Systems Australasia and you and confirmed in writing.
8.5 Where the Delivery Address is outside of metropolitan regions, we encourage you to call us on 1300 774 662 or contact us via our contact form to confirm delivery availability and to provide you with a delivery quote before you submit your Order.
8.6 Refer to the ‘Freight’ area of the shopping cart for the applicable Delivery Fee for these Goods on the product page on the Website.
8.7 We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order, and we will refund any payment made under clause 7.
8.8 Enginecare Systems Australasia cannot guarantee that delivery will occur in the delivery time frames; and
8.9 Enginecare Systems Australasia is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
General terms for delivery
8.10 Delivery of Goods will take place at the Delivery Address specified by you in the Order.
8.11 If you are not personally available to accept delivery, you may appoint a representative to accept delivery in your place. Subject to clause 8.14, the representative must be over 16 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative’s instructions as if they were your own.
8.12 On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as photo ID or proof of age (for delivery of Restricted Goods). Enginecare Systems Australasia may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age.
8.13 You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay additional Delivery Fees.
8.14 Once delivered, you must inspect and test the Goods and ensure the Goods delivered match your Order. You must let us know about any damaged, missing and incorrect Goods as soon as possible by contacting us on 1300 774 662 or email us at email@example.com. You can otherwise return Goods under clause 12. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any returns due to you changing your mind about your purchase will attract another Delivery Fee.
8.15 Insurance and express delivery are not available.
9.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
10.1 Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address. You should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods under the Returns Policy.
11.1 Delivery Fees will not be refunded if you return Goods for change of mind or incorrect size.
14.1 You represent and warrant that Enginecare Systems Australasia will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
14.2 Subject to any rights you have under any consumer protection law, Enginecare Systems Australasia excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. You are entitled to certain rights under consumer protection law that cannot be excluded.
14.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
15.1 Enginecare Systems Australasia reserves the right to, at its discretion, terminate the agreement for the supply of Goods to you and your use of the Website:
- for convenience, at any time, upon provision of notice to you;
- immediately if Enginecare Systems Australasia reasonably believes that you have breached these Terms and:
- that breach is not capable of remedy; or
- if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
16.1 Enginecare Systems Australasia reserves the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time of Order are those that govern your relationship with Enginecare Systems Australasia with respect to that Order.
16.2 Enginecare Systems Australasia may give notice to you by electronic mail. You may give notice to Enginecare Systems Australasia by electronic mail to firstname.lastname@example.org
16.3 Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
16.4 A failure or delay by Enginecare Systems Australasia to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Enginecare Systems Australasia does not preclude its future exercise or the exercise of any power or right.
16.5 A reference to a clause is a reference to a clause of these Terms.
16.6 The laws of Australia govern this agreement. Your transaction is deemed to have taken place in Australia.