1.1 Welcome the Everest Auto Parts and 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.
7.3 To the full extent permitted by law, We exclude all representations, warranties or terms (whether express or implied) with respect to this Site and the Products other than those expressly set out in these T&C’s.
7.4 These T&C’s are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, We limit Our liability in respect of any claim to, at Our option:
(1) the replacement of the Product or the supply of an equivalent product;
(2) the repair of the Product;
(3) the payment of the cost of replacing the Product or of acquiring an equivalent product; or
(4) the amount paid by you with respect to your purchase of the Product.
7.5 We do not provide any warranty for Products:
(1) bought for industrial, mining or agricultural use;
(2) bought for resupply or resale or no longer required by you;
(3) incorrectly chosen by you; or
(4) modified or altered by you (including changing colour).
7.6 We do not warrant:
(1) that the use of this Site will be uninterrupted, error-free or completely secure; and
(2) the accuracy, integrity or completeness of the content provided on the Site or the Products or services offered for sale on the Site.
7.7 No oral advice or written information given by Us shall create a warranty.
7.8 We are not liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Site or your installation or use of the Products being sold by Us.
7.9 You acknowledge and agree that under no circumstances will We be liable to you or any other person for any damages, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, data loss or corruption, or liability arising out of, or related to, the services provided by Us or the installation, use of, or inability to use Our Products, goods or services. Further, you affirmatively release and hold harmless Us from and against any loss, liability or damage that you may suffer as a result of the use of this Site or the Product you have purchased from Us.
7.10 You agree to indemnify Us from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Site, the purchase of any Product from us, any information that you provide via this Site or any damage that you may cause to this Site.
7.11 We will not be liable for any delay in performing any of Our obligations if such delay is caused by circumstances beyond Our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or deliveries.
8. Errors on Our Site
8.1 Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
8.2 Although We use Our best endeavours to confirm the accuracy of any information published on this Site, you agree that We cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Us or by manufacturers or suppliers changing product specifications without notice to Us. You agree to make your own enquiries to verify information provided and to assess the suitability of the Products before you purchase.
9. Product Display/Colours
The Site attempts to display product images shown on the site as accurately as possible. However, We cannot guarantee that the colour or finish you see matches the actual product colour and finish, as the display of the colour and finish depends, in part, upon the monitor you are using.
10. Bonus Offers
10.1 All coupons, promotional codes, bonus offers or redemptions (“Bonus Offers”) have different entry requirements, terms, conditions, and rewards. The conditions of entry for any Bonus Offer will be listed separately, and be in addition to, these T&C’s.
10.2 The conditions of entry in conjunction with a Bonus Offer will state the value of the offer, how to redeem the offer and must be met to receive the Bonus Offer. Some Bonus Offers may not be combined with other offers in the same order. Generally, only one Bonus Offer may be used per order.
10.3 Bonus Offers that are required to be redeemed at the time of purchase cannot be applied retrospectively.
10.4 If a Bonus Offer is redeemed and your entire order is cancelled or rejected, or if you return all items in your order, you will be refunded the actual amount paid in cash by you and your Bonus Offer will no longer be valid.
10.5 We reserve the right to vary or discontinue a Bonus Offer at any time. We make no guarantee that changes to the conditions of entry to any Bonus Offer will be provided by Us.
11.1 You represent and warrant to Us that:
(1) you have the legal capacity to enter these T&C’s; and
(2) you will not add any content whatsoever to this Site except information that is requested of you.
11.2 You agree that you will not engage in any activity that interferes with or disrupts this Site or the servers and networks that host this Site. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of this Site or the content. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
12. Proprietary Rights
12.1 All content included on or comprising Our Site including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.
12.2 All Content is copyrighted as a collective work under Australian and international copyright laws which We own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
12.3 Except as expressly authorised or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
12.4 You must not use this Site to:
(1) make content submissions that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);
(2) interfere with other users or prevents any other person from using or enjoying the Site;
(3) defame, harass, threaten or offend any person;
(4) make fraudulent or speculative enquiries, purchases or requests; or
(5) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings.
12.5 By using this Site, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to Us or any other third party using this Site is non-confidential. By submitting any solicited or unsolicited information using Our Site, you grant Us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.
12.6 Cookies may be used on this Site to gather data in relation to this Site and you consent to this (although you may be able to disable cookies on your web browser).
13. Links to Third-Party Web Sites
13.1 This Site contains links to other sites operated by third-parties (“Third Party Sites”). These links are available for your convenience and are intended only to enable access to those third-party sites and for no other purpose.
13.2 We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on this Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. We make no representation or warranty as to any products or services offered on any Third-Party Site.
14.1 As a retailer and wholesaler of the Products, personal information collected and maintained by Us generally comprises:
(1) personal details such as name, address, drivers licence information, date of birth and place of birth information;
(2) contact details including phone number, fax number and email address;
(3) credit card and cheque details;
(4) reports from credit reporting agencies;
(5) business details such as company name, size and business type; and
(6) unique identifiers such as user name, account number and password.
14.2 This personal information is collected for the purposes of Our dealings with Our customers, performing credit worthiness checks in accordance with Our credit policies and promoting and marketing Our goods and services. It is also used, as much as possible, to guard against fraud. We will not use the information collected by Us other than as authorised by the laws of New South Wales, Australia.
14.3 Personal information is used by Us for Our legitimate business purposes. It is also used for ancillary purposes such as locating and identifying customers or otherwise servicing Our relationship with Our customers.
14.4 We may also use personal information collected for the purposes of marketing Our goods and services. We will not otherwise use or disclose your personal information unless such use or disclosure is authorised under the National Privacy Principles or other applicable laws.
14.5 We may rely upon third party contractors and suppliers (“Agents”) to undertake specialized activities or services such as mail outs and internet communications and other promotions. These Agents act on Our behalf and have agreed not to use any personal information about customers provided to them for any purpose other than the specific engagement on Our behalf. Whilst personal information may be provided to these Agents to enable them to perform their tasks, such information at all times remains Our property. You authorise Us to release any personal information to any our agents, contractors and related parties.
15.1 If We merge, sell or otherwise change control of Our business or this Site to a third-party, We reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that We have collected from you and any agreements We have made with you.
15.2 These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of the Site complies with the laws of any country outside Australia.
15.3 If any part of these T&C’s are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Us.
16. Affiliate Program
16.1 You may only participate in the Everest Auto Parts and Accessories Affiliate Program (“Affiliate Program”) when we notify You that we have accepted Your application to participate in the Affiliate Program. By participating in the Affiliate Program, You represent to us that You agree to be bound by these T&C’s.
16.2 We authorise you as our Affiliate to refer your customers, family and friends to our Website by providing a hyperlink from your website to our Website or otherwise referring your contacts to our Website.
16.3 You must comply with any reasonable directions we give you about the placement of Banners, hyperlink and text. This authorisation is non-exclusive and you are not our partner, employee nor agent, and you must not purport to act on our behalf nor do anything that is not expressly authorised under these T&C’s.
16.4 You must not create any partnership or agency sales relationship with any other person. You do not have authority from us and You are prohibited from making or accepting any offers or representations on our behalf.
16.5 We will pay You a commission calculated as a percentage of the price (excluding postage and freight costs) for each sale to a customer arising directly from the customer being referred from You or Your website to our Website. Commission is inclusive of goods and services tax payable on supplies made by You to us. The current commission is 4% of the sale price.
16.6 We may increase or reduce the percentage rate of commission or change the methodology for calculating remuneration at any time under the Affiliate Program. If you do not agree to this change, you may terminate this agreement by giving us notice in writing effective immediately.
16.7 If an order is cancelled by the customer We are entitled to a refund of any commission already paid to You for any purchase by that Customer and we are entitled to offset any such amount from any further payments due to you.
16.8 We grant to You a non-exclusive and non-transferable revocable licence for the duration of this agreement to use our trade marks for the purpose of providing a hyperlink on your website that links to our Website. You are solely responsible for the implementation of all URLs that are linked to our Website. Once your application is approved, we may send you an email confirmation with banner, text links and tracking URL to monitor your website referral and sales. We will be unable to track sales if you make any changes to the tracking URL. You hereby agree that when and if the URL used in tracking sales is modified, erased, corrupted for whatever reason we will not be able to track sales and we will not be liable for payment of any commissions.
16.9 We will not be liable for any direct, indirect, special or consequential damages or any other losses arising in connection with the Affiliate Program and our aggregate liability arising with respect to the Affiliate Program will not exceed the total commission paid or payable to you.
16.10 We may cancel the Affiliate Program at any time with or without notice by removing the feature from our Website. You agree that you cannot make any claim against us, and You release us from and against any claims in connection with the Affiliate Program.