Terms And Conditions

Please read the following terms and conditions carefully. The use of this site is governed by these policies and terms of use. By accessing, browsing and using this website, you are agreeing to be bound by these conditions of use.

Performance Garage reserves the right to update, modify, or alter these Terms of Use, at any time, without notice. Any changes will immediately take effect upon being posted on the site. Your continued use of this website after any amendment implies your agreement to alterations, modifications and updates in our Terms of Use.

1. DEFINITIONS
In this agreement, 

(a) Seller means Performance Garage and its successors and assigns
(b) Buyer means the person making a purchase or any person acting on behalf of and with the authority of the Buyer
(c) Products/Product means items/item available for purchase on the Site
(d) Site means this website performancegarage.com.au or any sub-domain variation

2. PRODUCT INFORMATION

2.1 We strive to ensure that product descriptions and specifications on every listing are accurate. However, these descriptions and specifications are based on the information provided by suppliers and manufacturers and we cannot completely guarantee accuracy or absence of errors or omissions. Performance Garage reserves the right to make any necessary corrections.

2.2 Product availability is updated at specific intervals. Know, however, that we sell high volumes of stock of a wide variety of items and cannot guarantee availability at all times. Products are generally noted on the Site as being Available or Out of Stock. You can add products which are out of stock to your Wishlist. If your Order contains a Product that is not available for immediate dispatch, we will contact you about your option to cancel the order, delete the unavailable product from your order and get a refund for that particular product, or place it for back order where we will dispatch the product when it becomes available.

2.3 Each listing comes with a clear image of the product. A product listing may contain one or several product images which have been provided by manufacturers or supplies. These images are for illustrative purposes. There may be minor differences in packaging in some products and colour may appear differently depending on your monitor’s display resolution.

2.4 We endeavour to ensure that our products are reasonably and properly priced. But despite the precautions we take, products may be listed with unintended erroneous information or inaccuracies due to typographical errors or oversight. In such circumstance, we may have to cancel your order. We will contact you as soon as possible and immediately issue a refund for the cancelled order. 

2.5 We highly recommend obtaining the service of qualified professionals when fitting vehicle parts. Products may or may not come with fitment instructions hence assistance or service by professionals will be necessary.

3. ORDERS

3.1 Placing an order

(a) By placing an order, you are making an offer to buy a product subject to this agreement.
(b) Your order is accepted by us when we process your payment. That will result to a binding contract between you (Buyer) and us (Seller). You will get e-mail notifications for the status of your Order.

3.2 Delivery

(a) All products are dispatched from our warehouse or from our suppliers in Australia
(b) International orders (outside Australia) may be subject to customs regulations and may incur additional taxes or fees. Please check your local laws before ordering.
(c) Once we have confirmed receipt of payment, we will endeavour to dispatch your Order within one business day where possible. Note that dispatch times and delivery times are estimates, nonetheless, and we cannot be held liable for late delivery or misdelivery caused by factors beyond our control.
(d) Items may be dispatched in more than one shipment particularly when they are fulfilled from different locations by different suppliers.
(e) We may not be able to deliver to some locations or some Products are limited in delivery locations. In such circumstance, we will inform you and offer an option to cancel the order or have it delivered to an alternative address.
(f) We will not process Orders with invalid payment and delivery details, and with delayed or rejected payments.
(g) To cancel an order, please email us immediately on [email protected] We cannot cancel orders once they have been dispatched. If we are able to cancel your order, we will issue a refund of any payment made using the same method as your original payment within 5 business days.
(h) If an Order is returned to us and has a “Return to Sender” mark because of incorrect delivery address, we will contact you to arrange for re-delivery and we may require payment of applicable delivery costs.
(i) Before signing the delivery docket, we recommend a careful inspection of the delivered product. Once you accept delivery of the Product as undamaged, you may not be able to make a claim for loss or damage in transit.

4. PAYMENT

4.1 Unless otherwise noted, the prices stated on the Site are in Australian dollars.
4.2 Delivery fees are separately calculated and will be displayed prior to asking you for payment.
4.3 We will not ship any Product without receiving full payment.
4.4 You agree that all personal information you provide to us for the purpose of purchasing the Product will be correct. You agree that the credit card or debit card or bank account you use is your own.
4.5 We reserve the right to obtain validation of your payment details prior to processing an order.

5. YOUR RIGHTS AND OBLIGATIONS

5.1 You agree to comply with this agreement and our Privacy Policy.
5.2 You agree to use the Site in good faith.
5.3 You agree to provide us with correct, complete and current personal information when transacting with us
5.4 You must complete online payment at the time of ordering.
5.5 You must not obtain or scrape information from this Site for commercial purposes without our written consent.
5.6 You will not use this Site for any illegal or fraudulent purpose

6. RETURNS, EXCHANGES AND REFUNDS

6.1 Contact us within 30 days of purchase to return any Product. 

6.2 You can return a Product to us if it is:
(a) Faulty
(b) Incorrectly described
(c) Not of acceptable quality or unsafe

6.3 We will accept returns of Products only if they are returned with complete and undamaged components, in resalable condition, and with proof of purchase. 

6.4 We may offer a product exchange or refund for returned Products.

6.5 We reserve the right to refuse request for Product Return/Exchange, or Refund if:

(a) you ordered the wrong product
(b) found a cheaper alternative elsewhere
(c) the Product has been opened and is no longer in its original packaging
(d) the Product is damaged by you or your carrier
(e) the Product has been damaged caused by incorrect use or attempt at repair or modification
(f) the Product has been used or dealt with contrary to manufacturer’s instructions for the use of the Product
(g) the Product has deteriorated because of normal wear and tear

7. LIMITATION OF LIABILITY AND INDEMNITY

You explicitly understand and agree that Performance Garage will in no way be liable to any party for any loss, damage, or injury arising out of or related to:

(a) the use or inability to use the information on this Site
(b) unauthorised access to or changes of your data transmissions
(c) conduct or statements of any third party.

Under no circumstance will Performance Garage be liable for any direct, indirect, special, exemplary, incidental, or consequential losses or damages (including loss of profits, data or other intangible losses).

If you have any inquiries about our Terms & Conditions please email us on [email protected].