General Terms and Conditions of Sale
[NOTE TO RETAILERS: These Terms of Sale have been prepared as an example template only, and you should ensure that any Terms of Sale displayed on your Website have been reviewed by your own independent legal counsel to ensure compliance with all applicable laws (including relevant consumer protection laws). Tyredating provides NO warranty or representation that these Terms of Sale will be in compliance with any applicable laws or cover all areas required to be covered by You and Tyredating and accepts NO responsibility or liability for any errors or omissions in this template Terms of Sale, or at all.]
These General Terms and Conditions of Sale (hereinafter "GTC") define the rights and obligations of the parties within the sale of products and/or services to consumers ("Customers" or "you") who order from the website [URL] (the "Website") with [Company's name], , [ABN/ACN [insert]], whose registered office is located [Registered office address] ("[insert name], "we", "us" or "our").
The Customer declares to have acknowledged and accepted unreservedly the GTC in their version in force at the time of the order. [Note: It is recommended that the Customer will have an option to tick a box "I have read and accept the General Terms and Conditions of Sales" at the time of the order. This cannot contain pre-ticked boxes.] You agree that the GTC apply to your purchase of any products and/or services from us. If you do not accept the GTC, you will not be able to order any products and/or services from this Website.
We reserve the right to modify these GTC at any time with immediate effect. If any modification of these GTC will materially impact you, we will use reasonable endeavours to notify you of any such changes and will post a notice on the Website. Accordingly, we recommend that you print a copy of the GTC or save a copy of the GTC to your computer for future reference after placing an order. Your continued use of the Website and placement of orders will be deemed to constitute acceptance of any modified GTC.
[When the presentation of the products on the Website highlights certain brands or types of products in priority: clearly specify it with all the useful details].
The applicable prices are those in effect at the time of the order. The prices of products and services appearing on the Website can be modified by us at any time with immediate effect.
The price for the products and/or services are as indicated on the order pages when you have placed your order, and are also contained in confirmation email. Prices are in Australian dollars ($) and include all taxes (including GST) . Any delivery costs will be invoiced in addition to the price listed on the Website and we will notify You of these before the final validation of Your order. [Note: Please confirm the currency in which products are listed. It is important to note that price transparency is key, and if products will be charged in a different currency to the consumer's local currency that this must be made clear to the consumer]
[Note: We recommend seeking specialist tax and/or GST advice when seeking to implement changes to the price and/or payments clauses of this template GTC]
The final amount expected to be paid by you, including delivery costs, is indicated in the order summary, before validation and payment for the order.
[Please include the process for orders here, for example, placing an order, if an order number will be assigned, etc] )
Customers may order products and/or services on the Website.
At any time before final confirmation of your order, you will be able to modify the content of the order, and check and amend for any errors before submitting your order to us.
After confirming the content of the order, you will be asked for final confirmation by submitting payment to us. The order will not be final until the payment of the corresponding price, unless otherwise agreed by us in writing.
After you place your order. We will systematically confirm the order by sending you an e-mail confirmation of receipt. This constitutes our acceptance of your order in accordance with all applicable laws. [We will also provide you with information on the essential characteristics of the products or services which you have ordered including price, our identity, duration of the contract, product delivery times and your right of withdrawal or refund][Note: further details to be set out on information provided pre-contract.]
If we are unable to accept your order we will inform you in writing and will not charge you for any products and/or services.
[If applicable: 4. FRAUD
[Eventually indicate the way how the fraud and payments incidents are managed and their consequences]]
5. AVAILABILITY OF PRODUCTS OR SERVICES
In the event of total or partial unavailability of a product or a service after ordering, we will inform you via e-mail as soon as possible, of the delivery of a partial order or of the cancellation of your order. You will be entitled to [terminate your agreement with us] and to receive a full refund in the event that a product or service is out of stock or unavailable.[Note: It is recommended that as soon as a product or service becomes unavailable to note this in a clear manner on the Website, there is a risk under the Australian Consumer Law that advertising products or services as available, when they are in fact unavailable could potentially be deemed as misleading and/or deceptive conduct.]
Purchases payment shall be made by means [Insert information in relation to the means of payments available, this section will need to be updated in order to reflect the means of payment and usual invoicing / terms of payment including information on the payment processes that need to be made available to the customers on the Website].Full pricing information should also be set out in these terms of sale, identifying what makes up the total price (including any additional fees (i.e. shipping or handling costs) and information on the payment process etc. as further detailed. ]You guarantee that you are fully entitled to use the means of payments for the payment of your order.
[Note: Please insert here the process and any terms in relation to the delivery and acceptance of the products, including when products are deemed accepted by a customer, when title and risk passes etc. Please also consider here whether a third party delivery provider will be used.]
Products or services will be sent to the delivery address that you have notified to us in your order. We will display costs of delivery to you on the website prior to final confirmation and payment of your order.
[You acknowledge and agree that we may use a third party delivery provider to deliver products to you.]
The maximum time limit for delivery is 30 working days from the order of the product or service, except where we notify you otherwise prior to you placing your order. In this case, we will use best endeavours to provide you an estimated delivery time. If there are any delays in delivery of products and/or services to you, we will use best endeavours to notify you as soon as possible.
In the event of a substantial delay in delivery, you may terminate your agreement with us by letter or via email with acknowledgment of receipt . In this case, we will reimburse you for all sums paid, within no more than fourteen days after the date on which your agreement with us was terminated.
Unfortunately, we do not deliver to addresses outside [insert countries]. You may place an order for products from outside these territories, but this order must be for delivery to an address in the countries listed above.
8. RIGHT OF WITHDRAWAL
8.1 Withdrawal period
You have 14 days to exercise your right of withdrawal, without having to justify your decision.
This period shall begin from the later of, the day:
- You successfully place your order for products and/or services;
You or a third party (other than any delivery carrier) receive the product/and or services.
In the case of an order relating to several products delivered separately, or composed of lots or multiple parts whose delivery is staggered over a defined period, the period shall begin from the receipt of the last product or lot or last piece.
For contracts providing for the regular delivery of products for a specified period, the period runs from the receipt of the first product.
8.2 Exercise of the right of withdrawal
You may exercise your right of withdrawal by informing us of by sending via email to the contact details provided in this GTC, before the expiry of the withdrawal period, the revocation form below or any other declaration, without any ambiguity expressing your intention to withdraw.
[If applicable: You may also complete and submit the withdrawal form available on the Website here [Insert a link to the form]. In this case, we shall promptly acknowledge receipt of any such withdrawal. ,
To [Company's name], [Mailing Address], [Fax number], [E-mail Address]
I/we (*) hereby notify (*) that I/we (*) withdraw from the contract on the sale of the product(*)/ for the services provision (*) below:
Ordered on (*)/received on (*):
Name of consumer (s):
Address of Consumer (s):
Signature of Consumer (s) (only in case of notification of this form on paper):
(*) Delete as appropriate.
You shall return the products to us within 30 days following the notification of your decision to withdraw.
When your right of withdrawal is exercised, we shall reimburse you for all sums paid, including delivery costs (except if you have expressly chosen a mode of delivery more expensive than the standard delivery mode), within 14 days of the date on which we were informed of your decision to withdraw.
Where we have supplied products to you, we may withhold the reimbursement until we have received the products from you, or you have provided us with a proof of shipment of the product(s).
We shall reimburse you by using the same mean of payment you used for the initial transaction.
[Note: Set out here the costs associated with returns and if the company will cover the cost of the return etc]
You can return a product to get a refund within 30 days of delivery of the product, if the product is unused in the original packaging and in the original condition in which it was delivered to you.
[Please insert any warranties here that are provided by the retailer to the consumer with the Products]Warranties in relation to products and/or services that we may provide, may vary be the type/category of the product and/or service. [Warranties may be found on our website [insert link]]. [Note: It is recommended to make available particular warranties in relation to certain products/services on your website and to provide copies of such warranties with the products] As a consumer, these warranties are in addition to your legal rights or other warranties or guarantees provided under applicable laws.
Except as expressly stated in this GTC, we do not give any representation, warranties or undertakings in relation to the products and/or services we provide.
Nothing in the GTC excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by applicable laws which cannot be lawfully excluded, restricted or modified. If any guarantee, warranty or term is imposed by an applicable law and cannot be excluded (Non-excludable Provision), and we are able to limit your remedy for a breach of the Non-excludable Provision, then our liability for breach of the Non-Excludable Provision is limited exclusively to one or more of the following, solely at our option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
10. INTELLECTUAL PROPERTY RIGHTS
Our products may be subject to intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to you, except the right to use the products.
11. PERSONAL DATA
12. FORCE MAJEURE
We will not be liable in the event of force majeure, or events beyond our reasonable control for the inability to perform our obligations to you under these GTC.
13. APPLICABLE LAW – DISPUTE
The General Terms and Conditions of Sales will be executed and interpreted in accordance with the laws of [New South Wales], Australia. The parties will submit to the exclusive jurisdiction of the courts of [New South Wales] and the Commonwealth of Australia. In the event of any dispute under this GTC, the parties agree to negotiate in good faith to resolve the dispute.
If any provisions of this GTC are determined by any court or otherwise to be illegal, invalid or otherwise unenforceable, the offending provision will be deemed severed from the GTC and remaining provisions of this GTC shall survive un-amended and will continue to be binding and enforceable.
Failure by any party to exercise or enforce any right or provision of these GTC shall not constitute a waiver of any such right or provision.
You may execute the GTC by way of [manual or electronic execution] (whether by clicking "I accept" or other electronic methods as specific by us from time to time) and we are entitled to rely on any such electronic execution.
[Indicate the postal details, telephone and electronic contact details for the department responsible for the Customers relations].