Terms and Conditions
Last Modified: April 30, 2017
These Terms and Conditions (hereinafter referred to as "Agreement", “Terms and Conditions” or “Terms”) are a legally binding agreement between you either an individual, group or entity (the “Customer”, “User”, “You”, or “Your”) and www.vwcentral.com.au (“Website”, “VW Central”, “Site” or “Service”) owned and operated by VW Central Pty Ltd, a company operating under the Laws of Victoria, Australia from its head office located in Huntingdale, Victoria (“Company”, “We”, “Us”, or “Our”).
Please read these Terms and Conditions carefully. Your access to the website constitutes your acceptance of all the provisions of these Terms and Conditions. If you do not wish to comply with these Terms and Conditions, please do not access the Site and Services offered through the Site.
The Website is not designed for use by persons under the age of 18 years. In the event that you are under 18 years of age, you confirm that you have obtained the consent of your parent(s) or legal guardian(s) to enter into a binding agreement with the company and to take responsibility for: (i) Your actions; (ii) any charges associated with your purchase of products through the Website; and (iii) Your acceptance and compliance with these Terms. If you do not have the requisite consent of your parent(s) or legal guardian(s), You must cease using/accessing this Site immediately. If you are entering into this agreement on behalf of an entity or third-party, You represent that you are authorized to enter into legally binding contracts on behalf of such entity or third-party.
By using the Website, you represent and warrant that you have the right, authority, and the capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.
How the Website works
The Site offers users a convenient way to order genuine VW automotive parts and accessories online. Users can easily select parts and accessories listed on the Website and place their order at www.vwcentral.com.au. The Company currently uses a secure e-Way payment gateway and also offers users online financing options through Afterpay and ZipMoney. By accepting Our Terms and Conditions, Users also agree to comply with the terms and conditions of our selected payment processor.
Delivery, Pricing and Payment
Shipping and delivery of products will depend upon availability. We will provide this information to you by marking the products on the Website as:
l “In Stock” - products that can be collected locally from our Australian warehouse or shipped immediately after we process your order;
l “Direct Ship” - products that need to be sourced from our supplier and ship the item directly to you;
l “Drop Ship” - products that need to be sourced from our supplier and shipped directly to you from the supplier.
For domestic customers we use Australia Post or Couriers Please for shipping all products marked “In Stock” or “Direct Ship”. Please take note that the shipping company and the delivery time frame for all products marked “Drop Ship” may vary for reasons beyond our control which includes without limitation, customs clearance.
All shipping costs and taxes are borne by the users. Users are able to view the estimated shipping costs to their chosen location before their order is processed. Please take note that the shipping costs are based on the weight and dimension of a product as provided by the Manufacturer and/or Distributor and subject to change in case of any inaccuracies discovered at the time of shipping.
You acknowledge that delivery of the products is subject to availability of the products. We will make every reasonable effort to deliver the product to you within the delivery timeframe stated at the time you place your order, but you acknowledge that all delivery timeframes given are estimates only and delays can occur for reasons beyond our control. If the delivery of your product is delayed, We will inform you accordingly via e-mail. The time for delivery shall not be of the essence and we shall not be liable for any delay in delivery whatsoever caused.
The product shall be delivered to the address specified by you when placing your order. You may pay for the product using any of the payment methods prescribed by us from time to time.
Please note that we reserve the right to change Our product prices at any time without giving any prior notice to You. You will be liable to pay the product price listed on the Website at the time you place your order with the exception in case of errors. In case of any errors in the list price on the Website at the time you place your order, we may at our sole discretion notify you of the error and only process the order with the correct price if approved by you. We reserve the right to cancel any order requests in our sole discretion and notify you of such cancellation.
All Cancellations and Refund requests are governed by Our Return Policy, which is incorporated herein by reference.
Account Registration and Access
You may browse through the Website without signing up, but as a requirement to using certain services offered by us, You may be required to register at www.vwcentral.com.au by providing us with the required information. You agree that you will provide us with accurate and current information when registering with the Website and you agree to keep such information up-to-date. Any failure on your part to provide us with the aforementioned accurate and current information shall constitute a breach of these Terms and Conditions. In the event of such breach, We reserve the right to immediately terminate your account. We reserve the right to refuse registration of a User account in our sole discretion. You hereby accept and agree that you are solely responsible and liable for any activity that occurs on your account. You further accept and agree that you shall be responsible for maintaining the confidentiality of Your Sign in credentials on the Website. You agree that you will never use another User's account without their prior express permission. Furthermore, You agree to immediately notify us in writing of any unauthorized use and access to your account, or similar security breach of which you become aware of.
Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Website, Product Manufacturers, Suppliers, Distributors and its affiliate partners: for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libellous, obscene, threatening, abusive or is offensive to Users of the Website, such as content or messages that promotes racism, hatred or physical harm of any kind against any group or individual; or that is false or misleading; or that harasses or advocates harassment of another person.
Users are prohibited from interfering or attempting to interfere the security of Our Website, including but not limited to:
- access data which is not intended for you;
- probing, scanning or testing the vulnerability of Our system;
Specific Restrictions on Rights to Use:
l modify, adapt, translate, or reverse engineer any portion of the Website;
l remove any copyright, trademark or other proprietary rights notices contained in or on the Website and on the products showcased on the Website;
l use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use;
l collect any information about other Users for any purpose other than that specified on the Website;
l reformat or frame any portion of the web pages or products showcased on the Website without express written consent of the Company;
l create or transmit unwanted electronic communications such as "spam" to other users or members of the Website or otherwise interfere with other User's or Visitor's enjoyment of the Website;
l submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company;
l transmit any viruses, defects, Trojan horses or other items of a destructive nature;
l use of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
We welcome your feedback and suggestions about how to improve our products or the Website. Feel free to submit feedback to [email protected] By submitting feedback, You agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or in part, without any restriction or compensation to You.
Modification of Terms and Conditions
You understand and agree that these Terms and the Website and any Products offered by us can be modified by the Company at its sole discretion, at any time without prior notice to you, and such modifications will be effective upon such new Terms being posted and/or upon implementation of the new changes to the Website. You agree to review the Terms and Conditions periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by you on your failure to review such modified Terms.
Reservation of Rights
We reserve all rights not expressly granted in these Terms & Conditions.
Limitation of Warranties
By using our website, You understand and agree that all Products are provided on an "AS IS" and "AS AVAILABLE". This means that we do not represent or warrant to You that:
- I. The use of Our Products will meet Your needs or requirements;
- II. The use of Our online Service will be uninterrupted, timely, secure or free from errors.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS CLAUSE, THE TERM SITE INCLUDES THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS OF THE SITE.
Limitation of Liability
THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE USE OF ANY PRODUCTS OR ANY OF THE FOLLOWING:
l ANY ERRORS OR OMISSIONS IN ANY SITE OR OTHER CONTENT MADE AVAILABLE BY THE SITE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCTS/CONTENT MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE (WHETHER IN CONTRACT, DELICT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY.
This website is controlled by VW Central PTY. LTD., from its head office in Huntingdale, Victoria, Australia. By accessing this Site, You agree to abide by the laws of Victoria, Australia. Furthermore, any action to enforce these Terms & Conditions shall be brought in the courts located in Victoria, Australia. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Assignability - We may assign any of our responsibilities and/or obligations to any other person, at our sole discretion, without giving any notice to you. However, you shall not assign or transfer any of your rights or obligations under this Agreement to any other party, without express written consent from the Company.
Severability - If for any reason, any clause of this Agreement or any part of any clause is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
Waiver – Under no circumstances, failure on our part to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.
Force Majeure - The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Links to third party sites - The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Website and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
We will not be responsible for any errors, omissions or representations on any Linked Site. We urge you to verify the accuracy of any information on your own before undertaking any reliance on such information.