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Home   Help & Information   Terms and Conditions

Terms and Conditions

These conditions apply to your use of our Website and any products therein. By accessing this Website, you agree to be bound by them.

DEFINITIONS.

"Conditions" means these terms and conditions: "Personal Information" means any personal details provided by you via the Website; "User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires; "We/us/our" means HARDTOPS AU, "Website" means the website located at http://www.hardtops.com.au or any subsequent URL which may replace it; and "You/your" means you as a user of the Website.

1. INDEMNITY.

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or products therein, or the use by any other person accessing the Website using your PC or internet access account, or the products therein.

2. OUR RIGHTS.

We reserve the right to:

modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or the products therein, and/or change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the Website.

3. THIRD PARTY LINKS.

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

4. MONITORING.

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

5. YOUR DATA.

We respect your personal information and undertake to comply with applicable Australian Data Protection legislation from time to time in place. You should be aware that: if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your personal information and/or information concerning your activities whilst using the Website we shall do so; and We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these conditions or otherwise. Please view our Privacy Policy, which forms part of these Conditions.

6. INTELLECTUAL PROPERTY AND RIGHT TO USE.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us. The Website is Copyright of HARDTOPS AUSTRALIA. All rights reserved.

7. NOTICES.

You may send us notices under or in connection with these conditions: by post to: PO Box 664, North Lakes, QLD, 4509. By email to: hardtopsaustralia@gmail.com Proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 5 working days of our receipt and should be retained by you.

8. LIMITATION OF LIABILITY.

WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON OUR WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESSED OR IMPLIED IN RELATION TO ITS ACCURACY. The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf are accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of your visit to or purchase from our Website. Not withstanding any other provision in the conditions, nothing shall limit your rights as a consumer under United Kingdom law. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you. We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special, indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or products supplied.

9. SEVERANCE.

If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these conditions and shall not effect the validity and enforceability of any of the remaining provisions of the conditions.

10. WAIVER.

Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

11. SURVIVAL.

Each provision of these conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

12. ENTIRE AGREEMENT.

These conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these conditions. You confirm that, in agreeing to accept these conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these conditions save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these conditions.

13. LAW.

The conditions will be exclusively governed by and construed in accordance with the laws of United Kingdom whose courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

A contract of sale shall be deemed to exist between HARDTOPS UK and you when you receive a confirmation of order from us or an invoice. You must check that the order details, invoice and delivery address are correct and notify us immediately of any discrepancies. We advise that you print a copy of this confirmation for your own records.

14. CANCELLATION.

You may cancel your order with us up to 7 working days starting the day your order is received and any payment made will be refunded, providing the goods have been ordered from stock. Special consignments or pre-orders such as goods made to the customer’s personal specification and not from options offered from stock cannot be cancelled once the order has been accepted. Send us an email with your order number, name and address to cancel. 

Upon receipt of a stock item, you may return theses goods at your own cost and in the original packaging. Providing these conditions are met we will refund via the same method used for the original payment. This means that the cost of delivery cannot and will not be refunded. 

Please Note: These conditions do not apply for the return of faulty / damaged goods (see below).

15. DELIVERY.

A 50% deposit will be required on placement of order. We aim to deliver goods from stock within 14 days of completion of payment process for orders paid by credit/debit card. Orders paid by cheque will not be dispatched before clearance of cheque. Non stock items and special orders can be up to 12 weeks delivery.

We will post items via the delivery method selected however we accept no responsibility for loss, damage or late delivery through no fault of our own. In certain cases it may be possible to claim compensation for lost items however we need to be notified within 14 days that the product has not arrived else we will not be able to claim and you may lose the money spent on that lost item. In the exceptional circumstances where we find we are at fault I.e. lost order, we will send the item and refund all postage costs.

All goods under 20KG are delivered via Australia Post, Monday - Friday. Australia Post rates apply.

For bulkier items delivery is made by e-go courier services. Delivery can be made direct to your door or to a Depot local to you, where you can arrange pick up. Goods will require signature upon receipt.

Offshore Customers - As above, except, delivery service to be advised.

Delivery charges:

These are priced per item based on weight, dimensions and delivery location. Special rates apply for bulk orders, please contact us for details.

16. GOOD ORDERED IN ERROR.

We will refund monies for any product ordered in error as long as it is returned to us at your expense and it is received in the same 'New' condition that it left us in. The cost for delivery to you will not be refunded this will be deducted from your refund at the exact cost to us.

17. FAULTY / DAMAGED GOODS.

In the unlikely event that the goods received are faulty or damaged, you must notify us within 24 hours by email or telephone. Depending upon the extent of the fault / damage, you may be sent a replacement or you may be asked to return the goods in their original packaging to our address (see About Us). In the event that you are asked to return the goods, you will be offered a refund or replacement, providing there is no evidence of misuse.

18. PICTURES & IMAGES.

Pictures and images throughout this site are used for illustration purposes only, from time to time product packaging may vary slightly. Every effort is made to keep our website constantly updated.

19. WHOLESALE / TRADE PURCHASES.

The above Terms and Conditions do not apply to any Wholesale or Trade purchase.