VMR TRUCK PARTS TRADING TERMS AND CONDITIONS
This Website is operated by Volvo Group Australia Pty Ltd (ABN 27 000 761 259) t/as VMR Truck Parts ("VMR Truck Parts"), and includes without limitation our related bodies corporate, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees. Throughout the Site, the terms “we”, “us” and “our” refer to VMR Truck Parts. VMR Truck Parts offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing, using or visiting our Website and/ or purchasing something from us, you engage in our “Service” (also referred to as the "Website") and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Neto.
SECTION 1 - STORE TERMS
By agreeing to these Terms of Service and using our Service, you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your right to use our Service.
All prices include GST.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse access to our Service to anyone for any reason at any time and in our absolute discretion.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, individual requirements, or that any errors in the Service will be corrected. It is your responsibility to ensure that the products, services, information, or other material purchased or obtained are sufficient and suitable for your purposes and meet your individual requirements.
Nothing in this section is intended to exclude any of your statutory rights as a consumer under the Australian Consumer Law.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).
We are not obliged to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall VMR Truck Parts, our parent, subsidiaries, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
VMR Truck Parts does not warrant the security of any information transmitted by you or to you through the Website and you accept the risk that any information transmitted or received through the Website may be accessed by unauthorised third parties. Transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
VMR Truck Parts total liability in no circumstances shall exceed (1) in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; (2) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
SECTION 14 - INDEMNITY
You acknowledge and agree that you shall have no claim against VMR Truck Parts and that VMR Truck Parts shall not be liable to you for any loss, damage, claim or demand suffered by you as a result of, or in connection with:
(a) any claim arising out of or in connection with the purchase, delivery and condition of products, services, information, or other material purchased or obtained through the Service; or
(b) any claims brought against you by any third party which arises out of or in connection with the products, services, information, or other material purchased or obtained through the Service.
You agree to indemnify, defend and hold harmless VMR Truck Parts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any loss, damage, claim or demand, including all legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – FORCE MAJEURE
VMR Truck Parts shall not be liable to you or be deemed to be in breach of these Terms of Service by reason of any delay or failure in performing any of its obligations under these Terms of Service, if such delay or failure was due to a Force Majeure Event.
A “Force Majeure Event” means any event or circumstance the occurrence and the effect of which VMR Truck Parts could not reasonably prevent or avoid, including but not limited to:
- acts of God;
- outbreak of hostilities, riot, civil disturbance, acts of terrorism;
- the act of any government or authority (including refusal or revocation of any licence or consent);
- fire, explosion or flood;
- general power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles;
- shortage of raw materials and utilities of any kind; and
- theft, malicious damage, strike, lock-out or industrial action of any kind.
SECTION 21 - DELIVERY
VMR Truck Parts aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but VMR Truck Parts cannot guarantee any firm delivery dates.
VMR Truck Parts will try to let you know if it expects to be unable to meet the estimated delivery date, but, to the extent permitted by law, it will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery
You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by VMR Truck Parts. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then VMR Truck Parts may (without affecting any other right or remedy available it) do either or both of the following:
- charge you for the reasonable storage fee and other costs reasonably incurred by VMR Truck
- no longer make the product available for delivery or collection and notify you that VMR Truck Parts are cancelling the applicable product order, in which case we will refund to you or your credit or debit card company as applicable any money paid to VMR Truck Parts, less any reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
Please note that it might not be possible for VMR Truck Parts to deliver to some locations. If this is the case, you will be informed at the contact details that you provided when you made your order and VMR Truck Parts will arrange for cancellation of the order or delivery to an alternative delivery address.
Unless otherwise specified, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, VMR Truck Parts will not be liable for loss or destruction of the product.
SECTION 22 - CANCELLATION
Cancellation of an order must be made in accordance with the VMR Truck Parts Returns Policy located at [www.vmtruckparts.com.au/returnspolicy].
SECTION 23 - COOKIES
When you view this Website, we may store some information on your computer in the form of a “cookie”. Cookies are used by many web sites to give visitors access to certain functions. The information stored in the cookie can also be used to monitor a user’s behavior on the Website.
There are two types of cookies: the first saves a file for an extended period on your computer and is used to determine whether there has been any contact between us and your computer in the past. The second type is called a ‘session cookie’, and is stored temporarily in your computer’s memory while you are visiting the Website. Session cookies are not stored in your browser for an extended period, but are deleted when you close your browser.
Unless particularly stated elsewhere, cookies are never used by VMR Truck Parts with the aim to gather personal data.
SECTION 24 – INTELLECTUAL PROPERTY
The intellectual property rights in the Service, Website and the products are owned, licensed to or controlled by VMR Truck Parts or its third party product or service providers. VMR Truck Parts enforces its intellectual property rights to the fullest extent of the law.
No part or parts of the Website or any products may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of VMR Truck Parts or other copyright owners. Permission may only be granted for personal, non-commercial uses, provided that you do not modify, and that you retain all copyright and other proprietary notices contained in the Website or products.
You also may not, without our prior written permission, insert a hyperlink to the Website on any other Website or webpage or “mirror” the Website or products on any other server.
The trade marks are registered and unregistered trade marks of VMR Truck Parts and others. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade marks displayed on the Website, without the prior written permission of VMR Truck Parts or any other applicable trade mark owner. The name of VMR Truck Parts may not be used in any way without the prior written permission of VMR Truck Parts. VMR Truck Parts prohibits the use of the trade marks, the name of VMR Truck Parts, or any other trade mark owned by VMR Truck Parts as a metatag or as a “hot link" to any VMR Truck Parts Website or any other Website unless written approval for the establishment of such a link has been obtained from VMR Truck Parts in advance.
SECTION 25 - NO WARRANTIES OR REPRESENTATIONS
INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS”. IN NO EVENT WILL VMR TRUCK PARTS BE LIABLE TO ANY PARTY OR FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VMR Truck Parts makes no warranties and/or representations whatsoever about any other Website, which you may access through this Website. The provision of links to such sites does not mean that VMR Truck Parts endorses or accepts any responsibility for the contents or the use of such Website. In addition, it is up to you to take precautions and to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Information on this Website may contain technical inaccuracies or typographical errors.
The information contained on this Website may be changed at any time without prior notification or obligation.
Information that is published on the Website may contain references or cross references to VMR Truck Parts’ products, services etc. that are not announced or available in your region or country. The accuracy of such information cannot be guaranteed, particularly since this information is subject to change, specific requirements or availability and such references do not imply that VMR Truck Parts intends to announce such products, services etc. in your region or country.
SECTION 26 - CONTACT INFORMATION
All notices, demands or other communication required or permitted to be given or made to VMR Truck Parts shall be by email at the Address outlined hereunder (or to such other email address as VMR Truck Parts may from time to time notify you).
In the event that you have any questions about the terms and conditions in these Terms, or you believe in good faith that the Service infringes your copyrights, please contact VMR Truck Parts at the Address.