2. Product Information
We endeavour to ensure that Product descriptions and specifications on the Site are accurate. However, Product descriptions and specifications on the site are based on information provided by manufacturers and suppliers, and we do not guarantee that the Site is accurate or free from errors or omissions. We reserve the right to make any necessary corrections.
- (a) Products are generally noted on the Site as being available, having limited availability or being out of stock. Products which are out of stock can be added to your wish list, or you can ask us to notify you when the Product becomes available.
- (b) While Product availability information is updated at frequent intervals, we sell high volumes of stock and cannot guarantee availability. If your Order contains a Product is not available for immediate dispatch, we will contact you to advise you and give you the option of:
- (i) Cancelling your Order, or deleting that Product from the Order, in which case we will refund you for the price you paid for the cancelled Product/s, and refund or adjust for any difference in delivery charges (if applicable); or
- (ii) Placing that Product on back order (if available), in which case we will dispatch the Product to you when it becomes available (generally within 3 business days).You must pay in full for the Product before we will place it on back order. We may however elect to cancel the back order for a Product if the Product becomes unavailable permanently or for an extended period, in which case we will refund you for the price and any delivery charges you paid for the Product, and any refunds will be issued within 5 business days, using the same method as your original payment.
We display images of each Product on the Site, some of which have been provided by manufacturers or suppliers. These images are for illustrative purposes only and do not form part of the description of the Product. The images are not of the actual unit of Product that will be dispatched to you. There may be minor differences in packaging on some Products. Please be aware that colours appear differently on different monitors.
- (a) You acknowledge that despite our reasonable precautions, Product/s may be listed at an incorrect price, or with incorrect availability or other information, due to typographical errors or oversight. In such circumstances, we reserve the right to cancel your Order, even if your Order has been paid for and previously accepted by us. We will contact you as soon as possible and immediately issue a full refund for any payment you have made for the cancelled Order. We reserve this right up until we deliver the Product. Refunds will be issued within 5 business days, using the same method as your original payment.
- (b) We may run discount offers or sales from time to time, but no additional discounts apply to any Products which are listed as 'Clearance Items'.
2.5 Please check before fitting a part
- (a) We strongly recommend that vehicle parts be fitted by suitably qualified professionals. Many Products are shipped without fitment instructions as they are intended for fitment by qualified professionals.
- (b) Laws and regulations differ in various jurisdictions, and we do not warrant that any Product is legal for use in your jurisdiction, or safe for use with your vehicle. You are responsible for ensuring that your use of the Product is appropriate and compatible with your vehicle or other equipment, and complies with all applicable laws and regulations in your jurisdiction.
2.6 Vehicle Fitment
- (a) The Site offers a Make/Model/Engine filter search tool to assist you in finding compatible products based on you providing the specifications of a vehicle. This is to be used as a guide only and we reccommend using manufacturer OEM numbers mentioned in the cross reference In creating the search tool, we have relied on manufacturer supplied specifications and do not independently verify compatibility. To ensure best results, we strongly recommend that you:
- (i) Check each Product/Part upon receipt to confirm you received the Product/Part you ordered. If you are unsure about the Product/Part you received contact us before fitting it. Any labour costs or damage caused will not be reimbursed for attempting to fit incorrect parts, see 2.6(h). Contact us immediately if you have any queries; and
- (ii) Double check compatibility and all relevant measurements before beginning any mechanical work involving the Product (including preparing or dismantling any part of the vehicle).
- (b) If you find you have purchased the wrong Product for your vehicle, please contact us as soon as possible and we will try to identify and source the correct part for you.
- (c) We will accept returns of Products within 30 days of purchase, but only if they are returned with all components complete, undamaged and in resalable condition, with proof of purchase, subject to clauses 2.6(d), 2.6(e), 2.6(f), 2.6(g) and 7. If you return a Product under this clause, we will (after verifying that the returned Product meets return requirements):
- (i) Replace the original Product with the correct Product for your vehicle (if available), and adjust for any price difference; or
- (ii) Give you a full refund if no replacement Product is available, or if you opt for a refund (excluding delivery cost). You may be required to pay an additional amount if the replacement Product is more expensive than the original Product purchased, or you can choose to opt for a refund (excluding delivery cost). Refunds will be issued within 6 business days using the same method as your original payment.
- (d) If you attempt to return a Product under clause 2.6(c) that is not returned with all components complete, undamaged, in resalable condition and with proof of purchase, you will not be entitled to a refund or replacement. We may refuse to accept the return, and make it available for pickup, or require that you pay for delivery costs before we ship the Product back to you. We reserve the right to dispose of the item if you have not either pick up the item or pay for delivery costs within 15 business days.
- (e) If you purchased an incompatible Product due to our staff reccommendation (after cross referencing the part using your VIN and vehicle specifics), then we will cover all delivery costs for the return of the original Product (A prepaid Australia Post label will be provided for the return of the product). This return procedure is applicable to Australian and New Zealand customers only. Delivery costs for replacement Product(s) if applicable under clause 2.6(c)(i) is also covered. This doesn't apply if you used your own judgement and chose the incorrect part without our consultation.
- (f) If you agreed to purchase on the website after manually reviewing all applicable product description and notes, warnings, vehicle fitment, product and part details, then if the delivered part(s) do not match due to inaccurate OEM cross-reference, Fitment notes, vehicle fitment, product or part details, then we will cover the cost for the return of the original Product (A prepaid Australia Post label will be provided for the return of the product). This return procedure is applicable to Australian and New Zealand customers only.
- (g) For all returns, if clause 2.6(d) does not apply you will be liable for all return costs including the delivery service and a restocking fee of minimum 20%.
- (h) Other than as set out in this clause, we are not liable for any costs incurred as a result of Product incompatibility, including mechanic's fees, cost of additional parts or supplies, or repairs or damage to any vehicle.
3. Registering as a user
3.1 Setting up a registered user account
You may set up a registered user profile at any time, free of charge. Becoming a registered user means that you can access additional functionality on the Site, such as storing your contact details, and details of multiple vehicles, to make it faster to find and purchase parts. By registering as a user, you:
- (a) Agree to keep your Site login id and password confidential and secure, and not disclose it to anyone;
- (b) Warrant that your Profile:
- (i) Is true and submitted in good faith; and
- (ii) Is your own and not that of another person or business;
- (c) if registering on behalf of a company, you represent and warrant that you are authorised to bind that company to these terms;
3.2 Managing your registered user account
- (a) You can manage your account preferences by logging into your account on the Site.
- (b) If you subscribe to our mailing list, we may send you information and special offers from our store and affiliates. You can unsubscribe at any time.
3.3 Registered user account cancellations
- (a) You may cancel your registered user account at any time for any reason, by emailing us at firstname.lastname@example.org. Please allow up to 4 business days for us to process your deregistration request.
- (b) We reserve the right to cancel your registered user account at any time for any reason.
- (c) If a registered user account is cancelled for any reason, any personal information associated with that registered user account will be deleted. However, we may retain user data in de-identified form for statistical reporting purposes.
4. Your Rights and Obligations
- (a) You agree to:
- (i) Comply with this agreement; and
- (iii) Use the Site in good faith.
- (b) You warrant that the information you have supplied to us is correct and current, and that you are over 18 years of age.
- (c) You must complete payment online at the time of ordering.
- (d) You must not scrape information from the Site for commercial purposes without our written consent.
5.1 Placing an order
- (a) The display of any items or promotions on the Site is an advertisement or offer to treat and not an offer. By placing an order (order), you are making an offer to buy subject to this agreement.
- (b) Your order is accepted by us when we process your payment, which results in a binding contract between you and us. You will receive e-mails confirming that each Product in your Order has been paid for and dispatched (Confirmation of Payment and Dispatch).
5.2 Delivery standards
- (a) All Products are dispatched from our warehouse or from our suppliers (who are generally within Australia), and sent via various delivery services.
- (b) Orders being delivered to countries other than Australia may be subject to customs regulations or additional taxes such as import duty. We strongly recommend you check local laws carefully before ordering as you may be liable for additional costs or delays.
- (c) We will endeavour to dispatch all Orders within one business day where possible, once we have confirmed receipt of payment. However, all dispatch times and delivery times are estimates only. We are not liable for late delivery or mis-delivery caused by factors outside our control.
- (d) Items may be delivered to you in more than one shipment where they are fulfilled from different locations or directly from our suppliers.
- (e) You may grant us or the delivery service an 'authority to leave' when placing your Order. If you do, you agree that this authority to leave gives the delivery services we use permission to leave the Products unattended at the delivery address without obtaining a signature confirming delivery. Delivery is then deemed to be completed, and the Products are at your sole risk. Please note that despite having an authority to leave, our delivery service may at its discretion decide that it is not safe or appropriate to leave the Products unattended.
- (f) We may not be able to deliver to some locations, and some Products are limited in delivery locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
- (g) We will not process your Order where:
- (i) You have supplied invalid payment or delivery details; or
- (ii) Payment is delayed or rejected.
- (h) If you supply incorrect payment or delivery details, we:
However, we will not be held responsible for not fulfilling your Order, nor for being unable to advise you that this is the case.
- (i) Reserve the right to change or alter an address to the closest matching address on AusPost or Postal databases; or
- (ii) May take reasonable steps to contact you using the personal details you have provided.
- (i) If a Product is returned to us marked 'Return to Sender' because you have supplied us with an incorrect address, or you have failed to collect the Product in a timely manner after being provided with a delivery slip, then:
- (i) We will contact you to arrange for redelivery; and
- (ii) We may require payment of applicable delivery costs before attempting redelivery.
5.3 Loss or damage in transit
- (a) You should check the Product carefully for damage before signing the delivery docket. Once you have accepted delivery of the Product as being undamaged, you may not be able to make a claim for loss or damage in transit.
- (b) To make a claim for loss or damage in transit you must email us at email@example.com as soon as you become aware that the Product may have been damaged or lost in transit. You will be asked to provide evidence of the damage (eg photos). We will ask our delivery service to investigate any lost items, and their records are prima facie evidence of delivery status.
- (c) You authorise us to complete any forms or take any action necessary for lodging a claim with the relevant delivery service or insurance company to make a claim for compensation for loss or damage in transit.
- (d) Once we have verified that the Product has been lost or damaged in transit, we may at our sole discretion:
- (i) Send you a replacement Product, at our cost; or
- (ii) Refund you for the price you paid for the Product, plus delivery costs. Refunds will be issued within 5 business days, using the same method as your original payment.
- (e) You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments. We will not accept any claim for loss or damage in transit where the Product has been damaged by your own actions in opening the Product.
5.4 Cancelling an order
- (a) To cancel an order you must call us immediately on +61 7 3265 6228. Please note that while we monitor emails, we cannot always attend immediately to emails. We cannot cancel orders once the Product has been dispatched.
- (b) If you cancel an Order under this clause, we will issue a full refund of any payment you made for the Order, using the same method as your original payment, within 5 business days.
5.5 Technical support
If for any reason you are unable to complete your purchase successfully, please contact our technical support at firstname.lastname@example.org.
- (a) Unless otherwise noted, the prices stated on the Site are in Australian dollars and are inclusive of GST (where payable). Delivery charges are separately calculated and will be displayed prior to payment being required.
- (b) You must pay all and any quarantine expenses, import duties, levies or import, sales, transaction, use, excise, gross receipts, value added, property or other taxes, fines or duties of any kind applicable to the Product. These charges may be separately levied on you by the applicable authority.
- (c) You are solely liable for any additional costs or penalties incurred as a result of late payment, or storage, abandonment, disposal or other fees, fines or expenses incurred as result of your delay in picking up a Product from a depot or delivery centre after receiving a delivery slip.
- (d) We will not consider any order accepted, and will not dispatch any Product, without receiving payment in full.
- (e) You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
- (f) If your payment is dishonoured or reversed for any reason, you must immediately make the payment again. We reserve the right to delay processing your order or delivering the Product until we receive full payment.
- If your payment is dishonoured or reversed for any reason after the Product has been delivered, then without prejudice to any other right or remedy, we may recover the price of the Product together with any other expenses we have incurred, from you as a liquidated debt in a court of tribunal of competent jurisdiction irrespective of any claim that you may have against us for any thing or matter related to the Product.
7. Returns, Exchange and Refund Policy
You can contact us to return any Product within 30 days of purchase, subject to clause 2.6(c).
7.2 Faulty Products
- (a) You can return a Product to us if it's faulty, incorrectly described, not of acceptable quality or unsafe.
- (b) If you return an item to us due to anything under clause 7.1, we may choose between an exchange, repair or refund.
- (c) To request an exchange, repair or refund, please call us or email us at email@example.com. We reserve our right to refuse your request if:
- (i) The Product has been thrown away, destroyed, lost, or damaged through no fault of ours;
- (ii) The Product has been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions;
- (iii) The Product has been involved in any accident or damage caused by an incorrect attempt at modification or repair;
- (iv) The Product has been dealt with or used contrary to our or the manufacturer's OEM cross reference or description / instructions for the Product;
- (v) The Product has deteriorated through normal wear and tear; or
- (vi) Too much time has passed, where time runs from the date of supply until the fault or problem would reasonably be expected to appear.
- (d) Refunds will be issued within 10-14 business days, using the same method as your original payment.
8. Intellectual Property Rights
The material on the Site is protected under Australian and international copyright and other laws governing protection of Intellectual Property rights. Intellectual Property rights in images, trademarks and other content on the Site are owned by their respective owners. You must not deal with the material on the Site in any way which infringes on the content owner's Intellectual Property rights without separate written permission from the content owner.
9. Limitation of Liability and Indemnity
- (a) We warrant that the Products are fit for their usual purpose, are merchantable and meet any description we have provided. All other conditions, warranties and representations, except those which are non-excludable in law, are excluded.
- (b) You warrant that you have exercised your own judgement as to the suitability of the Product for your purposes.
- (c) Where applicable, we warrant the Products with a range of warranties pending individual product ranges and manufacturers. These warranty ranges may include but are not limited to: Time periods such as 6 months/25,000km. Manufacturers warranty details may change or vary over time, see website, purchase details or packing for warranty information.
- (d)The Warranty becomes null and void in the case of incorrect utilization, disregard of the instructions, or ignoring OEM Cross-references. Warranty does not cover Off Road, Racing, Commercial or Taxi use of vehicles.
- (e) Warranty does not cover any related installation, re-installation or damages and cost involved.
- (f) Transport costs are refundable only in the case where warranty has been duly recognized and accepted by Febest Auto Parts. These costs will be limited to the actual shipment costs between Febest Auto Parts Warehouse and the client's delivery address.
9.2 Responsibility for Own Actions
You agree to release and hold harmless, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:
- (a) Your own negligence or malpractice, or reckless or intentional misconduct, and
- (b) Your own failure to perform your obligations and responsibilities under this agreement.
- (c) Any modification or misuse of any Product by you or anyone acting on your behalf;
- (d) Any acts or omissions of anyone whom you allowed to access the Site using your login id and password, whether deliberately or otherwise;
- (e) Your breach of your warranties or obligations under this agreement; or
- (f) Any reasonable legal expenses we incur as a result of your breach of this agreement, including expenses for enforcing payment, on a solicitor and own-client basis.
9.3 Limitation of Liability
- (a) In performing any obligation under this agreement, our only duty is to exercise reasonable care and skill.
- (b) To the fullest extent allowable at law:
- (i) We only accept liability to you as set out in this clause 9, or as required by consumer or other laws which cannot be excluded by contract;
- (iii) Our liability, and liability of our Indemnified Officers under this agreement is limited to (at our election):
- (A) Replacing the Product with the same or equivalent Product; or
- (B) Repairing the Product; or
- (C) A refund of the amount you paid us for the Product.
- (iv) We are not liable for any loss or damage, whether direct or indirect, arising from faulty design or manufacture of the Product, other than for Products we have manufactured;
- (v) We are not liable for Consequential Loss in relation to any Product, however arising;
- (vi) We hold the title in the Product and will bear the risk of any damage to or theft or loss of Product during transport to the delivery address. Title and risk in the Product passes to you on delivery. We are not liable for any loss, theft or damage to the Product after delivery;
- (vii) We will not be liable if you have failed to follow instructions for use of the Product, modified the Product or used the Product for an unintended purpose;
- (viii) We are not liable to you for errors in the information you provide to us; and
- (ix) We are not liable for default or failure in performance of our obligations under this agreement resulting directly or indirectly from the actions of suppliers, delivery services or any other circumstances caused by factors beyond our reasonable control, whether or not caused through any act or inaction by us, our employees, agents or independent contractors, or through any other cause.
- (x) Despite any other provision to the contrary, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not in any circumstances exceed a sum equal to the greater of:
- (A) $100; or
- (B) The price of the Product in dispute.
- (c) The limitation of liability under clause 9.3(b)(x) has effect in relation both to any Liability expressly provided for under this agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this agreement.
10.1 Enduring clauses
The parties' rights and obligations under clauses 2.5, 7, 8, 9 and 10.2 will survive the termination of this agreement for whatever reason.
The laws of Queensland, Australia apply to this agreement and the parties submit exclusively to the courts of that jurisdiction.
If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.
Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.
10.5 Entire Agreement
This agreement and your order contain the entire agreement between the parties and supersedes all previous negotiations or agreements in relation to the subject matter of this agreement.
11. Definitions and Interpretation
In this agreement:
- (a) Australian Consumer Law means Schedule 2 of Competition and Consumer Act 2010 (Cth).
- (b) Business Day means a day (other than a Saturday or Sunday) upon which banks are ordinarily open for business in Melbourne, Victoria, Australia.
- (c) Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to this agreement or third party.
- (d) Consequential Loss includes, without limitation:
- (i) Loss of data or unauthorised disclosure of data;
- (ii) Loss of opportunity, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, loss of revenue, and all other pure economic loss; and
- (iii) Disappointment, distress, stress, and inconvenience.
- (e) Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
- (f) Intellectual Property means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licences, and includes the right to register any intellectual property rights.
- (g) Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
- (h) Product means an item available for purchase on the Site.
- (i) Site means the website which may be accessed at febest.com.au or any subdomain variation.
- (j) Non-generic fitment products means the products that due to their nature can be used or adapted to a great number of vehicles. These products display the label of Generic Products in the website.
- (k) Fitment notes and warnings means one or more displayed statements or queries that require a full manual review by the customer to confirm if the product will fit prior to proceeding with an agreement to purchase. In this case, agreement to purchase places the responsibility of accurate fitment onto the customer/purchaser under clause 2.6(f).
- (l) Fitment products means products that may fit subject to customer/purchaser manual review and confirmation of accuracy prior to purchase under clause 2.6(f).
- (m) Redelivery means the reattempted movement of your parcel(s) from an Online Auto Parts warehouse or 3rd party premises to the destination provided at time of ordering. Redelivery may incur additional delivery costs subject to clause 5.2(i).
- (n) Prepaid Australia Post label means the label that needs to be attached to the parcel so that it can be returned back to Online Auto Parts. Costs of delivery to return the product(s) is fully covered by Online Auto Parts subject to clauses 2.6(d), (e) and (f).
- (o) VIN Lookup means searching the chassis number or frame number with Original equipment manufacturers to determine correct OEM cross reference part numbers and relevant schematics available in order to accurately determine correct part fitment
Nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.