General Terms & Conditions
- These Terms and Conditions (“Terms”) form part of the contract (“Agreement”) between the entity operating this Bob Jane T-Marts store (“We” or “Us”) and the customer (“You”) that arises when: (a) You sign a Maintenance Work Order provided by Us that sets out the services We will perform; or (b) We agree to sell products to you, or when You book and/or pay for our products or services.
- You acknowledge that these Terms and the Maintenance Work Order embody the whole agreement between You and Us. You agree that the scope and terms of the Maintenance Work Order, including prices and quotes, may change as a result of updated instructions from You. By offering to buy products and/or services from Us and/or by accepting a Maintenance Work Order you agree to be bound by this Agreement. Quotation and Pricing
- Any quotation provided by Us to You for the proposed supply of products or services is: (a) only valid if in writing; (b) valid for 7 days from the date provided to You; and (c) constitutes an invitation to treat only.
- An Agreement is accepted by Us when We accept an offer from You or supply products and/or services to You.
- We have absolute discretion to refuse any offer.
- All our quotations and prices are inclusive of GST unless stated otherwise.
- We reserve the right to change a price and/or quotation upon receipt of updated instructions from you. Variations and Cancellations
- Any request by You to vary the specifications of products supplied or services rendered must be in writing, and may be refused by Us in our absolute discretion, acting reasonably.
- We reserve the right to vary the specifications of products supplied or services rendered, provided that the end performance of the vehicle is not materially prejudiced.
- Unless otherwise agreed in writing by Us, You may not cancel this Agreement (or any part of this Agreement) unless You pay to Us, any and all costs incurred by Us in relation to your cancelled Maintenance Work Order (or part thereof) up until and including the date of cancellation.
- If we are unable to supply the products or services, We may cancel your order.
- You may return a product for a refund or exchange within 14 days with proof of purchase, except where the product: (a) is discontinued; (b) is not in resalable condition; (c) is a tyre or other product that has been fitted to your vehicle; or (d) is not in its original packaging. Payment
- We reserve the right to require payment in full upon supply of the products and/or completion of the services.
- You agree to pay Us in full for all products supplied and/or services rendered prior to removing your vehicle and/or the products (as the case may be) from our premises, unless otherwise agreed by Us.
- The time for payment is of the essence.
- All payments made by You to Us in connection with this Agreement must be paid in cash, by credit card or EFTPOS. Performance and Delivery
- We agree to perform the services as set out in the Maintenance Work Order (or as amended by updated instructions provided by You).
- You authorise Us to do every act, matter or thing desirable or necessary for Us to supply You with the products or render the services under the Maintenance Work Order in respect of your vehicle, including but not limited to, entering and test driving the vehicle (including outside of our premises).
- Any date provided by Us for the supply of products or the provision of services is an estimate only. If We cannot supply products or render services by an estimated date, We will endeavour to supply products or render services within a reasonable time.
- We will not be liable for any loss or damage suffered by You or any third party for failure to supply products or render services by an estimated date.
- Unless otherwise agreed, You must collect the vehicle or any products within 7 days of being advised that the vehicle or products are ready for collection. If You fail to collect the vehicle or the products within the timeframe specified, You will be liable for any storage charges incurred by Us, payable on demand.
- If We cannot contact You using reasonable efforts, or You do not collect the vehicle within 3 months of being advised that the vehicle is ready for collection, We are entitled to sell or otherwise dispose of the vehicle by any reasonable method, at your expense and without further notice to You. Any proceeds of sale or disposal of the vehicle will be applied firstly to the outstanding sum(s) owing to Us, with the balance then remaining made payable to You. If the proceeds of sale or disposal of the vehicle are insufficient to discharge the outstanding sum(s) owing to Us, You will continue to owe the outstanding amount to Us as a debt. Title and Risk
- Legal and equitable ownership of, and title to, the products (including as part of services rendered), remains with Us until You have paid Us for the products and/or services in full. Until such payment is made, You acknowledge that the products are held by You as bailee for Us and that a fiduciary relationship exists between You and Us in relation to the products.
- If You sell, transfer or otherwise dispose of the products (“Re-supply”) to any person before ownership of, and title to, the products passes to You, whether or not with our consent, You hold the proceeds of the Re-supply on trust for Us and will pay the proceeds the Re-Supply to Us upon receipt.
- Risk in the products (including as part of services rendered) passes to You immediately upon removal of the products by You or an authorised third party from our premises. Lien
- You acknowledge that We have a lien over all products in our possession belonging to You, including your vehicle and all products in or attached to your vehicle, to secure payment of any or all amounts outstanding from time to time. 27. You agree that We may exercise, at our discretion, the Lien in respect of any due and unpaid amounts outstanding by You and may retain your vehicle and serve notice on You requiring immediate payment of the amounts outstanding by You. Liability and Disclaimers
- To the maximum extent permitted by law, We expressly exclude all guarantees, warranties, undertakings, or representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms.
- Certain State and Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth), imply warranties or conditions or impose guarantees or obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms do not purport to exclude any statutory rights available to You and must in all cases be read subject to those statutory provisions. To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to: (a) in the case of services rendered or offered by Us, either: (i) the re-supply of those services; or (ii) the payment of the cost of having those services re-rendered; and (b) in the case of products supplied or offered by Us, either: (i) the replacement of the products or the supply of equivalent products; (ii) the repair of the products; (iii) the payment of the cost of having the products replaced; or (iv) the payment of the cost of having the products repaired.
- We will not be liable to You or any third party in respect of any claim for injury, death, loss or damage to any person or property caused by or arising out of the use of products supplied by Us, or out of any services rendered by Us, whether arising in contract, tort (including negligence) or statute, except to the extent that liability is imposed upon Us or implied into a transaction by this Agreement or by any statutory provisions that cannot otherwise be excluded by this Agreement.
- We take no responsibility for, nor will be liable in any case for any claim arising from, the presence of pre-existing damage to your vehicle.
- We will not be liable in any case for loss of, or damage to, any vehicle or articles alleged to have been left with Us by You or alleged to have been left in your vehicle, however such loss or damage was caused.
- Without limiting any other provision in these Terms, to the extent permitted by Law, in no event will our liability exceed the amount of the price paid by You for the relevant products and/or services. Claims
- In the event of any purported damage or claim arising in respect of the products supplied or services rendered in accordance with this Agreement, We reserve the right to inspect your Vehicle and/or the products subject of the damage, to check, test and appraise the purported damage in order to verify your claim.
- Notwithstanding any other rights available to You or Us, whether arising by statute or otherwise, We reserve the right to obtain no less than three (3) quotes, from whom We may determine in our absolute discretion, to determine the quantum of any replacement or repair work required to rectify any purported damage or claim.
- You agree that our obtaining of a quote in accordance with condition 35 does not constitute an admission of liability or fault on the part of Us. Warranties and Indemnity
- You acknowledge that driving an unregistered vehicle is illegal and you warrant that your vehicle is registered in accordance with the State/Territory legislative and regulatory requirements applicable to your vehicle. You agree to take all necessary steps to notify Us if your vehicle is not registered.
- Where you have not notified Us that your vehicle is unregistered, You agree to indemnify Us for any fines or penalties incurred, and loss or damage caused, to any person or property when We are driving or otherwise operating your vehicle.
- You will have personal liability for, and hereby irrevocably indemnify and covenant to hold Us harmless from and against any and all losses that may be suffered by Us and which arise directly or indirectly: (a) in relation to Us properly carrying out our obligations in accordance with this Agreement; and (b) in connection with any breach of this Agreement by You.
- Each indemnity contained in these Terms is an additional, separate, independent and continuing obligation that survives the termination of this Agreement despite any settlement of account or other occurrence and remains in full force and effect until all money owing, contingently or otherwise, under the relevant indemnity has been paid in full and no one indemnity limits the generality of any other indemnity. Privacy
- We collect your personal information in order to supply You with products and services and for internal administration and operational purposes, market and customer satisfaction research and in order to comply with legislative and regulatory requirements. If You do not provide your personal information, We may not be able to supply You with products and services.
- We, and our agents, may use your personal information and disclose it related bodies corporate and third parties in order to inform You about products and services, special offers and discounts provided by Us, our related bodies corporate and third parties that may be of interest to You.
- If at any time you wish to withdraw your consent to any one or more of the above purposes, would like to access your personal information, please contact Us.
- If a provision in this Agreement is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from this Agreement for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of this Agreement.
- No failure, delay, relaxation or indulgence by Us in exercising any power or right conferred upon Us under this Agreement will operate as a waiver of that power or right. No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under this Agreement.
- These Terms may be amended from time to time by Us, without further notice to You.
- These Terms are governed and interpreted according to the laws of Victoria and You consent and submit to the jurisdiction of the Courts of Victoria.
Additional E-Commerce Terms & Conditions (where applicable)
These are the terms and conditions (Terms and Conditions) governing the use of bobjane.com.au (also referred to as the Site). Please read these Terms and Conditions carefully before using this Site. By using the Site, you agree to the Terms and Conditions.
These Terms and Conditions apply to all Users of the Site unless the Terms and Conditions specify otherwise. The Terms and Conditions published at the time of your use of the Site shall apply to you.
Tyre Me Pty Ltd reserves all rights to alter these Terms and Conditions as set out below from time to time and at its discretion. Each time you use the Site, you should be aware of our current Terms and Conditions.
To use this Site you must first read and agree to the Terms and Conditions as set out below. If you do not agree to the Terms and Conditions as set out below, please leave the Site now.
1.1 Tyre Me Pty Ltd (ABN 26 623 236 573) (also referred to as ‘we’ or ‘our’ or ‘us’ 1.2 Definitions: When we refer to ‘us’, or ‘our’ or ‘we’ or similar, we are referring to Tyre Me Pty Ltd (ABN 26 623 236 573). When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a User of this Site.
Other defined terms and their meanings are:
‘Australian Law’ means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;
‘Backorder’ means an order for a Product that is temporarily out of stock;
‘Business Day’ means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Australia.
’Cancellation’ Tyre Me reserves the right to cancel, at any time before acceptance and for whatever reason, an Order that it has received and deposit paid. Where goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being received, Tyre Me may reject the order and subsequently contact the customer to confirm the correct description, price or image before proceeding with the order. An order is not accepted by Tyre Me until it has been processed correctly and where an order is not accepted then any deposit paid will be refunded.
‘Intellectual Property Rights’ means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:
(a) graphics programming codes, drawings, computer programs, website
(b) business names, company names, product names;
(c) any right to have information kept confidential;
(d) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;
(e) phone numbers, fax numbers, email addresses, directory listings; and
(f) Twitter, Facebook, Skype, LinkedIn, Viber, Instagram, and other social media contact points.
‘Loss’ includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring;
‘Product’ means a good or service advertised by us on the www.bobjane.com.au website;
‘Site’ means the internet site at the domain bobjane.com.au as configured and described as such by us from time to time or any other internet site operated by us from time to time;
‘Users’ means anyone using the Site for any purpose
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions.
2. ALL USERS
Intellectual Property Rights
2.2 The Site is the property of Tyre Me Pty Ltd and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced, or copied in any way.
Currency and Prices
3.1 All transactions are shown Australian dollars (AUD).
3.2 All Our Prices include GST and any other applicable taxes (which will be charged at the current rate as shown on the website). Unless stated on the website, all prices include fitting and balance at the store.
3.3 We reserve the right to correct and or update information without prior notice. However, if the wrong price has been shown on a product you already have ordered, we will contact you and obtain your prior approval before accepting your order and processing your order at the correct price.
3.4 All orders are subject to availability and confirmation of the order price. All images on the Site are for illustrative purposes only and actual products may vary from illustrations.
3.5 The Vendor will not be liable to the Purchaser for any reduction in the Vendor’s advertised price for Goods & Services during the time period between acceptance of an order and completion of delivery.
You may request amendments to these Terms and Conditions
3.6 Nothing in these Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Terms and Conditions in their particular case or for a particular transaction. Such requests will be considered by us on a case by case basis and should be sent in writing via mail 471 Williamstown Road Port Melbourne, VIC 3207 or email to firstname.lastname@example.org. These Terms and Conditions will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of Tyre Me Pty Ltd and expressly identified as an amendment of these Terms and Conditions.
Governing Law and Jurisdiction
3.7 The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. Overseas Users
3.8 The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk. Australian Consumer Law
3.9 To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms and Conditions.
3.10 To the extent permitted by Australian law, we disclaim all warranties, representations, and conditions, express or implied, with regard to any information, software or Products including but not limited to:
- merchantable quality;
- durability and fitness for a particular purpose;
- legal title; and
- non-infringement of Intellectual Property Rights.
3.11 To the extent permitted by Australian law, Tyre Me Pty Ltd or its suppliers are not liable for any Loss suffered by a User in respect of Products advertised on the Site. Deposits and Cancellation Policy
3.12 A Deposit can be cancelled by you within the 12-week period however a cancellation fee equal to 10% of the total purchase price is payable. NOTE – if you have placed a ‘special order’ or your cancellation leads to higher expenses, then we reserve the right to charge you a higher fee for cancellation of an order if your cancellation has led to the Bob Jane T-Marts incurring higher costs than 10% of the total purchase price.
3.13 If a customer is unreachable for a month or more since the tyres have been delivered to the Fitting Station, the customer is forfeiting the tyres and may not be subject to a refund.
3.14 You agree that if any dispute arises concerning an order (including any question of identity or authority) our internal records shall be conclusive evidence of what was ordered.
3.15 If after you have ordered the goods to be delivered for fitting at a store and we cannot make contact with you for a month or more after the delivery date, you accept that your goods may be forfeited, and you may not be subject to a refund.
3.16 We will not be liable for any product damages unless you notify us with a claim stating full details and description within 10 days of delivery otherwise you are deemed to have accepted the goods. If your claim is accepted by us, we may elect at our option to replace the goods or refund the price of the goods to you.
3.17 We are unable to accept claims or goods that are not in its original condition, are used, are special orders where we have specifically imported or ordered for you, or good that are no longer stocked by us.
3.18 Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
Risk & Liability
3.19 All reasonable care will be taken while compiling the Site’s content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.
3.20 We endeavour to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
3.21 By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release Tyre Me Pty Ltd, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.
4.1 By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. All images on the Site are for illustrative purposes only and actual products may vary from illustrations. Despite all reasonable precautions taken by us, goods may be listed in print, on this website or on printed labels at an incorrect price, with an incorrect description or with incorrect information due to a typographical error, a digital error or other oversight. In these circumstances, we are not obliged to provide the goods at the incorrect price, notwithstanding that your order has been confirmed and your credit card charged and reserves the right to cancel the transaction. We reserve this right up until the time of delivery or fitment of the goods. All products shown are subject to supply availability.
4.2 You must be over 18 years of age to order products from the Site and have an acceptable means of payment. When placing an order, you warrant that all details provided are accurate. The price of products may vary, and it is your responsibility to be satisfied with all charges before you confirm payment for any order.
4.3 All purchases are final, but we reserve the right not to accept any order or to cancel an order and refund your payment. Refunds make take up to 7 business days to be completed and will be repaid by the same means as the original purchase sum was paid unless notified otherwise.
4.5 You use the Site at your own risk, and we take no responsibility if your account with us is hacked or compromised due to a failure or absence of anti-virus software or accidental visit to malware sites by you. We regularly update our anti-virus software, and we are secured with industry standard security protection but we cannot guarantee the security of any online communications.
4.6 You agree to indemnify, defend and hold harmless Bob Jane T-Marts and its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Site or your breach of these terms.