Product Purchase Terms
Trojan Classic Motorcycles
1. Acceptance of Terms
1.1 This agreement (Product Purchase Terms) sets out the terms that govern the ordering and purchase of products from Trojan Classic Motorcycles Pty Ltd ACN 121 667 721 (Trojan, we, us) via our website (www.trojanclassics.com) (Website).
1.3 By placing an order for a product on the Website, you warrant that you are at least 18 years old and have legal capacity to enter into this agreement.
2. Pricing and product details
2.1 We endeavour to ensure specifications are correct but we rely on specifications provided by manufacturers. We do not warrant or represent that the Website is accurate or free from errors or omissions and we reserve the right to make any necessary corrections. It is your responsibility to verify that the product you have selected is suitable for your intended purposes.
2.2 Images of products displayed on the Website are intended as a guide and do not form part of the description of the product. There may be differences between the image of the product displayed on our Website and the product dispatched to you, including differences in colour and packaging.
2.3 We provide general information regarding vehicle fitment and compatibility for the purpose of assisting you to find compatible products (ie make, model, year and vehicle specifications). We have relied on specifications supplied by manufacturers in providing this information and do not independently verify compatibility. We strongly recommend that you:
(a) have vehicle parts fitted by suitably qualified professionals. Many products are shipped without fitment instructions as they are intended for fitment by qualified professionals;
(b) refer to the correct factory parts book for your vehicle model and year to locate the part number for the product you are ordering from the Website. We are not responsible for any errors in factory part books, or any subsequent issues that arise from these errors;
(c) check each product upon receipt to confirm you have the correct product for your vehicle; and
(d) double check compatibility and all relevant measurements before beginning any mechanical work involving the product (ie dismantling or preparing any part of the vehicle.
2.4 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 you are purchasing is appropriate and compatible with your vehicle or other equipment, and complies with all applicable laws and regulations in your jurisdiction.
2.5 We will endeavour to supply all items publicised on the Website and to remove items that becomes unavailable. However, we cannot guarantee availability.
2.6 Where a product you order is unavailable, or if we incorrectly price or describe a product and you make an order, we will notify you and give you the opportunity to cancel your order with a full refund, or you can elect to put the product on backorder if we are out of stock.
Placing an order
2.7 When you make an order via the Website, you are offering to enter into an agreement to purchase the relevant products set out in your order. You must pay for the products in full, including any applicable delivery costs, at the time of making the order.
2.8 We will send you an email confirming the details of your order and your order number shortly after you place your order. Your offer to purchase our product is accepted by us when we process your payment. You will receive emails confirming that the product has been paid for and dispatched.
2.9 We may cancel an order prior to dispatch at our discretion, in which case we provide you with a full refund. We will notify you if we need to cancel your order.
2.10 We use third party couriers to deliver the products you order. We will endeavour to dispatch all orders within 3 Business Days of your payment being processed. However, we are not liable for late delivery or non-delivery, or for any loss, damage or delay arising from late or non-delivery.
2.11 We may not be able to deliver some products to some locations. If this is the case, we will inform you using the contact details that you provide to us and arrange for cancellation of the order, or delivery to an alternative delivery address.
2.12 Deliveries made outside of 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.
2.13 Your order will not be dispatched where we are unable to process your payment, or the deliver to the address you provide. In the event that you supply incorrect payment or delivery details we:
(a) will take all reasonable steps to contact you using the contact details you have provided. In the event that your supplied contact details are incorrect, we will not be responsible for fulfilling your order; and
(b) reserve the right to cancel your order after 14 days, return the product back into stock for resale and charge you a fixed returns administration fee of $25.00 per order and a restocking fee of 10% of the value of the goods.
2.14 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, then:
(a) we will contact you to arrange for redelivery; and
(b) we will require payment of applicable freight costs before attempting redelivery.
Loss or damage in transit
2.15 Please check the package carefully for damage before signing the delivery docket. Once you have accepted delivery of the product, we generally will not accept a claim for loss or damage in transit.
2.16 Please contact us as soon as you become aware the product may have been damaged or lost in transit (preferably within 7 days). You will be asked to provide evidence of the damage, including photos. We will then make enquiries with the relevant courier and take necessary steps to resolve the issue.
2.17 You authorise us to complete any forms or take any action necessary for lodging a claim with the relevant carrier or insurance company to make a claim for compensation for damage in transit.
2.18 Subject to the remedies you may have under Australian Consumer Law, once we have verified that the product has been lost or damaged in transit, we may (at our sole discretion):
(a) send you a replacement product, at our cost; or
(b) refund you for the price you paid for the product, plus freight costs. Refunds will be issued within 5 Business Days, using the same method as your original payment.
2.19 Please take care when opening the packaging so as not to damage the product, particularly when using any sharp instruments. We will not accept any claim for damage in transit where the product has been damaged by you.
Modifying or cancelling an order
2.20 We generally cannot modify or cancel orders after the order has been paid. If you cancel an order prior to us processing the order, we may be able to arrange for a refund less any applicable administration or restock fees. Merchant transaction fees will not be refunded.
2.21 We reserve the right to charge an administration fee of $25.00 for any cancellation. If we are required to restock the product, an additional restock free of 10% of the value of the product will be charged.
3.1 The prices stated on the Website are in Australian dollars (unless otherwise stated) and are inclusive of GST (where payable) and exclude delivery charges. Any delivery charges will be displayed prior to payment being required.
3.2 You must pay all and any import duties, levies or imports or any goods and services tax, sales, transaction, use, excise, gross receipts, value added, property or other taxes or duties of any kind applicable to the product.
3.3 We will not consider any order accepted, and will not dispatch any product, without receiving payment in full.
3.4 You acknowledge that products may be listed at an incorrect price, or with incorrect availability or other information, due to errors or oversight. If this occurs, we reserve the right to cancel your order, even if that your order has been paid in full. We will contact you and issue a full refund for any payment made by you prior to cancellation of the order. This right is reserved up until we deliver the product. Refund will be issued within 5 Business Days, using the same method as your original payment.
3.5 We may run discount offers or sales from time to time, but no additional discounts apply to any products listed as 'clearance items'.
3.6 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.
3.7 If your payment is dishonoured or reversed for any reason after it has been submitted but before the product has been dispatched, you must immediately make the payment again. We reserve the right to delay processing your order or dispatching the product until we receive full payment.
3.8 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.
4. Returns, Exchange and Repair Policy
Refunds, returns and repairs
4.1 If you believe you have received the wrong product, or a defective product, please let us know and return the product within 14 days of delivery.
4.2 Subject to the remedies you may have under Australian Consumer Law, if you return a faulty, defective or incorrect product, we will offer one of the following (at our discretion):
(a) to replace the product or defective component;
(b) to repair the defect; or
(c) to refund the price paid for the product.
4.3 We reserve the right to inspect the returned product before determining whether a replacement, repair or refund is offered.
4.4 Subject to your rights under Australian Consumer Law, we may refuse your request for an exchange or refund if:
(a) the product has been thrown away, destroyed, lost, misused, or damaged through no fault of Trojan;
(b) the product has been dealt with (including repaired) or used contrary to the manufacturer's instructions or specification we provided you with;
(c) the product has been attached to or incorporated into any real or personal property and can’t be detached or isolated without damaging the product;
(d) the product is not returned with all components complete, undamaged and in a resalable condition with proof of purchase;
(e) the product has deteriorated through normal wear and tear; or
(f) more than a reasonable time has passed from when the product was delivered.
4.5 We will pay the postage costs for returning products where there is a valid claim that a product was faulty or defective.
Change of mind
4.6 We may, at our sole discretion, provide a refund or exchange for change of mind if the product is returned with all components complete (including packaging and instructions), undamaged and in resalable condition with proof of purchase. Before returning goods, you will need to contact us first to request a Return Merchandise Authorization (RMA) number. Return postage will not be refunded and additional postage costs will apply to send exchange goods to you. RMA requests will only be processed for change of mind if they are made within 30 days of receipt of your order. Due to matters relating to safety and the intrinsic nature of the goods, change of mind returns will not be accepted for electrical goods, bearings, tyres and tubes.
4.7 A return administration fee of $25.00 and a restocking fee of 10% of the value of the goods being returned will apply when you return a product. Merchant transaction fees will not be refunded.
4.8 If you purchased an incompatible product because the part number on the product description on the Website was incorrect, we will cover all freight costs for the return of the original product and shipping costs of the replacement product.
Australian Consumer Law and our liability
4.9 Nothing in these Product Purchase Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
4.10 Subject to clause 4.9, and to the maximum extent permitted by law:
(a) we exclude any term, condition, warranty, representation, guarantee or undertaking that may otherwise be implied into this agreement by legislation, common law, equity, trade, custom or usage; and
(b) our maximum aggregate liability to you if we breach these Product Purchase Terms or for our negligence is limited to the total amount you have paid us for the product to which your claim relates.
5. Definitions and Interpretation
(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 Sydney, NSW, Australia.
(c) Website means the website which may be accessed at www.trojanclasics.com.
5.2 The following rules of interpretation apply unless the context requires otherwise:
(a) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;
(b) a reference to these Product Purchase Terms or another document includes any variation, novation, replacement or supplement to any of them from time to time;
(c) a reference to a right or obligation of two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally;
(d) a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing;
(e) specifying anything in these Product Purchase Terms after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary;
(f) 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.
If you have any queries regarding these Product Purchase Terms, please contact us.