Website Terms and Conditions
In these terms and conditions, “we” “us” and “our” refers to Lucas Dumbrell Investments PTY LTD trading as LD Motorsport. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
3. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
4. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
5. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
6. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
7. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
8. Packaging and postage is an additional charge, calculated at time of purchase.
9. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
10. We undertake to accept or reject your order within 5 days. If we have not responded to you within 5 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
11. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
12. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
13. All risk of loss or damage to the goods passes to you when we despatch the goods.
14. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage.
15. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
16. When you visit our website, we give you a limited license to access and use our information for personal use.
17. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
18. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
19. The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
20. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
21. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
22. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.
23. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
24. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
25. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
26. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
27. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
a) Schedule 2 of the C&C Act; and
b) those statutory guarantees, all of which are given by us to you if you are a consumer.
28. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
c) We will repair or replace the goods or any part of them that is defective; or
d) Provide again or rectify any services or part of them that are defective; or
e) Wholly or partly recompense you if they are defective.
29. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
f) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
g) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
h) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
30. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
a) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
b) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
d) We do not participate in any way in the transactions between our users.
31. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
32. If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
33. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
34. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
35. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Online Store – Delivery
1. When will my order be shipped?
All orders are processed and shipped within 3 business days.
2. What will delivery cost me?
Our standard Postage & Handling fees start from $12.00 and $25.00 for international orders. Once you reach the checkout of our shop, you can confirm your shipping costs before you are requested to pay for the order.
3. Which Carrier/Courier do you use?
All items are sent using the Australian Post “Express Post” service. The Express Post Service has a “Guaranteed Next Day Delivery”, subject to conditions. For international orders, we use a range of different carriers.
4. Item Exchange/Return
If you wish to exchange or receive store credit for an unwanted item, this must be made within 5 working days of you receiving the item. Contact firstname.lastname@example.org to detail your request. The item must be undamaged and in its original packaging. You will also need to bear the cost of returning the product to us before the exchange/credit is issued along with the postage cost of sending the new item chosen if you have elected for an exchange.
5. How do I know when you have shipped my order?
Once your order has been dispatched from our warehouse we will email you with a notification of dispatch. This will include a unique delivery number and the shipping contractor used.
6. Do you deliver to anywhere in Australia?
Yes, we deliver around Australia to residential or business addresses. Please note we are not able to deliver to PO Boxes.
Please note that if you live in an area that is generally considered difficult to access or is poorly serviced by Australia Post and/or couriers then we may not be able to deliver to you. This is more likely if the items you order from us are very bulky. In these cases we will offer you a full refund. For example, there are some restrictions to Norfolk, Christmas or the Cocos Islands.
7. What is your policy when items are RTS (Return To Sender)?
We ship all parcels to you using one of our suite of professional couriers. Our shipping carrier is chosen based on the nature of the product, it’s weight and size and where you are located. If for whatever reason the carrier cannot get the parcel to you after a period of time (usually 2 weeks) they will return the parcel to us at our cost, which is effectively the cost to send the parcel to you plus in some cases a bit more.
If for any reason we have made an error which has resulted in us not sending the parcel to the correct address or we have nominated an incorrect service and the parcel has been returned to us, we will immediately re-ship it to you at our cost to your correct address and with the correct service. If however, the parcel has been returned to us as a result of error or inaction on your part, and we incur additional charges for the return shipment and then for shipment back out to your advised address, then we reserve the right to pass these additional charges that we incur onto you, as a condition of sending the parcel back to you.
Examples of error or inaction are if you enter an incorrect or incomplete address (including not noting a company name where delivery is to a business address) or where you do not claim the parcel for more than 2 weeks from when the delivery driver leaves a card in your mailbox notifying you of their attempted delivery.
If you opt to cancel the order if the item is returned to us then we will refund you less all shipping costs incurred, a restocking fee and our storage and handling costs, so that we are returned to a zero loss position on the order.
8. Store Credits
All store credits are only valid for a period of 6 months from the date of issue.
Online Store – Faulty Items
1. Faulty Items
All products purchased from LD Motorsport come with warranties and are fully guaranteed. There are occasionally items that do not work as intended, or get damaged in transit. In the event of this happening with an item you have received, please email our customer service team on email@example.com and give a full detailed description of the problem, as well as your Order Number. Depending on the problem our customer service team will determine how best to resolve your problem with the minimum inconvenience to you. If it is found that the item you received is faulty then we (or the originating supplier on locally sourced products) will exchange it at no cost to you. If neither LD Motorsport, nor our supplier, has any more of the product in stock, then a full refund will be provided.
2. Items damaged in transit
If you have received an item that is damaged please contact us at firstname.lastname@example.org and advise us of the nature and extent of the damage. Please also advise us of your name, contact number and order number. It is important for the purposes of our insurance claims that you take digital photos of the carton as it arrives and also of the damaged articles We will replace any items damaged in transit, at our cost, just as soon as we receive the damaged item back, or in many circumstances, as soon as we receive the photos. We apologise for any inconvenience.
3. Refunds for items damaged in transit
Once we have received your returned item or the refund has been approved according to your issue, we will then send you either notification of receipt of your item and/or an email issuing you a credit refund. The type of refund will be based on previous discussions, as to the type of problem. You will either receive a refund into your nominated bank account or a store credit in the form of a coupon, which you can then use on a future purchase. If you have not received your refund, after your approval notification, within 5 working days, please contact us at email@example.com and we will promptly investigate why it has not been issued and rectify it.
4. Return Postage Costs
If the item becomes faulty during the Dead on Arrival (DoA) period, which is within the first 14 after we dispatch it then all return shipping costs will be covered, either by LD Motorsport or a local supplier (as appropriate). During the warranty period, after the DoA period, you will need to cover the return shipping costs to LD Motorsport or to our supplier if they are managing the warranty. Should you have a change of mind and would like to either exchange the item, the return shipping will be at your cost. We recommend registering and taking transit insurance on your return postage to us as items in transit are your responsibility until received back to our warehouse.
5. Return Conditions
Items sent for return due to damage during transit must be in their original packaging. Please make sure the item is securely packaged so that it won’t incur further damage in transit back to us. NOTE – This also applies to items that are for exchange due to your choice. In these situations, complete and intact packaging is required including all tags, manuals and accessories. The product must be returned to us in AS NEW condition.
6. Store Credits
All store credits are only valid for a period of 6 months from the date of issue.