TERMS AND CONDITIONS FOR GOODS SOLD BY CITY BUS & TRUCK CENTRE FROM CBTC.COM.AU
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and City Bus & Truck Centre and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from cbtc.com.au. By placing an order for Goods from City Bus & Truck Centre you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
1. DEFINITIONS
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“International Delivery Charges” has the meaning given in Section 3.5;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Website” means cbtc.com.au
2. YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that City Bus & Truck Centre represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions 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 Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. PRICING & TAXES
3.1 Prices for Goods are as shown on the Website.
3.2 City Bus & Truck Centre reserves the right to change the prices of Goods at any time without notice to you. In the event that a product is incorrectly priced, it is up to City Bus and Truck Centre in its sole discrection to decide whether to honour the incorrect price.
3.3 In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply City Bus & Truck Centre will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, City Bus & Truck Centre will cancel your Order. City Bus & Truck Centre will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
3.5 If City Bus & Truck Centre agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart. You will also be responsible for any foreign taxes or duties that apply including, without limitation, any customers or import duties.
3.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
3.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
4. YOUR ACCOUNT
4.1 If you do not already have an Account you will need to create one before placing an Order.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to City Bus & Truck Centre that all information provided by you in relation to your Account is complete, true and accurate
4.4 You must notify City Bus & Truck Centre immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), City Bus & Truck Centre will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify City Bus & Truck Centre, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If City Bus & Truck Centre suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify City Bus & Truck Centre then you must pay City Bus & Truck Centre the amount of that loss, damage, cost or expense if City Bus & Truck Centre asks you to.
5. ORDERS
5.1 You can place an Order by following the instructions on the relevant City Bus & Truck Centre website.
5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. City Bus & Truck Centre may accept or reject your offer in its absolute discretion. In particular, but without limitation, City Bus & Truck Centre may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact sales@cbtc.com.au
5.3 Each Order that you place will, if accepted by City Bus & Truck Centre, be a separate and binding agreement between you and City Bus & Truck Centre with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing City Bus & Truck Centre with their personal information and, by placing an Order, you confirm to City Bus & Truck Centre that you have done this.
When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to City Bus & Truck Centre that all information provided by you in relation to each Order is complete, true and accurate.
5.6 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by City Bus & Truck Centre. City Bus & Truck Centre will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), City Bus & Truck Centre will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by City Bus & Truck Centre, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. City Bus & Truck Centre cannot consolidate separate Orders into one delivery.
5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the Goods are of different types (e.g a mixture of parts and accessories). Please note that for some parts & accessories, Delivery Charges, Additional Delivery Charges and International Delivery Charges are weight based and consequently you will be required to pay a separate Delivery Charge and any applicable Additional Delivery Charge and International Delivery Charge for each of the Goods ordered, regardless of whether they are delivered to you separately or in one delivery.
5.10 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.11 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.12 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), City Bus & Truck Centre will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.10 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
6.1 When you submit an Order you will receive an Order reference number via e-mail.
6.2 City Bus & Truck Centre will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by City Bus & Truck Centre when City Bus & Truck Centre does this, however City Bus & Truck Centre may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that City Bus & Truck Centre cancels your Order having already processed payment, it will refund payment in accordance with Sections 12.1 - 12.2.
6.3 When City Bus & Truck Centre accepts an Order it represents an agreement by City Bus & Truck Centre to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.4 You must pay for Goods by credit card (Visa, Mastercard or American Express), certain prepaid payment cards, PayPal account or by City Bus & Truck Centre Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, City Bus & Truck Centre may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise City Bus & Truck Centre to deduct the price and the applicable delivery charge(s) from such card.
6.5 City Bus & Truck Centre reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.6 City Bus & Truck Centre may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, your Order will be placed on hold and City Bus & Truck Centre will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with City Bus & Truck Centre’s requests within the timescale specified, City Bus & Truck Centre may cancel your Order.
6.7 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. CANCELLATION OF ORDERS
7.1 City Bus & Truck Centre reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. City Bus & Truck Centre may do this for example, but without limitation, where:
(a) City Bus & Truck Centre’s suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond City Bus & Truck Centre’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that City Bus & Truck Centre is unable to supply the Goods within a reasonable time;
(c) 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 accepted;
(d) you ask City Bus & Truck Centre to cancel your Order in accordance with section 5.8; or
(e) in the circumstances set out in Section 3.4;
7.2 You may cancel your Order where City Bus & Truck Centre:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
7.3 Where City Bus & Truck Centre cancels your Order after acceptance it will send you an e-mail notifying you of cancellation..
7.4 In the event of City Bus & Truck Centre or you cancelling your Order after payment has been processed, City Bus & Truck Centre will refund any money paid in respect of that Order. Section 12 of these Terms and Conditions sets out further information about refunds.
7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, City Bus & Truck Centre will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. AVAILABILITY OF GOODS/TAKE OFF STOCK
8.1 As City Bus & Truck Centre is dependent upon its Suppliers to provide stock, City Bus & Truck Centre cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. City Bus & Truck Centre reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), City Bus & Truck Centre will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.2 Goods that are shown on the Website as “Take Off” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Take Off Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.
9. DELIVERY
9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will generally only be delivered to addresses within Australia. City Bus & Truck Centre is unable to deliver to certain parts of Australia and where this is the case the Website will reject your Order. City Bus & Truck Centre may, in its absolute discretion, agree to accept Orders for products for delivery outside Australia but is under no obligation to do so.
9.3 Where requested, City Bus & Truck Centre will deliver to PO Boxes in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box and you have input a PO Box as the delivery address when placing your Order, City Bus & Truck Centre will call you to arrange an alternative delivery address
9.4 Following dispatch of your Goods, City Bus & Truck Centre will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address City Bus & Truck Centre may charge you a reasonable fee for doing this.
9.7 City Bus & Truck Centre aims to have the Goods dispatched to you within 5 business days (some goods will be dispatched significantly quicker than this). Special Order Goods will need to be ordered from the supplier. The time that it takes to source such Goods will vary significantly from 1 week to 12 weeks. City Bus & Truck Centre will contact you in respect of the expected delivery date or you can contact City Bus & Truck Centre before placing your Order for further information.
10. PICK-UP OF GOODS IN STORE
10.1 Many Goods can be picked up from a City Bus & Truck Centre store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.
10.2 Only the relevant City Bus & Truck Centre Account holder may pick-up in-store Goods ordered on that Account.
10.3 When picking up Goods in store:
(a) you must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that you are the purchaser. If requested, you must allow City Bus & Truck Centre to take a copy of this identification for fraud prevention purposes. The copy will not be used by City Bus & Truck Centre for any other purpose or disclosed to any person outside of City Bus & Truck Centre;
(b) store staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;
(c) you will also need to bring the email that City Bus & Truck Centre has sent to you confirming that the stock is available for pick-up; and
(d) store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event, City Bus & Truck Centre will contact the person who placed the Order using the contact details provided.
11. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
11.1 You agree and acknowledge that:
(a) City Bus & Truck Centre does not guarantee the delivery or availability of Goods within the timeframes set out in Section 9.7 or 10.3 above or otherwise specified by City Bus & Truck Centre or any of its staff;
(b) events outside City Bus & Truck Centre’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
(c) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither City Bus & Truck Centre nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. REFUNDS OF YOUR MONEY
12.1 Where City Bus & Truck Centre is obliged to refund your payment pursuant to these Terms and Conditions, City Bus & Truck Centre aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
12.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), City Bus & Truck Centre will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
13. RETURNS/FAULTY OR DAMAGED GOODS
13.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact City Bus & Truck Centre on www.cbtc.com.au/Contact-Us/ as soon as possible.
13.2 If you have a problem with any Goods or otherwise wish to return them please refer to Section 13.3 which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any City Bus & Truck Centre store, you can also contact us on www.cbtc.com.au/Contact-Us/.
13.3 When returning Goods:
(a) please provide City Bus & Truck Centre with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as brackets, bolts, fasteners etc) supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
13.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
14. MORE INFORMATION ABOUT CITY BUS & TRUCK CENTRE LIABILITY TO YOU
14.1 To the full extent permitted at law, City Bus & Truck Centre is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
15. PRIVACY
15.1 City Bus & Truck Centre policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy.
16. WEBSITE TERMS
16.1 Your use of the Website is governed by the Terms of Use.
17. GENERAL
17.1 City Bus & Truck Centre reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
17.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
17.3 These Terms and Conditions are governed by the laws of Victoria, Australia.