ZOOK OFFROAD AUSTRALIA

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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
 

TERMS AND CONDITIONS 

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Zook Offroad Australia’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our”, “We”, “Zook Offroad Australia” and “zookoffroad.com.au”refers to TOIC Pty Ltd ACN: 626137184 and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENTS OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Zook Offroad Australia’s rights and obligations to each other.

 

Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

 

LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Zook Offroad Australia is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

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COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Zook Offroad Australia’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

 

PRICE 

The price payable to Zook Offroad Australia by the Buyer for the Goods will be the price agreed. Prices are payable in Australian dollars and are inclusive of taxes, and duties. Other imposts which, if changeable, are payable by the Buyer. Prices quoted in any Zook Offroad Australia pricelist are suggested prices only and may be changed by Zook Offroad Australia without notice.

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PAYMENT 

Zook Offroad Australia accepts Paypal, Bank Transfer. 

Zook Offroad Australia does not accept any liability for the processing time of a bank, Paypal or any other financial institution in transferring any monies into Zook Offroad Australia’s nominated account. 

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It is the responsibility of the Buyer to ensure that the correct BSB and account numbers are entered when the Buyer is transferring any monies into Zook Offroad Australia’s bank account. Zook Offroad Australia does not accept any responsibility or liability if a Buyer pays any monies into another account other than Zook Offroad Australia’s nominated account. Zook Offroad Australia will not proceed with any part of the Contract until it receives cleared funds. 

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DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 4 and 21 days, depending on the delivery option.Many products offered by Zook Offroad Australia are imported and we carry limited stock locally. If item is in stock locally it will be shipped out within 3 business days. If the item needs to be imported shipping time is approximately 3-4 weeks. 

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Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Zook Offroad Australia.

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Zook Offroad Australia ships small goods in 500g, 3kg and 5kg express bags by Australia Post wherever possible, larger items will be sent by Courier. Delivery Address supplied by the Buyer must be a physical address (PO Boxes are not an acceptable delivery address).

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Zook Offroad Australia will not be held responsible or accept any liability for any delays that may arise, or for any damage caused to the Goods once a shipment has left Our premises. Once the courier picks up the Goods it is then the responsibility of the freight company.

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Zook Offroad Australia offers shipping of some Goods for free. Zook Offroad Australia will pay free freight only once per order. If a problem arises with the Goods, an incorrect part is sent or a warranty or return claim is made, the Buyer must pay all freight thereafter. 

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RETURNS AND REFUNDS
Zook Offroad Australia handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Zook Offroad Australia may accept the return of some of the Goods. Should you wish to return your order, please notify us within 7 days of purchase with a legitimate reason. It is the Buyers responsibility to ensure they provide Zook Offroad Australia with all the requirements, expectations and any other relevant information to ensure the Goods supplied can be used by the Buyer as required. 

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Zook Offroad Australia does not accept responsibility or liability if the Buyer has provided incorrect information, specifications or requirements or any other relevant information including but not limited to size, make or purpose of the Goods to suit a particular type of vehicle. Zook Offroad Australia will ensure they match the product required by the customer as best they can. 

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All returns that are not the fault of Zook Offroad Australia has a 20% restocking fee. If a part, product or Goods are installed incorrectly and that incorrect installation of the part, product or Goods is the direct cause of the part, product or Goods or part of a “lift Kit” being faulty, Zook Offroad Australia will not exchange, refund or replace the part or any part that is associated to it. If the Freight/postage was also included free in the order this will also have to be paid for by the customer as well as the total cost of sending the goods back to Zook Offroad Australia. Both restocking fee and freight charge will be taken off the refund amount. If Zook Offroad Australia is at fault the Restocking fee will be waived. 

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The original copy of the invoice must be provided to Zook Offroad Australia. Zook Offroad Australia will accept returns of Goods that have been incorrectly supplied by Zook Offroad Australia, up to a maximum of 7 days from delivery date. Zook Offroad Australia must be contacted and a warranty or return form provided by Zook Offroad Australia must be completed by the Buyer for approval, prior to the Buyer returning incorrect Goods or Goods covered under a warranty. 

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If the Buyer purchased the Goods directly from Zook Offroad Australia, the Goods must be sent with a copy of the original invoice and include up to date contact details of the Buyer and the warranty/return form fully completed. Goods must be placed on a traceable freight Carrier and Zook Offroad Australia does not accept responsibility or liability for lost or damaged freight in transit and further, Zook Offroad Australia will not pay or replace lost freight. 

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The return address to send approved warranty/returned Goods purchased from Zook Offroad Australia, is 26 Collins Rd, Melton VIC 3337.

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Zook Offroad Australia will, in all instances, return the Goods, products or parts to the manufacturer to be determined by the manufacturer if a major or non-major failure of the Goods, products or parts therein has occurred. Should the manufacturer of the goods determine that a major or non-major failure of the Goods, products or parts therein has occurred, Zook Offroad Australia will repair, refund or replace the Goods, products or parts therein pursuant to its obligations under the Australian Consumer Law.

 

WARRANTY 

The Goods from Zook Offroad Australia come with the guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality. 

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Zook Offroad Australia warrants that all Goods and products it sells are free from defects in material and workmanship. Zook Offroad Australia’s obligation under this warranty is limited to repair, replacement or refund of the products, Goods, products or parts therein, depending on whether the products, Goods or parts therein have a major or non-major failure pursuant to its obligations under the Australian Consumer Law. Zook Offroad Australia is not responsible for any express or implied warranty of other vehicle parts related or non-related to the installation of Zook Offroad Australia’s product. 

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Further, the Buyer does hereby indemnify and hold Zook Offroad Australia harmless from and against any loss to the Buyer’s vehicle or parts thereof as a result of the installation of products, Goods or parts therein of Zook Offroad Australia. Zook Offroad Australia warrants to the original Buyer only for the purchase of new Goods from Zook Offroad Australia from the date of sale. 

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Zook Offroad Australia does not warrant or accept liability for the voiding of a vehicles manufacturer’s warranty or part thereof, subsequent to the fitting of Goods to the Buyer’s vehicle. Further, the Buyer agrees to indemnify and hold Zook Offroad Australia harmless from and against any loss, as a result of a vehicles manufacturer’s warranty being determined void. 

Zook Offroad Australia’s warranty coverage does not include any of the follow:

• Consumer opinions regarding ride, comfort, installation or design. 

• Parts subject to normal wear, this includes bushings, bump stops, ball joints, tie rod ends and Jonny joints; unless they are a genuine manufacturing defect. 

• Bent or dented products. 

• Finish/Coating of product once fitted to vehicle and/or after 60 days whichever comes first, finish is not covered from scratching or marking, 

• Leaf or coil springs used without proper bump stops at the correct distance. Shock Absorbers that have been used without proper bump stop adjustment. 

• Products with evident damage caused by abrasion or contact with other items. 

• Damage caused as a result of not following recommendations or requirements in the installation instructions. 

• Products used in racing. 

• Components or accessories used in conjunction with other manufacturer's systems. 

• Warranty claims without “original Proof of Purchase” Products must be original owner 

Zook Offroad Australia acknowledges that some modifications and installations of Goods, including suspension kit heights, requested by the Buyer may result in the vehicle being illegal to operate for on road use in a State or Territory of Australia. The Buyer however, acknowledges and confirms that they have been provided and undertaken their own investigations into the legality or otherwise of particular Goods, including suspension kit heights, with the relevant Transport Authority of the Buyers respective State or Territory. Further, the Buyer indemnifies and holds Zook Offroad Australia harmless from and against any loss as result of the legality or otherwise of Goods, parts or products supplied, installed or modified by Zook Offroad Australia or otherwise. 

 

Title to the Goods will not pass to the Buyer Zook Offroad Australia being paid in full under all Contracts.

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INSURANCE 

Risk in the Goods (including insurance responsibility) passes to the Buyer upon delivery of the Goods to the place or carrier designated by the Buyer or Zook Offroad Australia or, if sooner, possession of the Goods passes to the Buyer.

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Zook Offroad Australia will not under any circumstances cover any cost towards your goods being lost or damaged once the courier or freight company removes the products from our premises. If the insurance is chosen then the insurance is taken out with the carrier of the products and it is the carrier’s responsibility from that point on, Zook Offroad Australia cannot be held liable for loss of Goods once leaving our premises. 

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FORCE MAJEURE 

Despite any other term or condition of the Contract, Zook Offroad Australia will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by the Buyer or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition of the Contract where that delay or failure is caused by an act of God, fire, factory dispute, civil commotion,

intervention of a government, inability to obtain lab, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond Zook Offroad Australia’s reasonable control. 

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LINKS TO OTHER WEBSITES
Zook Offroad Australia may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Zook Offroad Australia and the owners of those websites. Zook Offroad Australia takes no responsibility for any of the content found on the linked websites.

Zook Offroad Australia’s website may contain information or advertisements provided by third parties for which Zook Offroad Australia accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

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DISCLAIMER
To the fullest extent permitted by law, Zook Offroad Australia absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Zook Offroad Australia gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

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It is your sole responsibility and not the responsibility of Zook Offroad Australia to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY
At Zook Offroad Australia, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION
Zook Offroad Australia may be required, in certain circumstances, to disclose information in good faith and where Zook Offroad Australia is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

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EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Zook Offroad Australia. Zook Offroad Australia expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Zook Offroad Australia will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Zook Offroad Australia reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website may contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Zook Offroad Australia expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

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WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Zook Offroad Australia concerning your use and access to Zook Offroad Australia’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

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EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

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ERRORS OR OMISSIONS 

Zook Offroad Australia has the right to correct any clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgment or document forming part of a Contract. 

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JURISDICTION
This agreement and this website are subject to the laws of WA and Australia. If there is a dispute between you and Zook Offroad Australia that results in litigation then you must submit to the jurisdiction of the courts of WA.