1. Site terms and conditions of use

1.1 Introduction

1. Welcome to our website and thank you for shopping with us. Please read these terms and conditions before accessing, using, or placing an order through the website at www.fullthrottlepowersports.com.au (a Site) where you can browse and purchase items sold by Full Throttle Power Sports Australia.
2. The Site is operated by:
3. Full Throttle Power Sports Australia (ABN 35303493034)
4. Full Throttle Power Sports Australia are collectively or individually referred to as Full Throttle Power Sports , us, our or we in these terms and conditions as the context provides.
5. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

1.2 Your agreement to the terms and conditions

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 govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

1.3 Registration and use of your account

1. You may not have more than one active account, and your account is non-transferable which includes any store credits or e-Gift vouchers. You may update, edit or terminate your account at any time through the Site.
2. It is your responsibility to ensure that, if you use a workplace email for your account or to access the Site, that you comply with any rules, policies or protocols that apply to the use of your work email address and your workplace facilities.

1.4 Your obligations

1. You:
   1. must ensure that your password for the Site and the details of your account are kept in a safe and secure manner;
   2. must notify us if you are or become aware that there is or has been an unauthorized use of your account, or any other security breach relating to your account;
   3. must promptly advise us of any changes to your shipping or contact information, or update your information through your online account on the Site;
   4. are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
   5. are responsible and liable for any person that uses your password and account to order product(s) through the Site;
   6. agree that we may charge you for all Products that we agree to supply to you that have been ordered through the Site; and
   7. should check the labels and information on the Products before attempting fitment and ensure all items received are correct.
2. You must not:
   1. use the Site in any illegal way including for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
   2. use the Site in a manner or way, which interferes with other users or our other customers or harasses, threatens, defames, offends or menaces any person or which prevents any other person from using or enjoying the Site including obscene, indecent or pornographic material;
   3. make fraudulent enquiries, purchases or requests through the Site, including providing the wrong information or misusing data;
   4. use another person’s details without their permission or impersonate another person when using the Site;
   5. hinder or tamper with the operation of the Site; including knowingly transmitting any viruses, defects, trojan horses, worms or similar disabling or malicious code to the Site;
   6. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
   7. modify, adapt, translate or reverse engineer any portion of the Site including remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
   8. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
   1. use the Site other than in accordance with these terms and conditions; or
   10. attempt any of the above acts or engage or permit or encourage another person to do any of the above acts.

1.5 Warranties

You warrant that:

1. all information and data provided including shipping and contact information by you to us through the Site or otherwise is true, accurate, complete and up to date, or you agree to contact us immediately if you notice an error so that we can update your order
2. the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
3. you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.

1.6 Suspension of account

1. 1. 1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner.Full Throttle Power Sports also reserves the right to cancel Orders in accordance with clauses 3.11 and 4.7.
      2. You may stop using the Site at any time and for any reason.
      3. While we will avoid to do so, we may stop making the Site (or any part of it) available without prior notice. However, any Orders that we have been placed prior will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for the order.
      4. If we lock, suspend or delete your account under this clause 1.6, then we will refund all credits that you are entitled to receive under these terms and conditions back via the original payment method.

1.7 Links on the Site

The Site may contain links to external websites that are not operated by us and that we have no control over. These links are provided for your convenience only so that we can provide as much product information as possible, and you agree that:

1. we do not represent or warrant, or have any control, responsibility or liability for those websites; and
2. these links do not indicate that we endorse the site or the products or services that those sites provide.

You agree that you will access and use any products and/or services made available at those sites solely at your own risk.

1.8 Accuracy of information on the Site

Full Throttle Power Sports attempts to be as accurate as possible and uses its best endeavors to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.

1.9 Safety and refusal or cancellation of Orders or delivery

1. We are committed to ensuring the safety and protection of our staff and our delivery partner drivers. As such, we may:
   1. refuse to accept your Order/s and as such cancel them;
   2. or any such other action we deem may be necessary where we can reasonably suspect that:
2. you (or someone using your account details or present at the Delivery Address) have:
   1. verbally assaulted any of our staff either instore, online or over the phone, or any of our delivery partners;
   2. physically assaulted or attempted to physically assault any of our staff or delivery partners;
   3. engaged in any inappropriate, threatening or offensive behavior including damage or attempt to damage any of our property or delivery partners’ property including vehicles;
   4. engaged in any fraudulent or potentially criminal behaviour;
3. Where we do cancel your order(s) from any of the above, we will endeavour to notify you within a reasonable time thereafter, however, you agree that such notification (and absence of such notification) does not affect our rights detailed in this clause 1.9.

2. Ordering and purchasing Products generally

2.1 Ordering Products

1. 1. 1. You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
      2. Any Order placed through this Site for any product(s) is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at checkout at the time you place the Order. By finalising the order and entering your payment method, you agree to pay the price as displayed during checkout.
      3. We may contact you to ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
      4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.

2.2 Fees and charges

1. You agree to pay, the following fees and charges in relation to an Order that you place through the Site which is accepted (as applicable):
   1. the purchase price of each Product that is ordered;
   2. the delivery fee provided to you during checkout at the time you selected the relevant delivery;
   3. any other fees and charges set out in these terms and conditions.
2. All fees and charges identified in these terms and conditions and all prices for the products include GST where applicable.
3. The purchase price of each product in the item listing at the time you place your Order, and will be visible in your cart once added to your cart.
4. We reserve the right to amend, at any time, the Delivery Fees.
5. You acknowledge that:
   1. We are not required or obliged to match any prices for any products, including matching any prices for a product that is available through the Site on clearance while regular stock is not;
6. Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once your Order has been accepted, no changes will be made to the prices that apply to the products in that Order.
7. If a product that you have ordered is not available then:
   1. we will provide you with a refund within 1-2 business days of notifying you, to your original payment method to the value of the Product(s) that were not supplied to you. Where your Order was paid for by two or more different payment methods, we will first process your refund onto your nominated debit or credit card up to the value that was paid for by debit or credit card and if the refund amount exceeds the amount paid by debit credit card, we will provide the remainder of the refund to the alternative payment methods used.

2.3 Payment methods

1. You must pay the fees and charges online using the online payment methods in clause 2.4(b).
2. We accept the following payment methods:
   1. Visa and Visa Debit;
   2. MasterCard and MasterCard Debit;
   3. American Express;
   4. PayPal;
   5. Afterpay; and
   6. zipPay
3. You authorise Full Throttle Power Sports to debit the amount that is payable for an accepted Order from your nominated payment method.
4. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means including by making a purchase without an account holders’ consent through any payment method.

2.4 Invoices

1. 1. 1. If you purchase multiple items in one order, you will receive one initial invoice with all applicable charges including the cost of individual items and delivery fees where applicable. If the order is then split, you will be provided with separate invoices for each dispatch or backordered items.
      2. Invoices and order status can be viewed and downloaded from the ‘My Invoices’ section of your online Full Throttle Power Sports account.

2.5 Fraud and risk assessment

We have processes and systems in place to assist in detecting transactions that may be fraudulent, illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order and refund the order via the original payment method. If you are unsure whether the person contacting you is from Full Throttle Power Sports, please contact our Customer Service Team on 07 3216 2251 or via live chat on our website during contact hours or by emailing ftpowersports24@gmail.com

3. Full Throttle Power Sports Orders

3.1 Acceptance or rejection of an Full Throttle Power Sports Order

1. 1. 1. 1. We reserve the right to accept or reject and cancel your Order for any reason, including but not limited to if the requested product is not available, if there is an error in the price or the product description posted on the Site or an error in your Order or we believe the order may be in breach of these terms and conditions.
         2. Every Order placed for through the Site that we accept will result in a separate binding agreement between you and us for the supply of that Product. For each Order accepted by us, we will supply each Product in that Order to you in accordance with these terms and conditions.
         3. If we reject a Order placed through the Site, then we will endeavor to notify you of the cancellation within a reasonable time after you submit that Order, and provide a refund for the item(s) or order within 1-2 business days of you being notified via the original payment method.

3.2 Backorders/Unavailable items or Items not on our website

1. An item may be unexpectedly out of stock when it displaced as in stock when you ordered the item. Please note we do take steps to avoid this happening including regular stock updates, however unfortunately at times the stock count may be inaccurate despite our best efforts. If this is the case and the item has:
   1. an ETA from our supplier, we will email you within a reasonable timeframe with the option to wait for the backorder item to arrive, or cancel your order for a store credit or a refund.
   2. no ETA, we will notify you via email that order has been cancelled and put into the refund process. If you do not wish for a refund, you can contact us by calling 07 3216 2251 during business hours, contacting us on live chat or by emailing ftpowersports24@gmail.com and advise us of the item you are wanting to swap to or to nominate a store credit instead.
2. Items listed on our website may be showing as currently unavailable or backorder may be available. We suggest you contact us by calling 07 3216 2251 during business hours, contacting us on live chat or by emailing ftpowersports24@gmail.com to see if we have an estimate time of arrival (ETA) prior to ordering one of these items to avoid disappointment
3. ETAs are an estimate, shipments can be delayed due to a variety of reasons outside our control and our suppliers’ control but we aim to have any backorders dispatched from shipments within 1-2 business days of the shipment arriving.
4. We will not accept an order for an item that we do not have an ETA.
5. If you wish to place an Order that differs from our ordering requirements, or of an item that is not on our website, you will need to contact our Customer Service Team by calling 07 3216 2251 during business hours, contacting us on live chat or by emailing ftpowersports24@gmail.com and we can look into if this is an option for you. We reserve the right to agree or refuse to an Order that differs from our usual requirements on each occasion in our sole and absolute discretion.

3.3 Risk and title

Where we deliver orders:

1. 1. 1. 1. risk in the products passes to you on the date and time of delivery as advised by our delivery partner;
         2. for Orders collected in person using the pick-up method, risk in the products passes to you on the date and time of collection from our store; and
         3. title to the products passes to you on the later of the date and time of:
         4. payment for those products;
         5. delivery of those products to the nominated Delivery Address; and
         6. for Orders opted for Pick Up only, collection of those products our store.

3.4 Cancellation of Orders

1. We may cancel any Order or item(s) from an Order (including any Orders that have been accepted) without any liability to you for that cancellation at any time if:
   1. the product(s) requested in that Order are not available; or
   2. there is an error in the price or the product description/listing, including fitment information posted on the Site in relation to the relevant Product(s) in that Order; or
   3. that Order has been placed in breach of these terms and conditions.
2. If an Order is cancelled in accordance with:
   1. clause 3.11(a)(i) or 3.11(a)(ii) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee or any other fees and charges, will be refunded via your original payment method.
   2. if your Order is cancelled under clause 3.11(a)(iii), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. If we have taken payment for the Order at the checkout then we will refund the full amount paid, including any Delivery Fee, and any other fees and charges, to your original payment method.
3. Except for Special Orders, you may cancel an Order (whether it is accepted by us or not):
   1. by contacting our Customer Service Team by calling 07 3216 2251 during business hours, contacting us on live chat or by emailing ftpowersports24@gmail.com.
   2. In this instance, if you cancel an Order that has been accepted by us, please contact us immediately on calling 07 3216 2251 during business hours or contacting us on live chat immediately so we can see if we can cancel the order for you. We cannot cancel an order after it has been dispatched and is in the hands of the Delivery Partner.
4. Subject to clauses 3.5(a) – 3.5(d), if you cancel a Order or an item from an order, we will refund the full payment amount paid, including any Delivery Fee and any other fees to your original payment method.

3.5 Amending your Order

1. You can amend your Order at any time prior to:
   1. The order being placed into the Pack Que – once an item is in the pack que, we cannot guarantee that we will be able to stop the order prior to the warehouse team dispatching the order. At any stage you wish to make changes to your order, please contact us immediately as orders can be dispatched as early as the day the order was placed.

 

2. If you amend an existing Order, then:
   1. subject to below clause 3.12(b)(ix), if original Order is more than the amended order, we will charge you the additional amount owing at the time of your amended Order;
   2. if your amended order total is less in respect of your original Order, we can either leave the remaining balance as a store credit or we can refund the balance, which will be refunded within 1-2 business days back via the original payment option.

3.6 Refunds

1. Refunds may be provided for a variety of reasons including product(s) cancellations, order cancellations and some returns (see full returns policy). Refunds will only be processed back via your original payment method within 1-2 days of you being notified by us, or within 1-2 days of you requesting one.
2. A remittance will be emailed to you when your refund is processed.
3. if you have not received your refund, human error may have occurred. Please contact us by emailing ftpowersports24@gmail.com, contacting us through our Live Chat option or call us on 07 3216 2251 during business hours and we can request our Accounts Team to double check your refund has been processed, or confirm if it has been processed.
4. Refunds can take time to process depending on the method used. We have no control over the length of time the refund takes to finalised once we have processed it. Generally, payment methods take this long to finalise:
   1.  Visa/Mastercard/American Express usually show within your account within 3 business days, but some banks can take around 10 business days to finalise in your account
   2. PayPal usually show within your account within 3 business days, but refunds can take around 10 business days to finalise through your PayPal account
   3. Afterpay usually finalise the refund within 1-2 business days of being processed. Any moneys paid to Afterpay is usually refunded back to you, and any outstanding balance cancelled.
   4. ZipPay usually finalise the refund within 1-2 business days of being processed. Any moneys paid to zipPay is usually refunded back to you, and any outstanding balance cancelled.
5. if a refund has been processed and it has been longer than the above timeframes, please contact us and we will provide proof the refund has been processed which you can take to your bank or the company to investigate for you.

 

4. e-Gift Vouchers

1. e-Gift vouchers are not physical and will instead be sent to the recipient’s email address that you specify during the checkout. If you wish to print the voucher to give to your loved one, please place your own email as the recipient.
2. e-Gift vouchers are non-refundable for change of mind reason.
3. e-Gift vouchers cannot be exchanged for cash.
4. e-Gift vouchers do not have an expiry date
5. You are solely responsible for any information you include in the gift message of e-Gift vouchers. Please note that it is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for ensuring that no e-Gift Message you transmit to the Site violates any copyright or trademark right, and that it complies with these terms and conditions. Before completing an e-Gift voucher order on this Site, you should ensure that such e-Gift Message Data is not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading an e-Gift Message Data to this Site:
   1. you grant us royalty free and non-exclusive licence to display, use, adapt, transmit, transfer, copy and store the e-Gift Message solely in connection with providing products and/or services to you; and you represent and warrant to that the e-Gift Message is in the public domain; or that you have all right, title and interest in and to all copyrights in the e-Gift Message, or that you have the express permission to copy and use such e-Gift Message for all purposes related to the products you order through this Site. You further represent that the e-Gift Message a does not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
      1. You may not upload to this Site any e-Gift Message that:
         1. infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party; or
         2. is unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof.
      2. The content of the Gift Message Data you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks and obscenity). We have no obligation to monitor the e-Gift Message. However, we reserve the right at all times to review the e-Gift Message or to disclose the e-Gift Message as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law-to-law enforcement authorities, and to remove the e-Gift Message from being included in our sole judgement and discretion, objectionable or in violation of these terms and conditions. We shall not be obliged to justify any decision when removing any e-Gift Message from being included in an Order.

5. General

5.1 Liability

1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
   1. to a refund for the unused portion, or to compensation for its reduced value.
2. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified within a reasonable time.
3. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Full Throttle Power Sports liabilities under those provisions:
   1. you acknowledge that each Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
      1. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
      2. We will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
      3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

5.2 Intellectual property rights

1. You:
   1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Materials), are owned by or licensed to us;
   2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
   3. must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
2. You may:
   1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
   2. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
3. This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including Everyday Market Partners or our suppliers) without obtaining the relevant third-party owner’s consent.

5.3 Changes to these terms and conditions

1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
   1. If you have an Order that has been accepted by us, the terms and conditions that will apply to the relevant Order are the terms and conditions that are applied at the time you place your Order.

5.4 Severability

If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

5.5 Jurisdiction 

The laws of Queensland, Australia, govern this agreement. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions, and this clause does not apply to any claim you may have under the Australian Consumer Law.

 

6. Definitions

Capitalized terms used in these terms and conditions have the meanings set out below:

Contact Hours means Customer Service Team operating hours, Monday to Friday 8:30am to 5pm Australian Eastern Daylight Time.

Delivery Address means the address (or collection location) specified by you for the delivery of Products that we will supply to you under these terms and conditions.

Delivery Fee has the meaning given in clause 2.3(a)(iv).

ETA means estimated time of arrival for backordered items

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

Materials is defined in clause 5.2(a)(i).

Order means any order for a Product or Products submitted using the Site and includes phone orders.

Pick Up is defined in clause 3.7(a).

Product means each good or service that is advertised for purchase by you on the Site.

Site is defined in clause 1.1(a).