DMR Clutch – Terms and Conditions
This agreement is a contract between you, the customer, and DMR Clutch Pty Ltd (ACN – 169 758 552). It sets out the conditions under which you may purchase Goods online from DMR Clutch at the Website or by purchasing the Goods online via eBay. By using the Website or by buying from DMR Clutch on eBay, then you are bound by this agreement. Your access to, and use of, the Website is subject to these terms and conditions as they may be amended or varied by DMR Clutch Pty Ltd in its sole discretion from time to time.
1. INTERPRETATION
In these conditions:
Delivery Address means the address to which the Goods are to be delivered as stated by you on the order.
Delivery Fee means the fee payable to DMR Clutch in respect of delivery of the Goods and handling costs associated with processing your order, as advised by DMR Clutch from time to time.
Front Door means the front door or a point beyond which entry into the interior of the building occurs
Goods means goods or product offered for sale by DMR Clutch on the Website or on eBay and as described in an Order, and include the packaging.
Intellectual Property Rights means all rights in respect of copyright, trademarks, patents, designs and confidential information, whether arising under statute or otherwise.
Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Materials means the copyright in the Website or a catalogue or listing on eBay, the software, design, text and graphics comprised in the Website, the selection and layout of the Website and the content and materials on the Website and any Intellectual Property Rights residing in the Website.
Order means an order to purchase Goods from DMR Clutch on or through the Website and an order to purchase Goods from DMR Clutch on or through eBay.
Purchase Price means the price of the Goods as shown on the Product List as the purchase price applicable at the time you view it on the Website, and as may be amended from time to time, and the price for which the Goods may be listed by DMR Clutch on eBay.
Product List means the list of Goods displayed on the Website, as amended from time to time, or as may be listed on eBay from time to time.
Website means www.dmrclutch.co.uk
2. THE AGREEMENT
2.1 By ordering the Goods through or by the Website or eBay, you agree to bound by, and comply with, these terms and conditions.
2.2 These terms and conditions are to take precedence over any terms and conditions set by eBay and that may bind either one of the parties. Where there is an inconsistency between these terms and conditions and any policy set by eBay, then these terms and conditions are preferred.
3. CUSTOMER DETAILS
3.1. You must provide DMR Clutch with your name and the Delivery Address at the time you place an Order for Goods with DMR Clutch. You warrant that all information and data provided by you is accurate, complete and up to date. You must promptly inform DMR Clutch if there is a change to this information or data.
3.2. In order to purchase Goods from DMR Clutch, the Delivery Address which you nominate must be within an area where DMR Clutch provides delivery. Orders for delivery to locations (whether suburbs, states or countries) that are not in the DMR Clutch delivery area may not be processed. DMR Clutch Pty Ltd will advise you if the Delivery Address which you nominate ceases to be in an area where DMR Clutch delivers Goods.
4. ORDERS, DELIVERY AND COLLECTION OF GOODS
4.1. You may order Goods by either selecting:
submitting your Order for a Good through the Website in accordance with these terms and conditions; or
a Good on eBay and following the processes and procedures that are set out on eBay to submit an order.
4.2. Orders are deemed to be received by DMR Clutch at the time of successful transmission and receipt of the Order by DMR Clutch.
4.3. Any Order placed through this Website or through eBay for a Good is an offer by you to purchase the particular Good for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
4.4. DMR Clutch reserves the right to accept or reject your Order for any reason, including if the requested Good is not available, if there is an error in the price or the Good description posted on the Website or eBay or in your Order.
4.5. An agreement exists between you and DMR Clutch once DMR Clutch expressly accepts an Order or DMR Clutch receives the Order and does not reject it within fourteen days. Each Order is a separate binding agreement.
4.6. DMR Clutch, or its nominated agent, will deliver the Goods to you at the Delivery Address within the time agreed with you.
4.7. DMR Clutch, or its nominated agent, will not commit to delivery beyond the Front Door of your home or office building. If you request DMR Clutch to deliver the Goods beyond your Front Door, you agree to continually indemnify and hold harmless DMR Clutch (including but not limited to its officers, employees, contractors and agents) from any Loss suffered or incurred by DMR Clutch Pty Ltd in connection with the delivery of the Goods beyond your Front Door.
4.8. Anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by DMR Clutch, and any nominated agent, to be authorised to receive the Goods.
4.9. If required by DMR Clutch, you must pay to DMR Clutch or its nominated agent the Delivery Fee (or such other fee as may be specified by DMR Clutch) in respect of each Order.
4.10. If there is no one at the Delivery Address or no one of appropriate age to receive and sign for the Order when the Order is delivered, the Order may be left at the Delivery Address or not, at DMR Clutch, or its nominated agent’s, discretion.
5. RISK AND TITLE IN THE GOODS
5.1. Risk in the Goods passes to you on the date and time of delivery to the Delivery Address. Title to the Goods passes to you on the later of the date and time of:
receipt of payment for those Goods; and
delivery of those Goods to the Delivery Address.
6. RETURNS, CREDITS AND REFUNDS
6.1. If you wish to make a claim for a replacement Good, refund or credit then you must email DMR Clutch on returns@dmrclutch.co.uk to obtain a Returned Goods Authorization (RGA) number. You must provide us with the invoice DMR Clutch or its agent issued to you for your Order to make a claim under this clause. If you fail to do so, then DMR Clutch may reject or deny your claim. A DMR Clutch representative will assess your claim for a replacement Good, credit or refund of the purchase price. DMR Clutch reserves the right to inspect the Goods before making the assessment. DMR Clutch will not pick up any Goods that you do not accept or that you seek to return.
7. PRICE OF GOODS AND PAYMENT
7.1. You must pay the Purchase Price for the Goods at the time the Order is made whether on the Website or on eBay.
7.2. You must pay the Delivery Fee in respect of each Order.
7.3. Upon Order of the Goods, DMR Clutch will provide you with a tax invoice specifying the total price for the Goods and the Delivery Fee.
7.4. At the time you place the Order, you will be required to pay either via online payment by credit card or by PayPal and DMR Clutch will at the point of purchase set out the required method. Unless otherwise agreed, in order to receive the Goods you have ordered, payment must be received by the selected payment method and in accordance with any other terms displayed on the Website or on eBay.
8. Your Obligations and Restrictions
8.1. You:
must promptly advise us of any changes to your information provided to us relating to your access or use of the Website or eBay;
are responsible for any costs associated with your access to or use of the Website or eBay, including internet access fees;
agree that DMR Clutch may charge you for all Goods that DMR Clutch agrees to supply to you that have been ordered through the Website or ordered via eBay;
should check the labels on the Goods before consumption or use; and
must follow all recommendations by the manufacturer for the application or installation of any Goods purchased from DMR Clutch.
8.2. You must not:
use the Website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
use the Website in a manner or way, or post to or transmit to or via the Website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Website;
make fraudulent or speculative enquiries, purchases or requests through the Website or through eBay;
use another person’s details without their permission or impersonate another person when using the Website or eBay;
post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
tamper with or hinder the operation of the Website or DMR Clutch’s use of eBay in anyway;
knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;
use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website;
modify, adapt, translate or reverse engineer any portion of the Website;
remove any copyright, trade mark or other proprietary rights notices contained in or on the Website;
reformat or frame any portion of the web pages that are part of the Website;
create accounts by automated means or under false or fraudulent pretences;
use the Website to violate the security of any computer or other network or engage in illegal conduct;
take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
use the Website other than in accordance with these terms and conditions; or
attempt any of the above acts or engage or permit another person to do any of the above acts.
9. SET-OFF
9.1. If you owe money to DMR Clutch, or its agent or nominee, under one agreement, DMR Clutch may set-off that money against any money that you owe to DMR Clutch under another agreement.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. You:
acknowledge that Materials are owned by or licensed to DMR Clutch;
must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public the Materials without DMR Clutch’s prior written consent; and
must not frame or embed in another Website any of the material appearing on this Website without our prior written consent.
10.2. You may:
store a reproduction of the content on this Website on your local computer for the sole purpose of viewing the content and Materials; and
print hard copies of the content and Materials for the sole purpose of viewing and purchasing Goods but not for any other use, including commercial use.
10.3. This Website may contain registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Website or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Website that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
11. LIABILITY
11.1. Subject to clause 12.3, DMR Clutch excludes all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of this agreement. You acknowledge that DMR Clutch does not make any warranty or representation as to the suitability of the Website or a Goods for any purpose.
11.2. Subject to clause 12.3, DMR Clutch will not be liable to you for indirect and consequential Loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
11.3. Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
1. in the case of services: the resupply of the services; or the payment of the cost of resupply; and
2. in the case of Goods: the replacement of the Goods, the supply of equivalent Goods, the repair of the Goods; the payment of the cost of replacing the Goods (or of acquiring equivalent Goods), or the payment of the cost of having the Goods repaired.
11.4. 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.
11.5. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
12. PRIVACY AND SECURITY
12.1. For details of the DMR Clutch privacy and security statement, please follow the link “Privacy Policy” on the Website. By providing your information on eBay or the Website, you acknowledge and agree to DMR Clutch’s privacy policy as amended or varied from time to time.
12.2. Any personal information collected pursuant to this Agreement will be collected in compliance with DMR Clutch’s Privacy Policy.
13. TERMINATION
13.1. DMR Clutch may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, DMR Clutch may immediately suspend, terminate or limit your access to and use of the Website if you breach these terms and conditions and:
1. the breach cannot be remedied; or
2. you fail to the remedy the breach within 10 days of our notice to you of that breach; or
3. if there is an emergency.
13.2. You may stop using the Website at any time and for any reason.
13.3. DMR Clutch may stop making the Website (or any part of it) available without prior notice. Any orders that DMR Clutch has accepted will not be affected by the unavailability of the Website unless the Goods that have been ordered are no longer available or DMR Clutch is prevented from supplying the Goods, in which case, DMR Clutch will notify you and valid payments will be returned in accordance with these terms and conditions.
14. MISCELLANEOUS
14.1. The Website may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:
1. DMR Clutch makes no representations or warranties, or have any responsibility or liability for those websites; and
2. these links do not indicate, expressly or impliedly, that DMR Clutch endorse the site or the products or services that are provided at those sites.
3. You agree that you access and use the products and services made available at those sites solely at your own risk.
14.2. DMR Clutch may add to, delete, or otherwise change any of the terms of this agreement by giving you notice. Your use of DMR Clutch after notice will constitute your deemed acceptance of such changes.
14.3. DMR Clutch may give notice to you by either electronic mail, conventional mail to your Delivery Address or notice posted on the Website. You may give notice to DMR Clutch by email to support@dmrclutch.co.uk
14.4. Each provision of this agreement is severable. Severance does not affect any other provision.
14.5. The laws of Victoria, Australia govern this agreement. Each party submits to the jurisdiction of the courts Victoria, Australia.
