Terms of service

 

OVERVIEW

Welcome to perfectshift.com.au (the ‘Website’). This website is operated by Perfect Shift. It is available at: perfectshift.com.au, and may be available through other addresses or channels.

Access to and use of the website, or any of its associated Products or Services, is provided by Perfect Shift. By accessing and/or using the Website, you agree to these terms and conditions of use and our Privacy Policy (available on the Website) (the ‘Terms’). Please read these Terms carefully and immediately cease using the Website if you do not agree to them. 

Perfect Shift reserves the right to review and change any the Terms by updating this page at its sole discretion. Any changes of the Terms take immediate effect from the date of their publication. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on the Website (the ‘Content’) are subject to change without notice. We do not undertake to keep this website up-to-date and we are not liable if any Content is inaccurate or out-of-date. 

SECTION 1 - ACCEPTANCE OF TERMS AND CONDITIONS OF USE AND AMENDMENTS

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Perfect Shift in the user interface

SECTION 2 - PURCHASE OF PRODUCTS AND PAYMENT

In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Product ( the ‘Purchase Price’).

Payment of the Purchase Price may be made through PayPal, Shop Pay, Apply Pay, debit card (the ‘Payment Gateway Providers’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms of Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by Perfect Shift, you will be issued with a receipt to confirm that the payment has been received and Perfect Shift may record your purchase details for future use.

SECTION 3 - DELIVERY TIME AND HANDLING

Orders are normally dispatched within 48 hours upon verified payment if in stock. The delivery time for items that are out of stock and/or backordered is not guaranteed.

Perfect Shift engages a third party courier service, in which a signature may be required. We are not liable for any delays that have occurred by the courier hired. We will pursue the claim, while we cannot be held accountable to their delays.

For more information, please check our Shipping Information.

SECTION 4 - REFUND POLICY

To complete a refund request, a receipt or proof of purchase is required for the claim. Perfect Shift provides a full refund for defective products through no fault of the customer.

For more information, please check our Return/Refund policy.

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Website is not accurate, complete or current. The material and services on the Website are provided on a ‘as is’ basis, they are for general information only and should not be replied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.

You agree that we exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue the products on the Website and its services or delete the data you provide, whether temporarily or permanently. 

SECTION 6 - PRODUCT USAGE

Perfect Shift is not liable for any damages that results from using the item(s) purchased from us. Instructions, where available, must be read carefully before using the products. If no instruction guide is provided, professional installation is recommended. If there is fault with installation and no proof of professional install, we are not responsible for any damages that occur after. We do not accept liability for faults caused from improper installation.

Some products are only legal off-road and/or off-highway, and may be illegal for public roads or highways. You will need to check with your state and local county laws.

SECTION 7 - THIRD PARTY LINKS

Links to goods and services provided by third parties may be advertised and/or made available on or through the Website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

SECTION 8 - YOUR COMMENTS AND CONDUCT

If, with or without a request from us, you send certain specific comments, reviews, submissions, creative ideas, suggestions, proposals, plans, or other material, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restrictions, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to:

  1. Respond to any comments;
  2. Maintain any comments in confidence;
  3. Pay compensation for any comments;

We may, but have no obligation to, monitor, edit or remove content that we determine ni our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PRIVACY POLICY

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Notice.

SECTION 10 - INDEMNIFICATION

You agree to indemnify Perfect Shift, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  1. All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connect with Your Content;
  2. Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so ; and/or
  3. Any breach of the Terms

SECTION 11 - WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by law, we make no representations or warranties about the Website or the Content, including (without limitation) that:
(a) They are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) Access will be uninterrupted, error-free or free from viruses; or
(c) The Website will be secure.
You read, use and act on our Site and the Content at your own risk. 

SECTION 12 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of the Website and/or the Content and/or any inaccessibility of, interruption to or outage of the Website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

SECTION 13 - SEVERABILITY

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. 

SECTION 14 - APPLICABLE LAW

Your use of the Website and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia, and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

The Website may be accessed throughout Australia and overseas.  We make no representation that the Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access the Website.

SECTION 15 - TERMINATION

The Terms will continue to apply until terminated by either you or by Perfect Shift as set out below.

If you want to termination the Terms, you may do so by:

  1. Providing us with 14 days’notice of your intention to terminate; and
  2. Closing your accounts for all of the services which you use, where Perfect Shift has made this option available to you

Your notice should be sent in writing to Perfect Shift via email to info@perfectshift.com.au

Perfect Shift may, at any time, terminate the Terms with you if:

  1. You have breached any provision of the Terms or intend to breach any provision;
  2. Perfect Shift is required to do so by law;
  3. The provision of the Services to you by Perfect Shift is, in the opinion of Perfect Shift, no longer commercially viable.

Subject to local applicable laws, Perfect Shift reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another party.

SECTION 16 - CHANGES TO TERMS AND CONDITIONS

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Website. We recommend you check the Website regularly to ensure you are aware of our current terms. Materials and information on the Website (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

SECTION 17 - CONTACT INFORMATION

Please send any questions about the Terms and Conditions of Use to us at enquiries@perfectshift.com.au