COMMERCIAL AUTO PARTS SUPPLY PTY LTD trading as CAPS AUTOMOTIVE
Terms of use
Welcome. it’s important to us that you know what you’re agreeing to as a valued member of the CAPS Automotive. There are some conditions we would like you to be aware of because by accessing www.capsauto.com.au you are agreeing to these conditions:
The Legal Stuff
The website www.capsauto.com.au (the “Site” or “Website”) is an automotive shopping website where you can browse, select, and order spare parts advertised by CAPS Automotive or our online platforms
You agree to receive communications from us and from our third-party service providers and you agree to accept "cookies" and other similar devices used by this Website to perform our services. You also agree that we may call or email you about any incomplete or unconfirmed enquiry you make through our Website or other online platforms. Further information on the use of data can be found in our Privacy Policy.
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 CAPS Automotive 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 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.
Disclaimer
CAPS Automotive has taken every care to ensure that the information posted on the Site is correct and up to date at the time of publishing on the Internet. We shall not be responsible for any detriment incurred by reliance you place on this Site or its contents. However, CAPS Automotive will endeavour to correct any inaccuracies once CAPS Automotive becomes aware of them.
Illustrations and photos contained on the Site are sample representations of the products advertised, and variations may occur from time to time.
Changes
CAPS Automotive has the right to change or discontinue any features of this Site including materials, hours of availability and may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability.
As we always seek to provide our customers with the most competitive prices, we reserve the right to change prices displayed for products on the Site at any time.
Orders
An order submitted by you is an offer by you to purchase goods for the price plus the shipping charge as shown at the time of submission of your Order and any applicable additional shipping charge or international shipping charge. CAPS Automotive may accept or reject your offer in its absolute discretion. In particular, but without limitation, CAPS Automotive may reject orders for commercial quantities of goods. If you wish to order commercial quantities of goods, please contact sales@capsauto.com.au .
Please ensure that you enter all information carefully when placing your order. When placing the order, you confirm to CAPS Automotive that all information provided by you in relation to the order is complete, true, and accurate.
If you place an order for someone else to receive the order you must obtain their consent before providing CAPS Automotive with their personal information and, by placing the order, you confirm that you have done this.
CAPS Automotive reserves the right to change the payment methods that can be used for orders at any time in its absolute discretion.
CAPS Automotive does not guarantee the dispatch or delivery or availability of goods within the estimated delivery times listed on the product page or during checkout, or any other timeframes otherwise specified by CAPS Automotive or any of its staff.
Shipping and Delivery
Where you place separate orders, the goods will be delivered separately and a separate shipping charge (and additional shipping charge/ international shipping charge if applicable) will apply to each order. CAPS Automotive cannot consolidate separate orders into one delivery.
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. This may occur where the goods are being dispatched from different locations, where the goods are of different types and/or dimensions, or where the goods have different availability statuses.
You agree and acknowledge that:
- CAPS Automotive does not guarantee the dispatch or delivery or availability of goods within the estimated delivery times listed on the product page or during checkout, or any other timeframes otherwise specified by CAPS Automotive or any of its staff.
- Stock availability and events outside CAPS Automotive control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your goods from being delivered.
- Delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays.
- 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 CAPS Automotive 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 availability of goods, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Cancellation of orders
CAPS Automotive reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted CAPS Automotive may do this for example, but without limitation, where:
(a) CAPS Automotive suppliers are unable to supply goods that they have previously promised to supply;
(b) an event beyond CAPS Automotive control such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, or failure of computer systems, means that CAPS Automotive 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 CAPS Automotive to cancel your order. CAPS Automotive 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.
Product Prices
Prices displayed on the Site represent the full price in Australian dollars (AUD), including GST (Goods and Services Tax), for the product itself but does not include postage/delivery charges which will depend on the destination.
Intellectual Property
This Site contains copyright material, registered and non-registered trademarks that are protected by law and are the property of CAPS Automotive and various third parties (“intellectual property rights”). You must not use our material and any of the marks or trademarks appearing on the Site or our name without our prior written consent.
Online Purchasing Order
You agree to provide a true, complete and accurate email address, delivery address(es), billing address(es) and telephone number and to keep these details up to date. Incorrect information provided could lead to a delay in delivering your product(s) or non-delivery of your products.
By placing an order with CAPS Automotive you give CAPS Automotive permission to subscribe you to marketing emails. You can opt-out/unsubscribe from these emails at any time. To unsubscribe, click the unsubscribe link found at the bottom of all emails sent by CAPS Automotive and follow the steps.
Limitation of Liability
CAPS Automotive shall not be liable for any lost profits, lost savings, loss of reputation, loss of goodwill, any kind of commercial or economic loss, indirect, incidental, punitive, special, or consequential damages arising out of or in connection with the agreement of the sale of any products or services by CAPS Automotive or the use thereof whether or not such damages are based on tort, warranty, contract or any other legal theory – even if CAPS Automotive has been advised, or is aware, of the possibility of such damages.
CAPS Automotive aggregate and cumulative liability towards Buyer under any agreement shall not exceed an amount of ten percent (10%) of the related agreement.
Any Buyer’s claim for damages must be brought by Buyer within thirty (30) of the date of the event giving rise to any such claim and any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim. Any claims that have been brought or filed not in accordance with the preceding sentence are null and void.
The limitations and exclusions set forth above in this Limitation and Liability Section shall apply only to the extent permitted by applicable mandatory law.
If you have any queries re our Terms and Conditions please contact sales@capsauto.com.au
Warranty Policy TERMS AND CONDITIONS
COMMERCIAL AUTO PARTS SUPPLY PTY LTD trading as CAPS AUTOMOTIVE
Terms of use
Welcome. it’s important to us that you know what you’re agreeing to as a valued member of the CAPS Automotive. There are some conditions we would like you to be aware of because by accessing www.capsauto.com.au you are agreeing to these conditions:
The Legal Stuff
The website www.capsauto.com.au (the “Site” or “Website”) is an automotive shopping website where you can browse, select, and order spare parts advertised by CAPS Automotive or our online platforms
You agree to receive communications from us and from our third-party service providers and you agree to accept "cookies" and other similar devices used by this Website to perform our services. You also agree that we may call or email you about any incomplete or unconfirmed enquiry you make through our Website or other online platforms. Further information on the use of data can be found in our Privacy Policy.
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 CAPS Automotive 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 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.
Disclaimer
CAPS Automotive has taken every care to ensure that the information posted on the Site is correct and up to date at the time of publishing on the Internet. We shall not be responsible for any detriment incurred by reliance you place on this Site or its contents. However, CAPS Automotive will endeavour to correct any inaccuracies once CAPS Automotive becomes aware of them.
Illustrations and photos contained on the Site are sample representations of the products advertised, and variations may occur from time to time.
Changes
CAPS Automotive has the right to change or discontinue any features of this Site including materials, hours of availability and may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability.
As we always seek to provide our customers with the most competitive prices, we reserve the right to change prices displayed for products on the Site at any time.
Orders
An order submitted by you is an offer by you to purchase goods for the price plus the shipping charge as shown at the time of submission of your Order and any applicable additional shipping charge or international shipping charge. CAPS Automotive may accept or reject your offer in its absolute discretion. In particular, but without limitation, CAPS Automotive may reject orders for commercial quantities of goods. If you wish to order commercial quantities of goods, please contact sales@capsauto.com.au .
Please ensure that you enter all information carefully when placing your order. When placing the order, you confirm to CAPS Automotive that all information provided by you in relation to the order is complete, true, and accurate.
If you place an order for someone else to receive the order you must obtain their consent before providing CAPS Automotive with their personal information and, by placing the order, you confirm that you have done this.
CAPS Automotive reserves the right to change the payment methods that can be used for orders at any time in its absolute discretion.
CAPS Automotive does not guarantee the dispatch or delivery or availability of goods within the estimated delivery times listed on the product page or during checkout, or any other timeframes otherwise specified by CAPS Automotive or any of its staff.
Shipping and Delivery
Where you place separate orders, the goods will be delivered separately and a separate shipping charge (and additional shipping charge/ international shipping charge if applicable) will apply to each order. CAPS Automotive cannot consolidate separate orders into one delivery.
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. This may occur where the goods are being dispatched from different locations, where the goods are of different types and/or dimensions, or where the goods have different availability statuses.
You agree and acknowledge that:
- CAPS Automotive does not guarantee the dispatch or delivery or availability of goods within the estimated delivery times listed on the product page or during checkout, or any other timeframes otherwise specified by CAPS Automotive or any of its staff.
- Stock availability and events outside CAPS Automotive control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your goods from being delivered.
- Delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays.
- 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 CAPS Automotive 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 availability of goods, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Cancellation of orders
CAPS Automotive reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted CAPS Automotive may do this for example, but without limitation, where:
(a) CAPS Automotive suppliers are unable to supply goods that they have previously promised to supply;
(b) an event beyond CAPS Automotive control such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, or failure of computer systems, means that CAPS Automotive 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 CAPS Automotive to cancel your order. CAPS Automotive 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.
Product Prices
Prices displayed on the Site represent the full price in Australian dollars (AUD), including GST (Goods and Services Tax), for the product itself but does not include postage/delivery charges which will depend on the destination.
Intellectual Property
This Site contains copyright material, registered and non-registered trademarks that are protected by law and are the property of CAPS Automotive and various third parties (“intellectual property rights”). You must not use our material and any of the marks or trademarks appearing on the Site or our name without our prior written consent.
Online Purchasing Order
You agree to provide a true, complete and accurate email address, delivery address(es), billing address(es) and telephone number and to keep these details up to date. Incorrect information provided could lead to a delay in delivering your product(s) or non-delivery of your products.
By placing an order with CAPS Automotive you give CAPS Automotive permission to subscribe you to marketing emails. You can opt-out/unsubscribe from these emails at any time. To unsubscribe, click the unsubscribe link found at the bottom of all emails sent by CAPS Automotive and follow the steps.
Limitation of Liability
CAPS Automotive shall not be liable for any lost profits, lost savings, loss of reputation, loss of goodwill, any kind of commercial or economic loss, indirect, incidental, punitive, special, or consequential damages arising out of or in connection with the agreement of the sale of any products or services by CAPS Automotive or the use thereof whether or not such damages are based on tort, warranty, contract or any other legal theory – even if CAPS Automotive has been advised, or is aware, of the possibility of such damages.
CAPS Automotive aggregate and cumulative liability towards Buyer under any agreement shall not exceed an amount of ten percent (10%) of the related agreement.
Any Buyer’s claim for damages must be brought by Buyer within thirty (30) of the date of the event giving rise to any such claim and any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim. Any claims that have been brought or filed not in accordance with the preceding sentence are null and void.
The limitations and exclusions set forth above in this Limitation and Liability Section shall apply only to the extent permitted by applicable mandatory law.
If you have any queries re our Terms and Conditions please contact sales@capsauto.com.au
