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Terms and Conditions

To the fullest extent legally permissible all dealings between you and Direct Delivery Management Pty Ltd (and/or any related and/or associated companies, trusts and/or other entities and/or any successors and/or assigns) whether trading as Direct Delivery Management and/or Partstars relating to any goods [the “goods”] are subject to the following terms and conditions [“these Terms”] unless otherwise expressly agreed in writing:

1. Agent for Disclosed Principal: You acknowledge that Partstars acts at all times as agent for  Direct Delivery Management Pty Ltd in respect of all dealings with you.
2. Payment, Currency and Purchase Price: a) Payment shall be made by valid credit card or gift certificate. b) Payment shall be made in Australian dollars and if applicable on the basis of the current exchange rate determined by your credit card merchant. c) When payment is made by gift certificate: (i) if the value of your gift certificate is less than the total amount of your order payment for the balance of the order must be paid by valid credit card; and (ii) if the value of your gift certificate is more than the total amount of your order the remaining balance of your gift certificate will be stored with your gift certificate pin number to be applied against your next purchase. d) All Australian government imposts (including any GST or equivalent if applicable) shall be to your account. e) Prices for international customers exclude government imposts (including any GST or equivalent, import duty and/or sales tax) which shall be to your account.
3. Gift Certificates: a) You agree that gift certificates: (i) must be redeemed through Partstars towards the purchase of goods displayed on Partstars; (ii) cannot be used to purchase other gift certificates, merchandise on-site at Partstars; (iii) are not redeemable for cash, are non-transferable and cannot be returned for a cash refund; and (iv) are valid for 12 months from date of purchase. b) Only 1 gift certificate may be redeemed per order. c) If Partstars believes in its absolute discretion that a fraudulently obtained gift certificate is used then Partstars may close your account and/or require alternative forms of payment.
4. Property: Immediately on delivery you accept liability for the safe custody of goods and indemnify Partstars for any related losses.
5. Limitation of Liability: a) You agree to limit any claim to the cost of replacement goods and/or gift certificates, or supply of equivalent goods and/or gift certificates. b) Partstars shall not be liable for: (i) any claim, loss or expense which is made after 7 days from the date of delivery of goods (or at all once goods have been unpacked or otherwise used, applied or installed) – after which there shall be deemed to have been unqualified acceptance; (ii) goods lost in transit; (iii) any loss and/or damage in respect of any property and/or premises; (iv) any consequential loss and/or any special and/or punitive damages through any fault of Partstars or otherwise; (v) lost, stolen and/or destroyed gift certificates; and/or (vi) any claim in any way caused and/or contributed to by you and/or any third party. c) These Terms shall prevail to the extent of any inconsistency with any other agreement, representation and/or warranty.
6. Cancellations and Returns: You agree: a) not to cancel any order without Partstars’s prior approval; b) not to return goods without Partstars’s prior approval and if goods are not in brand new and unused condition with undamaged packaging and if 14 days or more have passed since delivery; c) that Partstars may take back faulty goods and/or goods in saleable condition on such terms as Partstars considers to be reasonable; d) not to return goods without first providing Partstars an original invoice as proof of purchase; e) that Partstars does not give cash refunds; f) that no refund will be given for delivery costs you have already incurred; g) that you are solely responsible for the cost of returning goods to Partstars.
7. Placement of Orders: a) You agree that if any dispute arises concerning any order (including any question of identity, authority or any phone, fax or computer generated order) the internal records of Partstars shall be conclusive evidence of what was ordered. b) Partstars shall use its best endeavours to process and dispatch your order within three (3) working days subject to stock levels.
8. Supply and Delivery: a) Partstars may supply by instalments and/or withhold or cancel supply without ramification where: (i) Partstars has insufficient goods to fulfil orders; (ii) goods are not available to supply; (iii) you are in breach of these Terms; (iv) Partstars has any safety concerns; and/or (v) Partstars considers it appropriate whether because of any minimum invoice policy or otherwise. b) You agree that: (i) Partstars may elect to arrange delivery at its discretion and without any liability and at your cost and responsibility in all things; (ii) you shall be deemed to have accepted delivery and liability for goods on being notified by Partstars that goods are ready for collection and/or on goods being delivered to a carrier or to your premises or nominated site whether attended or not; (iii) a certificate purporting to be signed by an officer of Partstars confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket; and (iv) Partstars shall not be liable for delay, failure or inability to deliver any goods. c) You agree: (i) that Partstars may in its absolute discretion allow you to cancel any order where circumstances other than force majeure or your actions delay or prevent fulfilment of any order and in such circumstances Partstars may in its absolute discretion provide an appropriate refund; and (ii) to pay Partstars for any demurrage or other costs and expenses in handling and/or holding any goods once ready for delivery and/or collection.
9. Variations: To be binding any variation or cancellation of these Terms or any order must be approved by Partstars in writing.
10. Exclusions: a) No dealing between Partstars and you shall be or be deemed to be a sale by sample. b) If Partstars publishes material concerning its goods and/or prices anything so published which is incompatible with these Terms is unless otherwise stated expressly excluded. c) You shall rely on your own knowledge and expertise in selecting any goods for any purpose and any advice and/or assistance given by or for Partstars shall be at your risk and shall not be or be deemed to be given as expert or adviser nor to have been relied on by you or anyone claiming through you. d) All goods are sold subject to all applicable trading terms, warranties and representations of the manufacturer. e) Partstars shall not be responsible nor liable for: (i) paying and/or obtaining any necessary judicial, statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licences; and/or (ii) any failure to comply with any special requirements of you or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any goods or otherwise). f) Partstars shall not be liable for any goods: (i) utilised, stored, handled and/or maintained incorrectly or inappropriately; and/or (ii) manufactured and/or supplied by any other party. g) You agree to: (i) check all goods for compliance with all applicable laws, standards and/or guidelines before use, on-sale and/or application; (ii) comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by Partstars and/or by any manufacturer; and (iii) act in accordance with good practice at all times.
11. Default: a) On default or breach of any part of these Terms by you Partstars may inter alia terminate any contract, retain all monies paid, cease further deliveries and/or provision of services, recover all lost profits and/or at its discretion take immediate possession of any goods not paid for without prejudice to any other rights and without being liable in any way to any party. b) You agree not to commence or continue or permit to be commenced or continued through you any suit or action against Partstars while you are in default under any part of these Terms or in any of your dealings with Partstars. c) You agree to indemnify Partstars for all fees and expenses payable to solicitors, mercantile agents and other parties acting on behalf of Partstars in respect of anything instituted or being considered against you whether for debt, possession of any goods or otherwise (including all legal costs on an indemnity basis). d) Partstars may apply any payment in reduction of fees, interest and/or any principal debt in such order of priority as Partstars in its discretion deems appropriate.
12. Indemnity: You fully indemnify Partstars against any claim or loss arising from or related in any way to any dealing between Partstars and you and/or arising under these Terms.
13. Other Terms and Conditions: No terms and conditions sought to be imposed by you upon Partstars shall apply.
14. Jurisdiction: You agree that all dealings with Partstars shall be governed by the law applicable in the State of Victoria, Australia and you agree to submit to the jurisdiction of the appropriate Court nominated by Partstars in the capital city of Victoria, Australia.
15. Waiver: An election by Partstars not to exercise any of its rights arising as a result of any breach of these Terms shall not constitute a waiver of any rights of Partstars relating to any other breach.
16. Notice: You agree that you shall be deemed to have notice of any change to these Terms immediately any change is adopted by Partstars and whether or not you has actual notice. You shall be deemed to be bound by any terms and conditions of trade which may be adopted by Partstars immediately any change is adopted and notwithstanding any other purported or pre-existing terms and conditions which might otherwise have applied.
17. Force Majeure: Partstars shall not be in default or in breach of any contract with you as a result of Force Majeure including any strike or lock-out.
18. Severability: Any part of these Terms shall be capable of severance without affecting any other part of these Terms.
19. Privacy Policy: To view Partstars’s Privacy Policy, click here

WEBSITE TERMS OF ACCESS

Your use of this website is subject to the following Website Terms of Access:

1. Ownership: This website, www.partstars.com.au is owned by Direct Delivery Management Pty Ltd ("Direct Delivery Management"). Except where indicated copyright in the information on this website is owned by Direct Delivery Management and all rights are reserved.

2. Acceptance of Website Terms of Access: (a) Your access and use of this website is conditional on your acceptance of and compliance with the Website Terms & Conditions. (b) You shall be deemed to have agreed to the Website Terms & Conditions by your continued use of and/or continued access to this website. (c) Partstars may amend the Website Terms & Conditions at any time by posting the amended terms of Access on this website. The amended Website Terms & Conditions shall be deemed to be binding and effective immediately. Accordingly, you should periodically review the Website Terms & Conditions. (d) Any violation by you of the Website Terms & Conditions will result in immediate forfeiture of your right to use and access this website.

3. Restrictions on use: (a) This website is available only for your personal, non-commercial use unless expressly authorised in writing by Partstars. (b) Partstars reserves the right to change or discontinue any feature of this website. (c) You may not copy, reproduce, publish, frame, post, upload, distribute, transmit and/or modify, in any way, any part and/or all of the material contained on this website, unless expressly authorised in writing by Partstars. (d) This website is only available to, and may only be used by, persons who are able to form legally binding contracts. Without limiting the foregoing, this website is not available to and may not be used by persons under 18 years of age. (e) You may not use this website to collect personal information (including internet addresses of participating businesses).

4. Trade marks: All names, logos and trade marks are the property of Direct Delivery Management and/or the third parties who have contributed to this website (where acknowledged). Nothing on this website shall be interpreted as granting any rights to use or distribute any names, logos or trade marks without the express written authority of Direct Delivery Management or the relevant contributor.

5. No representations: (a) Neither Direct Delivery Management nor Partstars make any representation(s) in respect of the accuracy, reliability, completeness or timeliness of the information and/or anything else contained in this website [the "Material"]. The Material may contain inaccuracies or typographical errors. The use of this website and the Material is strictly at your own risk. (b) The links provided to other websites are provided for your convenience and may not remain current or maintained. Neither Direct Delivery Management nor Partstars purports to approve, recommend or endorse the owners and/or operators of any linked website or of any information, products and/or services referred to on linked websites.

6. No warranties: Neither Direct Delivery Management nor Partstars makes any warranty with respect to the Material and/or this website. The Trade Practices Act 1974 (Cth) and all corresponding State legislation imply terms, conditions and warranties into particular contracts which are to govern and regulate the supply of goods and services [the "Prescribed Terms"]. Except as provided by the Prescribed Terms, all warranties whether express or implied by law and/or in any way relating to access to, or non-access to, this website and/or the use of and/or reliance upon this website and/or the Material are hereby expressly excluded. In addition, neither Direct Delivery Management nor Partstars warrant that this website will operate free from error or that this website and its server are free of computer viruses and other harmful effects. Neither Direct Delivery Management nor Partstars accepts responsibility for or shall be liable for any loss and/or damage resulting from your use of this website and/or the Material.

7. Limitation of liability: Except as provided by the Prescribed Terms neither Direct Delivery Management nor Partstars, their suppliers or any third parties mentioned on this website shall be liable for any loss and/or damage (including, without limitation, incidental and consequential damages and/or lost profits) resulting from your access to and/or inability to use and access this website and/or the Material and/or any linked material.

8. Termination: The Website Terms & Conditions are effective until terminated by Partstars. Partstars may proscribe your access to this website at any time without notice. In the event of proscription, you shall no longer be authorised to access this website. All restrictions imposed on you and all disclaimers and limitations of liability set out in the Website Terms & Conditions shall survive.

9. Governing law: The Website Terms & Conditions are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria as nominated by Partstars from time to time.