- In these terms and conditions, "we" "us" and "our" refers to Jap Mart. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
- We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- We strive to ensure that our products are described as accurately as possible on our ebay store, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- As per ebay policy our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
- All prices are in Australian Dollars (AUD) and are inclusive of GST and we reserve the right to amend our prices at any time.
- Insurance is the buyer responsibility. If you wish to purchase insurance, please contact us via ebay and we will advise you of the additional charge. Insurance will usually cost 20% of the total price.
- When you order from us, we require you to provide your name, address for delivery, your email address and telephone contact. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
- Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
- Delivery of your ordered product/s will be as set out on our ebay store Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
- All risk of loss or damage to the goods passes to you when we despatch the goods.
- If products have been purchased in error or if you have changed your mind, you will be charged a 20% restocking fee, plus postage costs.
- If purchased part un available after purchase we will offer a full refund or give the buyer the option to place order on hold till stock arrives and we will ship out .
- All new parts will come with manufactures warranty unless listed otherwise , warranty will vary depending on parts purchased.
- Warranty is only valid with a receipt stating part was fitted by a licensed motor vehicle repairer.
- We strive to deliver the goods within the specified time frame, sometimes with third party supplier and courier companies, the delivery of goods may take a little longer than we anticipate.
Order Cancellation Due To Error
- Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
- All payments to be made via paypal.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (C&C Act) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- By accessing our ebay store, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our store.
- If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. Force Majeure means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.