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Legals

 

Terms of use

Transparency is something we’re big on, so it’s important to us that you know what you’re agreeing to as a valued member of the Sunshine Auto Parts community. There are some conditions we would like you to be aware of because by accessing www.sunshineautoparts.com.au you are agreeing to these conditions:

The Legal Stuff

The website www.sunshineautoparts.com.au (the “Site” or “Website”) is an automotive shopping website where you can browse, select, and order spare parts advertised by Sunshine Auto Parts.

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. 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 Sunshine Auto Parts 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 so as 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

Sunshine Auto Parts 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, Sunshine Auto Parts will endeavor to correct any inaccuracies once Sunshine Auto Parts 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

Sunshine Auto Parts 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.

CANCELLATION OF ORDERS

Sunshine Auto Parts reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted. Sunshine Auto Parts may do this for example, but without limitation, where:

(a)          Sunshine Auto Parts suppliers are unable to supply goods that they have previously promised to supply;

(b)          an event beyond Sunshine Auto Parts’s control such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Sunshine Auto Parts 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 Sunshine Auto Parts to cancel your order. Sparesbox 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), excluding GST (Goods and Services Tax) and postage/delivery charges which will depend on the destination.

You will be subject to shipping fees if you are shipping to a non-metro area or if your order is under the value of $99.

 

INTELLECTUAL PROPERTY

This Site contains copyright material, registered and non-registered trademarks that are protected by law and are the property of Sunshine Auto Parts 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 ACCOUNT

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 Sunshine Auto Parts you give Sunshine Auto Parts 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 Sunshine Auto Parts and follow the steps.

LIMITATION OF LIABILITY

Sunshine Auto Parts 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 Sunshine Auto Parts or the use there of whether or not such damages are based on tort, warranty, contract or any other legal theory – even if Sunshine Auto Parts  has been advised, or is aware, of the possibility of such damages.

Sunshine Auto Parts 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 ninety (90) days 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.

 
 

Authority to Leave:

By selecting ‘Yes’ at the checkout page (or if you selected this option over the telephone with our Customer Service Center, Sunshine Autoparts will leave your parcel at your unattended premises in accordance with your instructions.

You agree that the parcel is deemed received when left at your premises.

Sunshine Autoparts and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release Sunshie Autoparts from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.

If you do not give Sunshine Autoparts Authority to Leave, you will have to be at your premises in order for the delivery to occur.

 

Intellectual Property Rights:

  1. All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements)) (whether registered or unregistered) in:
    1. This website and service,
    2. Information content on this website or accessed as part of the service,
    3. Any database operated by us and
    4. All the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by us or licensed to us. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
  2. None of the material listed in Clause 1of this intellectual property rights agreement may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website or accessed as part of the service without our permission.\
  3. All rights (including goodwill and, where relevant, trade marks) in the Sunshine Autoparts name are owned by us or licensed to us. Other product and company names mentioned on this website are the trademarks or registered trademarks of third parties.
  4. Title, ownership rights and intellectual property rights in and to the content accessed using the service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. Subject to the limited rights described in Clause 3 of this Intellectual Property Rights Agreement gives you no rights to such content.
  5. The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
  6. Any material you transmit, post or submit to us either through this website or otherwise (“Material”) shall be considered (and we may treat it as) non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas).
  7. All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist:
    1. disclosed or offered to us by you; or
    2. in response to solicitations by us regarding the service or this website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign all existing present and future intellectual property rights in Ideas, to us. You must do all things reasonably requested by us to assure further the assignment of such rights. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
 

General Terms:

  1. These Terms and Conditions is governed by and construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
  2. any provision of these Terms and Conditions or portion thereof, is found to be illegal, invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law so as to give effect the intent of the Terms and Conditions, and the remainder of these Terms and Conditions will continue in full force and effect.
  3. These Terms and Conditions and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by a User. Automotive Superstore may assign its rights and duties under these Terms and Conditions to any party at any time without notice to Users.
  4. Any failure by Sunshine Autoparts to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions.