DMS Oz Pty Ltd Distributors of Dunlop Motorsport Products
DMS Oz Pty Ltd Distributors of Dunlop Motorsport Products
TERMS AND CONDITIONS DMS OZ PTY LTD
ABN 66 629 144 083
We advise you to please read the terms & conditions before you order at dmsaust.com.au. By using the dmsaust.com.au website and/or placing an order on dmsaust.com.au you accept these terms and conditions (“Agreement”). This Agreement is between you and DMS OZ Pty Ltd. We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
DMS OZ Pty Ltd (ABN 66 629 144 083) is a division of NTT Group of Companies, it uses North Terrace tyres as its primary fitment centre. Please be aware you may see reference to North Terrace Tyres Pty Ltd (ABN 49 070 413 642) on your credit card statement for purchases on this website.
2. About Us and the Terms and Conditions
DMS Oz Pty Ltd
55 North Terrace
SA 5069, Australia
P: (08) 8113 0600
DMS Oz Pty Ltd will hereafter be referred to as the Seller, Company, NTTRacing, NTT Racing, DMS Oz, North Terrace Tyres, We or Our. These terms and conditions are applicable to all contracts a customer (hereafter indicated as you, the customer, or purchaser) made with NTT Racing by ordering a product from dmsaust.com.au. By ordering a product from this website, you accept the Terms and Conditions.
If you have any questions, you can contact us by email at firstname.lastname@example.org
3. Orders and Customers
All orders at NTT Racing will be processed immediately, assuming you place your order on a business day. Please refer to “Delivery” notes for detailed delivery times. When placing an order, you accept NTT Racing’s Terms and Conditions, and confirm that you are:
If any of the above is incorrect, please do not place an Order with this site.
We reserve the right to cancel, at any time before delivery and for whatever reason, an Order that we had previously accepted. We may do this for example, but without limitation, where:
(a) Our suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Our control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that We are 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;
All Our Prices include GST and any other applicable taxes (which will be charged at the current rate as shown on the website). Prices include delivery, unless otherwise stated on the Website. The prices are given in Australian dollars (AUD). We reserve the right to correct mistakes and or update information without prior notice (E.O & E). However, if the wrong price has been shown on a product you already have ordered, we will of course notify you and await your approval of the correct price before we process your order. Any Special pricing will be available on products while stocks are available, once sold out that special will cease.
All Manufacturer’s own Warranties apply on all goods we sell, many of these vary from manufacturer to manufacturer, including length of time, however, as a general rule they all cover faulty materials and workmanship on a pro rata basis. Any warranty issues that we handle are on a delivery to our workshop (freight free) basis for assessment. Only the manufacturer can apply an assessment in regard to any replacement, we act on your behalf in these situations.
However, due to unforeseen changes, shipping times can fluctuate. We aim to notify you if we suspect that we cannot make the delivery in the estimated delivery time, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
8. Cancellation Notice
If you want to cancel your order and it has not yet been shipped you can cancel your order, however if it has already been shipped, we are unable to cancel your order. We do not offer returns for change of mind or wrongly ordered products.
In case of a return for faulty products under warranty, you the customer are responsible for the costs involved in returning the product to us as we cannot take any further action on your behalf until we receive the returned product.
9. Refund or Warranty Replacement
As soon as we have received the returned product and have the manufacturer inspect the conditions of the product (s), we will either replace or refund the original order amount minus our original freight cost within 30 days. The refund amount will be transferred to the original means of payment used for the order, unless differently specified by the customer.
If you have any issues please contact NTT Racing by phone, email or post. You will be responsible for all costs associated with returning the product/s. For approved claims, the customer will receive the replacement products or with an equivalent product.
Before the new product is sent, NTT Racing will ensure that it is free from manufacturing or material defects. Associated costs, such as for rental cars, are not reimbursed by NTT Racing.
Please note that the customer is responsible for the products in transit until they have been received by NTT Racing. Please make sure you pack the products carefully, so they do not get damaged when they are returned to NTT Racing.
11. Ownership Reservation
All products remain property of NTT Racing until the full payment has been received.
The products on our website are for sale, however, we reserve the right to make changes. If typographical errors, technical problems or similar occur, we reserve the right to cancel incoming orders. If this occurs, you will be contacted. The existing product description is mainly from our supplier, we accept no responsibility for them.
Sometimes the product image differs from reality. An example might be a tyre which is attached to a rim. The rim in this example is not included in the price, and thus not included in the purchase. NTT Racing accepts no responsibility for any product, which you as a car owner choose to use for your vehicle.
13. Force Majeure
We are not responsible for delays caused by Force Majeure events. Examples of such events are: natural disasters, war, strike, decisions from authorities, non-deliveries from suppliers, and circumstances beyond our control, that cannot have been foreseen. If events like this occur, which makes NTT Racing unable to keep agreement/commitment; NTT Racing will be released from the obligation to fulfil the contract/commitment.
14. Changes in Terms and Conditions
We reserve the right to update and make changes in our Terms and Conditions. Any changes or additions will be published at dmsaust.com.au. Continued use of our webpage is considered as an approval of the potential changes.
15. Declaration of invalidity
If any of the clauses of these Terms and Conditions, or an agreement is declared invalid or cannot be executed by court, the other parts of the Terms and Condition remains valid. The clauses held invalid or cannot be executed will be replaced with the appropriate legal guidance, counselling and practice.
16. Use of this website
16.1 Website Restrictions
You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website; (ii) making bookings; (iii) contacting us through our contact forms for enquiries; (ii) ordering products through our online store; (iii) checking order information; (iv) transferring to other websites through links provided on this website; and (v) making use of other facilities that may be provided on the website.
You must not (or attempt to):
16.1.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
16.1.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
16.1.3 interfere (or attempt to interfere) with security-related or other features of our site; or
16.1.4 use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
16.2 Information on this website
The products on our website are for sale, however, we reserve the right to make changes. If typographical errors, technical problems or similar occur, we reserve the right to cancel incoming orders. If this occurs, you will be contacted.
Information about goods on the Website is based on material provided by our suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us.
You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in colour or shape) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
Sometimes the product image differs from reality. An example might be a tyre which is attached to a rim. The rim in this example is not included in the price, and thus not included in the purchase.
16.3 Disclaimer and Liability
To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
16.3.1 errors, mistakes or inaccuracies on the Website or our social media pages;
16.3.2 you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
16.3.3 personal injury or property damage of any nature resulting from your access to or use of the Website;
16.3.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
16.3.5 any interruption or cessation of transmission to or from the Website;
16.3.6 any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
16.3.7 the quality of any product or service of any linked sites.
Except as required by law, in no event shall we, or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, or our suppliers have no responsibility for the legality of your actions.
16.4 Registration and User Requirements
You do not need to be a registered member to place orders on this website. You do need to be a registered member to access some features of the Website (E.g. Checking order status). To place an order on this site you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
To register an account and use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
16.5 Social Media and Other User Generated Content
You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, Instagram feed, or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law, we do not accept liability in this regard.
As a member or participant on our website and/or our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post or allow content to be posted through your account that:
16.5.1 you do not have the right to post;
16.5.2 is defamatory or in contempt of any legal or other proceedings;
16.5.3 is misleading or deceptive;
16.5.4 is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
16.5.5 denounces religious or political beliefs;
16.5.6 contains religious or political material;
16.5.7 is indecent, obscene, vulgar, pornographic or offensive;
16.5.8 infringes any copyright, trade mark, patent or other intellectual property right of another person;
16.5.9 contains any unsolicited or unauthorised advertising or promotional material;
16.5.10 contains or links to viruses, malware, spyware or similar software; or
16.5.11 impersonates any person or misrepresents your relationship with any person.
We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
Images are for illustration purposes only. Actual shape and colour may differ from what is pictured.
We will not be liable to you or any third party in respect of any claim for injury, death, loss or damage to any person or property caused or arising out of the use of products sold by us, or out of any services performed by us, except to the extent that liability is imposed upon us or implied into a transaction by this agreement or by any statutory provisions that cannot be excluded by this agreement.
We have no authority to accept any goods for safe custody from you and will not be liable in any case for loss of, or damage to, any articles alleged to have been left with us by you or alleged to have been left in your vehicle, however such loss or damage was caused.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
20. Shipping policy
NTT Racing endeavours to get your order to you as fast as possible. The Customer is responsible for shipping costs of the order. If the shipping cost varies from the time of purchase we will contact you, the customer, for further payment.
Delivery times arrive to most postcodes in about 1-2 days, if the delivery location is outside metro areas, delivery may take up to 2 weeks.
These terms and conditions are governed by the laws of Australia and the laws of the State of South Australia.