Terms of service
The Cruiser Store
Terms and Conditions for Online Sales
Background and Definitions
1. This document comprises terms and conditions (Terms) that apply between SummitRock Pty Ltd trading as The Cruiser Store ABN: 74 692 085 180 (we, us, our) and you, the customer
(Customer, you).
2. We are an online retailer. The products that we sell are shown on our website,
www.thecruiserstore.com.au (TCS Website).
3. If you would like to order or pre-order products (Goods) from us, you must place an order
(Order) by submitting it online on the TCS Website.
4. The retail price for our Goods is inclusive of GST (Price), unless otherwise stated. The Price is
displayed on the TCS Website. We use reasonable commercial efforts to ensure that all details,
descriptions and prices of the Goods which appear on the TCS Website are accurate. However,
listing errors may occur from time to time in relation to such details, descriptions and prices. If
such error occurs in relation to any Goods offered for sale or purchased, we will correct the error
as soon as practicable.
5. These Terms apply to the supply of any Goods by us to you.
Orders
6. When you place an Order via the TCS Website, you will receive an order confirmation email
confirming receipt of your Order (Confirmation Email). This Confirmation Email will only be an
acknowledgment of your Order and will not constitute acceptance of your Order.
7. We do not formally accept your Order, and a contract between us and you will not be formed,
until we send you confirmation by email that the Goods which you ordered have been sent to
you (Dispatch Email).
Payment
8. Full payment of the Price of the Goods is required at the time of the Order.
9. Payment can be made by:
9.1. Mastercard or Visa debit and credit cards;
9.2. Zippay;
9.3. Afterpay;
9.4. Paypal and Paypal payin4;
9.5. Shoppay; or
9.6. Electronic Funds Transfer on request.
10. Third party payment methods such as Afterpay and Zippay will be subject to its service provider
terms.
11. If we are unable to successfully process your nominated payment method (being the applicable
Card, PayPal, Afterpay, Zippay) for an Order that has been accepted by us, then we may cancel
your Order.
Amendments & Cancellations
12. If you place an Order that has been the subject of a Dispatch Email, you cannot cancel or
amended it without prior written consent from us.
13. If you request to cancel your Order before we have shipped it, we may agree to cancel your
Order and refund you the purchase price less any transactions fees of 4% and any shipping
costs incurred.
14. If you request to cancel your Order for pre-ordered Goods, we may agree to cancel your Order
and refund you the purchase price less a restocking fee of 10%.
15. We reserve the right to reject or cancel an Order for any reason, before the Goods have been
shipped to you. If we reject or cancel an Order, we will refund you the Price paid. We are not
liable for any loss or damage suffered by you that is caused by us rejecting or cancelling your
Order.
Use of Goods and Third Party Installation
16. Our Goods may require fitting and/or installation in your vehicle.
17. We recommend that you seek assistance from a qualified mechanic when installing or replacing
parts on your vehicle, including any Goods that you order from us. Failure to do so may result
in damage and/or loss to your vehicle, injury or death.
18. We are not liable for any loss or damage for the installation, modification or repair of our Goods
by third parties.
Freight and Delivery of Goods
19. We offer free shipping on most Orders delivered within Australia.
20. For shipping or delivery costs that do not attract free shipping, the shipping or delivery costs will
be charged in addition to the purchase price and such additional charge will be calculated and
included in the total cost of your Order at the checkout or advised by us.
21. We ship using Australia Post, third party carriers and/or dropshipping. You will receive a
tracking number for your Order in the Dispatch Email.
22. We take steps to dispatch your Order within 1-2 business days of the Order being placed.
23. Delivery times vary depending on delivery locations and times of year, but are typically between
2-14 business days in Australia. Goods marked Pre-Order or that are Out of Stock as shown on
the TCS Website may not be available for dispatch for 2-8 weeks or as otherwise advised by us.
24. While we take reasonable steps so that your Order is delivered in a timely manner, we will not
be liable for any loss or damage incurred by any person as a result of delay caused by our
carrier that we have no control over or by any event which is out of our reasonable control or
foresight including but not limited to any delay caused by an incorrect delivery address being
provided to us.
25. In some circumstances Goods the subject of your Order may be delivered in separate parcels.
26. Insurance is available at an extra cost on all delivery services at the Customer’s request.
27. We may offer international shipping. International shipping costs will be charged in addition to
the price of the Goods and may depend on the Goods required to be shipped and the delivery
location. Goods may be subject to additional charges and taxes associated with your delivery
location and must be paid by you.
Title and Risk
28. Title in the Goods does not pass to you until payment has been received.
29. Risk of loss or damage to the Goods passes to you upon dispatch of the Goods regardless of
whether they are shipped with a third party, or if you select to pick up the Goods, upon collection
of the Goods.
Receipt of the Goods
30. If you do not receive Goods which are the subject of your Order, then you must report the non-
receipt to us by email to info@thecruiserstore.com as soon as possible. We are not liable for
lost or stolen Goods that are the subject of your Order.
31. You must inspect the Goods immediately upon their arrival and if the Goods are not in
accordance with the specified requirements, are defective or faulty or not as ordered, you must
notify us within 3 days of receipt of the Goods. If you do not notify us within this time, the Goods
are deemed to be in all respects in accordance with the specified requirements.
Defects, and Your Rights under the Australian Consumer Law
32. 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 to compensation for 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 but the failure does not amount to a major
failure.
33. If you notify us under clause 31, we may require you to provide all reasonable information
including photographs of the alleged defect. We will determine whether the Goods delivered
are faulty or defective.
34. We will accept a return of the Goods and provide you with a replacement, refund or repair
where:
34.1. The Goods are faulty or not of acceptable quality; or
34.2. The Goods are not fit for their intended purpose; or
34.3. The Goods do not match any sample or description previously provided to you.
Exclusions and Limitation of Liability
35. We have no liability to the extent that a defect, fault or failure of the Goods is attributable to any
act or omission by you or a third party (e.g. installer, repairer, mechanic) retained on your
behalf.
36. In all other respects, our liability for loss or damage of every kind, whether:
36.1. arising pursuant to the Terms; or
36.2. arising in any other way out of or in relation to the supply of the Goods, their sale, delivery,
or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the Price paid by you to us for the Goods.
37. To the maximum extent allowed by law, we:
37.1. make no representations or warranties, whether express or implied, in relation to the TCS
Website, Goods and/or any advice, recommendations, suggestions or information that is
provided to you in connection with the TCS Website or the supply of Goods to you; and
37.2. exclude any liability whether in contract, tort (including negligence), or otherwise) for any
indirect or consequential loss, damage or expense incurred by you or any other user or
person in connection with the TCS Website and supply of Goods.
38. This clause does not exclude or limit the application of any provision of any statute (including
the Australian Consumer Law) where to do so would contravene that statute or cause any part
of this clause to be void.
39. We have no liability to the extent that our performance of the Contract is prevented by force
majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or
indirect result of which we are prevented from or delayed in performing any of our obligations, is
beyond our reasonable control and which could not have been prevented or mitigated by
reasonable diligence or precautionary measures, including forces of nature, natural disasters,
acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or
inaction by a government agency.
Returns for Change of Mind
40. We offer refunds and exchanges for change of mind on the purchase price of the Goods however we charge a re-stocking fee of 10%.
41. We do not offer refunds and exchanges on change of minds for Goods that are the subject of customisation, such as Stainless Steel Sill Trims.
42. To claim a refund for a change of mind:
42.1. you need to submit a refund request via the Contact Us page on the TCS Website or email info@thecruiserstore.com within 30 days from the date of receipt of the Goods;
42.2. return the Goods at your own cost to our address at 39a Macdonnell St, Naracoorte SA 5271, unless otherwise agreed by us;
42.3. the Goods must be in the original product packaging, unused, have all labels and tags attached and are in a resalable condition; and
42.4. you may be required to provide the proof of purchase or tax invoice.
43. On receipt of returned Goods, we will inspect the Goods and in our sole discretion determine whether the Goods returned are in acceptable condition to process a refund to you. If approved
by us, refunds will be provided via the payment method stated on your receipt, typically within
14 days.
Privacy and Marketing
44. We collect your personal information to allow us to supply you with Goods and services. You
can read more about how we handle your personal information (including marketing and any
disclosure to third parties) in our Privacy Policy available on the TCS Website. By providing us
with your personal information you agree to our privacy policy.
45. When you place an Order, you agree to us communicating with you, via various channels and
media (including email, SMS, phone, app notifications and by advertising on certain websites
and social media).
Intellectual property
46. As between you and us, we own all intellectual property rights, including but not limited to,
copyright, design right, trade marks or other intellectual property, in relation to the specifications
and design of the Goods.
Customer Acknowledgement
47. You acknowledge that:
47.1. The Goods are not genuine original equipment manufacturer (OEM) products;
47.2. The Goods are after-market parts and accessories suitable for use with automotive
vehicles; and
47.3. TCS and its Goods are not affiliated, sponsored by, approved or authorised by any
automotive vehicle manufacturer.
Variations to these Terms
48. We may change these Terms at any time. Notice of such terms will be effective at the time of
posting.
49. Where your Order has been accepted by us, the Terms that will apply to your Order will be the
Terms in place at the time of ordering.
General
50. These Terms are subject to the laws of South Australia and the parties submit themselves to the
jurisdiction of the Courts of South Australia and any competent appellate courts.
51. Any waiver of any provision of the Terms will be effective only if in writing and signed by us.
Without limiting the foregoing, if you breach these Terms and we take no action, we will still be
entitled to use our rights and remedies in any other situation where you breach these Terms.
52. No rule of construction or interpretation will be construed to disadvantage any party because
that party was responsible for its preparation or drafting.
53. Any provisions in these Terms which are unenforceable, illegal or otherwise invalid, will be read
down to the minimum extent necessary to achieve validity, if applicable, or if not applicable be
severed, and without affecting the remaining provisions of these Terms.
54. These Terms constitute the entire agreement between us and you and supersede any and all
preceding and contemporaneous agreements between you and us. These Terms supersede all
oral and written negotiations and communications on and on behalf of the parties.
55. In entering into these Terms, you acknowledge that you have not relied on any warranty
representation or statement, whether written or oral, made by us relating to or in connection with
the subject matter of these Terms.
56. If you have any questions, you can contact us via info@thecruiserstore.com.