Terms of service

1. Overview

This website is operated by Wonthaggi Motorcycles & Power Equipment.

Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Wonthaggi Motorcycles & Power Equipment.

These Terms of Service apply to your use of our website and online store, including purchases of products and services made through the website.

By accessing our website, placing an order or purchasing from us, you agree to these Terms of Service together with any other policies referred to on our website.

If you do not agree with these Terms of Service, you should not use our website or place an order through our online store.

Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law (ACL) that cannot lawfully be excluded, restricted or modified.

2. Our Products

Wonthaggi Motorcycles & Power Equipment sells a range of products which may include:

Motorcycles.
ATVs and side-by-side vehicles.
Mowers and outdoor power equipment.
Motorcycle parts and accessories.
Power equipment parts and accessories.
Riding gear and apparel.
Helmets and protective equipment.
Oils, lubricants and workshop products.
Batteries and electrical products.
Other related products and equipment.

Not all products displayed on our website will necessarily be available for online delivery.

Certain motorcycles, vehicles, machinery, dangerous goods and large or bulky products may require in-store collection or separately arranged freight.

3. Online Store Use

By using our online store, you agree to provide current, complete and accurate information when placing an order.

You must not use our website or products for any unlawful or prohibited purpose.

You must not attempt to interfere with the operation, security or functionality of our website.

We reserve the right to refuse or cancel an order where reasonably necessary, subject to applicable law.

4. Product Information

We make reasonable efforts to ensure product descriptions, specifications, images, prices and other information displayed on our website are accurate.

However, manufacturers and suppliers may change specifications, designs, colours, components, model availability or other product details without notice.

Product images are provided for illustrative purposes and may show optional accessories, overseas models, alternative colours or equipment that is not included with the product being sold.

If a particular specification, feature or compatibility requirement is important to your purchase, please contact us before ordering.

5. Parts & Accessories Compatibility

It is the customer's responsibility to ensure that parts and accessories are suitable for their particular motorcycle, ATV, side-by-side, mower, power equipment or other vehicle/equipment before purchasing.

Compatibility may vary according to model, model year, variant, serial number, VIN or other specifications.

If you are unsure whether a product will fit your vehicle or equipment, please contact us before placing your order.

Where possible, we are happy to assist in identifying the correct product.

However, customers should provide accurate vehicle or equipment information when requesting compatibility assistance.

6. Prices

Unless otherwise stated, all prices displayed on our Australian website are in Australian dollars (AUD).

Where required by law, displayed consumer prices include applicable GST.

Prices may change without notice.

A change in price will not ordinarily affect an order that we have already accepted, except where there has been an obvious pricing or system error or where otherwise permitted by law.

7. Pricing & Website Errors

We make reasonable efforts to ensure pricing and product information are correct.

Occasionally, errors may occur due to incorrect supplier information, data entry, website issues or other circumstances.

If we discover a material pricing or product information error after you place an order, we may contact you before processing the affected item.

Depending on the circumstances, we may offer you the opportunity to proceed at the correct price or cancel the affected item and receive a refund of any amount already paid for that item.

Nothing in this section limits your rights under Australian Consumer Law.

8. Orders

Placing an order through our website does not necessarily mean that your order has been accepted.

After receiving your order, we may need to confirm:

Product availability.
Pricing.
Payment.
Delivery availability.
Freight costs.
Product compatibility where relevant.
Any special-order requirements.

We reserve the right to decline or cancel an order where reasonably necessary, including where a product is unavailable, there is a material pricing error, payment cannot be processed, fraud is reasonably suspected, or delivery cannot reasonably be arranged.

If we cancel an order after payment has been received, we will refund the applicable amount unless another arrangement is agreed with you.

9. Product Availability

Stock levels and availability may change quickly.

A product being displayed as available on our website does not guarantee that it is immediately available for dispatch or collection.

Some products may need to be sourced from our suppliers or manufacturers.

If an ordered product is unavailable, we will contact you to discuss the available options.

10. Special Orders

Some products and parts may need to be specially ordered from a manufacturer, distributor or supplier at the customer's request.

These products will be treated as special orders.

All special orders are final and cannot be returned or exchanged for change of mind.

Before placing a special order, customers should carefully confirm the product, part number, size, colour, application and compatibility.

Nothing in this section excludes or limits any rights you may have under Australian Consumer Law where a product is faulty or otherwise fails to meet an applicable consumer guarantee.

11. Payments

Payment must be made using one of the payment methods available through our website or otherwise agreed with us.

Available payment methods may change from time to time.

Orders may not be dispatched or released for collection until the required payment has been successfully processed or otherwise agreed.

12. Buy Now, Pay Later Services

We may offer third-party payment services such as Afterpay or Zip.

These payment methods are provided by independent third-party providers and are subject to their own eligibility requirements, terms, fees, limits and conditions.

Approval for a Buy Now, Pay Later service is determined by the relevant provider and not by Wonthaggi Motorcycles & Power Equipment.

Using one of these services may create a separate agreement between you and the payment provider.

Our normal Refund & Returns Policy and your Australian Consumer Law rights continue to apply to products purchased using these payment methods.

13. Deposits

Some motorcycles, vehicles, machinery, special orders or other products may require a deposit.

Any specific deposit conditions will be communicated at or before the time the deposit is taken.

Where a deposit is stated to be non-refundable, this will apply only to the extent permitted by Australian law and having regard to the circumstances of the transaction.

14. Shipping & Delivery

Shipping and delivery are governed by our Shipping & Delivery Policy.

Delivery times displayed or provided are estimates unless expressly stated otherwise.

Shipping charges may vary depending on the product's size, weight, destination and freight requirements.

Big and bulky products and dangerous goods may incur additional charges or require specialised freight arrangements.

Certain products may not be available for delivery to all locations.

15. Click & Collect

Where Click & Collect is available, customers should wait until they have received confirmation that their order is ready before travelling to our store.

We may request proof of purchase and identification before releasing an order.

Collection is available from:

Wonthaggi Motorcycles & Power Equipment
48/52 Inverloch Road
Wonthaggi VIC 3995

16. Returns, Exchanges & Refunds

Returns, exchanges and refunds are handled in accordance with our Refund & Returns Policy and Australian Consumer Law.

Change-of-mind returns are subject to the conditions contained in our Refund & Returns Policy.

Special-order products cannot be returned for change of mind.

17. Faulty Products & Consumer Guarantees

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.

Depending on the circumstances and the nature of the failure, you may be entitled to remedies including a repair, replacement or refund.

Nothing in these Terms of Service is intended to exclude, restrict or modify a consumer guarantee, right or remedy that cannot legally be excluded.

18. Manufacturer Warranties

Some products may be supplied with a manufacturer's warranty.

Manufacturer warranty periods and conditions vary between products and manufacturers.

A manufacturer's warranty is in addition to, and does not replace, any rights or remedies you may have under Australian Consumer Law.

19. Promotions & Discount Codes

From time to time, we may offer promotions, discount codes, competitions, bonus products, store credit or other special offers.

Individual promotions may have additional terms and conditions, including:

Start and end dates.
Eligible products.
Excluded products or brands.
Minimum purchase requirements.
Stock limitations.
One use per customer or order.
In-store or online-only restrictions.

Unless otherwise stated, promotions are subject to availability and may not be used in conjunction with another offer.

Nothing in promotional terms limits your rights under Australian Consumer Law.

20. Gift Cards & Store Credit

Gift cards and store credits may be subject to separate conditions, expiry requirements and restrictions as permitted by Australian law.

Gift cards and store credits generally cannot be exchanged for cash except where required by law.

21. Dangerous Goods

Certain products, including some batteries, oils, aerosols, chemicals and other regulated goods, may be classified as dangerous goods.

These products may be subject to additional freight restrictions, charges and delivery timeframes.

We may be unable to deliver certain dangerous goods to particular locations.

Please refer to our Shipping & Delivery Policy for further information.

22. Motorcycles, Vehicles & Power Equipment

Motorcycles, ATVs, side-by-sides, ride-on mowers and other large equipment may be subject to additional purchase, registration, licensing, freight, assembly, pre-delivery or collection requirements.

Advertised vehicle and equipment prices may be subject to specific conditions identified in the relevant product listing or promotion.

Customers should confirm what is included in an advertised price before purchasing.

23. Website Content

The information contained on our website is provided for general information and purchasing purposes.

While we make reasonable efforts to maintain accurate information, website content may occasionally contain errors or become outdated.

For further information, please refer to our Legal Notice.

24. Third-Party Links & Services

Our website may contain links to third-party websites, manufacturers, payment providers, finance providers, freight companies or other services.

We are not responsible for the content, availability, security or privacy practices of third-party websites or services that we do not control.

Your use of third-party services may be subject to separate terms and conditions.

25. Intellectual Property

Unless otherwise stated, content created by or for Wonthaggi Motorcycles & Power Equipment, including website text, graphics, branding and design elements, is owned by or licensed to us.

Manufacturer trademarks, logos, product photographs and other intellectual property remain the property of their respective owners.

You must not reproduce or commercially use website content without appropriate permission.

26. Privacy

Personal information collected through our website is handled in accordance with our Privacy Policy and applicable Australian privacy laws.

Third-party payment and service providers may also collect and process information under their own privacy policies.

27. Limitation of Liability

To the maximum extent permitted by law, Wonthaggi Motorcycles & Power Equipment excludes liability that may lawfully be excluded.

We do not exclude, restrict or modify any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under Australian Consumer Law or other applicable legislation.

28. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes to our website, products, services, business practices or legal requirements.

The current version will be published on our website.

Changes will apply from the effective date of the updated Terms and will not retrospectively alter rights that have already arisen unless permitted by law.

29. Governing Law

These Terms of Service are governed by the laws applicable in Victoria, Australia.

Nothing in this section limits any rights you may have under applicable Australian consumer protection laws.

30. Other Store Policies

These Terms of Service should be read together with our other applicable policies, including our:

Refund & Returns Policy.
Shipping & Delivery Policy.
Privacy Policy.
Legal Notice.
Any specific promotional or product terms displayed at the time of purchase.

If there is an inconsistency between these Terms and a specific term provided for a particular promotion, product or transaction, the more specific term will apply to the extent permitted by law.