1. General
1.1. This website at
https://www.360autoparts.co.nz/ (the “Site”) is a shopping website where you can browse, select and order products advertised on the Site from Fasttrack Automotive Compliance 2006 Limited T/A 360 Auto Parts (“360 Auto Parts”, “us” or “we”).1.2. Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.1.3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2. Disclaimer
2.1. The information contained in this Site is provided in good faith on an "as is" basis. 360 Auto Parts does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, 360 Auto Parts is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site. However, 360 Auto Parts will endeavour to correct any inaccuracies on the Site once 360 Auto Parts becomes aware of them.2.2. Illustrations and photos contained in this Site are sample representation of the Products advertised, and variations may occur from time to time and from store to store.
3. Links
The Site may contain links to external websites that are not operated by us or our related bodies corporate. 360 Auto Parts does not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:3.1. we make no representations or warranties, or have any responsibility or liability for those websites;3.2. these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites; and3.3. you access and use the products and services made available at those sites solely at your own risk.
4. Intellectual Property
4.1. You:4.1.1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;4.1.2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and4.1.3. must not frame or embed in another website any of the material appearing on this Site without our prior written consent.4.2. You may:4.2.1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and4.2.2. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.4.3. This Site contains registered trademarks and other trade marks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
5. Viruses
5.1. 360 Auto Parts does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.5.2. You are responsible for scanning any information for viruses.5.3. You agree that 360 Auto Parts has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.5.4. If 360 Auto Parts is found to be liable this will be limited to the cost of supplying the information again.
6. Compliance with these Terms and Conditions
You agree to bound by, and comply with, these terms and conditions by:6.1. using the Site;6.2. completing your registration through the Site; and/or6.3. obtaining or ordering Products from us using the Site.
7. Changes to these Terms and Conditions
7.1. If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.7.2. Subject to clause 7.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
8. Registration
8.1. You may complete the customer registration process through the Site before placing an order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site.8.2. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.8.3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
9. Placing an Order for Products
9.1. You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.9.2. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.9.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.9.4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
10. Acceptance or Rejection of an Order
10.1. We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.10.2. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.10.3. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
11. Cancelling an Order by Us.
11.1. Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:11.1.1. the requested Products in that order are not available; or11.1.2. there is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or11.1.3. that order has been placed in breach of these terms and conditions.11.2. If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
12. Cancelling an Order by You.
12.1. Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation.12.2. If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.
13. Delivery of Products
Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, this period may be extended by up to 30 days by us and we will endeavour to provide you with reasonable notice of that extension.
14. Prices, Fees and Charges
14.1. Prices14.1.1. The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, 360 Auto Parts reserves the right to change prices at any time before we accept an order from you.14.1.2. All prices shown on this Site are in New Zealand Dollars(NZD).14.1.3. We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):14.1.3.1. the purchase price of each Product that is ordered;14.1.3.2. the delivery fee for delivering the Products to you; and14.1.3.3. any other fees and charges set out in these terms and conditions.14.1.4. All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).14.2. Price14.2.1. The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product.14.2.2. You acknowledge that we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site at our store or vice versa.14.3. Delivery Fees14.3.1. Delivery fee are payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order.14.3.2. If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.14.3.3. 360 Auto Parts currently ships orders to New Zealand addresses only.14.3.4. You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:14.3.4.1. special, non-stock and/or bespoke items;14.3.4.2. heavy, bulky and/or awkward items;14.3.4.3. express or urgent deliveries; or14.3.4.4. bulk or large quantity orders.
15. Your Obligations
You covenant and warrant that:15.1. all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;15.2. the person receiving the Products at the Delivery Address is authorised by you to do so;15.3. you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;15.4. you will ensure that your LoginID and password that is used to access the Site and the details of your account is kept in a safe and secure manner;15.5. you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;15.6. you will promptly advise us of any changes to your information provided to us as part of the customer registration process;15.7. you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;15.8. you are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;15.9. you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site;15.10. you will check the labels on the Products before consumption or use; and15.11. you will not:15.11.1.use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;15.11.2.use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;15.11.3.make fraudulent or speculative enquiries, purchases or requests through the Site;15.11.4.use another person’s details without their permission or impersonate another person when using the Site;15.11.5.post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;15.11.6.tamper with or hinder the operation of the Site;15.11.7.knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;15.11.8.use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;15.11.9.modify, adapt, translate or reverse engineer any portion of the Site;15.11.10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;15.11.11. reformat or frame any portion of the web pages that are part of the Site;15.11.12. create accounts by automated means or under false or fraudulent pretences;15.11.13. use the Site to violate the security of any computer or other network or engage in illegal conduct;15.11.14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;15.11.15. use the Site other than in accordance with these terms and conditions; or15.11.16. attempt any of the above acts or engage or permit another person to do any of the above acts.
16. Trade Account
16.1. Agreement: This Application for Credit and these Terms of Trade are the entire Agreement between Fasttrack Automotive Compliance 2006 Limited (T/A 360 Auto Parts), the customer (Customer), and the guarantors (if any) (Guarantors) for the supply of Goods (Goods) or equipment (Equipment) to the Customer (Agreement). All other express or implied terms and conditions do not form part of this Agreement. This Agreement applies to every purchase of Goods made by or on behalf of the Customer and the supply of Equipment to the Customer.16.2. Price: The price of the Goods will be as advised in writing by 360 Auto Parts from time to time. 360 Auto Parts reserves the right to alter the price of the Goods at any time. The price for the Goods shall be the price as at the time the Customer places its order for the Goods.16.3. Payment: The Customer must pay the price of the Goods, together with any associated delivery or other charges and GST, to 360 Auto Parts by the 20th day of the month following the date of invoice for those Goods. All payments are to be made in full without any deduction or set-off. All overdue accounts are to bear interest at 360 Auto Parts’ sole discretion. If charged, interest is payable at the rate of 2% per month calculated on a daily basis from the due date until the time of actual payment but without prejudice to 360 Auto Parts’ other rights and remedies in respect of any default. 360 Auto Parts may suspend delivery of Goods while the Customer is default. The Customer is to pay to 360 Auto Parts any expenses, disbursements and legal costs incurred by 360 Auto Parts in the enforcement of any rights contained in this Agreement, including any reasonable solicitor’s fees or debt collection agency fees.16.4. Credit Limit: 360 Auto Parts may impose a credit limit on the Customer’s account and may change that credit limit from time to time without prior notice.16.5. Orders: On placing an order the Customer will be deemed to have accepted these terms and conditions. All orders from the Customer are to be made in writing and will be confirmed in writing by 360 Auto Parts.16.6. Delivery: Delivery will be made to the Customer’s delivery address as previously agreed by the parties. 360 Auto Parts is not liable for any direct or indirect consequences of delay in delivery. Any time for delivery given by 360 Auto Parts shall be approximate only and will not be an essential term of this Agreement. The Customer will do all things necessary to enable the quick delivery of the Goods including providing access to the Customer’s premises between the hours of 9am to 5pm, Monday to Saturday. Unless the parties otherwise agree, the cost of delivery is to be met by the Customer.16.7. Risk: All risk of loss of, or damage to, the Goods passes to the Customer on delivery of the Goods to the Customer. The Customer shall keep the Goods insured until payment has been provided to 360 Auto Parts.16.8. Returns: Once the Customer has accepted delivery of the Goods, no returns to 360 Auto Parts will be accepted.16.9. Faulty Goods: If the Customer believes that it has been supplied with faulty Goods then the Customer must advise 360 Auto Parts within 14 days of the fault being identified. 360 Auto Parts will then collect the Goods or arrange for its collection form the Customer and will assess the Goods and determine whether they are faulty. If in the opinion of 360 Auto Parts or its agent the Goods returned are faulty Goods then 360 Auto Parts will at its option replace the faulty Goods or pay or credit compensation to the Customer or its account an amount not exceeding the purchase price of the Goods.16.10. Limitation of Liability: Except as provided in this Agreement, 360 Auto Parts is not to be liable in any way (including liability for negligence or otherwise in tort or in equity) to the Customer or to any person in connection with the Goods supplied or not supplied or the exercise of 360 Auto Parts’ rights under this Agreement. In particular, but without limitation, 360 Auto Parts (and its agents) will not be liable for any loss of income, profits, savings or goodwill or for any indirect or consequential loss or damages. 360 Auto Parts is not liable for delay or failure to perform its obligations under this Agreement if the cause of that delay is beyond its control. In the event that 360 Auto Parts is found liable, its liability will not exceed the value of the Goods complained of.16.11. Equipment: 360 Auto Parts may provide Equipment for the Customer’s use in conjunction with the Goods during the term of this Agreement. The Customer’s only right to the Equipment is the right to use it only in conjunction with the Goods for the purposes of this Agreement and the Customer holds the Equipment as bailee only unless otherwise agreed in writing with 360 Auto Parts. The Customer must ensure that the Equipment is maintained in good order and repair at all times and the Customer will be liable to 360 Auto Parts for any loss or damage to the Equipment or any other loss caused to 360 Auto Parts as a result of the Customer’s use or negligent treatment of the Equipment.16.12. Retention of Title and Security Interest: 360 Auto Parts retains all property, title or ownership in any Goods or Equipment supplied to the Customer until payment is made in full for those Goods and the Equipment is returned. Until Ownership has passed to the Customer, the Customer will store the Goods in the Equipment so that they are clearly identified as the property of the 360 Auto Parts. The Customer grants to 360 Auto Parts a purchase money security interest in all Goods supplied, and a security interest in all Equipment supplied, either to enable the Customer to acquire rights to the Goods or to secure all obligations of the Customer under this Agreement. The Customer agrees at its own cost to take all steps necessary and to provide 360 Auto Parts with all the information necessary to register, maintain and if necessary enforce a financing statement over the Goods or Equipment or their proceeds and will advise 360 Auto Parts immediately in writing of any changes to its name or other relevant information. The Customer waives any right to receive a copy of verification statement of any financing statement. 360 Auto Parts may require the Customer to pay all reasonable costs, including legal costs, associated with the discharge or amendment of any financing statement registered by 360 Auto Parts, whether or not the change was initiated by the Customer.16.13. Vendor Warranties: For the purposes of section 43 of the Consumer Guarantees Act 1993 (CGA) and section 5D of the Fair Trading Act 1986 (FTA), the parties agree that the Goods are being supplied and acquired in trade and so the CGA and sections 9, 12A, 13 and 14(1) of the FTA have been contracted out of to the extent permitted by law and shall not apply to the supply of the Goods. The warranties and any liability implied under the Sale of Goods Act 1908 (SGA) are expressly excluded under section 56 of the SGA.16.14. Assignment: Neither the Customer nor the Guarantors may transfer any right or benefit under this Agreement. 360 Auto Parts may transfer its rights and obligations under this Agreement including the right to exercise its security interests, recover unpaid Goods and Equipments from the Customer’s premises and collect outstanding payments from the Customer.16.15. Termination: Either party may terminate this Agreement at any time and for any reason by giving the other party notice of that intention in writing. Upon termination of the Agreement, all indebtedness of the Customer to 360 Auto Parts is immediately due and payable and the Customer is to return (or allow collection of) all property including the Equipment belonging to the 360 Auto Parts.16.16. Information: The Customer irrevocably authorises 360 Auto Parts to obtain from or to provide to any third party any information about the Customer as may be required by 360 Auto Parts in connection with its lawful commercial purposes including, without limitation, in determining whether to extend credit to the Customer.16.17. Guarantee: In consideration of 360 Auto Parts supplying the Goods to the Customer, the Guarantor jointly and severally, irrevocably and unconditionally guarantee the punctual payment of all amounts payable by the Customer to 360 Auto Parts and the punctual performance of all the Customer’s obligations to 360 Auto Parts. The Guarantors acknowledge that they have been advised to obtain independent legal advice prior to signing this Agreement and have been given a reasonable time to do so.16.18. Notices: Every notice given under the terms of this Agreement will be sufficiently given if delivered personally, posted, emailed, or faxed to the intended recipient at his/her/its last known email address, or facsimile number, or residential address or to the last known email address or facsimile number of that business, or to the last known email address.16.19. Miscellaneous: 360 Auto Parts may in its absolute discretion change this Agreement at any time by sending at least 30 days’ notice in writing of the change to the Customer’s last known address. 360 Auto Parts shall not be deemed to have waived any right to do anything unless that waiver is in writing and signed by an authorised manager of 360 Auto Parts. The illegality, in-validity or unenforceability of any term of this Agreement is not to affect the legality, validity or enforceability of any other term. To the best of the Customer’s knowledge and information, the Customer confirms that none of the Goods or Equipment supplied under the Agreement is used, either directly or indirectly, to benefit any known criminal or criminal organisations, or for their criminal purposes. Any electronic copy of this Agreement may be relied upon by the other party as though it were an original copy.
17. Termination and/or Suspension of Account
17.1. We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions and:17.1.1. the breach cannot be remedied; or17.1.2. you fail to the remedy the breach within 10 days of our notice to you of that breach; or17.1.3. if there is an emergency.17.2. You may stop using the Site at any time and for any reason.17.3. We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered is no longer available or we are prevented from supplying the Products, in which case, we will notify you and valid payments will be returned in accordance with these terms and conditions.
18. "How-To Guide" Content
18.1. You acknowledge that the video clips and photographs contained in this Site may depict activities undertaken by qualified and highly trained professionals and/or experts.18.2. You agree not to attempt to replicate any activities shown on this Site unless you have:18.2.1. checked the service information and specification for the specific Product, vehicle or system that you are using or working on as the correct method may be different to any generic example shown in this Site;18.2.2. obtained advice from the relevant qualified experts, tradespeople and/or professionals;18.2.3. complied with all applicable laws, regulations and by-laws; and18.2.4. employed safe practices for carrying out the activities.18.3. The film and text transcript in this website are intended to be an information source only. Fasttrack Automotive Compliance 2006 Limited T/A 360 Auto Parts makes no statements, representations or warranties about the accuracy or completeness of the films and the text transcript.18.4. Subject to applicable laws, Fasttrack Automotive Compliance 2006 Limited T/A 360 Auto Parts does not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this website and its contents (including but not limited to the films and the information in any films or text transcript being inaccurate or incomplete in any way, and for any other reason).18.5. The films in this website may be used or reproduced in whole for non-commercial and/or personal use provided that any reproduction is unaltered and that an attribution of the source is included. The film may not be altered, built upon or transformed. All information on this website is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection laws in New Zealand and other countries, including but not limited to the Copyright Act 1994 and through international treaties. Apart from any use that is permitted under the Copyright Act 1994, all rights are reserved.
19. General Provisions
19.1. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.19.2. This agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of that place.
20. Privacy Policy and Your Personal Information
Refer to the Privacy Policy, which form part of these terms and conditions.
21. Definitions
21.1. Capitalised terms used are defined in these terms and conditions. In these terms:21.2. “GST” has the meaning it has in the Goods and Services Tax Act 1985. and any ancillary legislation relating to the imposition of goods and services tax.21.3. “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.21.4. “LoginID” means the email address that you provided to us as part of the registration process to use the Site.21.5. “Product’ means each good or service that is advertised on the Site.
