LSH Auto (Melbourne) Pty Ltd
ABN 77 618 554 635

1. Application

These Terms and Conditions (Terms) apply to all transactions involving the supply of products by LSH Auto (Melbourne) Pty Ltd (we, us, our) to you through our website.

By placing an order with us, you accept and agree to be bound by these Terms.

From the time that we accept your order, a contract will be formed between us and you for the supply of the products ordered by you consisting solely of these Terms and any other written terms published on our website (including our website terms of use available at https://www.lshauto.com.au/disclaimer.

We may reject any order in our sole discretion for any reason, including if the ordered product is not available, if there is any error in the pricing on our website, or if there is any error in the description of the products.  If we reject an order, we will endeavour to notify you of that rejection as soon as reasonably practicable.

No terms or conditions sought to be imposed by you (including any that are incorporated into a tender, offer, counteroffer or proposal made by you) will apply, unless expressly accepted in writing by us.

You may not cancel or vary an order that we have accepted without our written consent.

By placing an order, you warrant that you are over 18 years of age.  If we become aware that you are not over 18 years of age, we may terminate these Terms and cancel your order immediately.

2. Supply

We will supply the ordered products materially in compliance with the description of the relevant products set out on our website.

Upon delivery of the products, we recommend that you inspect the products and notify us immediately if the products or their packaging appear to have been damaged during transit and/or if the products do not appear to match the details of your order.  The return of any products will be dealt with in accordance with clause 5 of these Terms.

Title and risk of loss or damage to any products will transfer to you upon delivery of the products to the address specified in your order in accordance with these Terms.

3. Prices and payment

We will charge you, and you agree to pay, the amounts set out on our website for the relevant products as at the time of the order, as well as any other fees and charges (such as delivery fees) set out on our website.

All prices listed on our website are displayed in Australian Dollars and are inclusive of GST unless otherwise stated.

Once you have placed the order, the payment will be processed through a third-party secure payment provider.  You will receive an electronic receipt when your payment has been processed, and we recommend that you check this receipt to ensure that it accurately reflects your order.

If we cancel or reject your order after your payment has been processed, we will refund all amounts paid within 10 business days.

4. Shipping and delivery

You must pay such amounts for shipping as stated on our website when you place an order.  Such amounts will be added to the amounts payable for the products ordered.

We will use our reasonable endeavours to adhere to any stated delivery requirements and time frames in respect of the supply of those products, however we will not be liable should all or any part of the ordered products not be delivered by or on the agreed date, and late delivery of any products will not entitle you to rescind or terminate these Terms.

A signature may be required on delivery.  If the recipient is not available at the time of delivery, the products ordered may be left at the nearest post office or freight depot for collection in accordance with the terms or practices of that post office or freight depot.  If the products are not collected within 10 business days, or such other time frame notified to you, the products may be returned to us.

We are not liable if an incomplete or incorrect address is listed by you in your order.  If the address is incorrect and the products are delivered to an incorrect address, we will not be obliged to issue you a refund if the goods are lost.  If the address is incorrect and the products cannot be delivered, and are returned to us, then you may be required to pay an additional delivery or shipping charge for the products ordered to then be sent to the correct address.

5. Refunds and returns

If you are not completely satisfied with your order, we request that you contact us and we will endeavour to resolve your complaint.  However, we are under no obligation to accept returns for change of mind or your personal preference.

You must notify us within 3 Business days of delivery if products are delivered with damage or the products delivered do not match your order, otherwise the products will be deemed to have been delivered correctly and without damage.  We will accept returns of products that are faulty, wrongly described, or otherwise breach any consumer guarantees that may apply.  Where we agree that a product is to be returned, we will contact you to discuss collection or return arrangements.  Prior to collection, you must store the product in a safe and proper manner.

Where we have agreed to provide a refund for a product that is returned, the refund will be paid to you within [30 days] after we have received the returned product.  Unless we otherwise agree, delivery or shipping charges will not be refunded.

This clause 5 is subject to your rights under clause 6.

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 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.

STOCK ITEMS – 10% handling charge is applicable for goods returned more than 7 days but not more than 14 days after purchase. Stock items will not be accepted for credit after 14 days.

NON-STOCK ITEMS – 10% handling charge is applicable for goods returned within 7 days after purchase. Non-stock items will not be accepted for credit after 7 days. No item with an invoiced value of less than $50 will be accepted for credit.

The following items will not be accepted for return and credit: electrical goods, trim materials, goods which have incurred overseas airfreight, goods manufactured or purchased specifically to meet the customer’s order or specification, or used, altered or damaged goods.

No credit will be given unless the goods are returned at the customer’s cost, in their original undamaged packaging and the original invoice number is supplied.

6. Liability

Nothing in these Terms operates to exclude, limit or modify the application of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would be unlawful, contravene that statute or cause any part of this clause to be void.

No party will be liable for any indirect, special, incidental, economic or consequential loss or damage, or any loss of revenue, income, profits, data, goodwill, business, opportunities or anticipated savings, arising out of, in relation to or in connection with these Terms or the supply of any products by us, including without limitation, lost profits or damage suffered as a result of claims by any third person.

Subject to the above and to the extent permitted by law, we:

exclude all terms, conditions, warranties and guarantees implied or imposed by statute, law or other source external to these Terms (including as to the description, merchantable quality or fitness for purpose of any products);

except for liability expressly assumed under these Terms, exclude all liability whatsoever, whether under statute, contract, for negligence or other tort, or otherwise, arising out of, in relation to or in connection with these Terms, the products or the use of the products; and

limit any liability which cannot be excluded or limited under the other provisions of this clause to, at our option, in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again, or in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods or of acquiring equivalent goods or having the goods repaired.

We will have no liability caused by any act or omission of any third-party service provider or contractor, or any other matter or circumstance beyond our reasonable control.

7. Intellectual property

Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership of, or licence rights to, any copyright or other intellectual property rights unless otherwise expressly stated.

You acknowledge and agree that:

our website and its content, product brands, trade marks, logos, labels and associated get-up (IP) is protected by copyright and other intellectual property laws and treaties;

all intellectual property rights subsisting in or in connection with the IP belong or are licensed to us; and

you will not obtain any title to (and these Terms will not in any way transfer or assign to you) any part of the IP.

8. Security

We take reasonable precautions to protect data you submit through our website from loss, misuse and from any unauthorised access, disclosure or modification.  However, we do not warrant, and we are not liable to you, if data you submit through our website is lost, misused or accessed, disclosed or modified by a person not authorised to do so.  You acknowledge that you use our website at your own risk.

You agree that we may use data in relation to your use of our website to support or improve our website and to assist us to provide services to you and other customers.

You acknowledge that we have no liability for any loss of any data and that it is your responsibility to safeguard any data.

9. Complaints

We take customer service matters very seriously, and if you have any complaints we ask that you please contact our team at customerexperience@mbmelbourne.com.au.

10. Miscellaneous

These Terms constitute the entire agreement between the parties about its subject matter and supersedes all previous representations, understandings and agreements in connection with that subject matter.

If a provision of these Terms is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms.

These Terms will be governed by and construed in accordance with the laws of Victoria and the parties submit to the exclusive jurisdiction of the Victorian courts and any courts which have jurisdiction to hear appeals from those courts.