Terms and Conditions

TERMS AND
CONDITIONS

Conditions of Use:

1. Copyright

You should assume that everything you see or read on the Site is the subject of copyright, unless otherwise noted and may not be used except as provided in these terms and conditions or in the text on the Site without the written permission of Toptyres. Toptyres neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Toptyres.

Our direct relationships with the largest tyre manufacturers and our commitment to on-going training help us to provide quality products at competitive prices with a dedication to excellent customer service.

The key to our success is customer satisfaction while maintaining strong and mutually beneficial relationships with our customers.

2. Accuracy

While Toptyres uses reasonable efforts to include accurate and up-to-date information on the Site, Toptyres makes no warranties or representations as to its accuracy. Toptyres assumes no liability or responsibility for any errors or omissions in the content on the Site. Changes may be periodically made to these web pages and these changes may be incorporated without notice.

3. Disclaimer and Liability

Your use and browsing of the Site is at your risk. Neither Toptyres nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, the material on this site is provided to you on an “as is” basis, and Toptyres disclaims all warranties and conditions, express or implied, to the fullest extent to which these warranties and conditions can be excluded under the Trade Practices Act 1974 or any other applicable law. If any condition or warranty is implied into these Terms and Conditions under any applicable law, and cannot be excluded, Toptyres’s liability for breach of the condition or warranty will be limited to one or more of the following as determined by Toptyres in its absolute discretion: in the case of goods, the replacement or repair of the goods or payment of the cost of the replacement or repair of the goods; or in the case of service, the resupply or payment of the cost of resupplying the services. Toptyres also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or any other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.

4. Comments, communications and other content

You warrant that any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is non-confidential and non-proprietary, and otherwise does not breach any law. You will indemnify Toptyres and keep Toptyres indemnified from and against all claims, losses, damages, injury and expenses (including legal expenses) which Toptyres may suffer or incur or have made against it arising out of or in respect of a legal breach of this warranty. Anything you transmit or post may be used, without compensation to you, by Toptyres or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Toptyres is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

5. Images

Images of people or places displayed on the Site are either the property of, or used with permission by, Toptyres. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate copyright, trademark, privacy and communications laws.

6. Trade Marks

The trade marks and logos (collectively the “Trade Marks”) displayed on the site, including those listed below, are registered and unregistered trade marks of Toptyres and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Trade Mark displayed on the Site without the written permission of Toptyres or such third party that may own the Trade Marks displayed on the Site. Your misuse of the Trade Marks displayed on the Site, or any other content on the site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Toptyres will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

7. Other Sites

Toptyres has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

8. Content Liability

Although Toptyres may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Toptyres is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Toptyres may at any time either amend or remove any posting by you onto the Site. Toptyres will fully cooperate with any law enforcement authorities or court order requesting or directing Toptyres to disclose the identity of anyone posting any such information or materials.

9. Revision Terms and Conditions

Toptyres may at any time revise these Terms and Conditions by updating this posting. Your continued use of this Site after a revised set of Terms and Conditions has been posted will constitute acceptance of the revision and the revised Terms and Conditions will govern your access to and use of the Site. You should therefore periodically visit this page to review the then current Terms and Conditions.

Conditions of Sale:

10. Our Contract

When you place an order to purchase the product(s) from us, we will send you a message confirming receipt of your order and containing the details of your order. The order confirmation is an acknowledgement that we have received your order and does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale to buy the product(s), when we dispatch the product(s) to you and send an email/message. Your contract for sale is with Toptyres Australia Pty Ltd 490 Boundary Rd Archerfield QLD 4108.

11. Cancellation of an order

You can cancel an order for a product at no cost any time before we send the shipment confirmation relating to that product. If you wish to cancel an order outside of business hours email online@toptyres.com.au, during business hours you can contact us by phone 1800 867 897 or by email online@toptyres.com.au.

12. Returns Policy

You can return unfitted and unused products sold by Toptyres within 14 days of receipt of delivery for a full refund of the product cost of the item excluding freight costs. If a product is faulty or is damaged when you receive the product return the product as above contact outside business hours by email online@toptyres.com.au or during business hours by phone 1800 867 897 or email online@toptyres.com.au.

13. Warranty

All products that are purchased from Toptyres have a 1-year prorata warranty regarding faults or defects resulting from manufacturing. Damage caused by fitting, disassembling or balancing, or improper usage of the Products are not covered by the warranty. All products sold by Toptyres are also covered by manufactures warranties. Each manufacturer has different policies. email online@toptyres.com.au for details of a specific manufacturer’s warranties.  

For any warranty claims, the buyer must first have the tyres returned to Toptyres for inspection to determine if the issue is due to manufacturing. If the inspection determines there is a manufacturing issue, compensation will be evaluated from the remaining tread of the tyres, and in the terms of a replacement, or partial refund, which will be determined after inspection.13. Statutory Rights and Remedies

Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.

14. Pricing and Availability

All prices are inclusive of GST.

We do not list availability information for products sold by us on the website including on each product information page. Where the products are not available the following wording will show “Not Available”. If the products ordered are low the following message will appear “Limited stock available, please contact Toptyres customer care during business hours on 1800 867 897 or email online@toptyres.com.au” to validate your order.

15. Shipping and Returns

Delivery Times

Deliveries usually take between 1 and 7 business days, depending on your location and the products purchased.

Shipping Cost

Shipping costs vary based on the products and area of delivery. Shipping costs will appear on the Shopping Cart page, so you can see the costs before any payment is made.

Order Confirmation

Once you have purchased a product, you will receive a confirmation email with the product details. If the product is on low stock, you will receive an email from Toptyres advise actual stock available and or lead time for new stocks. No payment is made in this instance.

Click n Collect

Currently we offer Click n Collect. Click n Collect is available depending on stock availability, provided the selected product is available in our warehouse in your desired state.

Authority to Leave (ATL)?

We highly recommend a signature required delivery as Toptyres cannot be held liable for any parcels which go missing when the “Authority to leave” has been requested.

When “Authority to leave” is requested, the parcel will be left at the front door of the property or a safe location around the property. No signature will be required for delivery to take place. When this option is selected, Toptyres cannot be held liable for stolen or missing parcels. The customer is accepting full responsibility of the safe delivery of this parcel when selecting “Authority to leave” on an order.

Please be aware that on some occasions, if the delivery driver does not feel there is a safe location to leave the parcel unattended, they may leave a collection card and drop this at the most local depot for collection – this is completely up to the discretion of the driver

Shipping restrictions

There may be shipping restrictions depending on your postcode. For further information please contact us by phone 1800 867 897 or by email online@toptyres.com.au.

Cancellation of an order

You can cancel an order for a full a full refund any time before your product has been shipped. If you wish to cancel an order you can contact us by phone 1800 867 897 or by email online@toptyres.com.au.

Once order has been confirmed as not shipped a refund will be issued.

Refunds will be issued in the same manner in which they were originally paid.

We will notify you via email when we have processed your refund.

Returns Policy

Our promise – 14 day money back guarantee

If you’re not completely satisfied with your new Toptyres purchase, you are welcome to return it to us at your own cost for a refund of the product value (freight charges will not be refunded).

The product must be unused and unfitted in its original packaging.

Your rights under this change-of-mind policy are in addition to any rights you have under consumer laws.

For change of mind returns please call 1800 867 897 or email online@toptyres.com.au within 14 days of receipt to obtain a return authorisation number.

Goods will not be accepted back without a return authorisation number.

Postage must be paid by the returnee and will not be refunded.

Please allow 10-14 days for us to receive and process your request.

We will notify you via email when we have received your return item.

Refunds will be issued in the same manner in which they were originally paid.

Incorrect Order upon Arrival

if your order is incomplete or incorrect please contact us on 1800 867 897 or email online@toptyres.com.au

Damaged/Faulty Goods

If your order arrives damaged or faulty please contact us on 1800 867 897 or email online@toptyres.com.au.

16. Delivery Times

Unless otherwise stated on the website, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such. Where estimated delivery times apply, you are still entitled to have the products sent to you within a reasonable time.

17. Disclaimer and Liability

Unless otherwise stated in writing, Toptyres will not be responsible for (1) any loss caused by the unavailability of any product, (2) losses that were not caused by any breach on our part, (3) any business loss , loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure, (4) any indirect or consequential losses, or (5) any delay or failure to comply with our obligations under these conditions If the delay or failure arises from any clause which is beyond our reasonable control.

Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-executable right or remedy.

18. Amendments

We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our listings at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products from us.

19. Our Contact Details

Our contact details are:

Toptyres Australia Pty Ltd

490 Boundary Rd, Archerfield, QLD Australia 4108

All enquiries – 1800 867 897

Email – online@toptyres.com.au