Terms & Conditions
Welcome to our online store! Thank you for choosing to shop on the Remy Gardner Store. Here is where you will find any general terms and conditions regarding our store and any competitions or promotions run.
Motorsport Distributors Group and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. Please also review our Privacy Notice, which also governs your visit to our website, to understand our practices.
COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Motorsport Distributors Group or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Motorsport Distributors Group, with copyright authorship for this collection by Motorsport Distributors Group, and protected by Australian and international copyright laws. The software application provider and author for “wooCommerce”, is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for wooCommerce remains the intellectual rights of www.woocomerce.com.au
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Motorsport Distributors Group ON AN “:AS IS”: AND “:AS AVAILABLE”: BASIS. Motorsport Distributors Group MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Motorsport Distributors Group DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Motorsport Distributors Group DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Motorsport Distributors Group ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Motorsport Distributors Group WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE LAW By visiting Motorsport Distributors Group, you agree that the laws of the state of Victoria, Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Motorsport Distributors Group or its associates.
DISPUTES Any dispute relating in any way to your visit to Motorsport Distributors Group or to products you purchase through Motorsport Distributors Group shall be submitted to confidential arbitration in Victoria, Australia, except that, to the extent you have in any manner violated or threatened to violate Motorsport Distributors Groups intellectual property rights, Motorsport Distributors Group may seek injunctive or other appropriate relief in any state or federal court in the state of Victoria, Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Australian Arbitration Association. The arbitrators award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
ELECTRONIC COMMUNICATIONS When you visit Motorsport Distributors Group or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND SITE ACCESS Motorsport Distributors Group grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Motorsport Distributors Group. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Motorsport Distributors Group. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Motorsport Distributors Group and our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilising Motorsport Distributors Groups name or trademarks without the express written consent of Motorsport Distributors Group. Any unauthorised use terminates the permission or license granted by Motorsport Distributors Group. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Motorsport Distributors Group so long as the link does not portray Motorsport Distributors Group, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Motorsport Distributors Group logo or other proprietary graphic or trademark as part of the link without express written permission.
PRODUCT DESCRIPTIONS/INFORMATION Motorsport Distributors Group and its associates attempt to be as accurate as possible. However, Motorsport Distributors Group does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
PROMOTIONS/COMPETITIONS RUN All our promotions have a set of terms and conditions attached. These are specific to each promotion/competition and we ask that all of our customers view these prior to purchasing. These are able to be seen by clicking on the notification bar or link in the promotion/competition banner on the home page. When a promotion or competition is active, this will always be the first banner that pops up. It will state ‘T&C’s apply, click here to view’. When any customer clicks on the banner, the specific terms and conditions will always open in a new window, so if you have pop ups blocked, it may not open.
Any promotion run for a discount will always exclude the following products:
- Any listing that states PRE ORDER in the title or states that it is ‘available for back order’.
- Model cars (both in stock and pre order) unless specified
- Gift Vouchers
- Sale Items (ie. items already discounted)
Any promotional code can not be applied in conjunction with any other offers. There are no rain checks or lay buys available. Our promotional codes are only valid for online purchases.
If there are any instances where any items excluded from the promotions/competition being run have been purchased during the promotional period, customers will be contacted and advised there is a balance to pay in accordance with our T&C’s for the order to be processed.
Motorsport Distributors Group have the rights to cancel any order that is violation of any of the specific terms and conditions for that particular promotion/competition. Any other specific terms and conditions for any competitions/promotions being run are all visible by viewing the specific terms and conditions when applicable.
RISK OF LOSS All items purchased from Motorsport Distributors Group are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Motorsport Distributors Group. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
TRADEMARKS Motorsport Distributors Groups trademarks and trade dress may not be used in connection with any product or service that is not Motorsport Distributors Groups, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Motorsport Distributors Group. All other trademarks not owned by Motorsport Distributors Group or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Motorsport Distributors Group or its subsidiaries.
YOUR MEMBERSHIP ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Motorsport Distributors Group and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
If you have any questions about any of the above, please do not hesitate to email on email@example.com or call on 03 9459 9925 and our customer service team can chat to you more about them.