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Our Terms and Conditions

M.D. Spares’s (“M.D. Spares”, “we”, “us”) website (our “site”) and related services are made available to you in accordance with the following Terms of Use & Service (collectively, the "TOS"), and any other rules posted on our site. Please read the TOS carefully before placing any orders on www.mdspares.com.au. We recommend you should keep a copy of the TOS for future reference.


M.D. Spares is a specialty division of M.D. Spares Pty Ltd.  is a registered logo of M.D. Spares Pty Ltd, a company registered in Australia under the Australian Business Number (A.B.N) 61 103 069 709. Our registered address is 4 Horscroft Place, Moorabbin, Victoria, Australia 3192.


In accessing this website you agree to be bound by the following terms and conditions. You should review each section relating to the use of this website and if you do not accept any terms and conditions you should exit the site immediately. 
 

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about M.D. Spares’s Privacy Policy before you register to use this site. However we reserve the right to only accept orders from those over 18 years of age.


You may view the material in this site and access material contained therein, however this use must be strictly in accordance with these terms and conditions.
 


ORDERS

All orders are subject to acceptance and availability; items in your shopping cart are not reserved and may be purchased by other customers.

M.D. Spares offers products for sale that are in stock and generally available for immediate dispatch from our warehouse. Occasionally however, we may be waiting for shipments, or in rarer circumstances a special order may need to be placed with our suppliers. If the item you are after is listed as “Out Of Stock”, contact us so that we can inform you of the estimated time of arrival for the product you are enquiring about.

M.D. Spares recommends you choose an address where someone will be present to receive your order. We DO NOT recommend safe dropping, especially for valuable items.

M.D. Spares will store a record of your transactions for a minimum of one year.


PRICING POLICY

Prices shown on the site are in $AUD (Australian Dollars) and are inclusive of GST at the applicable rate of 10%. International customers may be exempt from tax and should read the declaration of tax exemption during the payment stage of the checkout process and select the tick box to agree to that declaration.

All prices and offers remain valid as advertised from time to time. The AUD price of a product displayed on the site at the time the order is accepted will be honoured, except in cases of patent error. Prices are subject to change at any time, and without notice.


ACCEPTANCE OF YOUR ORDER

Once you have made your selection and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, but rather a confirmation that we have received it.


Unless you cancel your order, acceptance of your order and completion of the contract between you and M.D. Spares will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Melbourne, Australia and the language of the contract is English.


We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, or to a particular destination, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.


We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.


PAYMENT

Payment can be made by a valid credit/debit card issued by a bank acceptable to M.D. Spares, over the phone, via direct bank transfer or through PayPal. Payment will be debited and cleared from your account upon dispatch of your order by M.D. Spares. You confirm that the credit/debit card or PayPal account that is being used is yours or that you have been specifically authorised by the owner of the account to use it. All credit/debit card holders may be subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorize payment to M.D. Spares, we will not be liable for any delay or non-delivery.


We take reasonable care to make our site secure. All credit/debit card transactions on this site are processed using SecurePay, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered M.D. Spares user, we will securely store your credit/debit card details on our system. These details will be fully encrypted and only used to process card transactions which you have initiated.


To help ensure that your shopping experience is safe, simple, and secure, M.D. Spares uses Secure Socket Layer (SSL) technology.


Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.


INTELLECTUAL PROPERTY RIGHTS

Your use of the site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including M.D. Spares Software and all HTML and other code contained in this site. You are permitted to use the Content only as expressly authorized by M.D. Spares and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.


CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. M.D. Spares tries to ensure that the information on this site is accurate and complete. M.D. Spares does not promise that the site’s Content is accurate or error-free. M.D. Spares does not promise that the functional aspects of the site or M.D. Spares’s Content will be error free or that this site, M.D. Spares Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.


NON-COMMERCIAL USE

This site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site, nor for any purpose detrimental to the interests of M.D. Spares Pty Ltd “M.D. Spares”.

THIRD PARTY SITES

We may include hyperlinks on the site to other websites or resources operated by parties other than M.D. Spares. M.D. Spares has not reviewed all of the sites linked to its website and are not responsible or liable, directly or indirectly, for the privacy practises or the content of such websites.

GUARANTEES & WARRANTIES

Whilst all information contained within this site has been compiled with the utmost care, M.D. Spares does not guarantee the accuracy, suitability or completeness of any material in this site, or that it is precise, complete or up to date. M.D. Spares is not liable to you in any way for the existence of inaccurate, incomplete or superseded material or information within this site.


M.D. Spares may change, add or remove any material in or from this website at any time and without notice.


M.D. Spares does not warrant that the functions contained in this website will be uninterrupted or without error, that defects will be corrected, or that electronic material in this website are free of viruses or other damaging components.


To the extent permitted by Australian law, all implied terms are excluded. If any statute implies terms into this license, which cannot be lawfully excluded, such terms will apply to this license, save that the liability of M.D. Spares for breach of any such implied term will be limited, at the option of M.D. Spares, to any one or more of the following:
• the repair or replacement of goods 
• the resupply of services
• the payment of the cost of repairing or replacing the goods or performing the services again


M.D. Spares will not be liable for any indirect or consequential damages concerning your access of this website or use of or reliance on any information contained in it.


Our goods come with guarantees that cannot be excluded under Australian consumer law.  You are entitled to a replacement or refund for a major failure and compensation for any 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.


All motor vehicle components supplied by M.D. Spares are guaranteed against faulty material and/or workmanship, for a period of 12 months or 20,000 kms, whichever occurs first.  However guarantees will not cover incorrect fitment and/or maltreatment. Any parts which in our opinion are defective will be replaced free of charge if returned within 30 days from date of sale, freight prepaid with invoice number quoted. However no responsibility is accepted for consequential damage or labour costs involved without prior consultation of a M.D. Spares claims officer and written authorisation given for subsequent repairs.   Under no circumstances will any part be warranted if used in any form of racing or speed trial application.


INSURANCE AND DELIVERY

M.D. Spares chooses Australia Post for local/Australia wide deliveries and tracks each purchase during the time it is in transit until it is delivered to your specified delivery address. Shipping costs are calculated by weight, dimension and destination and so prices will fluctuate across our product lines. M.D. Spares makes no attempt to profit from the postage prices we charge.


If you have special postage requirements such as registered post, this may be able to be made available to you if you contact us prior to placing your order. Alternate courier services will be used from time to time, for international and exceptionally bulky/heavy orders.


Please note that we aim to dispatch all orders within 24 hours, or 48 hours during weekend periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. M.D. Spares is not responsible for any delays caused by destination customs clearance processes.
With the Postal service we use, we cannot designate specific drop offs. This is something you need to speak to your post deliverer about.