Terms of service

Terms And Conditions

 

1. About the Website

Welcome to  https://crankmotorsport.com.au (the ‘Website ‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products ‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services ‘).

The Website is operated by Crank motorsport pty ltd . Access to and  use  of the  Website, or any of its associated Products or Services, is provided by Crank Motorsport.. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you  have  read, understood  and agree to be bound by the Terms. If you do not agree with the Terms, you must   cease usage of the Website, or any of Services, immediately.

Crank Motorsport. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Crank Motorsport. updates the   Terms, it will use reasonable endeavors to provide you with notice of updates to  the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Crank Motorsport.  in the user interface.

3. Registration to use the Purchase Services

In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

You warrant that any information you give to Crank Motorsport. in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms. As a

Member you will be granted immediate access to the Purchase Services.

You may not use the Purchase Services and may not accept the Terms if:

you are not of legal age to form a binding contract with.; or

you are a person barred from receiving the Purchase Services under the laws of Australia including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by the Terms;

any applicable law, regulation or generally accepted practices or  guidelines  in the relevant jurisdictions;

you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

any use of your registration information by any other person, or  third parties, is strictly prohibited. You agree to immediately notify Crank Motorsport. of any unauthorized use of your password or email address or any breach of security of which you have become aware;

access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Crank Motorsport. providing the Purchase Services;

you will not use the Purchase Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;

you agree that commercial advertisements, affiliate links, and other  forms  of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Crank Motorsport. for any illegal or unauthorized use of the Website; and

you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the  Product (the ‘Purchase Price ‘).

Payment of the Purchase Price may be  made  through  PAYPAL;  Credit/Debit Cards; After Pay; Google Pay; Apple Pay (the ‘Payment Gateway Provider ‘). In using the Purchase Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by Crank Motorsport., you will be issued with a receipt to confirm that the payment has been received and Crank Motorsport. may record your purchase details for future use.

Crank Motorsport. may, at their sole  discretion, provide  a  refund on  the  return of the Products within 14 days where the Product  packaging  is  unopened  and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with  any  refund  pursuant  to  this clause.

6. Warranty

Crank Motorsport.’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a  major failure of the Product and compensation for  any  other  reasonably foreseeable loss or damage. You are also  entitled  to  have  the  Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty ‘).

You may make a claim under this clause (the ‘Warranty Claim ‘) for material defects and workmanship in the Products within 12 Months from the date of purchase (the ‘Warranty Period ‘).

In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Crank Motorsport. showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products  by sending written notice to  Crank Motorsport. by email at

Crank Motorsport.au@gmail.com

Where the Warranty Claim is accepted then Crank Motorsport. will, at its sole discretion, either repair or replace any defective  Products or  part thereof with  a new or re manufactured equivalent during the Warranty Period at no charge to you

for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

The Warranty shall be the sole and exclusive warranty granted by Crank Motorsport. and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

The Warranty does not apply to any appearance of the supplied Products nor  to  the additional excluded items set forth below nor to any supplied  Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Delivery

You acknowledge that the Purchase Services offered by Crank Motorsport. integrate delivery (the ‘ Delivery Services ‘) through the use of third party delivery companies (the ‘ Delivery Service Providers ‘).

In providing the Purchase Services, Crank Motorsport.  may provide you with a variety of delivery and insurance options offered as part of the Delivery Services   by the Delivery Service Providers. You acknowledge and agree that Crank Motorsport. is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to  providing the Delivery Services.

In the event that an item is lost or damaged in the course of the Delivery Services, Crank Motorsport. asks that you:

contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

contact us by sending an email to Crank Motorsportglobalsale@gmail.com outlining in what way the Products were damaged in transit so  we  are able  to determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of Crank Motorsport. are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless

otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content ‘) are owned or controlled for these purposes, and are reserved by Crank Motorsport. or its contributors.

Crank Motorsport. retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Crank Motorsport.; or

the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of Crank Motorsport. and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or  are in  the public domain.

9. Privacy

Crank Motorsport. takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Crank Motorsport.’s Privacy Policy, which is available on the Website.

10. General Disclaimer

You acknowledge that Crank Motorsport. does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

  • Crank Motorsport. will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
  • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  •  

o    Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  • Crank Motorsport. will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss  of profit or opportunity, or damage to goodwill  arising  out  of  or  in connection with the Purchase Services or these  Terms  (including  as  a result of not being able to use the Purchase Services or  the late supply of  the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

o    Use of the Website, the Purchase  Services, and  any of the  products of Crank Motorsport. (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Crank Motorsport., are   provided to you on an “as is” and “as  available”  basis,  without  warranty  or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or  license  of   Crank Motorsport.  including any third party where the Delivery Services are  made  available  to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including  the  products or  Purchase  Services of Crank Motorsport.) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure  to correct defects, delay in operation or transmission, computer virus or  other harmful component, loss of data, communication line failure, unlawful third party conduct, or  theft, destruction, alteration  or  unauthorized access to records;
  • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Purchase Services  or any of the Products;
  • the Content or operation in respect to links which are provided for the User’s convenience;
  • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  • any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

Crank Motorsport’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Crank Motorsport. is the resupply of information or Purchase Services to you.

You  expressly understand and agree that Crank Motorsport., its affiliates, employees, agents, contributors, third party content  providers and  licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused  and  under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Crank Motorsport. is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Crank Motorsport., by third parties or by any of the Purchase Services offered by Crank Motorsport.

You acknowledge that Crank Motorsport. does not provide the Delivery Services to you and you agree that Crank Motorsport. will not be liable to you for any special, indirect or consequential loss or  damage, loss of profit or  opportunity, or  damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

  • The Terms will continue to apply until terminated by either you or by Crank Motorsport. as set out below.

o    If you want to terminate the Terms, you may do so by:

  • notifying Crank Motorsport. at any time; and
  • closing your accounts for all of the Purchase Services which you use, Crank Motorsport.  has made this option available to you.

o    Your notice should be sent, in writing, to Crank Motorsport. via the ‘Contact Us’ link on our homepage.

o    Crank Motorsport. may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • Crank Motorsport  is required to do so by law;
  • the partner with whom Crank Motorsport offered the Purchase Services to you has terminated its relationship with Crank Motorsport  or ceased to offer the Purchase Services to you;
  • Crank Motorsport is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
  • the provision of the Purchase Services to you by Crank Motorsport. is, in the opinion of Crank Motorsport, no longer commercially viable.

o    Subject to local applicable laws, Crank Motorsport. reserves the right to discontinue  or cancel your membership to the Website at any time and may suspend or deny,     in its sole discretion, your access to all or any portion of the Website or the    Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Crank Motorsport.’s name or reputation or violates the rights of those of another party.

o    When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Crank Motorsport. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

  • You agree to indemnify Crank Motorsport., its affiliates, employees, agents, contributors, third party content providers and license from and against:
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the  Website;
  • any direct or indirect consequences of you accessing, using or transacting  on the Website or attempts to do so and any breach by you or your  agents of these Terms; and/or
  • any breach of the Terms.

14. Governing Law

  • The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles,  notwithstanding  mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Independent Legal Advice

  • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16. Severance

  • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

 

Payment Method

PayPal

Credit Cards

Afterpay

If you have any further questions on how to do this please reach out to our customer support team at 


Phone: +61 (03) 9125 6224

Email: Crank Motorsportglobalsale@gmail.com

Address: Same as shows on website