TERMS AND CONDITIONS OF SALE AND WEBSITE USE
DEESLAM DESIGNS PTY LTD (ABN 97 667 786 174) trading as Superformance
These Terms and Conditions ("Terms") apply to your use of the website at www.superformance.com.au ("Website") and to goods purchased from DEESLAM DESIGNS PTY LTD (ABN 97 667 786 174) trading as Superformance ("Superformance", "we", "us" or "our").
By using the Website or placing an order with us, you agree to these Terms together with our Privacy Policy, Freight Policy and any additional terms disclosed on a product listing, quotation, invoice or order confirmation.
Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.
1. Scope of These Terms
These Terms primarily apply to the sale and supply of automotive parts, components, accessories, merchandise and other goods through our Website, showroom, trade events or sales team.
Custom vehicle builds, workshop services, fabrication, paint and panel work, installation services, engineering work and other project-based services may be subject to a separate scope of work, work authorisation, project agreement or terms of trade.
Where separate written terms have been provided for those services, those terms apply to the extent of any inconsistency with these Terms.
Trade and credit accounts may also be subject to separate account terms.
2. Website Use
You must provide accurate, current and complete information when placing an order or creating an account.
You are responsible for maintaining the security of your account and login details.
You must not use the Website unlawfully, interfere with its operation, introduce malicious software, attempt unauthorised access to our systems, scrape or harvest Website data without permission, or use Website content for unauthorised commercial purposes.
We may suspend or restrict access to the Website where reasonably necessary for security, maintenance, suspected fraud or misuse.
3. Product Information
We take reasonable care when preparing product descriptions, specifications, dimensions, photographs, applications and fitment information.
Automotive products can nevertheless change over time and manufacturers may revise packaging, branding, finishes, specifications, manufacturing processes or product designs.
Product images are therefore illustrative unless we expressly state that the item supplied will exactly match the image shown.
Where a manufacturer makes a material change that affects the function or suitability of a product ordered by you, we will deal with the order reasonably and in accordance with your rights under applicable law.
Dimensions, horsepower ratings, torque capacities, performance figures and other technical data may be based on information supplied by manufacturers or testing conducted under particular conditions. Actual results can vary depending on the vehicle, installation, tune, supporting components and intended use.
4. Vehicle Fitment and Compatibility
Performance and classic vehicles are frequently modified from their original specification. The same year, make and model may have different engines, transmissions, brakes, suspension, steering, wheel combinations or previous modifications.
Fitment guides, vehicle filters, cross-references and application information on the Website are therefore provided to assist product selection but cannot account for every modified vehicle.
Before ordering, you should check the relevant part number, measurements, vehicle specifications and installation requirements.
Where required, please provide us with accurate information including the vehicle year, make, model, engine, transmission, differential, existing modifications, wheel and tyre specifications, measurements and intended use.
Where Superformance recommends a product based on information supplied by you, that recommendation relies on the accuracy and completeness of that information.
If your vehicle has been modified or an application cannot be confirmed without physical measurements or inspection, we may require additional information before confirming suitability.
Nothing in this clause limits your rights where we have incorrectly described a product or specifically confirmed that a product is suitable based on accurate information provided to us.
5. Customer-Supplied Measurements and Custom Components
Some automotive products must be manufactured or configured using measurements or specifications supplied by the customer. This can include axles, differentials, suspension components, steering components, driveshaft-related parts, wheels and other custom-made products.
You are responsible for ensuring measurements and specifications supplied by you are accurate.
Where a product has been correctly manufactured in accordance with measurements or specifications supplied by you, it cannot be returned because those measurements or specifications were incorrect.
This does not affect your rights if the product is defective or was not manufactured in accordance with the specification we agreed to supply.
6. Technical Advice
Our team may provide technical information and product recommendations based on our experience and the information available to us.
Automotive modifications often involve interaction between multiple components. Advice provided without physically inspecting a vehicle cannot account for every previous modification, tolerance, installation method or component combination.
You remain responsible for ensuring the finished installation is safe and suitable for the vehicle.
Where professional installation, tuning, alignment, engineering approval or other specialist work is required, it should be carried out by a suitably experienced or qualified person.
7. Road Use, Motorsport and Regulatory Compliance
Aftermarket and performance modifications may affect a vehicle's compliance with the Australian Design Rules, vehicle standards, registration requirements, engineering requirements and insurance conditions.
Requirements can differ between States and Territories and can depend upon the vehicle and combination of modifications.
Certain products may be intended for racing, competition, off-road or closed-course use only.
Unless we expressly represent in writing that a particular product or configuration is approved or compliant for a specified vehicle and jurisdiction, you are responsible for determining whether the proposed modification requires engineering approval, inspection, certification or other authorisation.
You are also responsible for notifying your insurer of relevant vehicle modifications.
Where Superformance has separately been engaged to arrange engineering, compliance or certification work, the obligations associated with that service will be governed by the relevant quotation or project agreement.
We are not responsible for fines, registration consequences, insurance consequences or other losses arising solely from a customer's unlawful installation or use of a product where we have not represented that use as lawful.
Nothing in this clause limits liability arising from an incorrect representation made by us.
8. Prices and GST
Website prices are displayed in Australian Dollars (AUD).
Unless otherwise stated, advertised consumer prices include GST where GST applies.
Delivery, freight, insurance, payment surcharges or other charges that apply to an order will be disclosed before completion of the order or identified in the applicable quotation.
Prices may change without notice before an order is accepted.
A price change will not retrospectively change the agreed price of an order already accepted by us unless the customer requests a change to the goods, specification, options or scope.
9. Pricing and Listing Errors
We make reasonable efforts to maintain accurate product and pricing information, but system, supplier, data-entry and other errors can occur.
If a product has been listed at an incorrect price or with a material error, we may contact you before accepting the order and offer you the opportunity to proceed with the corrected information.
Where an order has not yet been accepted, we may decline the order and refund any payment received.
We are not required to complete an order at an obviously incorrect price where a contract of sale has not already been formed.
10. Orders and Acceptance
Submitting an order through the Website is an offer to purchase the goods.
An automated order acknowledgement confirms that we have received the order. It does not necessarily mean the order has been accepted.
An order is accepted when we issue confirmation that it has been accepted, commit a special order with a supplier, commence manufacture of a custom item, or dispatch the goods, depending on the type of order.
We may decline an order before acceptance where reasonably necessary, including where:
- stock is unavailable or discontinued;
- the supplier cannot fulfil the order;
- there is a material pricing or listing error;
- payment has failed or is reasonably suspected to be fraudulent;
- required product or fitment information has not been provided;
- the delivery address cannot reasonably be serviced; or
- fulfilling the order would be unlawful.
Where we decline an order after receiving payment, any amount paid for goods we cannot supply will be refunded.
11. Stock Availability, Backorders and Lead Times
Stock information is updated regularly but may be affected by simultaneous sales, warehouse transfers, supplier availability or data delays.
Products described as "Pre-Order", "Special Order", "Built to Order", "Made to Order", "Available from Supplier" or similar may not be physically held at our Capalaba premises when ordered.
Lead times and estimated availability dates are estimates unless we expressly guarantee a particular date in writing.
Supplier production delays, international freight, customs processing, weather, carrier delays and other events outside our reasonable control can affect estimated delivery times.
If we become aware of a material delay or that an ordered product can no longer be supplied, we will contact you and provide the options reasonably available in the circumstances.
12. Special Orders, Non-Stock Goods and Built-to-Order Products
Superformance regularly sources automotive parts from Australian and overseas suppliers that are not normally stocked by us.
A product is a Special Order where it is ordered, imported, manufactured, configured or acquired specifically for your order.
Special Orders, non-stock goods and Built-to-Order products are firm-sale items and are not eligible for cancellation or return because of change of mind, incorrect customer selection or a change in the customer's circumstances once we have committed the order to the supplier or manufacture has commenced.
This includes products manufactured or configured specifically for the customer's application.
Nothing in this clause excludes your rights under the Australian Consumer Law where the goods are faulty, materially different from what was ordered, incorrectly supplied or otherwise fail to meet an applicable consumer guarantee.
13. Deposits and Part Payments
Certain Special Orders, custom products, engines, transmissions, differentials, chassis, wheels and other high-value goods require a deposit or staged payment.
The required deposit and balance will be stated in the applicable product listing, quotation, proforma invoice or order confirmation.
Once we have committed a Special Order to a supplier or commenced manufacture, a customer-requested cancellation may not be accepted.
Where we agree to cancel such an order, any refund will take into account reasonable and non-recoverable costs or losses already incurred by us as a result of the order, to the extent permitted by law.
Nothing in this clause affects a customer's rights where Superformance cannot supply the agreed goods or where cancellation or a refund is otherwise required by law.
14. Payment
Payment must be made using a payment method offered at checkout or otherwise agreed by us.
Orders will not be dispatched until cleared payment has been received.
Where a third-party payment provider is used, your use of that service may also be governed by the provider's own terms.
We do not obtain ownership of your full payment-card information merely because you complete a transaction through a third-party payment gateway.
Title to goods remains with us until we have received all amounts owing for those goods.
15. Order Cancellation
There is no automatic right to cancel an order because you change your mind.
If you wish to cancel an order, contact us immediately.
Where an order has not yet been accepted or processed, we may be able to cancel it.
Once an order has been accepted, goods have been dispatched, a supplier order has been placed, or manufacture/configuration has commenced, cancellation may not be possible.
Special Order and custom-product cancellation is also subject to clause 12 and clause 13.
Your statutory cancellation, refund and consumer-guarantee rights are not affected.
16. Freight and Delivery
Our current Freight Policy forms part of these Terms.
Stocked goods are generally dispatched within one to five Business Days after full payment has been received as cleared funds, depending upon stock location and warehouse availability.
This dispatch period does not apply to Special Orders, Built-to-Order products, backorders or products displaying a different lead time.
Delivery times provided by us or a carrier are estimates unless expressly stated otherwise.
We use different freight providers depending on the size, weight, value and destination of the order. Some carriers or freight services require a business address and may not deliver to PO Boxes or certain residential addresses.
If the selected freight service cannot deliver to the address provided, we may contact you for an alternative address or freight arrangement.
Please ensure your delivery details, postcode, telephone number and business name where applicable are accurate.
Additional freight costs caused by an incorrect delivery address, unsuccessful delivery caused by the customer, redirection requested by the customer or re-delivery may be charged to the customer where reasonably incurred.
17. International Shipping
International freight may be available for selected goods by prior arrangement or where expressly offered.
Not every product can be shipped internationally.
International freight charges, insurance, destination-country taxes, import duties, customs charges, compliance requirements and other destination charges will be dealt with as stated in the applicable quotation or order.
The customer is responsible for complying with the import and vehicle-use requirements of the destination country unless we expressly agree otherwise in writing.
18. Collection
Orders may be collected from our Capalaba premises.
You should wait until we confirm that the order is ready before attending.
We may require proof of purchase and identification before releasing high-value orders.
Risk in collected goods passes to you when the goods are handed over to you or your nominated representative.
19. Risk in Delivered Goods
Risk in goods passes to you when the goods are delivered to the nominated delivery address.
Where you expressly authorise a carrier to leave goods unattended, delivery occurs when the goods are left in accordance with that authority.
You should inspect packages promptly after delivery.
Where goods appear to have been damaged in transit, please retain the packaging and contact us as soon as reasonably possible so that we can investigate and, where relevant, make a freight claim.
We recommend reporting obvious freight damage, shortages or incorrect goods within seven days where practicable. This requested reporting period does not limit any rights you may have under the Australian Consumer Law.
20. Change-of-Mind and Incorrect-Selection Returns
Please choose carefully.
Superformance does not provide refunds, exchanges or returns simply because you:
- change your mind;
- find the product cheaper elsewhere;
- decide you no longer require the product; or
- select the wrong product where the product supplied matches your order and our description.
This includes products purchased through the Website, showroom, at trade events or sales team.
If you are unsure about an application, please contact us before placing the order.
Nothing in this clause applies where the product was incorrectly described, incorrectly supplied, specifically recommended by us on the basis of accurate information but is unsuitable because of our error, or otherwise fails to meet a consumer guarantee.
21. Products Not Accepted for Change-of-Mind Return
Without limiting clause 20, we do not accept change-of-mind returns for:
- Special Orders or non-stock products;
- Built-to-Order, custom-made, custom-cut or custom-configured products;
- Custom order products made using customer-supplied measurements;
- products that have been fitted, installed, wired, assembled, painted, modified or altered;
- products damaged after delivery;
- electrical components that have been installed or connected;
- used, second-hand, new-old-stock or ex-display goods;
- clearance, discontinued or run-out stock; or
- goods otherwise expressly identified as firm sale before purchase.
These exclusions relate to change-of-mind returns only and do not remove rights that apply under the Australian Consumer Law.
22. Clearance, Used and Second-Hand Products
Clearance, discontinued, used, second-hand, ex-display and new-old-stock products may show age, storage marks, packaging wear or other characteristics consistent with their disclosed condition.
Where a particular defect or condition is specifically disclosed to you before purchase, you cannot later claim that the product fails to meet a consumer guarantee solely because of that disclosed issue.
Consumer-guarantee rights may otherwise continue to apply, having regard to the product's age, condition, description, price and other relevant circumstances.
23. Australian Consumer Law
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.
Nothing in these Terms is intended to exclude, restrict or modify these rights.
24. Faulty, Incorrect or Damaged Products
If you believe a product is faulty, materially different from its description, incorrectly supplied or damaged, please contact us on 07 3488 7831 or info@superformance.com.au.
Please provide your order or invoice details and information about the issue. Photographs or videos may help us assess the problem more quickly.
We may reasonably inspect or assess a product before providing a remedy.
We may also obtain technical information or an assessment from the manufacturer or distributor, but Superformance remains responsible for dealing with consumer-guarantee claims relating to products we sold to you.
A Return Authorisation process may be used to help us identify and process returned goods. Failure to obtain a Return Authorisation does not remove rights you have under the Australian Consumer Law.
Faulty goods do not need to be returned in their original packaging in order for statutory consumer rights to apply, although retaining packaging can assist with transport and assessment.
Proof of purchase may be required.
25. Remedies for Faulty Goods
The remedy available depends on the nature of the failure and applicable law.
For a minor failure, we may be entitled to choose to repair the product, replace it or provide another remedy permitted by law.
Where there is a major failure, the customer may have the right to reject the goods and choose a refund or replacement, together with any other remedy available under the Australian Consumer Law.
Store credit will only be used as the statutory remedy where you agree to receive store credit.
26. Return Freight for Faulty Goods
Where goods can reasonably be posted or returned, we may ask you to return them for assessment.
If the product is confirmed to have a problem covered by the Australian Consumer Law, we will reimburse reasonable return costs as required by law.
For goods that are large, heavy, installed or otherwise difficult to return, we will make reasonable arrangements consistent with our obligations under the Australian Consumer Law.
Keep receipts for freight or transport costs that you seek to have reimbursed.
27. Manufacturer Warranties
Some products include a manufacturer's warranty in addition to rights provided by the Australian Consumer Law.
The duration and conditions of these warranties vary between manufacturers.
A manufacturer's warranty does not replace or limit your consumer-guarantee rights.
Where appropriate, we may assist in coordinating assessment with the Australian distributor or manufacturer.
28. Installation, Misuse and Warranty Claims
A manufacturer's voluntary warranty may not cover a failure caused by matters such as:
- incorrect installation;
- incorrect adjustment or tuning;
- failure to follow installation or maintenance instructions;
- use with incompatible components;
- misuse or abuse;
- accident or impact damage;
- unauthorised modification;
- corrosion or environmental damage occurring after delivery;
- inadequate maintenance; or
- competition use where the manufacturer's warranty specifically excludes that use.
These exclusions do not automatically remove Australian Consumer Law rights.
A warranty or consumer-guarantee claim will be assessed having regard to whether the alleged fault was caused by the product itself or by the installation, use, modification or other external circumstances.
29. Racing and Competition Products
Motorsport places significantly greater loads on automotive components than ordinary road use.
Some manufacturers restrict or exclude their voluntary warranties for racing or competition use.
Any such manufacturer warranty condition is separate from rights that cannot lawfully be excluded under the Australian Consumer Law.
Products expressly advertised for competition use will be assessed having regard to the performance and durability reasonably expected of a product sold for that purpose.
30. Limitation and Responsibility
Nothing in these Terms excludes or limits liability that cannot legally be excluded.
To the extent permitted by law, Superformance is not responsible for loss or damage caused by:
- incorrect information or measurements supplied by the customer;
- installation contrary to manufacturer instructions;
- modifications made after the product leaves our control;
- use of a product with incompatible components where that combination was not recommended by us;
- misuse, abuse or use outside the product's intended purpose;
- unlawful vehicle modifications or road use where we did not represent the configuration as lawful; or
- failure to carry out necessary maintenance, tuning, adjustment or inspection.
This clause does not exclude responsibility where loss was caused by a defect in goods supplied by us, our breach of contract, negligence, misleading representation or another matter for which liability cannot lawfully be excluded.
31. Delays Outside Our Reasonable Control
We are not responsible for delay caused by circumstances genuinely outside our reasonable control, including natural disasters, severe weather, industrial action, shipping disruption, customs delays, supplier production delays, carrier interruption, war, civil disturbance or major systems failure.
Where such an event materially affects an order, we will communicate with you and deal with the order reasonably having regard to the circumstances and applicable law.
This clause does not permit us to retain payment indefinitely where goods cannot be supplied.
32. Product Reviews and User Content
Where the Website allows reviews or other customer-submitted content, you must not submit unlawful, defamatory, misleading, abusive, infringing or fraudulent content.
By submitting a product review or similar content, you give us permission to display and reproduce that content for purposes connected with the Website and our business.
We may moderate or remove content where reasonably necessary, including spam, unlawful material, irrelevant content or content that breaches these Terms.
33. Intellectual Property
Unless otherwise stated, the Website and its content—including text, graphics, branding, photographs, videos, layout and other material—are owned by or licensed to Superformance.
Manufacturer names, logos and trademarks remain the property of their respective owners.
Website content may not be copied, reproduced, distributed, republished or commercially exploited without permission except where permitted by law.
34. Third-Party Websites
The Website may contain links to manufacturers, suppliers, payment providers or other third-party websites.
Those websites are operated independently of Superformance.
We are not responsible for their availability, privacy practices or content merely because we provide a link to them.
35. Privacy
Personal information is collected, stored and used in accordance with our Privacy Policy and applicable privacy law.
Our Privacy Policy is available through the Website.
36. Complaints and Disputes
If you have a concern regarding an order or product, please contact us first so that we can investigate and attempt to resolve the matter.
Nothing in this clause prevents you from exercising rights available through the Queensland Office of Fair Trading, another State or Territory consumer protection agency, the Australian Competition and Consumer Commission, a tribunal or a court.
37. Governing Law
These Terms are governed by the laws applicable in Queensland, Australia.
Subject to any rights you have to commence proceedings elsewhere under applicable law, the parties submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland.
38. Changes to These Terms
We may update these Terms from time to time.
Changes apply prospectively from the date the revised Terms are published and do not retrospectively alter an order that has already been accepted unless the parties agree otherwise or the law requires it.
The Terms applying to an order are generally the version in effect when that order is placed and accepted.
39. Severability
If any part of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent possible.
If it cannot be read down, it will be severed without affecting the remaining provisions.
40. Contact Details
DEESLAM DESIGNS PTY LTD
ABN 97 667 786 174
Trading as Superformance
539 Redland Bay Road
Capalaba QLD 4157
Australia
Phone: 07 3488 7831
Email: info@superformance.com.au
Website: www.superformance.com.au
