Terms & Conditions

Welcome to www.jswpowersports.com.au and thank you for shopping with us.  These Terms and Conditions govern the purchase of any product via 
www.jswpowersports.com.au. By seeking to purchase product from the Website, you agree to be bound by these terms and conditions and the Terms of Use Agreement, the Privacy Policy. The Website is owned and operated by JSW Powersports.  Should you have any questions, please contact our Customer Service team prior to ordering from this Website.

 

General

We will always attempt to be as accurate as possible, however we are unable to warrant that product prices or descriptions or other content of the Website is accurate, complete, reliable, current or error free.

  • Please note that colours may vary slightly from those displayed by your monitor.
  • It is a condition of sale that product is not resold for commercial use.
  • We are unable to redirect or stop orders once an order has been placed.
 

Product Availability

The Website offers product for sale that we expect to be in stock and available for dispatch from our distribution centre.
In the event that a specific style is currently sold out, SOLD OUT will be displayed instead of the ADD TO CART feature and if a specific size or colour is not listed, it is out of stock and not available for purchase.Although the Website contains a feature that removes unavailable product from the online store, occasionally a product sells out before the Website is updated.  In the unfortunate circumstance where a product you wish to order becomes unavailable, we will advise you so you can consider an alternative product.
Please note that products in your shopping basket are not reserved and may be purchased by other customers. 
Unfortunately we are unable to accept back orders, rainchecks or lay-buys on website orders.

 

Payment

Prices of product, services and other charges displayed on Website are current at the time of display. These prices are subject to variation.
We accept payment from Visa and MasterCard, or such other methods we may accept in the future. Payment is debited from your card at the time of your order.
All transactions on this Website are processed using Pay pal Website Payments Pro and Virtual Terminal.Currency
All prices are shown in Australian dollars. All transactions will occur in Australian dollars.

 

GST / Taxes / Fees

A charge accounting for GST is included in the retail price shown. You may incur additional currency conversions fees or other fees from your bank. Please check with your bank before ordering.

 

Your Order

All orders are subject to acceptance by us and availability.After you place an order, you will receive either an order confirmation or an order cancellation email:
  • Order Confirmation: This email confirms that we have received your order and that your payment has been received.  This email will include an individual order number.
  • Order Cancellation:  This email will notify you that product you have sought to purchase is unavailable. We expect this to only occur rarely as we update the stock levels on the Website on a regular basis. In the event that this does occur, our customer service team will give you the option of a refund (for the unavailable product) or choosing another product from the Website.
    An order confirmation is NOT an acceptance of your order, just a confirmation that we have received it and that payment has been approved. Our customer service team will send you a further email confirming shipment of your order. We retain ownership of the title to the product that is the subject of your order until the later to occur of receipt of payment, or delivery of the product to your specified address.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that the product 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 product from the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

Cancellations

By Us:We reserve the right not to provide product or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
If your order is cancelled, you will receive an email from us. It will explain the reasons for the cancellation.  You will not be billed for any order we cancel.  Once an order is cancelled, it cannot be reprocessed and must be submitted again via the Website. Where you have provided a contact phone number with your order, we may try to contact you by phone to discuss your options.
 
By You:Once an order has been submitted by you it cannot be cancelled, unless the order has not been dispatched from our distribution centre. If you need to cancel or change an order, please contact our customer service team immediately and provide them with your order number and the details of your requested instructions.  We will use reasonable endeavours to accommodate your request however cancellation of the order is within our sole discretion.  Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges (see below).
 
 
 

Accessories/Parts Returns Policy

Our returns policy is in addition to your rights under the Australian Consumer Law because we want you to be happy with your purchase. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.

Change of mind returns

If you wish to return an item because you have changed your mind about your purchase, JSW will offer you an exchange voucher or refund provided that:

  • You return the item within 28 days of purchase;
  • You produce your original JSW register receipt at the time you return the item
  • The item is in resalable condition including that:
    • It is in its original packaging, including instruction manuals and all accessories;
    • It is unworn, unopened, unused and in its original condition; and
  • The product is not one on which a change of mind return is not available (see below).

If these requirements are not satisfied, JSW reserves the right not to offer an exchange voucher or refund for change of mind returns.

 

Goods on which a change of mind return is not available

JSW will not accept the return of items from the following categories under the change of mind returns policy under any circumstances:

  • Swimwear
  • Items on Closeout Sale
  • Gift cards
  • Electrical Items (eg. Bilge Pump Kits, DESS Keys, Depth Finder etc.)
  • BRP Service Kits

These products can still be returned if they are faulty, not fit for purpose or do not match the sample or description.

 

Other Returns

JSW will accept product returns and provide you with an exchange voucher, refund or repair where:

  • The product is faulty or is not of acceptable quality, or
  • The product is not fit for its intended purpose, or
  • The product does not match the sample or our description; and
  • You can present your JSW register receipt or other adequate proof of purchase.

JSW may elect to return the product to the manufacturer’s repair agent to determine the nature of the problem. JSW reserves the right not to offer an exchange voucher, refund or repair where the item fault is a result of misuse or neglect.

 

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 for 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.

 

JSW reserves the right to:

Assess the condition and age of returned goods prior to providing a repair, exchange or refund. This may result in a repair, exchange or refund being refused.

Please note:

  • Your original JSW register receipt is the best form of proof of purchase
  • Refunds will be issued using your original payment method
  • Gift cards are not redeemable for cash

 

How to return a product ordered on JSW Online

Products ordered at JSW Online can be returned to our store. You will need your tax invoice (email receipt) as information on this is needed as proof of purchase. For change of mind return/exchange, delivery fee is non-refundable.

 

Terms of use Agreement

This Website, www.jswpowersports.com.au is owned and operated by JSW Powersports.By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement ("Agreement"). Please read this Agreement carefully. By using the Website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website.  In addition, when you use any current or future version of the Website, you also will be subject to the terms and conditions of this Agreement, which may include as relevant, the Terms of Use Agreement ("Agreement"), Privacy Policy. Please print a copy of this Agreement for your records.  We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement.  You should visit this page periodically to learn of any changes to this Agreement.

 

User Comments

We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us, whether through the Website, e-mail, facsimile, mail or other means, shall be and remain the exclusive property of JSW Powersports. Your submission of any such Comments shall constitute an irrevocable assignment to JSW Powersports of any and all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, JSW Powersports and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

 

Privacy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

 

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by JSW Powersports and its affiliates to the full extent provided under the Copyright Act 1968 (Cth) and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of JSW Powersports and its affiliates.The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of JSW Powersports and its affiliates or its lawful successors and assigns. 
For usage permission, please contact us via email at online@jswpowersports.com.au

 

License and Website Access

JSW Powersports grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of JSW Powersports. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of JSW Powersports. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JSW Powersports and its affiliates without express written consent of JSW Powersports. You may not use meta tags or any other hidden text using JSW Powersports name or trademarks without the express written consent of JSW PowersportsYou are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray JSW Powersports or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by JSW Powersports in its sole discretion. You may not use any JSW Powersports logo or other proprietary graphic or trademark as part of the link without express written permission of JSW Powersports. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by "deep linking," or otherwise, without prior written permission from JSW Powersports.

 

Third Party and Co-Branded Websites

The Website may contain hyperlinks ("links") to websites operated by persons or entities other than JSW Powersports ("third-party Websites") or to co-branded websites operated by a third party, including affiliates ("co-branded Websites"). We provide such links for your reference and convenience only. A link from JSW Powersports to a third-party Website does not imply or mean that we endorse the content on that third-party or co-branded Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Websites to which you might link from the Website.
 
JSW POWERSPORTS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

 

Your Responsibilities

You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from JSW Powersports. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other interaction with the Website or any co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with JSW Powersports or any co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.   

 

Product Information

JSW Powersports attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the Website are complete, reliable, current, or error-free. Most products displayed on the Website are available in the JSW Powersports retail store in Arundel, QLD, Australia In some cases, merchandise displayed for sale on the Website may not be available in store. Unless otherwise stated, the prices displayed on the Website are quoted in Australian Dollars.

 

Disclaimer of Warranties and Limitations on Liability.

THE WEBSITE IS PROVIDED BY JSW POWERSPORTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JSW POWERSPORTS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.TO THE MAXIMUM EXTENT PERMITTED BY LAW, JSW POWERSPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.IN NO EVENT WILL JSW POWERSPORTS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO JSW POWERSPORTS THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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 DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement are governed by the laws in force in the State of Queensland and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerned with this agreement. 

 

Indemnification

You agree to defend, indemnify, and hold harmless JSW Powersports and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by JSW Powersports arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another. We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and JSW Powersports as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of JSW Powersports right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by JSW Powersports with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.The failure of JSW Powersports to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Subject to any additional terms published on this Website, this Agreement is the entire and final Agreement regarding the Website and its content, and supersedes any prior or contemporaneous communications between JSW Powersports and you regarding the Website and its contents.All rights not expressly granted herein are hereby reserved to JSW Powersports.

 

Promotions

  • Promotions, discounts and promotional codes are valid for the specified time period for online purchases of merchandise only and may be used one time only unless otherwise stated.
  • Promotions cannot be combined with other promotions.
  • Promotions do not apply to gift certificates, shipping, GST or duties or similar services.
  • Promotions cannot be applied retroactively to previously placed orders or to orders that have been adjusted.
  • For promotions where you must buy 1 (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.
  • If merchandise was purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot then be applied to a replacement or future order.
  • If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future order.
  • Promotional items are available only while supplies last; there is no rain checks on sold out stock
  • JSW Powersports has the ability, at its sole discretion, extend or terminate a Promotion at any time.
  • JSW Powersports has no obligation to advise an entrant of an incomplete or incorrect entry and will not be accountable for the return of any item ordered incorrectly.
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