Terms of Service

These Terms of Service ("Terms") govern your use of the website braumachspare.com.au and the purchase of auto parts and related products from William Gerard IT PTY LTD trading as Braumach PTY LTD (ABN 34 605 497 247), a company incorporated and operating under the laws of Australia. By accessing our Website or purchasing Products, you agree to be bound by these Terms. If you do not agree, please do not use our Website or services.

1. General

1.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into contracts to use our Website and purchase Products.
1.2 Scope: These Terms apply to all transactions and interactions with Braumach, including sales within Australia, New Zealand, and other countries.
1.3 Amendments: We may update these Terms from time to time. The updated version will be posted on our Website, and continued use of the Website or services constitutes acceptance of the revised Terms.

2. Products and Orders

2.1 Product Information: We strive to ensure that all Product descriptions, images, and prices on our Website are accurate. However, we do not warrant that they are free from errors or omissions. If a Product is listed with incorrect information, we reserve the right to cancel or modify your order.
2.2 Availability: All Products are subject to availability. We may limit quantities or discontinue Products without notice.
2.3 Order Acceptance: Your order constitutes an offer to purchase. We reserve the right to accept or decline your order for any reason, including stock unavailability, pricing errors, or suspected fraud. If we decline your order, we will notify you and refund any payment made.
2.4 Pricing: All prices are in Australian Dollars (AUD) unless otherwise stated and include Goods and Services Tax (GST) where applicable for Australian customers. Prices exclude shipping costs, which will be calculated at checkout. For international orders, you are responsible for any customs duties, taxes, or fees imposed by the destination country.

3. Payment

3.1 Online Payments: We accept payments only through the online payment methods listed on our Website (e.g., credit/debit cards, PayPal, or other approved providers).
3.2 Security: All payment information is processed securely through third-party payment gateways. We do not store your payment details on our servers.
3.3 Currency: Payments must be made in AUD unless otherwise specified. You are responsible for any currency conversion fees charged by your payment provider.
3.4 Failed Payments: If a payment fails or is declined, we may cancel your order and notify you to arrange an alternative payment method.

4. Shipping and Delivery

4.1 Shipping Locations: We ship to Australia, New Zealand, and select international destinations as indicated on our Website.
4.2 Shipping Costs: Shipping costs are calculated at checkout based on the destination, weight, and shipping method selected.
4.3 Delivery Timeframes: Estimated delivery times are provided at checkout but are not guaranteed. Delays may occur due to customs processes, carrier issues, or other factors beyond our control.
4.4 Risk of Loss: Risk of loss or damage to Products passes to you upon delivery to the address specified in your order.
4.5 International Shipping: For international orders, you are responsible for complying with local laws and regulations, including import restrictions and payment of duties or taxes.

5. Returns, Refunds, and Warranties

5.1 Returns Policy:

  • Australian Customers: Under the Australian Consumer Law, you are entitled to a refund, replacement, or repair if a Product is faulty, not fit for purpose, or does not match its description. Returns for change of mind are accepted within 30 days of delivery, provided the Product is unused, in its original packaging, and in resalable condition. You are responsible for return shipping costs unless the Product is faulty.
  • International Customers: Returns for faulty Products will be handled on a case-by-case basis, subject to local laws. Change-of-mind returns may not be available for international orders.
    5.2 Refund Process: Refunds will be processed to the original payment method within 7 business days of receiving the returned Product.
    5.3 Warranties: Products may come with manufacturer warranties as specified in the Product description. Any statutory warranties under Australian Consumer Law apply to Australian customers.
    5.4 Non-Returnable Items: Custom-ordered or specially sourced Products may not be eligible for return unless faulty.

6. Intellectual Property

6.1 Ownership: All content on our Website, including text, images, logos, and designs, is owned by or licensed to Braumach and is protected by copyright, trademark, and other intellectual property laws.
6.2 Use Restrictions: You may not reproduce, distribute, or modify any content from our Website without our prior written consent.

7. User Conduct

7.1 Prohibited Actions: You agree not to:

  • Use our Website for any unlawful purpose or in violation of these Terms.
  • Attempt to interfere with the Website’s functionality, security, or performance.
  • Submit false, misleading, or fraudulent information when placing an order.
    7.2 Account Security: If you create an account on our Website, you are responsible for maintaining the confidentiality of your login details and for all activities under your account.

8. Privacy

8.1 Data Collection: We collect and process personal information in accordance with our Privacy Policy [insert link to Privacy Policy] and applicable Australian privacy laws, including the Privacy Act 1988 (Cth).
8.2 International Transfers: For international orders, your personal information may be transferred to or processed in countries outside Australia, subject to appropriate safeguards.

9. Limitation of Liability

9.1 General: To the maximum extent permitted by law, Braumach is not liable for any indirect, consequential, or incidental damages arising from your use of the Website or purchase of Products, including loss of profits, data, or use.
9.2 Australian Consumer Law: Nothing in these Terms excludes or limits any rights or remedies you may have under the Australian Consumer Law that cannot be excluded.
9.3 International Customers: For customers outside Australia, our liability is limited to the extent permitted by the laws of your jurisdiction.
9.4 Maximum Liability: Our total liability for any claim arising from these Terms or your purchase is limited to the amount paid for the relevant Product(s).

10. Indemnity

You agree to indemnify and hold Braumach, its affiliates, officers, and employees harmless from any claims, losses, or damages (including legal fees) arising from your breach of these Terms, misuse of the Website, or violation of any applicable laws.

11. Force Majeure

Braumach is not liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including natural disasters, pandemics, government actions, or supply chain disruptions.

12. Governing Law and Dispute Resolution

12.1 Governing Law: These Terms are governed by the laws of New South Wales, Australia.
12.2 Jurisdiction: Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, unless otherwise required by applicable consumer protection laws.
12.3 Dispute Resolution: Before commencing legal proceedings, you agree to attempt to resolve any dispute by contacting us at [insert contact email]. We will endeavor to resolve the matter in good faith.

13. Termination

We may suspend or terminate your access to the Website or services at our discretion if you breach these Terms or engage in conduct that we deem harmful to our business or other users.

14. Contact Information

For questions, complaints, or support, please contact us at:
Braumach PTY LTD
Email: support@braumach.com.au

15. Miscellaneous

15.1 Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Braumach.
15.2 Sever-ability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
15.3 Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
15.4 Assignment: We may assign our rights and obligations under these Terms to a third party without your consent. You may not assign your rights or obligations without our prior written consent.

© 2025 Braumach PTY LTD. All rights reserved.

Last updated: April 13, 2025