Terms & Conditions of Sale
Terms & Conditions of Sale
These Terms & Conditions apply to products purchased directly from Gigglepin Australia, including purchases made through our website, by telephone, email, invoice or other direct arrangement.
By placing an order with Gigglepin Australia, the purchaser agrees to these Terms & Conditions together with our Delivery, Warranty & Returns Policy and Privacy Policy.
Nothing in these Terms & Conditions excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
Orders & Pricing
All prices are shown in Australian dollars unless otherwise stated.
Gigglepin Australia takes reasonable care to ensure that product descriptions, specifications, pricing and availability are accurate. However, errors may occasionally occur.
Where an error materially affects an order, Gigglepin Australia may contact the purchaser to correct the order or, where appropriate, cancel the affected order and provide a refund.
Product specifications and availability may change without notice, including where products are manufactured, modified or supplied to order.
Payment
Payment is due at the time specified during checkout or, where an invoice is issued, in accordance with the payment terms shown on that invoice.
Unless otherwise agreed in writing, goods will not be dispatched until payment has been received in cleared funds.
Customers paying by bank transfer should include their name or invoice number as the payment reference.
Overdue Accounts
Where Gigglepin Australia has agreed to provide goods on credit, or payment remains outstanding beyond an agreed due date, Gigglepin Australia reserves the right, to the extent permitted by law, to charge interest on overdue amounts.
Where applicable, interest may be charged at the greater of 13% per annum or 4% above our banker's applicable interest rate, calculated from 30 days after the invoice date until payment is received in full.
Gigglepin Australia also reserves the right to recover reasonable costs incurred in recovering an overdue debt where permitted by law.
Any genuine query regarding an invoice should be raised with Gigglepin Australia as soon as reasonably practicable after receipt.
Delivery, Warranty & Returns
Delivery, freight, warranty claims, returns and exchanges are governed by our Delivery, Warranty & Returns Policy, which forms part of these Terms & Conditions.
Nothing in that policy or these Terms & Conditions limits any rights or remedies available under the Australian Consumer Law where those rights or remedies apply.
Intended Use
Off-road driving, vehicle recovery, winching, motorsport and competition activities are inherently dangerous. The installation and use of aftermarket and high-performance vehicle components may alter the handling, operation, performance and safety characteristics of a vehicle.
Unless expressly stated otherwise, products supplied by Gigglepin Australia are intended for off-road, recreational, recovery, motorsport and/or competition applications as applicable to the particular product.
The purchaser acknowledges and accepts the risks inherent in the installation and use of these products and assumes responsibility for ensuring that the product is suitable for its intended application and is installed, maintained and operated correctly.
It is the responsibility of the purchaser and/or operator to ensure that the vehicle, product and manner in which it is installed and used comply with all applicable laws, regulations, vehicle standards, registration requirements and competition requirements.
Installation
Gigglepin products are specialist automotive, winching and recovery products. Gigglepin Australia strongly recommends installation by a suitably qualified, competent and experienced professional.
Where Gigglepin 4x4 Ltd, as the manufacturer, provides installation instructions, technical specifications, operating instructions, maintenance requirements, warnings or other product guidance, these instructions must be read and followed.
The purchaser is responsible for ensuring that any person installing a product has the knowledge, skill, tools and experience necessary to undertake the installation safely and correctly.
To the maximum extent permitted by law, Gigglepin Australia is not responsible for loss, damage, product failure, injury or death arising from incorrect or inadequate installation, unauthorised modification, failure to follow the manufacturer's instructions, or installation by a person who is not competent to undertake the work.
Operation & User Competency
The purchaser and operator are responsible for becoming proficient in the safe and correct operation of the product before use.
The supply of a product by Gigglepin Australia does not constitute training or certification in its installation or operation.
The operator is responsible for understanding the product's operating procedures, limitations, maintenance requirements and applicable safety precautions before use and must only operate the product where they have the knowledge and competency to do so safely.
Where manufacturer operating instructions, warnings, specifications or technical guidance are provided, they must be read and followed.
Assumption of Risk
The purchaser acknowledges that off-road driving, winching, vehicle recovery, vehicle modification, motorsport and competition activities involve inherent and potentially serious risks.
These risks may include vehicle or property damage, equipment failure, personal injury and death.
The purchaser voluntarily accepts and assumes the inherent risks associated with the installation, operation and use of products supplied by Gigglepin Australia.
The purchaser is responsible for assessing the suitability of the product, vehicle, installation, operating environment and conditions before use.
Liability
To the maximum extent permitted by law, Gigglepin Australia accepts no liability for any loss, damage, injury or death arising from or associated with the installation, operation, misuse, modification, maintenance or use of a product, including use in off-road, recovery, recreational, motorsport or competition activities.
This includes, without limitation, loss, damage, injury or death arising from:
- incorrect or inadequate installation;
- failure to follow manufacturer instructions, specifications, warnings or maintenance requirements;
- operation by a person who is not competent or proficient in the use of the product;
- misuse, abuse or use outside the product's intended purpose or operating limitations;
- unauthorised modification or alteration of the product;
- inadequate inspection or maintenance;
- vehicle modification, incompatibility or failure;
- use of other components or equipment in conjunction with the product;
- environmental, terrain or operating conditions; or
- the inherent risks associated with off-road driving, winching, vehicle recovery, motorsport or competition activities.
The purchaser and/or operator remains responsible for the safe installation, inspection, maintenance and operation of the vehicle and its equipment.
Nothing in this section, or elsewhere in these Terms & Conditions, excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
Manufacturer Warranty & Technical Information
Gigglepin products are manufactured by Gigglepin 4x4 Ltd, United Kingdom, and distributed in Australia by Gigglepin Australia.
Products are supplied with the manufacturer's applicable warranty, installation information, technical documentation and/or operating guidance where provided for the particular product.
Gigglepin Australia administers applicable warranty matters in Australia in accordance with the manufacturer's warranty requirements and our Delivery, Warranty & Returns Policy.
Warranty coverage does not extend to failure or damage caused by circumstances excluded under the applicable warranty, including incorrect installation, misuse, abuse, unauthorised modification, inadequate maintenance or failure to comply with manufacturer instructions.
Any manufacturer's warranty is provided in addition to any rights or remedies that may apply under the Australian Consumer Law and does not replace or limit those rights or remedies.
Intellectual Property
Gigglepin products, designs, drawings, photographs, technical information, specifications, logos, trademarks, product names and other intellectual property remain the property of their respective owners.
Gigglepin Australia is the authorised Australian distributor of Gigglepin products manufactured by Gigglepin 4x4 Ltd.
No Gigglepin design, drawing, photograph, technical material, branding or other protected material may be copied, reproduced, manufactured, distributed or commercially exploited without the permission of the relevant intellectual property owner, except where permitted by law.
Unauthorised reproduction, manufacture or use of Gigglepin intellectual property may infringe Australian and/or international intellectual property laws.
Product Information & Website Content
Information provided on the Gigglepin Australia website, including product descriptions, specifications, photographs, installation information and technical information, is intended to assist customers in selecting and using products.
While reasonable care is taken to keep this information accurate and current, products and specifications may be modified or updated by the manufacturer from time to time.
Images may be illustrative, and minor differences may occur between photographs and the product supplied.
Where suitability, dimensions, compatibility or specifications are critical to a particular application, the purchaser should contact Gigglepin Australia before ordering.
Product Compatibility
It is the purchaser's responsibility to confirm that a product is suitable and compatible with the vehicle, winch, equipment or other components with which it is intended to be used.
Where Gigglepin Australia provides compatibility or technical advice, that advice is based on the information supplied by the purchaser and the product information reasonably available to Gigglepin Australia at the time.
The purchaser is responsible for providing complete and accurate information about the intended application.
Changes to Products
Gigglepin 4x4 Ltd may develop, improve or modify its products from time to time.
Accordingly, specifications, components, finishes, appearance or other product details may change without notice where those changes do not materially alter the essential nature or function of the product.
Intellectual Property Infringement & Counterfeit Products
Gigglepin Australia does not authorise the copying, reproduction or manufacture of Gigglepin designs by third parties.
Products represented as Gigglepin products but not manufactured or authorised by Gigglepin 4x4 Ltd are not covered by Gigglepin manufacturer warranties or Gigglepin Australia's warranty administration.
Governing Law
These Terms & Conditions are governed by the laws applicable in the Australian Capital Territory, Australia.
Where permitted by law, disputes relating to these Terms & Conditions or the supply of products by Gigglepin Australia will be subject to the jurisdiction of the courts and tribunals of the Australian Capital Territory.
Contact
Questions regarding these Terms & Conditions, product suitability, installation information, warranty matters or an order should be directed to:
Gigglepin Australia
ABN: 98 418 913 527
Website: www.gigglepinaustralia.com.au
Email: shop@gigglepinaustralia.com.au