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Terms & Conditions

About These Terms And Conditions

In these Terms and Conditions, "we" and "us" mean Vicky Sun Pty Ltd ABN 93 128 797 991, trading as Vicky Sun Tyres of 10 Rose Crescent, Regents Park NSW 2143 Australia, and "you" means you the customer.

These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

 

International Sales

We sell and ship our products to Australia and New Zealand only currently.

 

Legal Capacity To Transact

If you are under the age eighteen (18) years you can not place orders with Vicky Sun Tyres.

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should Vicky Sun Tyres suffer any damage or other losses as a result of a transaction entered into by a minor, Vicky Sun Tyres reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with vicky Sun Tyres.

 

Placing Your Order

By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.

Information contained on the Vicky Sun Tyres website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however Vicky Sun Tyres will make every effort to supply Products to you.

We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Vicky Sun Tyres and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.

If we cannot process or accept your order after payment is received we will contact you by email or telephone.

 

Payment Methods And Processing

Vicky Sun Tyres currently accepts Visa/MasterCard, PayPal, Bank Depoist, Money Order and Cheque.>

Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding NSW Public holidays.

We process Credit Card and PayPal payments after you click the "Submit My Order" button.

 

GST

Vicky Sun Tyres purchases include GST unless otherwise stated on a Product listing. All prices include GST.

 

Prices

Vicky Sun Tyres always seeks to list Products with the most competitive prices.

Vicky Sun Tyres reserves the right to change prices for Products displayed at VickySunTyres.com.au at any time.

All prices are in Australia Dollars (AUD).

 

Delivery Of Your Products

Vicky Sun Tyres normally despatches paid item within 2 business days from Regents Park NSW 2143 once payment received in full. Then it depends on courier timetable for you to get your delivery. Most delivery takes 1-5 working days but it may take 10 working days. You can check the delivery time for your post code at Australia Post, your parcel will be sent from Regents Park NSW 2143. Once your parcel is shipped, we will send you a shipping confirmation email to you with the tracking number. All deliveries are trackable. you can check your delivery status online, on the phone (Australia Post 13 13 18) or contact us.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery. Sometime, Australia Post carrier does not leave a notification card, so please check it with your local Post Office, if you think your parcel should be arrived, or you are welcome to contact us.

We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on Shipping & Returns; however, we do not guarantee that we will deliver within this time frame.

pan style="font-family: 'Verdana','sans-serif'; color: black; font-size: 7.5pt;">We fully insure all deliveries, in the unlikely event a parcel is lost in transit. This means there is absolutely no risk at all for your order deliveries.

 

Return A Product

If you change your mind about a purchase or make an incorrect choice, we will refund you or change the tyres for you, or provide you store credits within 14 days of delivery for unopened products, depending on your choice. This store credits or refund excludes all delivery costs. To change tyres, buyer needs to pay the postage on both ways.

If the Product is damaged or Dead on Arrival, Dead Soon After Arrival or a Later Defect Product, we have indicated below what you should do and how Vicky Sun Tyres will respond to the problem.

Vicky Sun Tyres will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.

Statutory Conditions and Warranties

Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.

For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.

Dead On Arrival Products - "DOA"

A Vicky Sun Tyres Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.

A Vicky Sun Tyres Customer Service Representative will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to provide a full refund, a replacement product, or provide the store credits, depending on your choice.

Where Vicky Sun Tyres has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Vicky Sun Tyres. Freight collect or COD returns will not be accepted.

If the Product is deemed by Customer Services NOT to be DOA, Vicky Sun Tyres may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.

When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. Replacement Products are provided with the same warranty as the returned Product.

When a refund is given, the returned DOA Product becomes our property.

Dead Soon After Arrival Products - "DSAA"

If you find a defect in a Product within a reasonable time after delivery and before you have used it a lot (30 days as a rule of thumb) you should notify Vicky Sun Tyres and your claim will be treated in the same way as a DOA product (see "Dead On Arrival Products").

Later Defect Products - "LD"

If the Product is not DOA or DSAA and you find that the Product has a defect or a problem within a reasonable time during which it should not have that defect or problem, it is a LD Product. Vicky Sun Tyres will exchange the LD Product where possible, or refund you the purchase price of the Product.

A reasonable time is the amount of time that is reasonable to expect, given the cost and quality of the item and the amount and type of usage. Only rarely will that period exceed one year and usually it will be much shorter.

Vicky Sun Tyres offers a 10,000KM warranty for car, van, and light truck tyres, 15,000KM warranty for truck tyres. If a customer believes that their Vicky Sun Tyres product has not given them the value expected after purchase, please contact the Customer Service for assistance. Vicky Sun Tyres will then determine whether to make a refund or provide a replacement.

Where claims are made more than 90 days after delivery, we will need full details about the way the LD Product has been used and it may be necessary for us to make further inquiries.

When a claim for a LD is made, a Vicky Sun Tyres Customer Service Representative will provisionally determine whether the Product is LD. Where a Product is provisionally determined as LD, we will make arrangements with you for the return of the Product, and provide a replacement product or a refund.

Where Vicky Sun Tyres has provisionally determined that a Product is LD, return shipping will be arranged at the expense of Vicky Sun Tyres if the claim has been notified to us within 30 days of delivery. Other cases will be considered on their merits.

If the Product is deemed by Customer Service NOT to be LD, and is not covered by a warranty, Vicky Sun Tyres may refuse to replace the Product or give you a refund for the Product.

Where a refund is given for a LD product, it may be given as a Store Credit to Your Account.

The delivery time for replacing the Product will be the same as stated for the original Product.

Replacement Products are provided with the same warranty as the returned Product.

Return Merchandise Authorization (RMA) number - A Must Have

A Return Merchandise Authorization (RMA) number is required for replacement Products, refunds, or store credits.

Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with a RMA number. Products can not be returned without a RMA number. The Product should be returned to Vicky Sun Tyres within 30 calendar days of the issuance of the RMA. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.

Organising the Return of DOA Products

DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.

Where you received a DOA Product by Australia Post eParcel, Customer Service will email you a PDF docket containing a RMA number which you must affix to the Product. You must then leave the Product at any Australia Post Office.

Where you received a DOA Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you.

For more informations, please go to How to Return Merchandise.

When a Replacement Product is arranged:

  • A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.
  • The delivery time for the replacement Product will be the same as stated for the original DOA Product.
  • Replacement Products are provided with the same Limited Warranty as the DOA Product.

When a Refund is arranged:

  • Refunds include all shipping and associated costs for the DOA Product.
  • No refund will be given to you until Vicky Sun Tyres has received the DOA Product from you.
  • Refunds will be issued by cheque or Paypal if original payment via paypal

Some Products - Manufacturer Only Warranty

Some Products sold through Vicky Sun Tyres are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.

For items advertised and sold with manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply, Vicky Sun Tyres will replace the item or issue a refund of your purchase price for that item.

 

Our Liability

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

 

Your Data - Use And Protection

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Vicky Sun Tyres Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Vicky Sun Tyres Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.

 

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Vicky Sun Tyres. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Vicky Sun Tyres for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Vicky Sun Tyres, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

Vicky Sun Tyres reserves the right to change the Terms and Conditions of sale at any time.

No Vicky Sun Tyres employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

 

Force Majeure

Vicky Sun P/L shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Vicky Sun P/L, and Vicky Sun P/L shall be entitled to a reasonable extension of time for the performance of such obligations.

 

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.