Seller – Refers to Modkingz
Buyer – Refers to the person or company placing an order with the seller for the purchase of goods and services.
Conditions – Or these “conditions” means these conditions of Sale.
Goods – Refers to all goods, merchandise and services supplied by the seller, pursuant to these conditions of sale.
2. CONDITIONS OF SALE
These conditions are the conditions upon which will deal with and sell products to a purchaser. Modkingz may vary these conditions from time to time. Any such amendments shall be binding on the purchaser. The placement of an order by the buyer will be deemed acceptance of these conditions. Coupons or vouchers must be redeemed online and may not be redeemed over the phone or in-store. Only one coupon may be redeemed at a time and may not be used in conjunction with any other coupons or offers.
3. ALTERATIONS OF CONDITIONS
These conditions shall apply to all orders placed by the buyer with the seller to the exclusion of all other items or conditions unless otherwise expressly agreed in writing. If the terms of the buyer order are inconsistent with these conditions the delivery of the goods to buyer or as buyer directs shall constitute an offer by a seller to sell the goods to the buyer pursuant to these conditions which offer buyer shall be deemed to accept by taking delivery of the goods.
4. SELLER MAY DECLINE ORDERS
Seller reserves the right to accept in whole or part any order, or decline an order.
The date for delivery is the estimated date of delivery, the seller shall be under no liability for any loss or damage how or damage howsoever arising if the goods are not delivered by that date. Where seller is unable to deliver the goods because of matters beyond the control of seller, then the estimated date for delivery shall be extended until the cessation of the effect of such matters. If the items purchased by the Buyer are out of stock the Buyers order will automatically be placed on a back order which can take up to 16 weeks.
6. RETURN POLICY/POINT OF DELIVERY AND PASSING RISK
Cancellation of Goods must be made within 48 hours of making the order or before Goods are dispatched. (Fees apply, see clause 10, Return of Goods.) If you wish to cancel your order, please contact our Customer Service Team on 02 8880 4628. Goods are non-returnable and non-exchangeable unless goods are;
- Does not fit your vehicle according to buyers specifications – only applies to wheel and tyre packages
Goods are intended to be used strictly in accordance with manufacturer's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product in accordance with those instructions.
All returns must be made via our Return Procedure with a valid form, please send us an email to [email protected] with your request.
- Products must be in original packaging and in a new and resalable condition.
- Any product that was used or fully/partially installed is non-returnable.
- Any shipping costs are not covered by the Seller, Full costs are the Buyers responsibility.
- They're a few exceptions for items that cannot be returned include:
- Items Marked "Non-Returnable" (clearly indicated on the product page before placing your order)
- Personalized Items (custom engraved, embroidered, or painted).
- Any goods marked down on special cannot be returned or exchanged.
Unless otherwise agreed in writing. Buyer shall take delivery of the goods at the buyer nominated delivery address and risk in respect of the goods shall pass on such delivery. To the extent that the seller accepts responsibility for damaged goods in transit, such responsibility shall end upon delivery to buyers store to his authorized agent. In any event, the seller will accept no liability for damage to goods in transit not notified in writing to it and to the carter concerned within 48 hours after delivery of the goods to the buyer.
7. PRODUCT APPEARANCE
All images appearing on this website are provided by our manufacturers and suppliers. Actual product appearance may vary in terms of Pitch Circle Diameter (PCD) appearance, colour and finish. These variances in no way affect wheel performance or engineering integrity of the wheel. If you require images of your actual product before purchase please do not hesitate to call 02 8880 4628 or email us and we are more than happy to provide you images of the wheels, that you are interested in, pre-purchase.
a) Seller shall accept no liability for non–delivery of goods unless notifications of such non-delivery are received within twenty–one (21) days after receipt of sellers statements including the non-delivered goods. Sellers liability for non–delivery shall be limited to be replaced of the goods within a reasonable time.
b) Seller shall not accept liability for wheels damaged in transit. Damage claims must be made to the delivery freight carrier.
c) If the buyer wishes to change the delivery address after placing an order, any fees that the seller may incur from the delivery freight carrier will be passed on to the buyer. Modkingz Wheels, Tyres and Suspension only ships within Australia. All orders including delivery costs are in Australian dollars (AUD).
- Standard processing times can take up to 1-3 working days.
- Processing times for holiday periods can take up to 3-4 working days.
- Any orders using Afterpay and ZipMoney have processing times that can take up to 5-7 working days.
- Please note our intention is to get our products delivered as quickly as possible and always try our best to reduce our processing times.
- As soon as products are dispatched, a tracking number will be sent via SMS and email to Buyers nominated contact details.
- Installation kits for any Fuel, Niche, Rotiform, Concave Concept and Enkei wheel products will come at an additional cost to the Buyer. They are high end and require custom made hub rings for Australian vehicles.
- Custom or build to order wheels are not eligible for our fitment guarantee and are not returnable as specifications are provided by the Buyer.
- We will not guarantee fitment if you request a special offset for the wheel. Also fitment guarantee will only apply to the wheels with standard tyre size if customer buys wheels only. No fitment guarantee on customers purchased wheels only and tyres not recommended on the package or from other retailer.
d) The buyer gives the seller consent to leave the goods unattended upon delivery, it is the responsibility of the buyer to ensure that someone is present, at the delivery address, to accept the goods, Unless the buyer authorises otherwise. Any fees that the seller may incur from the delivery freight carrier in the re-delivery process will be passed on to the buyer.
a) Property in the goods remain with seller and buyer agrees to hold the goods as Bailee for seller;
b) Seller may at any time terminate any contract relating to the goods; hold the goods as Bailee for seller
c) Buyer authorizes seller by its servants or agents to enter any premises owned, leased or otherwise occupied by buyer for the purpose of taking possession of the goods and authorizes seller to buy its servants or agents to use all reasonable force to obtain such possession and
d) If the goods are sold by the buyer, the buyer acknowledges that such sale is by the buyer as Bailee for and on behalf of the seller and agrees to hold the proceeds for sale and trust for seller until payment in full to the seller for goods.
e) Notwithstanding paragraph 6, until payment in full to the seller for the goods.
10. RETURN OF GOODS
a) Except in accordance with clause 6 hereof, no goods shall be returned without prior written consent of seller and where goods are returned without such consent, the same shall be returned to the buyer at buyer's expense.
b) Manner of return
Unless otherwise agreed by seller, all returns should be made via the authorized sellers transport making the initial delivery and all returned goods must be accompanied by an itemized credit claim signed by an officer /employee of the buyer stating the reason for the return goods unless relevant invoice number (s) are quoted if any returned goods are damaged or destroyed on or prior to returning to the sellers warehouse.
I. All costs involved with wheels, tyres or accessories returned to the seller shall be the sole burden of the buyer unless otherwise agreed upon by the seller. Returned goods must have a freight fee paid for prior to being returned. Any goods returned without the consent of the seller shall be kept in the seller's possession with no action taken until freight fees have been paid for. Any goods not accepted by the buyer from the courier may incur further delivery fees in accordance with courier resending fees.
II. Wheels/Rims that have been fitted with tyres will not be accepted for return.
III. Wheels will not be accepted for return unless in original packaging.
IV. Tyres will not be accepted for return if they have been mounted to wheels.
V. 25% cancellation/exchange/refund fee applies on all orders cancelled by the buyer for personal reasons if accepted on the seller's behalf.
11. WHEEL CARE INSTRUCTIONS
Always clean chrome or painted wheels with mild soap and water after each use. Failure to do so could lead to paint/chrome being damaged. Do not use any harsh chemicals, detergents or polishing compound that contains abrasives on chrome or painted wheels. Using these types of products can cause permanent damage to your wheels and will void your warranty! Remember to run cool water on wheels before cleaning or let wheels cool off themselves failure to cool wheels before cleaning can cause discolouration. Automatic car washes are not recommended.
11.1 Failure to re-torque lug nuts could cause a serious accident and bodily injury. RE-TORQUE LUG NUTS AFTER 50KM OF USE EVERY TIME WHEEL LUG NUTS ARE REMOVED.
11.2 Any items left on company premises longer than 30 days will have your items forfeited.
12. FREE SHIPPING TERMS & CONDITIONS
Free shipping applies only to metro areas excluding Northern Territory, Western Australia and Tasmania. An oversized and overweight surcharges will apply on 4WD wheel and tyre packages, and bull bars. Special truck or redelivery fees are also not covered by our free shipping terms & conditions. Metro areas are defined as any location within a 50km radius of the Central Business District (CBD) of a major city in Australia. Additional costs do apply for regional areas starting from $49.00 per pkg. Please contact Modkingz on 02 8880 4628 for costs to regional areas.
13. FITMENT GUARANTEES
The Seller cannot provide any fitment guarantees for vehicles that are 10 years old or heavily modified vehicles.
14. FITTING AND BALANCING
Goods will be delivered separately and will incur additional costs to fit and balance them. Modkingz will not be responsible for additional charges, labour, loss or damages caused by Buyers desired fitter.
15. PRICE BEAT GUARANTEE
The Seller will match our competitor's prices if the buyer can provide us with a valid online quote. If the seller cannot match a competitor's prices the buyer will be informed. All quotes must be provided PRIOR to purchase. No refund or price match will be allowed if the buyer has already purchased items.
16. STOCKED ITEMS
Modkingz website does not include live inventory, when the buyer purchases they understand that the order may be subject to a backorder.
17. FREIGHT INSURANCE
When a buyer purchases freight insurance their items are covered only if DAMAGED on freight. If the items are damaged we will replace them no questions asked.
In an effort to provide our valued clients with the most up to date and accurate information Modkingz is continuously implementing real-time updates to our online superstore. Due to the immediate nature of these updates, the correction of any errors and/or omissions can happen at any time without prior notice. This information may include but is not limited to pricing, availability, suggested use, fitment, compatibility, and warranties.
Modkingz is not responsible for any additional charges, labour, loss, or damage incurred as a result of information, correct or incorrect, referenced or products purchased from Modkingz. While we work to avoid any errors or omissions that may appear on the Modkingz website, we do reserve the right to cancel any undelivered orders based on inaccurate information.