Terms & Conditions

Terms & Conditions

OVERVIEW
This website is operated by Spoilers And Bodykits. Throughout the site, the terms “we”, “us” and “our” refer to Spoilers And Bodykits. Spoilers And Bodykits offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

All sales are final and all products sold by Spoilers and Bodykits are sold "as is" to the Buyer. The buyer assumes all responsibilities for determining the suitability of a product. While we make every effort to provide technical information and assistance, we have no control over the installation carried out by the customer or individual fitting the item, and modification.

All items sold by Spoilers and Bodykits are aftermarket parts, they are not genuine. Buyer understands that all body kits & aftermarket parts may require some prep work before paint; we are not responsible for any extra incurred work, fees, material fees, storage fees or for unexpected labour your body shop/paint/fitting shop charges the Buyer. Prefitment before painting is required and voids all claims if not carried out. Fibreglass/carbon fibre/composite products may have some small imperfections like pin holes and the like that are beyond our control. All fibreglass/carbon fibre/composite parts we sell still need to be prepped and painted by a panel beater or someone qualified to do so. We will not be liable for any person/business/shop/professional that you may have to engage to fit or modify an item.

All parts must be fitted to your vehicle before any modification. This way you can check for fitment. We will not be liable/give a refund for fitment issues if you have already painted, modified or altered an item, as we can no longer sell the item if you have painted or modified it.

Buyer understands that all bodykits & aftermarket parts may need modifications for correct fitment such as modification or removal of reinforcements, lights/side marker indicators, or shaving, moulding or adjustments of the item etc. Note that for bumper bars that some do not mount to factory mounting points and some do. For ones that don't, you may need to make your own mounting brackets.

We shall not be responsible for any late shipments. Sometimes things happen that are out of our control. All shipping dates given are approximate only. Buyer shall not be entitled to charge-backs, reductions of price, or other offsets as result of late shipment or failure to deliver in estimated time of delivery. Any redelivery needed will incur an extra delivery charge by the customer. A $20 'change of details' fee applies for all name/address changes made after the booking process is finalised. If an item arrives damaged we must be notified within 24 hours, no repair work must be undertaken on the product. Note that in the case of a lost shipment, and customer wants to cancel order, no refunds can be processed until we have confirmed with freight company the status of the package and the case has been closed.

All parts for sale at Spoilers and Bodykits are recommended for show conditions, not for street legal used purposes. They are meant for pure off road use only. This goes for any item whether it be bodykits, accessories, lights, etc. Spoilers and Bodykits does not endorse, nor recommend modification of vehicles for use on public roads since warranty or RTA regulations may be violated. Any buyer understands that aftermarket parts sold by Spoilers and Bodykits may void warranties. Buyer understands the ramifications for having performance or after-market parts on a vehicle. Spoilers and Bodykits will not be held responsible for any misconception or disappointments associated with any of these parts.

Spoilers and Bodykits is not responsible or liable for any damages or possible injury incurred upon possible accidents due to driver error, incorrect installations, faulty items, bad judgment or act of God, etc. Any part not installed by a qualified professional will void any refund or return policy. Spoilers and Bodykits is not responsible or liable for any fees a shop may charge to fit/remove an item if the original item sent was incorrect, faulty or otherwise. While we always endeavour to make sure the correct item is sent, sometimes mistakes may happen.

Information about products on this site are in general non-specific in their definition. Product images and specifications are for illustrative purposes only and do not form any part of a contract between the parties implied or otherwise. Images may or may not be exactly what a product looks like as colours can vary depending on the device screen you are viewing on. Note that sometimes a product may be slightly different than pictured, however we always try to have the most accurate descriptions and pictures available. Customers should satisfy themselves as to the specification of the product being ordered and clarify points requiring specification with a salesman prior to placing an order. Any Australian-made wording means the product is manufactured in Australia but may at times still use materials that are from overseas. By buying any item off Spoilers And Bodykits you agree to our all of terms and conditions.

Spoilers and Bodykits accept no responsibility nor will be held liable for damages caused to Vehicles / Vehicle engines / Property / Loss of life / Injury or injury to others as a result of fitment of any of these products.

Prior to fitting any product that uses double sided tape, urethane or similar, ensure your vehicle is thoroughly washed and clean ensuring the mating surface you are fitting the product to is free from any GREASE / WAX / POLISH or any other contaminants. As surface preparation is very important, we recommend the use of a “Wash and Grease Remover” solution to be used on the mating surface as per directions on the solvent bottle you use. Failing to prepare the surface correctly, you risk the possibility of the product not adhering to the surface correctly & coming off. When fitting, apply firm but not excessive pressure or weight. We will not be held liable for how a product has been fitted to a vehicle. We will not be held liable for how a product has been fitted whether it is by you, someone you know or a professional. Our refund and returns policy covers the item itself, not how it has been fitted to a vehicle.

Any head light or tail light assemblies must be installed by an auto electrician. Failing to follow these instructions will void any refund or return policy we offer on the product. We will not be liable for any person/business/shop/professional that you may have to engage to fit or modify an item. Note that most head lights and tail lights available for sale by Spoilers and Bodykits may not be ADR approved and are for off road use only. Contact us if you want confirmation. Any light with a tinted lens may or may not be legal in your State or Territory. Please check with your State or Territory if you're unsure before purchasing.

Spoilers and Bodykits are not liable to pay any installation fees charged by a professional installer, of any replacement parts sent to the customer if original parts sent were faulty. All installation or re-installation of parts are payable by the customer.

Most fibreglass/carbon fibre/composite products are made on demand by our manufacturers, therefore PLEASE ALLOW at least 8-25 business days (depending on the product) for any product to be made and anywhere from 2-8 days for shipment, depending on where you live. All other parts please allow 2-4 days for handling before they are shipped out to you. Note that items may be freighted from product partners and manufacturers warehouses to the consumer. Please note that any overseas orders shipped to an overseas customer (other than within Australia) are not covered by our normal refund/returns policy. If you are in doubt, please contact one of our friendly team.

Spoilers And Bodykits & its employees, contractors or suppliers will not be held liable for any component failure resulting in Damages caused to: Vehicles / Property / Death / Lose of life / Limbs / Personal Injury or Injury to others as a result of. All aftermarket parts sold are intended for Off Road Use Only. Spoilers and Bodykits is not a manufacturer. Anywhere in our communication either on this site or any other platform of communication where we use "we", "us" or similar terms, may refer to us or our suppliers and manufacturers. All work should be carried out by a Licensed Mechanic / Repairer. If you do not agree with any of the Terms or Conditions set out above, please return goods unopened in the original packaging they come in for a refund minus freight costs. We reserve the right to refuse service/selling to anyone.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Note that we cannot control courier delivery times or where an item may be placed at an address. Note that products may be shipped directly from our suppliers warehouses to the buyer. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please see our Privacy Policy further below.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Spoilers And Bodykits, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Spoilers And Bodykits and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - TRACKING THROUGH CONVERSIONS API AND ADVANCED MATCHING
We use Facebook conversions API and advanced data matching, which shares data directly from Shopify’s servers to Facebook and/or other third parties. This means the data can’t be blocked by ad blockers. If you want to opt out please email us via our contact page.

With automatic advanced matching, we can capture the hashed customer data from our website during processes like checkout, account sign-in, or registration. Hashing is the process we use to transform data for security reasons. We can then use hashed identifiers to better match people visiting our website with people on Facebook.

Note: The pixel advanced matching process is not designed to collect any sensitive information, such as passwords or financial, health or government data. We only use hashed customer data to match more pixel events for that customer.

The Facebook pixel uses secure https connection, so that any data transmitted from the browser will make it to our servers safely.

SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via our contact page.