These terms (Terms) apply to the ordering, purchase, and delivery of Products from the website shop at shop.worthingtonmotorcycles.com.au (the Site) and In-Store and form a contract between you and SMG Holdings Pty Ltd, ABN: 75 074 345 510 trading as Worthington Motorcycles to 5 Kangoo Rd & Central Coast Hwy, Somersby, NSW 2250 (Worthington Motorcycles). By using the Site in any manner, you agree and accept the Terms. If you have an account with us, you agree that these Terms (as amended from time to time) will apply to your use of the account and all of your Orders.
These Terms contain important information about the ordering, processing, and delivery of Products, including limitation of liability. Worthington Motorcycles reserves the right in its absolute discretion at any time and without notice to amend, remove, or vary the services or Terms and/or any page of this Site. Each time you use the Site, you should review and be aware of the current Terms.
Other important terms may also apply to your Order, such as the Click & Collect terms.
1.1. You will be bound by these Terms each time you submit an Order.
2.1 By placing an Order on the Site, you are making an offer to agree to purchase the Product(s) in that order. Orders will be deemed received by us at the time we send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order.
2.2. Each Order you place will be a separate contract.
2.3 A tax invoice will be issued at the time the Products are ready for despatch.
2.4. You acknowledge that all Products purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
2.5. From time to time, we may restrict the quantity of Products that can be purchased in one Order or during a particular period or per person or address. Any quantity restrictions will be stated on the product page, in materials about the relevant promotion, or as otherwise advised to you.
2.6. We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Products due to inaccurate or incomplete details provided in an Order.
2.7. You agree to obtain consent to provide us with the Personal Information of recipients of gifts or Products Ordered by you.
2.8. You may place an Order on the Site if you are aged 16 years or over (18 years if purchasing using Afterpay) and have an active email account or a telephone number at which you can be contacted.
2.9. If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many products as you wish in one Order.
2.10. We reserve the right to accept or reject your Order for any reason at any time. If we reject your Order, you will receive a refund of any money paid.
2.11. Your Order becomes a sale when your Order is dispatched and we have issued you a Tax Invoice.
3.1. From time to time, some Products may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Products impacted.
3.2. We may withdraw or suspend from sale any Product displayed on the Site, either temporarily or permanently, at any time and without notice. Worthington Motorcycles will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of the sale of a particular Product.
3.3. Where a Product that is the subject of an Order has been withdrawn or suspended from sale and your payment for the Product has already been processed, we will refund any money paid to us in accordance with clause 6.
3.4. Worthington Motorcycles reserves the right not to honour any incorrect offers represented on the Site made by genuine human or system error. Where your Order is affected by an error on the Site (for example, in a description, an image, Price, or otherwise), We will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, in accordance with clause 6, and Ducati Melbourne West will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
3.5. If your Order is affected by a genuine error (including in a description, an image, or a Price), we reserve the right to cancel your Order and refund any money paid to us.
3.6. You acknowledge and agree that:
a) all pictures and images of Products displayed are for illustrative purposes only;
b) any accessory featured with the Products is for illustrative purposes only, and may be sold separately; and
c) where we provide dimensions and measurements in the description of a Product, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Product is suitable for your purpose before submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Product).
4.1. When you place an order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
4.2. All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees (including Delivery Fees) imposed by these Terms also include GST where applicable.
4.3. We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Products at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).
4.4. The site specifies payment methods, including a Worthington Motorcycles gift voucher, credit card, or Stripe. The name on any credit card used for payment must match the name on the Order. Cash can be used for In-Store Orders. Cheques cannot be used as a payment method for any purchase from the Site, including for the payment of Orders.
4.5. Any payment for an Order must be cleared by Worthington Motorcycles before Products are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed, you should contact your card issuer to resolve the problem or use an alternative payment method to continue with your Order.
4.6. In paying or attempting to pay for Products, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
4.7. Lay-by is not available for Orders.
5.1 Dispatch times may vary according to availability. Any representations made regarding delivery times are estimates only and are subject to delays resulting from postal delays or force majeure for which we are not responsible.
5.3. Your Order may be fulfilled from multiple locations at different times depending on stock availability. You won’t be charged anymore for delivery in this instance.
5.4. A signature on delivery or pick-up (Click & Collect) may be required. If you refuse to sign the delivery document, this will be taken as a refusal to accept delivery.
5.5. If no one is at the delivery address or there is limited access to the delivery address and a signature is not required for the delivery, the Delivery Agent will leave a collection card with instructions on where to collect the Products.
5.7 Before placing your order, please read the product information page to determine if an assembly is required. Unpacking, assembly, and installation fees do not form part of your Delivery Fee.
6.1. Unless provided for under these Terms or as otherwise agreed by Worthington Motorcycles, no cancellations or changes to Orders will be accepted, and the Products will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Products under the Returns Policy.
6.2. If we cannot contact you about your Order using the contact details you provided in the Order after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
6.3. Unless otherwise explicitly stated by us, Delivery Fees will not be refunded if you return Products for change of mind or if you made an incorrect selection, including if you ordered the incorrect size, colour, etc.
6.4. Any Products you purchase can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
6.5. Worthington Motorcycles will process any refunds within a reasonable time of agreeing to do so.
6.6. If the original payment was made:
a) on a credit card, refunds will be processed on the same card as the original payment was made;
b) by a combination of gift voucher and credit card, then refunds will be processed on the same credit card as the original payment was made.
7.1. If a Product is subject to a product recall, a notice will be posted in the Product Recall notice section of the Site. You can return recalled Products as instructed in the Product Recall notice.
7.2. You consent to us contacting you or the gift recipient, using the personal information provided on your Order, to notify you of a product recall by telephone, email, SMS, MMS, or post.
8.1. The Products, Prices, and promotions offered on the Site may not be the same as those offered in a Worthington Motorcycles store. A Worthington Motorcycles store is not required to match a Worthington Motorcycles price where the offer or Price relates to an Online Only offer or where there is a price error.
8.2. You may receive online offers and promotions, whether mailed to your home, distributed in a Worthington Motorcycles store, with your Order emailed to you, or available on the Site. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. The Code may be specific to only certain orders or Products on the Site. Any Code is non-transferable, cannot be posted on a forum or website, and may not be used with other offers.
8.3. All references to times in promotions are based on the local time in New South Wales, Australia unless stated otherwise.
9.1. Personal Information, which you provide to us during the Order or In-Store Order process including contact details, will be kept, used, and disclosed by us by our Privacy Policy. See our Privacy Policy for further information on how to access or update your Personal Information.
9.2 We may also collect (even if you do not register to the Site), and our third-party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Site, etc.
9.3. Unless otherwise indicated in your account settings or at the time you placed your Order, Worthington Motorcycles may send you marketing information
9.4. To change or update your online account information (including your email address, password, or communication preferences), simply log in to your account.
9.5. Worthington Motorcycles reserves the right to conduct and implement fraud detection processes, including without limitation validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details or rescind the transaction. In this case, your Order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your Order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.
10.1. Risk and title in the Products passes to you on the date and time of delivery of the Products to you by the Delivery Agent or when collected in-store through Click & Collect.
10.2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.3 We may provide an additional warranty in addition to your Consumer Law rights and remedies. Any additional warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty terms and warranty conditions for your purchase.
10.4. We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
10.5. You represent and warrant to us that we will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
10.6. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
11.1. We may, at our discretion, terminate the agreement for the supply of Products to you:
a) for convenience, at any time, on giving notice to you; or
b) immediately if we reasonably believe that you have breached these Terms and:
that the breach is not capable of remedy; or if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach can be remedied).
12.1. See Worthington Motorcycle Site Terms for further information on trademarks, copyright, and other applicable terms including those relating to use of the Site.
12.2. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Site. The Terms which apply at the time you place an Order are those that govern that Order.
12.3. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
12.4. Our failure or delay to exercise a power or right under these Terms does not constitute a waiver of that power or right, and our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.
12.5. The laws of New South Wales, Australia govern this agreement. Your transaction is deemed to have taken place in New South Wales, Australia.
The following definitions apply to these Terms.
Business Day means a weekday in which trading banks are open for the transaction of banking business in New South Wales, Australia.
Click & Collect allows you to purchase goods for collection at a Worthington Motorcycles store.
Delivery Address means the address to which the Products are to be delivered, as stated on your Order.
Delivery Agent means a third-party delivery or shipping company engaged by us to deliver Products.
Delivery Fee means the applicable fee for the delivery of Products.
Worthington Motorcycles means SMG Holdings Pty Ltd, ABN: 75 074 345 510 trading as Worthington Motorcycles.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
In-store means at our Worthington Motorcycles store at 5 Kangoo Rd & Central Coast Hwy, Somersby, NSW 2250.
In-Store Order means an Order placed on your behalf by a member of our staff In-Store.
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order, or rule, any government ordinance or by-law, any governmental agency's rule, regulation, or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Products from Worthington Motorcycles under these Terms whether through the Site or In-Store.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Product as specified on the Site or the In-Store Order confirmation.
Privacy Policy means our Privacy Policy.
Products means the items offered for sale on the Site.
Returns Policy means our Returns Policy https://shop.worthingtonmotorcycles.com.au/Returns-And-Refunds
Site means the sites available from Worthington Motorcycles .com.au
Site Terms means the terms governing your use of the Site, in addition to these Terms. View the Site Terms here.
we, us, and our means Worthington Motorcycles.
you and your means you as the purchaser of Products from Worthington Motorcycles pursuant to these Terms.
