Terms & Conditions

Hello and welcome to Mr-Restore Australia’s online marketplace, we’re glad you found us! Please bear in mind that your use of this website is subject to these Terms.

The term ‘Mr-Restore Australia’ or ‘us’ or ‘our’ or ‘we’ refers to the owner of the Platform and entities associated with it. The term ‘User’ or ‘you’ or ‘your’ refers to the Platform user.

These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Mr-Restore Australia governing your access to and use of the Mr-Restore Australia website with URL address http://www.mr-restore.com.au and any other websites through which Mr-Restore Australia makes the Parts available (collectively referred to as the “Platform”).

By using the Platform, you agree to be bound by and to comply with these Terms, which incorporate and include any terms and conditions for payment processing products through or in connection with your use of the Platform made available to you by Mr-Restore Australia.

By continuing to use the Platform, you agree with the terms of our Privacy Policy and any other policies published by us.

If you do not agree with any of these terms and conditions, you must not use the Platform.

1.             Platform Conditions

1.1          Online platform

The Platform is an automotive shopping website where you can browse, select and order spare motorbike parts (“Parts“) advertised for sale by Mr-Restore Australia (“Listings“).

You agree to receive communications from Mr-Restore Australia and from our third-party service providers and you agree to accept “cookies” and other similar devices used by the Platform to perform our services. You also agree that we may call or email you about any incomplete or unconfirmed enquiry you make through the Platform. Further information on the use of data can be found in our Privacy Policy.

1.2          Accuracy

We endeavour to ensure that Listings, descriptions and specifications on the Platform are accurate. However, Listings, Part descriptions and specifications on the Platform are based on information provided by manufacturers and suppliers and we do not guarantee that the Platform is accurate or free from errors or omissions. We reserve the right to make any necessary corrections at any time without notice.  

Images displayed on the Platform are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by Mr-Restore Australia of any Listing or Part.

1.3          Links to Third Party Products

The Platform may contain links to third-party websites or resources (“Third-Party Products”). Such Third-Party Products may be subject to different terms and conditions and privacy practices. Mr-Restore Australia is not responsible or liable for the availability or accuracy of such Third-Party Products, or the content, products, or products available from such Third-Party Products. Links to such Third-Party Products are not an endorsement by Mr-Restore Australia of such Third-Party Products.

1.4          Availability of Platform

Due to the nature of the Internet, Mr-Restore Australia cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. Mr-Restore Australia may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. Mr-Restore Australia may improve, enhance and modify the Platform and introduce new products from time to time at its sole discretion.

1.5          Use of the Platform

Mr-Restore Australia may make access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews (when available) thresholds, purchase history or other factors.

1.6          Intellectual Property

The Platform contains copyright material, registered and unregistered trade marks and other intellectual property rights that are protected by law and are the property of Mr-Restore Australia and various third parties. You must not use this material or such other intellectual property rights without our prior written consent. 

1.7          No Responsibility for User Identity

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to:

• ask Members to provide a form of identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members;
• screen Members against third party databases or other sources and request reports from service providers; and
• where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions (if available).

2.             Modification of these Terms

2.1          Modification to Terms

Mr-Restore Australia reserves the right to modify these Terms at any time without notice or liability by posting the revised Terms on the Platform.

We reserve the right to remove any content, in whole or part, at our discretion without giving reasons.

2.2          Your Right of Termination

If you disagree with the revised Terms, you may terminate your Membership with immediate effect. If you do not terminate your Membership before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms.

3.             Account Registration

3.1          Member Registration of Account

You must register an account (“Account“) to access and use certain features of the Platform, such as creating a wish list. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

Each holder of an Account is deemed to be a Member.

3.2          Email address and password

You can register an Account using an email address and creating a password.

3.3          Member’s Obligation to Provide Accurate Information

You must provide accurate, current and complete information during the registration process and keep your Account information up-to-date at all times. This includes, but is not limited to name, email address, delivery address(es), billing address(es) and telephone number.

Incorrect information provided could lead to a delay in delivering your Parts or non-delivery of your Parts. 

3.4          Member Responsible for Confidentiality

You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify Mr-Restore Australia if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorised use of your Account. You are liable for any and all activities conducted through your Account.

4.             Product Prices and Orders

4.1          Price

Prices displayed on the Platform represent the full price in Australian dollars (AUD), including GST (Goods and Services Tax) (if applicable), for the Part itself but do not include postage or delivery charges which will be in addition to the displayed price and depend on your specified delivery destination. Depending on your specified delivery destination, we may contact you before accepting your order and provide you with a quote for delivery. If, within a specified timeframe you do not agree to accept the quote for delivery, Mr-Restore Australia will cancel your order.

As we always seek to provide our customers with the most competitive prices, we reserve the right to change prices displayed for Listings at any time and without notice or liability.

Mr-Restore Australia is not responsible for any currency conversion or any fees, charges or expenses incurred by you in relation to any currency conversion or foreign exchange whatsoever. You must pay all and any quarantine expenses, import duties, levies or import, sales, transaction, use, excise, gross receipts, value added, property or other taxes, fines or duties of any kind applicable to the Parts. These charges may be separately levied on you by the applicable authority.

You are solely liable for any additional costs or penalties incurred as a result of late payment, or storage, abandonment, disposal or other fees, fines or expenses incurred as result of your delay in picking up Parts from a depot or delivery centre after receiving a delivery slip.

We will not consider any order accepted, and will not dispatch any Parts, without receiving payment in full.

4.2          Cancellation of Orders

Mr-Restore Australia reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted. Mr-Restore Australia may do this for example, but without limitation, where:

• an event beyond Mr-Restore Australia’s control such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Mr-Restore Australia is unable to supply the Parts within a reasonable time;
• Parts ordered were subject to an error on the Platform, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted; or
• You ask Mr-Restore Australia to cancel your order and we, in our absolute discretion, agree to do so before the Parts are shipped.

5.             Payment Terms

5.1          Payment Services

Mr-Restore Australia provides payment services to Users, including payment collection services, payments and payouts, in connection with and through the Platform (“Payment Services”).

5.2          Changes to Payment Services

Mr-Restore Australia may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Mr-Restore Australia may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.

5.3          Third Party Services

The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Users and Members should review them independently. Mr-Restore Australia is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Mr-Restore Australia of such Third-Party Services.

5.4          Use Governed by the laws of Australia

You may not use the Payment Services except as authorised by the laws of Australia, the laws of the jurisdiction in which you reside, and any other applicable laws.

5.5          Additional Services

Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise, but will not affect these Terms as between you and us.

5.6          Use of Payment Services by Mr-Restore Australia

Mr-Restore Australia may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process, meeting specific eligibility criteria, purchase history, or other factors.

5.7          Suspension

Mr-Restore Australia reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any information.

5.8          Provision of Information

When you add a payment method to your Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Mr-Restore Australia or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a payment method and it is your obligation to keep your payout method up-to-date at all times.

You authorise Mr-Restore Australia to store your payment information and charge your payment method as outlined in these Terms.

You are solely responsible for the accuracy and completeness of your payment information. Mr-Restore Australia is not responsible for any loss suffered by you as a result of incorrect payment information provided by you.

5.9          Cancellation of Order

If an order is cancelled in accordance with these Terms, any amounts collected by Mr-Restore Australia will be refunded to you and any pre-authorisation of your payment method will be released (if applicable). The timing to receive the refund or for the pre-authorisation to be released will vary based on the payment method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

5.10       Third-Party Payment Service provider Charges

Mr-Restore Australia is not responsible for any fees that a third-party payment service provider may impose when Mr-Restore Australia charges your payment method and Mr-Restore Australia disclaims all liability in this regard.

5.11       Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payment by you, so that you end up receiving or paying the correct amount.

5.12       Purchase Modifications

If you owe additional amounts to Mr-Restore Australia due to any modification to your order following acceptance, you agree that Mr-Restore Australia may collect such amounts by charging the payment method used to make your purchase.

5.13       Legally Binding Agreement

Upon receipt of a purchase confirmation from Mr-Restore Australia, a legally binding agreement is formed between you and us.

Title to and risk in the Parts passes from Mr-Restore Australia to you immediately upon delivery of the Parts to Mr-Restore Australia’s nominated shipping carrier.

6.             Refunds and Returns

6.1          Your rights

Your purchase of Parts will be subject to certain laws including, without limitation, the Australian Consumer Law.  The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Parts must be of acceptable quality, reasonably fit for the purpose that Mr-Restore Australia represents they will be fit for, and that the goods will correspond with any relevant description.  Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

6.2          Change of Mind

If you change your mind, we may, at our discretion, offer you an exchange, refund or store credit equal to the amount paid by you through the Platform for Parts (less any third-party payment service provider fees or charges incurred by Mr-Restore Australia) after you have, at your cost, returned the Parts to us without damage or alteration.

We only accept returns for Parts that are in the condition delivered to you. You have fourteen (14) days from the date of delivery to apply for an exchange, refund or store credit relating to your change of mind.

6.3          Other

Replacement Parts or a refund will be provided by Mr-Restore Australia, at its sole discretion, where:

• The Part is faulty or not of acceptable quality; or
• The Part is not fit for its intended purpose; or
• The Part does not match the description provided in the relevant Listing; and
• You provide proof of purchase.

Replacement Parts or a refund will only be completed upon receipt and inspection of Parts that are deemed faulty or incorrectly supplied.

If you receive an incorrect or faulty Part, please contact us within 30 days of delivery to arrange a refund or replacement.

7.             Prohibited Activities

7.1          Member Responsibilities and Obligations

You are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Platform. In connection with your use of the Platform, you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
• post advertising or other commercial content, company logos, links, or company names;
• copy, store or otherwise access or use any information, including personally identifiable information about any other Users, contained on the Platform in any way that is inconsistent with Mr-Restore Australia’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
• use the Platform in connection with the distribution of unsolicited commercial messages (“spam”);
• dilute, tarnish or otherwise harm the Mr-Restore Australia brand in any way, including through unauthorised use of Mr-Restore Australia or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Mr-Restore Australia domains, trademarks, taglines or promotional campaigns;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose; or
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.

If you do so, you acknowledge and agree that you:

(a)            would be in breach of these Terms;

(b)            accept all risks and responsibility for such conduct; and

(c)            release, hold and fully indemnify Mr-Restore Australia from and against any damages, loss, liability, expenses (whether direct, indirect or consequential) in relation to such conduct, acts or omissions.

7.2          No Obligation to Monitor Use of Platform

You acknowledge and agree that Mr-Restore Australia has no obligation to monitor the access to or use of the Platform by any User but has the right to do so at its election, to:

• operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
• ensure Users’ compliance with these Terms;
• comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; or
• as otherwise set forth in these Terms.

8.             Disclaimers

8.1          Assumption of Risk

If you choose to use the Platform, you do so voluntarily and at your sole risk. The Platform and all Parts are provided “as is”, without warranty of any kind, either express or implied. Mr-Restore Australia holds no responsibility for the purchase or fitment of incorrect Parts, the onus is on you to ensure that the Parts purchased and supplied through the Platform are correct for fitment. You warrant that you have exercised your own judgement as to the suitability of the Parts for your purposes.

8.2          Adequate Opportunity to Investigate

You agree that you have had whatever opportunity you deem necessary to investigate the Listings, Parts, laws, rules or regulations that may be applicable to you and that you are not relying upon any statement, representation, image or disclosure made by Mr-Restore Australia relating to a Listing.

8.3          Release

You agree to release and hold harmless Mr-Restore Australia from all damages, liabilities, losses and expenses (whether direct, indirect or consequential) and claims that arise in any way from any injury, death, loss, damage or harm that occurs to you arising from the Listing or purchase of Parts.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

9.             Liability

9.1          Risk

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform, any Listing or purchase of Parts or any other interaction you have with other Users whether in person or online remains with you.

9.2          No Liability by Mr-Restore Australia

Neither Mr-Restore Australia nor any other party involved in creating, producing, or delivering the Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or products, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with:

• these Terms;
• from the use of or inability to use the Platform;
• from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Platform;
• a Listing or purchasing of Parts,

whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Mr-Restore Australia has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

9.3          Limitation Of Liability

Except as otherwise stated in these Terms, in no event will Mr-Restore Australia’s aggregate liability arising out of or in connection with these Terms and your use of the Platform including, but not limited to, any Listings or Parts, or from the use of or inability to use the Platform or interactions with any other Users, exceed the amount you have paid for Product/s in dispute or one hundred Australian dollars (AUD$100), if no such payments have been made.

Mr-Restore Australia will not be liable to you for any indirect, incidental, special or consequential loss arising from or relating in any way to your use of the Platform or purchase of Parts, including loss of business profits even if Mr-Restore Australia has been advised or is aware of the possibility of such damages or such damages are reasonably foreseeable.

The limitations of damages set forth above are fundamental elements of the basis of the agreement between Mr-Restore Australia and you and shall apply to the extent permitted by law.

10.         Release and Indemnity

You agree to release, indemnify and hold Mr-Restore Australia harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

• your breach of these Terms;
• your improper use of the Platform;
• your interaction with any User;
• your purchase and use of any Parts, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use;
• your own negligence or malpractice, or reckless or intentional misconduct;
• any modification or misuse of any Part by you or anyone acting on your behalf; or
• your breach of any laws, regulations or third party rights.

11.         Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.