Terms and Conditions

These terms and conditions apply to the use of hulk4x4.com (website), including the purchase of goods over the website.

In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website and purchasing goods.

These terms and conditions must be read in conjunction with any other applicable terms and conditions and policies governing the use of this website. Those additional terms and policies are incorporated by reference into these terms and conditions.

The following terms and conditions supersede any previous terms and conditions between the website user or customer (you) and HULK 4×4 (ABN 92 960 069 359) (we or us).

CHANGES

  1. HULK 4×4 reserves the right, at its sole discretion, to make changes to the website and these terms and conditions or any of our policies at any time.
  2. Amendments will be effective immediately upon notification on this website. Your continued use of the website after any changes are posted will be considered acceptance of those changes and an agreement by you to be bound by the terms and conditions or policies as amended.
  3. If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.

USE OF THIS WEBSITE

  1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  3. We do not undertake to keep this website updated.
  4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. We make no warranty that goods acquired from us over this web site will meet your requirements and you acknowledge that you have not relied on our skill or judgment when purchasing products.
  5. Access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. HULK 4×4 will attempt to restore access as soon as it reasonably is able.
  6. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, your transmissions or data, or of information contained on your computer system, or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
  7. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
  8. This website is intended to be accessed by Australian residents within Australia. We make no representation about the compliance of this site with the laws of any other country. Therefore, if you access this website outside of Australia you do so at your own risk and are responsible for complying with any laws where you access the website, or where information you publish or upload can be accessed.

ORDERS

  1. The HULK 4×4 website allows online purchasing. Orders via phone, fax or email will not be accepted. We do this to minimise errors and improve efficiency.
  2. You may offer to purchase goods described on this website for the price specified on this website.
  3. Within 7 days of receipt of your order, we will at our discretion accept or reject your offer to purchase. If we have not responded to you within 7 days, your offer will be deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase.
  4. If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. However, we will make all reasonable effort to contact you using the details provided and all money received by us will be refunded to you.
  5. We accept credit cards and PayPal as methods of payment. You will be bound by the terms and conditions of your card issuer or PayPal and should be familiar with them.
  6. Orders cannot be cancelled or changed by you after acceptance by HULK 4×4
  7. You have no right to cancel an order because of a delay in delivery.
  8. Orders are dispatched in accordance with our Shipping Information.
  9. We give no undertaking as to the availability of products advertised on this website. In addition, any quantity in stock displayed on our website should be considered as a guide only. Quantity in stock does not take into account existing orders placed which are yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on our website.
  10. If any items from your order cannot be fulfilled we will contact you via email.
  11. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the website.
  12. By submitting an order you warrant that you are authorised to use the designated card or method of payment and authorise us to charge your order to that card or payment method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
  13. You warrant to us that you are over the age of 18 when you offer to make a purchase on this website.

PRICING AND DELIVERY COSTS

  1. All prices displayed on the website (hulk4x4.com) are in Australian Dollars (AUD) and inclusive of delivery costs (for mainland Australia only).
  2. HULK 4×4 reserves the right to change prices, delivery costs, delivery methods or delivery service providers without notice.
  3. We reserve the right to charge you additional postage and handling fees if our delivery service provider informs us that the delivery of products ordered by you will cost more than the average cost of deliveries for other customers in mainland Australia and Tasmania. In this instance, we will inform you of the additional fee in writing. If you do not respond to, or reject, that notification within 7 days, you will be deemed to have agreed to that additional fee. If you do not accept the additional fee, then paragraph 4 under “Orders” of these terms and conditions will apply.
  4. You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. If an item is listed at an incorrect price or with incorrect information, HULK 4×4 reserves the right to withdraw an item from sale, and to refuse or cancel orders up until the time of delivery of goods to you. You acknowledge that we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. If a cancellation of this nature occurs after your payment has been processed we will immediately issue a refund for the amount in question. The refund will be issued via the payment method used to purchase the goods.

ACCEPTANCE OF GOODS

  1. On receiving an order, you are responsible for inspecting the goods for fault or damage.
  2. Please see our Returns Policy to understand what you need to do when you receive your product, or if your product is unacceptable.

RETURNS AND WARRANTY CLAIMS

  1. HULK 4×4 will not exchange goods that are incorrectly ordered.
  2. Any incorrect items received that you did not order must be reported to HULK 4×4 within 24 hours of you receiving the delivery. We will pay for all postage to have the item returned and replaced provided the item is returned in its original packaging, complete and undamaged, along with the receipt. Contact with HULK 4×4 must be made prior to any items being returned.
  3. You acknowledge that all goods leaving the HULK 4×4 premises are adequately packed. Any items damaged in transit must be reported to HULK 4×4 within 72 hours of you receiving the delivery. Please include your order number (which can be found on your invoice), and the problem with your item.
  4. Any costs incurred on returning a product for a warranty claim will need to be borne by the person making the warranty claim. HULK 4×4 will pay for return freight if the product is assessed as having a major failure. Contact with HULK 4×4 must be made prior to any items being returned.
  5. We reserve the right to determine whether the product contains any defects or failure. The product may need to be sent to the manufacturer to assess the defect or failure before determining the outcome of any claim.
  6. If you have a minor problem with a product, we can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund.
  7. You can review the Returns Policy here.
  8. You can review the Warranty Policy here.

YOUR INDEMNITY TO US

  1. You agree to indemnify and hold HULK 4×4 harmless from and against any claims, losses, liabilities, costs (including legal costs on a solicitor and own client basis), expenses, injury or damage:
    1. to any person or property that extends beyond the warranties set forth above, whether the claims against HULK 4×4 or the damages are incidental or consequential; or
    2. suffered by us that arises from, or that is connected with, any breach of these terms and conditions by you, or the enforcement of these terms and conditions by us against you.

COLOURS AND PRODUCT DESCRIPTIONS

  1. The photos and colours of the products for sale on this website have been displayed as accurately as possible to what they will be when delivered however, the colours you see on your screen depend on your monitor and we are not able to guarantee that the colours displayed on your monitor will accurately represent the colours of the products

LINKED WEBSITES AND ADVERTISEMENTS

  1. This website may contain links to other websites (linked web sites). Those links are provided for convenience only and may not remain current or be maintained.
  2. We are not responsible for the content or privacy practices associated with linked web sites.
  3. Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent we explicitly say otherwise.
  4. Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

CONTENT

  1. You acknowledge that the video clips and photographs contained in this website may depict activities undertaken by qualified and highly trained professionals and/or experts.
  2. “Content” means blogs, comments, compliments, criticisms, discussions, forums, images, observations, opinions, pictures, rankings, recommendations, responses, reviews, testimonials, text and videos
  3. “Disseminate” means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, book-marking, social network sharing (including via Facebook, Twitter, and the like), transmitting, publishing.
  4. From time to time you might be entitled to create and upload Content to be stored on the HULK 4×4 website. Content must uploaded or connected in accordance with our instructions from time to time, including via the use of other services and technologies, including YouTube. By uploading Content, you warrant to us that:
    1. the Content is your original work;
    2. you are the exclusive owner of that Content;
    3. you have not copied, plagiarised, reproduced or otherwise Disseminated the work of any other person;
    4. the Content does not not infringe the intellectual property rights of any third party; and
    5. the Content (and uploading the Content) complies with the terms and conditions of any third party provider (such as YouTube).
  5. You grant HULK 4×4 the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty free, licence-fee free, worldwide right to Disseminate, reproduce, edit, modify, distribute, display and delete such Content (in whole or in part) via the HULK 4×4 website or via such other medium or channel as determined by HULK 4×4 from time to time.
  6. HULK 4×4 has the unfettered right at any time to temporarily or permanently remove your Content, in part or full, without giving reasons.

PRIVACY

  1. Any personally identifiable information that you submit through or in relation to the website is collected and used by HULK 4×4 in accordance with its Privacy Policy.
  2. You can review the Privacy Policy here.

EMAIL HANDLING

  1. We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for customer support or service-provision purposes, or if any form of email abuse is suspected.

YOUR OBLIGATIONS

You warrant that:

  1. All information and data provided by you to us through the website (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date.
  2. The person receiving the products at the delivery address is authorised by you to do so.
  3. You will comply with all relevant laws relating to the use of this website and your placement of any order to us.
  4. You will ensure that your Login ID and password that is used to access this website and the details of your account are kept in a safe and secure location.
  5. You will promptly notify us if you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account.
  6. You will promptly advise us of any changes to your information provided to us as part of the customer registration process.
  7. You are responsible and liable for any person that uses your Login ID and password to order product(s) through this website.
  8. You will check the labels on the products, and their condition, before use.
  9. You will not:
    1. Use this website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes,
    2. Use this website in a manner or way, or post to or transmit to the website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the website,
    3. Make fraudulent or speculative enquiries, purchases or requests through the website,
    4. Use another person’s details without their permission or impersonate another person when using the website,
    5. Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings,
    6. Tamper with or hinder the operation of the website,
    7. Knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the website,
    8. Use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the website,
    9. Modify, adapt, translate or reverse engineer any portion of the website,
    10. Remove any copyright, trade mark or other proprietary rights notices contained in or on the website,
    11. Reformat or frame any portion of the web pages that are part of the website,
    12. Create accounts by automated means or under false or fraudulent pretences,
    13. Use the website to violate the security of any computer or other network or engage in illegal conduct,
    14. Take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure,
    15. Use the website other than in accordance with these terms and conditions, or
    16. Attempt any of the above acts or engage or permit another person to do any of the above acts.

BREACH BY YOU

  1. lf you breach these terms and conditions, or HULK 4×4 is not satisfied with your ability to otherwise comply with the terms and conditions, HULK 4×4 may by notice to you, but without compensation, terminate all orders and suspend or cease deliveries under all conditions. This provision does not limit our remedies available at law, in equity or under these terms and conditions.

COPYRIGHT OF WEBSITE MATERIAL

  1. All of the material on and in relation to the website, including but not limited to text, images, graphics, sound files, animation files and video files is and remains the property of HULK 4×4 at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of HULK 4×4’s copyright and other proprietary rights. You may copy and email our webpage URL’s to your family and friends for private and non-commercial purposes.

INTELLECTUAL PROPERTY

  1. HULK 4×4 is the owner or authorised user of all intellectual property in and associated with the website. HULK 4×4 is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.
  2. You have no rights in or license to any of the intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, associated with the website.

DISCLAIMER, IMPLIED TERMS, LIMITATION OF LIABILITY & BUYER INDEMNITY

  1. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through this web site or any linked website.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
  3. To the fullest extent permitted by law, HULK 4×4 excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from:
    1. Your use or misuse of the website or any material on the website,
    2. Your inability to access or use the website or any material on the website,
    3. The loss or modification of information or material transmitted to or from the website,
    4. The loss of confidentiality in any information or material transmitted to or from the website,
    5. Any defect, technical problem or virus attached to or arising from the website or the server,
    6. The use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website,
    7. Any injury or illness you or any other person sustains as a result of the use of the website, and
    8. The products displayed on the website being unavailable at any time.
  4. Subject to these terms and conditions, and in relation to liability for personal injury (including sickness and death), HULK 4×4 will not be liable to you for any loss, damage, expense or injury of any kind or nature suffered or incurred by you or any other person, arising out of or in connection with:
    1. our failure or omission to comply with these terms and conditions (including, without limitation, liability due to negligence or wilful default of HULK 4×4); or
    2. any delay in delivery of goods, lost deliveries or goods damaged in transit;
    3. goods or services supplied pursuant to an order placed on this website;
    4. any error (whether negligent or not) in information supplied to you in connection with its subject matter; or
    5. the use, possession or delivery of the Goods or the exercise by HULK 4×4 of its rights under these terms and conditions.
  5. Where legislation implies any condition, guarantee or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, guarantee or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
    1. if the breach relates to goods:
      • The replacement of the goods or the supply of equivalent goods,
      • The repair of such goods,
      • The payment of the cost of replacing the goods or of acquiring equivalent goods, or
      • The payment of the cost of having the goods repaired; and
    2. if the breach relates to services:
      • the supplying of the services again; or
      • the payment of the cost of having the services supplied again.
  6. Any disclaimer, exclusion or limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

TERMINATION OF ACCESS TO WEBSITE

  1. Access to this website may be terminated at any time by us without notice.
  2. All terms relating to any intellectual property, confidentiality, any indemnity, and all disclaimers, exclusions and limitations of liability survive any such termination.

FORCE MAJEURE

  1. Despite any other term or condition of the Contract, HULK 4×4 will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by you or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition of the Contract where that delay or failure is caused by an act of God, fire, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond HULK 4×4’s reasonable control.

GENERAL TERMS

  1. Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction:
    1. to the minimum extent necessary, is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable; and
    2. is capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these terms and conditions; or the validity or enforceability of that provision in any other jurisdiction.
  2. HULK 4×4’s rights under the terms and conditions are cumulative and in addition to any other rights. No delay or failure by HULK 4×4 to enforce any right is a waiver of that right. Any waiver by HULK 4×4 of any term or breach of the terms and conditions is not to be taken as a Continuing waiver or a waiver of any subsequent breach.
  3. We may assign or transfer any of our rights or obligations under these terms and conditions without your prior consent.
  4. No rule of construction shall apply to our disadvantage on the basis that we:
    1. prepared these terms and conditions or any part of it; and
    2. seek to rely on these terms and conditions or any part of it.

GOVERNING LAW AND JURISDICTION

  1. These terms and conditions will be governed by and construed in accordance with the courts of the state of Victoria, Australia, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the state of Victoria, Australia.
  2. You and we irrevocably, generally and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.