- Terms and Conditions
Terms and Conditions
modelcarsales.com.au Terms and Conditions
Welcome to modelcarsales.com.au
carsales.com Ltd (“carsales”) is pleased to provide you with access to its network of websites and related services owned or operated by carsales and its related bodies corporate including, but not limited to www.carsales.com.au, www.bikesales.com.au, www.quicksales.com.au, www.uniquecarsales.com.au, www.boatsales.com.au, www.autogate.com.au, www.carpoint.com.au, www.boatpoint.com.au, www.ihub.com.au, www.farmmachinerysales.com.au, www.caravancampingsales.com.au, www.valueguide.com.au, www.erginternational.com.au, www.discountusedcars.com.au and the Site (as defined below) and the carsales vehicle search engine wherever distributed on the internet (the "carsales network"). Your use of any part of the carsales network is governed by the carsales network terms and conditions.
www.modelcarsales.com.au (“Site”) is a website offered by carsales which provides users with the ability to purchase model cars online (“Goods”). References to “modelcarsales” in these Terms and Conditions include a reference to carsales.
By accessing or using the Site you agree to be bound by these Terms and Conditions as amended from time to time.
Personal and Non Commercial Use Only
Use of the Site is for your personal and non-commercial use only. Except for material or other information accessed via the Site (“Material”) held in your computers cache or a single permanent copy of the Material for your personal use, you must not, without the written approval of modelcarsales:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, re-sell, re-package or license any Material;
- use or attempt to use any Material published on the Site to create any web site or publication;
- mirror or frame any web site or page within the Site;
- use any automated process of any sort to query, access or copy any Material on the carsales network or generate or compile any document or database based on the Material published on the Site; or
- transfer or sell any information, functionality or products or services offered on the Site.
If modelcarsales considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to modelcarsales’ interests, then modelcarsales may immediately terminate your right to access and use the Site at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Site.
Purchase, Delivery and Refund Policy
In order to make a purchase of Goods via the Site, you must be 18 years of age or over or be visiting the Site with the permission and supervision of a parent or guardian. By making payment for any Goods via the Site, you are entering into an agreement with modelcarsales to purchase those particular Goods in consideration of your payment as indicated on the Site. All payments are calculated in Australian Dollars and can be paid via an acceptable credit card or (if made available by model carsales on the Site, via PayPal).modelcarsales shall not be bound to supply any Goods before the full funds have been received. When placing an order via the Site, you represent that all details you provide to us are true and accurate and that you are an authorised user of the credit card or PayPal account used to place your order.
modelcarsales relies on the delivery address details supplied by you via the Site when you make your purchase of Goods. modelcarsales will not be responsible for any delay or failure to deliver any Goods which is due to you providing incorrect details.
Any timing indicated for delivery of Goods on the Site are estimates only and should not be relied on. modelcarsales will not be responsible for any delay in delivery of any Goods including but not limited to any delay for reason of an Event of Force Majeure (as set out below).
Delivery is only available to delivery address in Australia and purchasers of Goods will not be charged for delivery. All delivery orders require a signature upon delivery. If an authorised person is not present at the delivery address to sign for the parcel, a card will be left with instructions for you to call and arrange another delivery time or to collect your order from the delivery agent. If you have not received your delivery of goods within 15 working days from the date of purchase please contact us via the details set out below.
Refund and Exchange Policy
The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a refund or exchange of Goods for a major failure in the Goods you have purchased and refund for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods replaced if the Goods fail to be of acceptable quality and failure does not amount to a major failure. We cannot accept any returns of Goods where you have changed your mind following completing the purchase and we reserve our rights not to offer a refund or an exchange (subject to applicable laws). If you are seeking an exchange or a refund, you will need to contact modelcarsales on the contact details set out below to notify us and provide details of any issues with the Goods (and, upon request, photos of any damage to the Goods) and then, subject to modelcarsales accepting the exchange or refund request, we will email you a delivery slip for the return of the Goods and arrange dispatch of replacement Goods or a refund.
We shall not be liable to you for any breach, hindrance or delay in the performance of our obligations under these Terms and Conditions attributable to any cause beyond our reasonable control, including without limitation: acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and natural disasters; acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; strikes and industrial disputes; internet outage, power, water, telecommunications or other utility shortage; or valid laws, rules, regulations, orders or decrees of the Federal or State Government or of any local government or of any statutory authority ("Event of Force Majeure"). If a delay or failure of us to perform our obligations is caused due to an Event of Force Majeure, the performance of our obligations under these Terms and Conditions which are affected will be suspended. If the delay or failure by us to perform our obligations due to an Event of Force Majeure exceeds 60 days, either party may immediately terminate the Agreement on providing a notice in writing to the other party.
modelcarsales’ Responsibility to You is Limited
(i) Other than as set out in this clause or these Terms and Conditions, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by modelcarsales are HEREBY EXCLUDED.
(ii) To the full extent permitted by the law, modelcarsales will only be liable to You:
- pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of modelcarsales is limited, at modelcarsales’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply; and
- subject always to subclause (iii), if Your claim arises from or in connection with any deliberate breach of these Terms and Conditions or fraud by modelcarsales.
(iii) Subject to subclause (ii), and except to the extent that liability cannot be excluded, modelcarsales will not be liable to you for claims arising out of or in connection with your access and use of the Site, the Goods which you purchase via the Site and any modelcarsales services provided to you whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.
(iv) To the full extent permitted by law, modelcarsales will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage or in circumstances where you have successfully claimed against any third party contractor of modelcarsales, such as a delivery contractor.
(v) For the purposes of this section, the term ‘modelcarsales’ will mean carsales.com Ltd, its officers, employees, contractors and agents, whether individually or collectively.
(vi) These provisions will survive the expiration or termination of the Terms and Conditions.
(vii) You agree to indemnify modelcarsales against any liability, loss, claim or demand if modelcarsales (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these Terms and Conditions or any breach of warranty or any liability incurred by modelcarsales or its service providers under any law.
Copyright, Trademarks and Licence
Material on the Site is © carsales.com Limited. All rights reserved. Unless otherwise indicated on the Site, the material on the Site is owned by or licensed to modelcarsales and is subject to copyright (the "Copyright Material"). You may:
- only copy or reproduce the Copyright Material for the purpose of browsing the Site or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act; and
- not alter or modify the Copyright Material or remove any legal notice associated with it.
carsales.com.au and other names of carsales’ product and/or services referenced herein are trademarks or registered trademarks of carsales.com Limited. Other product and company names mentioned on the Site may be the trademarks of their respective owners.
What Law Governs these Terms and Conditions
These Terms and Conditions are governed by and should be construed in accordance with the laws of the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
Personal Information and Privacy
modelcarsales May Change These Terms and Conditions
modelcarsales may, in its absolute discretion modify or amend these Terms and Conditions and such modifications will be binding upon you once displayed on the Site. You should regularly check these Terms and Conditions displayed on the Site.Continued use of the Site will be deemed to constitute acceptance of any updated Terms and Conditions.
modelcarsales may cease to provide you with access to the Site or any of its services without notice.
All rights not expressly granted are reserved.
If you have a question, problem or complaint or need to contact us:
Level 4, 449 Punt Road, Richmond VIC 3121
Locked Bag 9001, Richmond VIC 3121
(03) 9093 8600
Email - complaints:
Email - questions: