Terms of Service

TERMS OF SERVICE - EZY TUNED

Effective Date: [26/09/25]
Last Updated: [26/09/25]

1. ACCEPTANCE OF TERMS

By accessing, browsing, or using the website ezytuned.com.au (the "Website") or purchasing products from Ezy Tuned, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease using our Website and services.

These Terms constitute a legally binding agreement between you ("Customer," "User," or "you") and Ezy Tuned (ABN: [Insert ABN], "Company," "we," "us," or "our").

2. COMPANY INFORMATION

Business Name: Ezy Tuned
Website: ezytuned.com.au
Email: sales@ezytuned.com.au
ABN: 17690657795

3. WEBSITE USE AND ACCESS

3.1 Permitted Use

You may use our Website for lawful purposes only, including browsing products, placing orders, and accessing customer service. You agree not to use the Website for any unlawful or prohibited activities.

3.2 Prohibited Activities

You are strictly prohibited from:

  • Using the Website for any fraudulent or illegal purposes
  • Attempting to breach Website security or access unauthorized areas
  • Uploading or transmitting viruses, malware, or harmful code
  • Harvesting or collecting user information without permission
  • Interfering with the proper functioning of the Website
  • Creating false accounts or impersonating others
  • Violating any applicable laws or regulations

3.3 Account Registration

  • You may be required to create an account for certain services
  • You are responsible for maintaining account confidentiality
  • You must provide accurate and current information
  • You are liable for all activities under your account
  • We reserve the right to suspend or terminate accounts at our discretion

4. PRODUCT INFORMATION AND AVAILABILITY

4.1 Product Descriptions

  • We strive to provide accurate product descriptions and images
  • Colors, sizing, and appearance may vary from website representations
  • Product specifications are subject to manufacturer changes
  • We reserve the right to correct errors in product information

4.2 Inventory and Availability

  • All products are subject to availability
  • We reserve the right to limit quantities or discontinue products
  • "In stock" status does not guarantee availability at time of order processing
  • Back-ordered items will be communicated to customers

4.3 Vintage and Collectible Items

SPECIAL CONDITIONS: Vintage and collectible items are sold strictly "AS-IS" with no warranties. These items may have age-related wear, imperfections, or characteristics typical of their age and are intended for collection purposes or wear at purchaser's own risk.

5. PRICING AND PAYMENT

5.1 Pricing

  • All prices are displayed in Australian Dollars (AUD) and include GST where applicable
  • Prices are subject to change without notice
  • Promotional pricing is subject to terms and availability
  • Price errors will be corrected, and affected orders will be cancelled or repriced

5.2 Payment Terms

  • Payment is required in full at time of order
  • We accept credit cards, debit cards, and approved payment methods
  • All payments are processed securely through third-party payment processors
  • Failed payments will result in order cancellation

5.3 Payment Security

  • Payment information is processed through secure, encrypted systems
  • We do not store complete credit card information on our servers
  • Fraudulent transactions will be reported to appropriate authorities

6. ORDER PROCESSING AND FULFILLMENT

6.1 Order Acceptance

  • Submission of an order does not guarantee acceptance
  • We reserve the right to refuse, cancel, or modify orders at our discretion
  • Order confirmation does not constitute acceptance until items are dispatched
  • Cancelled orders will be refunded via original payment method

6.2 Order Modifications

  • Order changes must be requested within 2 hours of placement
  • Modifications are subject to inventory availability
  • Cancellation after dispatch may incur shipping and handling fees

7. SHIPPING AND DELIVERY

Shipping and delivery terms are governed by our separate Shipping & Delivery Policy, which forms part of these Terms and is incorporated by reference.

8. RETURNS, EXCHANGES, AND REFUNDS

Returns, exchanges, and refunds are governed by our separate Return & Exchange Policy, which forms part of these Terms and is incorporated by reference.

9. WARRANTIES AND DISCLAIMERS

9.1 Limited Warranty

Products are subject to manufacturer warranties where applicable. We make no additional warranties beyond those provided by manufacturers.

9.2 Website Disclaimer

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.3 Service Availability

  • Website availability is not guaranteed
  • We reserve the right to modify, suspend, or discontinue services
  • Maintenance and updates may temporarily affect Website functionality

10. LIMITATION OF LIABILITY

10.1 General Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EZY TUNED SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, consequential, or punitive damages
  • Loss of profits, data, or business opportunities
  • Damages exceeding the amount paid for products or services
  • Issues arising from third-party payment processors or shipping carriers
  • Website downtime, technical errors, or system failures

10.2 Product Liability

  • Liability for product defects is limited to repair, replacement, or refund
  • We disclaim liability for damages caused by misuse or normal wear
  • Vintage items are sold with no warranty or guarantee of condition

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ezy Tuned, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Website or violation of these Terms
  • Your orders, returns, or disputes with third parties
  • Any false or misleading information you provide
  • Your violation of any applicable laws or regulations

12. INTELLECTUAL PROPERTY

12.1 Company IP

All Website content, including text, images, logos, designs, and trademarks, are owned by Ezy Tuned or licensed to us and are protected by intellectual property laws.

12.2 User Restrictions

You may not reproduce, distribute, modify, or create derivative works from our content without written permission.

12.3 User Content

Any content you submit (reviews, comments, etc.) becomes our property and may be used for marketing and promotional purposes.

13. PRIVACY AND DATA PROTECTION

Your privacy is governed by our separate Privacy Policy, which forms part of these Terms and is incorporated by reference. By using our Website, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms are governed by the laws of the State/Territory of [Insert State], Australia, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes will be subject to the exclusive jurisdiction of the courts in [Insert State/Territory], Australia.

14.3 Dispute Process

Before initiating legal proceedings, parties must attempt to resolve disputes through good faith negotiation for 30 days.

15. FORCE MAJEURE

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, labor disputes, or technical failures.

16. SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. MODIFICATIONS TO TERMS

17.1 Right to Modify

We reserve the right to modify these Terms at any time without prior notice. Changes become effective immediately upon posting to the Website.

17.2 Continued Use

Your continued use of the Website after changes constitutes acceptance of the modified Terms.

17.3 Notification

We will make reasonable efforts to notify users of material changes through Website notices or email.

18. TERMINATION

18.1 Termination Rights

We may terminate or suspend your access to the Website immediately, without notice, for any breach of these Terms.

18.2 Effect of Termination

Upon termination, your right to use the Website ceases, but obligations under these Terms survive termination.

19. AUSTRALIAN CONSUMER LAW

Nothing in these Terms limits your rights under the Australian Consumer Law where those rights cannot be excluded or limited. Our goods come with guarantees that cannot be excluded under Australian Consumer Law.

20. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Return & Exchange Policy, and Shipping & Delivery Policy, constitute the entire agreement between you and Ezy Tuned.

21. CONTACT INFORMATION

For questions regarding these Terms of Service, please contact:

Email: sales@ezytuned.com.au
Response Time: Within 1-2 business days

By using our Website or purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.