Terms and conditions
TERMS & CONDITIONS
By using this Website, you agree to be bound by these Terms.
- Definitions and Interpretations
1.1 In these Terms the following words shall mean:
Contract: These Terms and the Order;
Service: The service purchased by You from Us (carmanualsdirect.com from here onwards);
Order: The order for Services placed by You and accepted by Us subject to these Terms;
Price Promise: Any price promise announced by Us on the Website from time to time;
Returns Policy: Our Returns Policy as set out on this Website here;
You: The person or organization/company using the Website or buying Services from Us pursuant to these Terms;
Us, We, Our: The owners of this Website;
1.2 Any queries regarding these Terms or the Services must be made via the contact us page here.
1.3 Any queries regarding an Order must be made via the contact page here.
- Service Information
2.1 We have made all reasonable efforts to accurately describe the service we are providing on Our Website. You acknowledge and accept that. However ultimately, you are responsible for ensuring that the Service is suitable for Your requirements.
2.2 We guarantee that the Service we provide is to a standard no less than would be expected than described. We will exchange any Service which fails to conform to the guarantee within 7 days from the date it/they were ordered., as per the "Long Distance Selling Regulation". This clause sets out our entire liability for any failure to meet the guarantee.
2.3 Our Price Promise is given subject to the following:
- It relates only to new identical services available worldwide;
- The Price Promise does not include comparisons with any services which are sold under any sale or special promotional offer including without limit, Christmas or seasonal sales;
- Price comparisons exclude sales by auctions (including internet auction sites);
- Price comparisons do not include services sold privately;
- Price comparisons do not include services sold in bulk;
2.4 Items classed as "special offer" are gross priced services and any other costs such as postage are still applicable.
2.5 You have read the information regarding our products here and agree by it.
- The Contract Between You and Us
3.1 We must receive payment of the whole price for the Service that You order before Your Order can be accepted. Once payment has been received by Us We will confirm that Your Order has been received by sending an e-mail to You at the email address You provided when creating Your account with Us. Please set your spam filter to allow emails from “carmanualsdirect.com”.
3.2 You have the right to cancel the Order up to the point at which the Service are dispatched by Us (if you have purchased the “DVD-R” option) at which point you have entered into a contract with Us. If you have purchased the “Instant Download” option and have paid via Credit/Debit Card or PayPal You have automatically entered into a contract with Us.
3.3 Once you have entered into a contract with Us, you agree that all communications take place via our support ticketing system here.
3.4 A refund will be issued in the same method of payment You paid Us, when You made the Order for the Service.
3.5 You accept our refund policy as per here.
- Price
4.1 Subject to clause 4, the price payable for Services are as set out on Our Website.
4.2 The prices payable for services as set out on the Website are inclusive of tax as per Panamanian regulations.
4.3 Prices are subject to change without notice.
- Right of Cancellation
5.1 All cancellations should be undertaken in accordance with and subject to Our returns policy here.
5.2 You must send the Service back to Our Contact Address at Your own cost and risk whilst quoting both your Order ID and Support Ticket ID as in our returns policy here.
- Cancellation by Us
6.1 We reserve the right to cancel the Contract if:
- We have insufficient stock to deliver the Service You have ordered; or
- We do not deliver to Your area or country; or
- If one or more of the Services You ordered was listed with incorrect information including without limit, price, and/or description for whatever reason; or
- If We have reason to believe that You will not comply with these Terms & Conditions;
- Delivery of Services to You
7.1 Subject to clause 7.4, We will deliver the Services ordered by You to the shipping address You give Us on creation of your account on www.carmanualsdirect.com, if you have selected the DVD-R format.
7.2 If You have entered an incorrect address whilst creating Your account as in clause 7.1 we will hold no responsibility of its loss in the postal system and the full price of the same order will be charged if the order is still required.
7.3 If you selected a traceable option when You made Your order, it will be Your responsibility to trace the item.
7.4 You will become the owner of the Service you have ordered when they have been delivered to You. Once the Service has been delivered to You, either via the “DVD-R” or “Instant Download” method, they will be held at Your own risk and we will not be liable for their loss or destruction.
7.5 If you purchased a DVD-R, Delivery will be by Australia Post.
7.6 You agree to communicate with our support personal in Australia in-regards to any support queries whatsoever via our support system here.
7.7 All products on Our website are sold as "backup copies", hence We assume you possess the original.
7.8 Due to the nature of our business, i.e., "Instant Downloads", all purchases are debited at the time of the transaction.
- Liability and Limitation
8.1 If the Service we deliver is not what you ordered or are damaged when you receive them or the delivery is of an incorrect quantity, We shall have no liability to you unless you contact us acknowledging the issue within thirty (30) working days starting from the date immediately after the delivery of the Service in question, whether in the “DVD-R” or “Instant Download” format.
8.2 We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising from Your order and in any event our maximum liability to You shall be to refund to You the amount paid by You for the Service giving rise to the claim.
8.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Services from Our Website. The importation or exportation of Service to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Services you purchase.
8.4 Notwithstanding the above, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to You for any death or personal injury resulting from Our negligence.
8.5 You acknowledge and accept that on the Website We give no representation, warranty or statement as to the Services including without limit their quality and/or suitability.
- Notices
Unless otherwise expressly stated in these Terms, all notices from You to Us must be sent via our support system here. In the event of You entering into a Contract with Us, all notices must be sent via this support system.
- Events Beyond our Control
We have no liability to You for any failure to deliver Services You have ordered or any delay in doing so or for any damage or defect to Services delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs, terrorism and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- Invalidity
If any part of these Terms is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
- Privacy
You acknowledge and agree to be bound by the terms of our Privacy Policy here.
- Returns Procedure
You acknowledge and agree to be bound by the terms of our Returns Policy here.
- Third Party Rights
A person who is not a party to this Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- Governing Law
This Contract shall be governed by and interpreted in accordance with international law and the international courts of justice and shall have jurisdiction to resolve any disputes between us.
- Complaints
If You have any concerns or complaints about this Website or the service You have received then please contact us in the first instance.
- Entire Agreement
These Terms, together with our current Website prices, “postage & packaging” details, returns procedure and privacy notice, set out the whole of our agreement relating to the supply of the Services to You by Us. Nothing said by any sales person on our behalf should be understood as a variation of the Terms or as an authorised representation about the nature or quality of any Services offered for sale by Us.