Welcome to www.thefittingbay.com.au (the ‘Website’). The Website is operated by The Fitting Bay Pty Ltd (ACN 636 987 043).  These Terms and Conditions (‘Terms’) govern your use of the Website, and the use of any products purchased through the Website (‘Products’). No verbal conditions or guarantees expressed or implied shall have effect on these Terms unless written and initialled by one of our Directors

Acceptance

By using the Website and purchasing and using our Products, you agree to these Terms (including our disclaimers) and will be bound by these Terms. Please read these Terms carefully. Due to the specialised nature of our Products, we recommend that you consider these Terms before finalising your purchase. If you do not wish to be bound by these Terms you should not use the Website or our Products.

Revisions

The Fitting Bay reserves the right to review and change any of the Terms by updating this page at its sole discretion. Revised Terms are effective immediately upon publication to the Website. Your continued use of the Website will mark your acceptance of any such revised Terms.

General Product Disclaimer

We make no representation or warranty, explicit or implied, that our Products are compliant with relevant statutory requirements for use in a motor vehicle. We will not be liable for any injuries, death or property damage caused by the operation of any motor vehicle and/or the use of any Product purchased from the Website.

The installation of any aftermarket part on your motor vehicle may void or otherwise adversely affect your factory warranty and/or insurance. In addition, such installation and use may violate certain National, State and Local laws, rules, regulations and ordinances as well as other laws when used on motor vehicles operated on public roads. Always check National, State and Local laws before modifying your motor vehicle. It is the sole and exclusive responsibility of you to determine the suitability of our Products for your use and ensure compliance with any applicable laws, rules, regulations or ordinances. You shall assume all legal, personal injury risk and liability and all other obligations, duties and risks associated therewith.

Except as required by law we assume no responsibility or liability, be it in a criminal or civil action, where any of our Products are used in a manner that is either outside the described use, these express Terms and/or is illegal.

Our Products are constantly in development, and as such, Products may be discontinued and superseded without notice.

Product Information and Images

Though all care is taken to ensure our Products information, stock amounts, price and description are correct, some inaccuracies may occur, we reserve the right to correct these at any time. Product pictures may differ somewhat in the way of colour shades compared to the actual product. We do not intend to indicate any of our Products and / or images have been designed or manufactured by any automotive vehicle brand and / or manufacturer. We do not intend to use any automotive vehicle brand and / or manufacturer’s name to mislead consumers, we do not have any association with any of such brands, nor do we build any of our Products for such brands or manufacturers.

Account

In order to use parts of the Website you may need to register an account. It is your responsibility to make sure your account details are correct and that any password and account details are secure. You agree to immediately notify the Website editor of any unauthorised use of your user account, user name or password.

Warranty

The Fitting Bay Products come with guarantees that cannot be excluded under the Australian Consumer Law

We will repair or replace (at our discretion) any of our Products, which, under normal conditions of use and service, proved to be defective in workmanship. Our warranty does not cover

• Products which have been altered or modified in design or construction.
• Improper application, installation or operation.
• Misuse, negligence, abnormal service or handling.
• Normal wear and tear, paint or exterior finish.
• Adverse weather conditions, or adverse chemicals.
•  Any labour costs incurred in the diagnosis of defects, removal or reinstallation of a product.
• Other contingent expenses.
  

Warranty does not cover damaged voice coils in speakers and subwoofers that have been exposed to distortion beyond their output capability. A head unit or amplifiers max output is not a guide for the max setting, generally distortion will occur with a normal signal well before then.

We will also not reimburse any installations made by an installer if a product is faulty and needs to be replaced. Any recommended installers are not directly affiliated with The Fitting Bay and all warranties for purchases made online need to be returned to The Fitting Bay and not an installer.

This warranty is limited to the original consumer purchaser. It is not transferable to subsequent owners of the product.

In order to make a warranty claim within the manufacturers stated warranty period, you must provide proof of purchase showing the date of purchase of the Products, with your name, order number, contact details and a detailed description of the problem (with photographic images if possible) to

The Fitting Bay Pty Ltd, PO Box 1297, Wangara DC 6947 or by email at contact@thefittingbay.com.au.

Returns, Exchanges, and Cancellations

We will replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us immediately.

We undertake to exchange any product that is unused, undamaged and still in its original packaging. The product must be returned at the buyer’s cost with proof of purchase within 14 days of delivery. A 20% restocking fee will apply. Please note that under no circumstances will custom, limited edition or discontinued Products be accepted for exchange due to incorrect ordering or change of mind. If undamaged goods are returned to us for exchange, we do not refund any shipping charges associated. The return of undamaged goods for exchange is entirely at your cost and risk. If damaged goods are returned to us for exchange, we reserve the right to refuse the exchange at our own discretion.

We do not provide refunds unless the product is faulty. We do not provide refunds due to incorrect ordering or change of mind.

Orders

Any order placed by you through the Website for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place your order.

We reserve the right to accept or reject your offer for any reason including, without limitation, the unavailability of any Product, an error in the price or the description posted on the Website, or an error in your order.

If you order Products from the Website, we may require you to confirm your details and to provide further details to enable the processing of any orders that you make. You agree to provide us with current, complete and accurate details when asked to do so by the Website or one of our employees or authorised representatives.

Orders will not be accepted and Products will not be despatched or delivered until payment in full has been received and we are satisfied with the integrity of the order and the validity of payment. We will send you a payment and delivery confirmation at that time.

Price

Prices of Products and delivery and other charges displayed on the Website are current at the time of issue but are subject to change without notice. You should check the price at the time of placing an order.

Prices of Products displayed on the Website are inclusive of Goods and Services Tax (GST) unless otherwise indicated. This may change in the future, and at that time GST will be indicated at the point of purchase and charged at the legislated rate.

Shipping and Handling

Our Products are shipped via postal/courier service as purchased by you as part of the order. Delivery times and conditions apply as per the policy of the applicable postal/courier service provider. Shipping confirmation for the order will be sent to you via email and tracking of the order with the postal/courier service provider is your responsibility. Online orders received without payment for shipping will not be shipped to you until full payment is received for postal/courier service. In the event that an item is lost or damaged in the course of the delivery The Fitting Bay will contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available. We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order.

*Free Shipping will be offered with all orders over $149 (excluding shipping fees). Orders under $149 will be offered shipping at a flat rate of $15 for normal items and $30 for large classed items.

Dispatch & Handling Time

Majority of items at The Fitting Bay dispatch within 1 – 3 business days of the order being placed. Whilst 99% of orders are dispatched within this time period on occasion this may not be the case due to factors beyond our control.

If you require a part urgently please contact us and we will be able to provide you with a more precise dispatch & shipping time or alternate shipping options.

Product Risk and Title

The Fitting Bay will retain title to the Products you order until payment in full is processed and the Products are despatched to you. All risk associated with the Products will pass to you upon delivery.

Copyright and Intellectual Property

The materials posted on the Website (Content) are protected by copyright under the laws of Australia and through international unless otherwise indicated. All rights (including copyright) in the Content, arrangement and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved by The Fitting Bay and its contributors

Occasionally, we may publish Content in which the copyright is not owned by us. When this is done, we will make every effort to acknowledge the copyright owner.

The Content may only be used by you for personal and non-commercial purposes. You agree not to:

• Copy, alter, remove or object to any copyright, trademark or other proprietary notice of ours or of any other company appearing on the Website
• Copy, republish, reproduce, transmit, distribute or sell the Content or upload, post or display the Content on any other Website or medium for publication or distribution or for any commercial enterprise
• Modify or edit the Content in any way
• By the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with the Website.

You acknowledge and agree that your use of the Website is provided “as is” and “as available”. We do not represent or warrant that the operation of the Website will be secure, confidential, uninterrupted, error-free, accurate, complete or current.

We update and carry out maintenance on the Website regularly, so we may have to suspend access, service or functionality on the Website from time to time, without notice. We will not be liable if, for any reason, the Website is not available at any time or for any period of time.

In the event that you find any inaccurate information on the Website or have any complaint about what we have published please email contact@thefittingbay.com.au. We will investigate the matter on receipt of your email and will take such further action as we consider appropriate.

Using Email

In supplying our email addresses on the Website we do not consent to you sending unsolicited emails to us.

You also cannot:

• Use a false email address, impersonate any person or entity on the Website, or otherwise mislead others as to the origin of the Website Content
• Falsely state or misrepresent an affiliation with us or another
• Harass our directors, staff, officers, independent contractors, representatives, volunteers, affiliates, patrons, sponsors, donors, charity recipients, contributors, members, third party content providers or another user of the Website
• Impersonate a person or an entity, including impersonating our directors, staff, officers, independent contractors, representatives, volunteers, affiliates, patrons, sponsors, donors, charity recipients, contributors, members, third party content providers and licensors.

Third Party Sites

We may link the Website to another website which is not under the control of, or maintained by, us. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we are not responsible for the content of such website. We do not endorse or recommend any other products, materials or services displayed or offered on any website which may be linked to www.thefittingbay.com.au.

Other Terms and Conditions

We may from time to time offer promotional codes which may apply in respect of any, or certain specified, purchases made though the Website. Additional terms and conditions may apply to specific portions or features of the Website, including these promotions or other similar features, all of which the terms are made a part of these Terms by this clause.

You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for, or applicable to, a specific portion of the Website or for any service or feature offered on or through the Website, the latter terms will take precedence with respect to your use of that portion of the Website or the specific service or feature.

Liability

We make no warranty that the:

• Website or Products will meet your requirements
• Website will be uninterrupted, timely, secure, or error-free
• Quality of any Products, information, or other material purchased or obtained by you through the Website will meet your expectations.

Where any condition, warranty or right is implied by law and cannot be excluded we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, at our option, to either:

• The re-supply of the Products; or
• An amount equivalent to having the Products re-supplied.

Indemnity

We rely on you observing these Terms at all times. You hereby indemnify and continue to indemnify us and hold us and our Directors, officers, employees, representatives, independent contractors, volunteers and agents harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your access to and use of the Website and Products. The indemnity in this clause extends to and covers your breach of these Terms.

General

The Terms are governed by the laws of Western Australia (WA), Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia (WA), Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

You agree that any dispute or legal proceeding in relation to the Website and/or our Products shall be brought exclusively in the courts of WA, Australia.

These Terms comprise the entire agreement between you and The Fitting Bay in respect to your use of the Website and our Products. Any dispute or difference arising out of these Terms will be submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules. The seat of arbitration will be Perth, Australia. The language of the arbitration will be English. The number of arbitrators will be one.

Severance

If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be contrary to law, all other provisions shall remain in full force and effect.

By using www.thefittingbay.com.au, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a cookie on your browser. This is done in order to setup your checkout currency.