Terms of Service

Overview

Welcome to AFS Offroad.

The terms “we”, “us” and “our” refer to AFS Offroad. AFS Offroad operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a shopping experience through our online store.

AFS Offroad is powered by Shopify, which enables us to provide our online store and related services to you.

These Terms of Service, together with any policies referenced in these terms, describe your rights and responsibilities when you visit, interact with or purchase from our website.

Please read these Terms of Service carefully. By visiting, interacting with or using our website, or by purchasing from us, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our website.

Section 1 - Access and Account

By using this website, you confirm that you are at least the age of majority in your state, territory or place of residence, or that you have given consent for any minor dependants to use this website on devices you own, purchase or manage.

To use our website or purchase products from us, you may be asked to provide certain information, including your name, email address, billing details, payment details and shipping information.

You agree that all information you provide to us is accurate, current and complete. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

You must not transfer, sell, assign or license your account to any other person.

Section 2 - Our Products

We make every reasonable effort to provide accurate descriptions, images and details of our products. However, product colours, finish, appearance and details may vary slightly from how they appear on your screen due to device type, screen settings, lighting and production methods.

Many of our products are manufactured using 3D-printed construction. Minor visible layer lines, small surface variations and slight differences in finish may be present and are considered normal for this manufacturing process.

Product descriptions, specifications, prices and availability are subject to change at any time without notice.

We reserve the right to modify, discontinue or limit the sale of any product at any time. We may limit quantities offered to any person, region or jurisdiction at our discretion.

Nothing in these Terms of Service limits your rights under the Australian Consumer Law.

Section 3 - Orders

When you place an order through our website, you are making an offer to purchase the selected products.

We reserve the right to accept, reject, cancel or modify an order for any reason, including but not limited to product availability, suspected fraud, payment issues, pricing errors, shipping limitations or errors in product information.

Your order is accepted when we confirm acceptance or begin processing the order.

Please review your order carefully before submitting it. Once an order has been accepted or production has commenced, we may not be able to accommodate cancellation or change requests.

If we cancel or modify an order, we will attempt to notify you using the contact details provided at the time of purchase.

Your purchases are subject to our Refund Policy and your rights under the Australian Consumer Law.

Section 4 - Prices and Billing

All prices are listed in Australian dollars unless otherwise stated.

Prices, discounts, offers and promotions are subject to change without notice. The price charged for a product will be the price displayed at the time your order is placed, unless there is an obvious pricing error.

Unless otherwise stated, prices do not include shipping, handling, customs duties, import taxes or other charges that may apply.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our website.

You represent and warrant that:

• The payment information you provide is true, correct and complete.
• You are authorised to use the selected payment method.
• Any charges incurred by you will be honoured by your payment provider.
• You will pay all charges incurred by you, including applicable shipping and taxes.

Section 5 - Shipping and Delivery

Shipping and delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, incorrect shipping information provided by the customer, natural events, supply delays or other circumstances outside our control.

Once your order has been dispatched, responsibility for delivery passes to the shipping carrier. However, nothing in this section limits your rights under the Australian Consumer Law.

You are responsible for ensuring that your shipping address is accurate and complete. Additional charges may apply if an order is returned to us due to an incorrect or incomplete address.

Section 6 - Product Installation and Use

Our products are intended to be installed and used appropriately for their stated purpose.

You are responsible for ensuring that any product purchased from us is suitable for your intended application, vehicle, panel material, installation location and operating environment.

Products should be installed carefully and in accordance with any instructions, product notes or guidance provided by us.

Mounting hardware should only be tightened enough to secure the product firmly in place. Do not overtighten mounting screws or fasteners, as excessive force may cause cracking, deformation or damage to the product.

Where products are used in electrical, 12V, 24V, vehicle, marine, caravan, camping or off-road applications, you are responsible for ensuring that installation is carried out safely and, where required, by a suitably qualified person.

AFS Offroad is not responsible for damage, loss or injury caused by incorrect installation, misuse, modification, unsuitable application, excessive force, failure to follow product guidance, or use outside the product’s intended purpose.

Nothing in this section limits your rights under the Australian Consumer Law.

Section 7 - Intellectual Property

All content on our website, including but not limited to text, images, graphics, product designs, product names, logos, branding, layouts, videos, audio, written content and other materials, is owned by or licensed to AFS Offroad and is protected by applicable intellectual property laws.

You may use our website for personal, non-commercial purposes only.

You must not reproduce, copy, modify, distribute, display, publish, transmit, download, store, reverse engineer, manufacture, sell or exploit any part of our website, product designs, branding or content without our prior written consent.

AFS Offroad’s names, logos, product names, designs and slogans are trademarks or branding of AFS Offroad. You must not use them without our prior written permission.

All other names, logos, product names and trademarks appearing on our website are the property of their respective owners.

Section 8 - Optional Tools

We may provide access to third-party tools, apps, payment gateways, integrations or services as part of our website.

We do not control these third-party tools and are not responsible for their operation, content, security, accuracy or availability.

Any use of third-party tools is at your own risk and subject to the terms and policies of the relevant third-party provider.

We may also offer new features, tools or resources through our website in the future. These will also be subject to these Terms of Service.

Section 9 - Third-Party Links

Our website may contain links to websites, services or materials operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, security or practices of any third-party website or service.

If you access third-party links from our website, you do so at your own risk.

Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

Section 10 - Relationship with Shopify

AFS Offroad is powered by Shopify, which enables us to provide our online store and related services to you.

However, any sales and purchases made through our website are made directly with AFS Offroad.

By using our website, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and AFS Offroad, including any injury, damage or loss resulting from products purchased from us.

To the extent permitted by law, you release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with AFS Offroad.

Section 11 - Privacy Policy

All personal information we collect through our website is handled in accordance with our Privacy Policy.

Our website is hosted by Shopify, and Shopify may collect and process personal information about your access to and use of our website in order to provide and improve the services used to operate our store.

Information you submit through our website may be transmitted to Shopify and other third-party service providers, including providers located outside Australia, as required to operate our website, process payments, fulfil orders and provide customer service.

Please review our Privacy Policy for further details.

Section 12 - Feedback, Reviews and Submissions

If you submit, upload, post, email or otherwise provide feedback, reviews, suggestions, ideas, images, comments or other content to us, you grant AFS Offroad a worldwide, royalty-free, perpetual licence to use, reproduce, modify, publish, distribute and display that content for business, marketing, product development and promotional purposes.

You represent and warrant that:

• You own or have the necessary rights to submit the content.
• Your submission does not infringe the rights of any third party.
• Your submission is accurate and not misleading.
• Your submission does not contain unlawful, abusive, defamatory, obscene or harmful material.
• Your submission does not contain viruses, malware or harmful code.

We may monitor, edit or remove content that we consider unlawful, offensive, misleading, inappropriate or in breach of these Terms of Service.

We are not required to keep feedback confidential, pay compensation for feedback or respond to feedback.

Section 13 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability or other information.

We reserve the right to correct any errors, inaccuracies or omissions, and to update information or cancel orders if information is inaccurate, including after an order has been submitted.

Nothing in this section limits your rights under the Australian Consumer Law.

Section 14 - Prohibited Uses

You may use our website only for lawful purposes.

You must not use our website:

• For any unlawful, fraudulent or malicious purpose.
• To violate any applicable law, rule or regulation.
• To infringe our intellectual property rights or the rights of others.
• To harass, abuse, defame, threaten or harm another person.
• To submit false, misleading or deceptive information.
• To upload or transmit viruses, malware or harmful code.
• To spam, phish, scrape, crawl, data mine or otherwise extract data.
• To interfere with or bypass security features of our website.
• To impersonate another person or entity.
• To interfere with another person’s use of our website.
• To reproduce, duplicate, copy, sell, resell or exploit any part of the website without permission.

We reserve the right to suspend, restrict or terminate your access to our website if we believe you have breached these Terms of Service.

Section 15 - Automated Access and Agents

You must not use bots, scrapers, crawlers, automated tools, AI agents or similar systems to access, interact with, copy, extract data from, or place orders through our website without our prior written consent.

Any automated system that accesses our website must clearly identify itself and comply with any robots.txt files, technical restrictions, security measures or access instructions we apply.

We may block, restrict or limit automated access to our website at any time.

Section 16 - Termination

We may terminate or suspend your access to our website or services at any time, without notice, if we believe you have breached these Terms of Service or engaged in unlawful, harmful or inappropriate conduct.

You remain liable for all amounts due up to and including the date of termination.

The sections of these Terms that by their nature should survive termination will continue to apply, including sections relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, governing law and privacy.

Section 17 - Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified.

Section 18 - Disclaimer of Warranties

Information on our website is provided for general information purposes only.

While we aim to keep information accurate and up to date, we do not guarantee that all website content will be complete, accurate, current or error-free.

Except as required under the Australian Consumer Law or otherwise expressly stated by AFS Offroad, our website and products are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, we exclude all warranties, representations and conditions that are not expressly stated in these Terms or required by law.

Nothing in this section limits your rights under the Australian Consumer Law.

Section 19 - Limitation of Liability

To the maximum extent permitted by law, AFS Offroad, its owners, employees, contractors, suppliers, service providers and affiliates will not be liable for any indirect, incidental, special, consequential or punitive loss or damage, including loss of profits, loss of revenue, loss of data, loss of opportunity, replacement costs or similar damages arising from your use of our website or products.

Where our liability cannot be excluded under law, our liability is limited, to the extent permitted by law, to one or more of the following:

• Replacement of the goods.
• Repair of the goods.
• Payment of the cost of replacing the goods.
• Payment of the cost of repairing the goods.

Nothing in this section excludes, restricts or modifies any rights you have under the Australian Consumer Law.

Section 20 - Indemnification

You agree to indemnify and hold harmless AFS Offroad, Shopify, and our owners, employees, contractors, suppliers, service providers and affiliates from any loss, damage, liability, claim or expense arising out of:

• Your breach of these Terms of Service.
• Your violation of any law or the rights of a third party.
• Your misuse of our website or products.
• Your incorrect installation, modification or misuse of products purchased from us.

Section 21 - Severability

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law.

Any unenforceable portion will be deemed severed from these Terms of Service, and the remaining provisions will continue in full force and effect.

Section 22 - Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies posted on our website, constitute the entire agreement between you and AFS Offroad regarding your use of our website and purchases from us.

Any ambiguities in these Terms will not be interpreted against the drafting party.

Section 23 - Assignment

You may not assign, transfer or delegate your rights or obligations under these Terms of Service without our prior written consent.

We may assign, transfer or delegate our rights and obligations under these Terms of Service without notice or consent.

Section 24 - Governing Law

These Terms of Service are governed by the laws of Queensland, Australia.

You and AFS Offroad submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Section 25 - Headings

The headings used in these Terms of Service are included for convenience only and do not limit or otherwise affect these Terms.

Section 26 - Changes to Terms of Service

You can review the most current version of these Terms of Service on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates on our website.

It is your responsibility to check our website periodically for changes.

Your continued use of our website after any changes are posted constitutes acceptance of those changes.

Section 27 - Contact Information

Questions about these Terms of Service should be sent to us at:

AFS Offroad
Email: info@afsoffroad.com.au
Business address: 4 Kinen Lane, Canina, QLD, 4570
Business phone number: +61 410 699 013
ABN: 90 524 360 350