Modkingz Terms & Conditions

1. INTERPRETATION

Seller – Refers to Modkingz

Buyer – Refers to the person or company placing an order with the seller for the purchase of goods and services.

Conditions – Or these “conditions” means these conditions of Sale.

Goods – Refers to all goods, merchandise and services supplied by the seller, pursuant to these conditions of sale.

2. CONDITIONS OF SALE

These conditions are the conditions upon which will deal with and sell products to a purchaser. Modkingz may vary these conditions from time to time. Any such amendments shall be binding on the purchaser. The placement of an order by the buyer will be deemed acceptance of these conditions.

3. ALTERATIONS OF CONDITIONS

These conditions shall apply to all orders placed by the buyer with the seller to the exclusion of all other items or conditions unless otherwise expressly agreed in writing. If the terms of the buyer order are inconsistent with these conditions the delivery of the goods to buyer or as buyer directs shall constitute an offer by a seller to sell the goods to the buyer pursuant to these conditions which offer buyer shall be deemed to accept by taking delivery of the goods.

4. SELLER MAY DECLINE ORDERS

Seller reserves the right to accept in whole or part any order, or decline an order.

5. DELAYS

The date for delivery is the estimated date of delivery, the seller shall be under no liability for any loss or damage arising if the goods are not delivered by that date. Where seller is unable to deliver the goods because of matters beyond the control of seller, then the estimated date for delivery shall be extended until the cessation of the effect of such matters. If the items purchased by the Buyer are out of stock the Buyers order will automatically be placed on a back order which can take up to 20 weeks.

6. CANCELLATION AND RETURN OF GOODS POLICY

Cancellation of Goods must be made within 48 hours of making the order or before Goods are dispatched. (Fees apply, as per policy.) If you wish to cancel your order, please contact our Customer Service Team on 02 8880 4628 Goods are non-returnable and non-exchangeable unless goods are;

1. Damaged
2. Have been fitted
3. 4x4 Accessories

Goods are intended to be used strictly in accordance with manufacturer's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product in accordance with those instructions.

All returns must be made via our Return Procedure with a valid form, please send us an email to [email protected] with your request.

• Products must be in original packaging and in a new and resalable condition.
• Any product that was used or fully/partially installed is non-returnable.
• Any shipping costs are not covered by the Seller, Full costs are the Buyers responsibility.
• They're a few exceptions for items that cannot be returned include:
• Items Marked "Non-Returnable" (clearly indicated on the work order and or tax invoice)
• Personalized Items (custom engraved, embroidered, or painted).
• Any goods marked down on special cannot be returned or exchanged.
• Refunds must be requested in writing, within 7 business days.
• Refunds take 7-10 business days to process.

a) Except in accordance with clause 6 hereof, no goods shall be returned without prior written consent of seller and where goods are returned without such consent, the same shall be returned to the buyer at buyer's expense.

b) Manner of return
Unless otherwise agreed by seller, all returns should be made via the authorised sellers transport making the initial delivery and all returned goods must be accompanied by an itemised credit claim signed by an officer /employee of the buyer stating the reason for the return goods unless relevant invoice number (s) are quoted if any returned goods are damaged or destroyed on or prior to returning to the sellers warehouse.

I. All costs involved with wheels and tyres returned to the seller shall be the sole burden of the buyer unless otherwise agreed upon by the seller. Returned goods must have a freight fee paid for prior to being returned. Any goods returned without the consent of the seller shall be kept in the seller's possession with no action taken until freight fees have been paid for. Any goods not accepted by the buyer from the courier may incur further delivery fees in accordance with courier resending fees.

II. Wheels/Rims that have been fitted with tyres will not be accepted for return.

III. Wheels will not be accepted for return unless in original packaging.

IV. Tyres will not be accepted for return if they have been mounted to wheels.

V. 25% cancellation/exchange/refund fee applies on all orders cancelled by the buyer for personal reasons if accepted on the seller's behalf.

7. PRODUCT APPEARANCE

All images appearing on this website are provided by our manufacturers and suppliers. Actual product appearance may vary in terms of Pitch Circle Diameter (PCD) appearance, colour and finish. These variances in no way affect wheel performance or engineering integrity of the wheel. If you require images of your actual product before purchase please do not hesitate to call 02 8880 4628 or email us ([email protected]) and we are more than happy to provide you images of the wheels, that you are interested in, pre-purchase.

8. DELIVERY/ POINT OF DELIVERY AND PASSING RISK

a) Seller shall not accept liability for items damaged in transit. Damage claims must be made to the delivery freight carrier.

• Any damage to items delivered via freight must be reported within 48 hours to Modkingz to be considered by our freight provider. If damage is reported outside of this window freight damage claim cannot be lodged. If claim is lodged within 48 hours, Evaluation and compensation of damage is at the discretion of our freight provider and may not be accepted if deemed by them during the investigation.

b) If the buyer wishes to change the delivery address after placing an order, any fees that the seller may incur from the delivery freight carrier will be passed on to the buyer. Modkingz Wheels, Tyres and Performance only ships within Australia. All orders including delivery costs are in Australian dollars (AUD).

• Standard processing times can take up to 1-3 working days.
• Processing times for holiday periods can take up to 3-4 working days.
• Any orders using Afterpay and ZipMoney have processing times that can take up to 5-7 working days.
• Please note our intention is to get our products delivered as quickly as possible and always try our best to reduce our processing times.
• As soon as products are dispatched, a tracking number will be sent via email to Buyers nominated contact details.
• Installation kits (wheel nuts & hub rings) will come at an additional cost to the Buyer. They are high end and require custom made hub rings for Australian vehicles.
• Custom or build to order wheels are not returnable as specifications are provided by the Buyer.
• We will not guarantee fitment if you request a special offset for the wheel. Also fitment guarantee will only apply to the wheels with standard tyre size if customer buys wheels only. No fitment guarantee on customers purchased wheels only and tyres not recommended on the package or from other retailer.

c) The buyer gives the seller consent to leave the goods unattended upon delivery (authority to leave), it is the responsibility of the buyer to ensure that someone is present, at the delivery address, to accept the goods, Unless the buyer authorises otherwise. Any fees that the seller may incur from the delivery freight carrier in the re-delivery process will be passed on to the buyer.

9. TITLE

a) Property in the goods remain with seller and buyer agrees to hold the goods as Bailee for seller;

b) Seller may at any time terminate any contract relating to the goods; hold the goods as Bailee for seller

c) Buyer authorizes seller by its servants or agents to enter any premises owned, leased or otherwise occupied by buyer for the purpose of taking possession of the goods and authorizes seller to buy its servants or agents to use all reasonable force to obtain such possession and

d) If the goods are sold by the buyer, the buyer acknowledges that such sale is by the buyer as Bailee for and on behalf of the seller and agrees to hold the proceeds for sale and trust for seller until payment in full to the seller for goods.

e) Notwithstanding paragraph 6, until payment in full to the seller for the goods.

10. WHEEL CARE INSTRUCTIONS

Always clean chrome or painted wheels with mild soap and water after each use. Failure to do so could lead to paint/chrome being damaged. Do not use any harsh chemicals, detergents or polishing compound that contains abrasives on chrome or painted wheels. Using these types of products can cause permanent damage to your wheels and will void your warranty! Remember to run cool water on wheels before cleaning or let wheels cool off themselves failure to cool wheels before cleaning can cause discolouration. Automatic car washes are not recommended.

10.1 Failure to re-torque lug nuts could cause a serious accident and bodily injury. RE-TORQUE LUG NUTS AFTER 50KM OF USE EVERY TIME WHEEL LUG NUTS ARE REMOVED.

11. FITMENT GUARANTEES

The Seller cannot provide any fitment guarantees for vehicles that are 10 years old, heavily modified vehicles or customers requested fitments.

12. FITTING AND BALANCING

Wheels and Tyres will be delivered separately and will incur additional costs to fit and balance them. If the Buyer would like the seller to fit Modkingz to fit and balance their wheels and tyres additional freight costs will incur as items will need to be sent on a pallet. Modkingz will not be responsible for additional charges, labour, loss or damages caused by Buyers desired fitter.

13. PRICE BEAT GUARANTEE

The Seller will match our competitor's prices if the buyer can provide us with a valid online quote. If the seller cannot match a competitor's prices the buyer will be informed. All quotes must be provided PRIOR to purchase. No refund or price match will be allowed if the buyer has already purchased items.

14. STOCKED ITEMS

Modkingz website does not include live inventory, when the buyer purchases they understand that the order may be subject to a backorder. Any items left on company premises longer than 30 days will have your items and any monies paid forfeited. Additionally, Items can be located at external suppliers warehouses (located interstate) additional freight charges may apply.

15. FREIGHT INSURANCE

When a buyer purchases freight insurance their items are covered only if DAMAGED on freight. If the items are damaged we will replace them no questions asked as long as the damage is reported within 48 hours of delivery.

16. 4x4 ACCESSORIES

All 4x4 accessories are custom fabricated/ built to suit the user's vehicle. Modkingz accepts no responsibility for incorrectly ordered parts and advises all buyers to do extended product research of any 4x4 accessories prior to purchasing or to contact one of our 4x4 consultants on 02 8880 4628. As per clause 6) 4x4 accessories cannot be returned.

17. DISCLAIMER

In an effort to provide our valued clients with the most up to date and accurate information Modkingz is continuously implementing real-time updates to our online superstore. Due to the immediate nature of these updates, the correction of any errors and/or omissions can happen at any time without prior notice. This information may include but is not limited to pricing, availability, suggested use, fitment, compatibility, and warranties.

Modkingz is not responsible for any additional charges, labour, loss, or damage incurred as a result of information, correct or incorrect, referenced or products purchased from Modkingz. While we work to avoid any errors or omissions that may appear on the Modkingz website, we do reserve the right to cancel any undelivered orders based on inaccurate information.

18. TERMS OF SALE

You must pay for Goods by credit card, certain prepaid payment cards, PayPal account or any interest-free plan available on the Modkingz Website. When you place an Order on the Modkingz Website, and the amount you are paying for Goods is not more than $2,000 (excluding delivery charges), you may also pay for those Goods using one of the following other payment methods: Afterpay (subject to Afterpay’s Terms of Service), or ZipPay (subject to the Zip Pay Terms & Conditions). Please note that these other payment methods are not available when you place an Order on the Direct Website. If the name on the credit card/payment card/account does not match the name on the Order, Modkingz may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card or selecting one of the other available payment methods you authorise Modkingz to deduct the price and the applicable delivery charge(s) from such card or payment method.

IMPORTANT THINGS TO NOTE:

• Afterpay and Zip are available for orders from $1 and up to $2,000. Excludes any applicable delivery costs.
• PayPal is available for orders. Excludes any applicable delivery costs.
• Cannot be split with other payment types
• Afterpay and Zip are not yet available on purchases made through our phone sales line
• PayPal Pay in 4 cannot be used for in-store purchases.

*Zip Money - Available to approved applicants only and subject to completion of satisfactory credit check. Minimum monthly repayments are required. Paying only the minimum monthly repayment amount will generally not repay the purchase within the interest free period. A monthly account fee of $7.95 will also apply and a one-off establishment fee may apply for new customers. Any balance outstanding at the expiry of the interest free period will be charged at the standard variable rate, 23.9% per annum as at 1 December 2022. Other charges may be payable, see T&Cs. Interest, fees and charges subject to change. Terms & Conditions apply and are available on application. See your contract for further details. Credit provided by ZipMoney Payments Pty Ltd (ABN 58 164 440 993), Australian Credit Licence Number 441878).