Terms and conditions

Terms of use of our website

Information about us

www.australiancarcollection.com.au is a site operated by Ixo Collections SAS ("we", "us", "our"). We are registered in the Trade Register of Commerce in Evry, France under company number 852934090 and have our registered office at 14 Rue du Bois Guillaume 91000 Evry-Courcouronnes, France. In France, our value added tax (VAT) number is FR94852934090. We are registered for goods and services tax (GST) in Australia and our Australian Business Number (ABN) 61 293 463 461.

Terms of website use

These terms of use (together with the documents referred to in them) (Terms) describe the terms on which you may make use of our website www.australiancarcollection.com.au (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these Terms carefully before you start to use our site, or take out a subscription on our site, as these will apply to your use of our site and / or your subscription. We recommend that you print a copy of these Terms for future reference. By using our site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our site or take out a subscription.

Other applicable terms

These Terms refer to the following additional documents, which also apply to your use of our site:

• Our Privacy Policy [https://www.australiancarcollection.com.au/page/privacy-policy], which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Cookie Policy [https://www.australiancarcollection.com.au/page/cookie-policy], which sets out information about the cookies on our site.

If you take out a subscription on our site, our subscriber terms and conditions [https://australiancarcollection.com.au/page/terms-and-conditions#subscription-terms] will apply.

Changes to these terms

We may revise these Terms at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at the email address below.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by French law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our subscriber terms and conditions [https://australiancarcollection.com.au/page/terms-and-conditions#subscription-terms].

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Criminal Code Act 1995 (Cth). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, contact us at the email address below

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Applicable law

These Terms are subject to French law.

In the event of difficulties in the application of these Terms, the Customer, before taking legal action, may seek an amicable solution, in particular with the help of a professional association in the field, a consumer association or any other counsel of their choice.

Complaints or disputes will always be received with attentive benevolence, good faith is always presumed in those who take the trouble to explain their situation. In the event of a dispute, the Customer will first contact us to obtain an amicable solution.

In the absence of an amicable agreement between the Parties, the dispute will be submitted to French courts, unless otherwise stipulated by applicable law.

Subscriptions

Items offered as part of a subscription (Subscription Items) are subject to your subscription remaining in force at the relevant time that each Subscription Items is due to be dispatched in accordance with the subscription. Subscription Items offered as part of a subscription are not all due at once at the time you take out your subscription. By way of example, if a Subscription Item is due at despatch 15 you will only receive that item if your subscription remains in force at the time despatch 15 is dispatched.

You are free from a commitment contracted when ordering and you may terminate the subscription at any time. If you wish to terminate your subscription, you must contact us at the email address referred to above and advise us that you wish to terminate your subscription.

We may terminate your subscription at any time if we reasonably believe that you are in breach of these Terms.

Termination will be taken into account from the first day following receipt of the request. You will still be required to pay for Subscription Items dispatched prior to receipt of your termination.

If we or you cancel the subscription in accordance with these terms and conditions, you will not receive Subscription Item offered as part of a subscription that fall due after such cancellation. If you receive any Subscription Items after you cancel your subscription you should notify us and we will arrange for collection or reimbursement of your costs in returning them to us.

The images of proposed covermounts and subscription gifts are for illustrative purposes only. We will make every effort to supply such covermounts and subscription gifts as are listed on our site but reserve the right to provide alternative covermounts and subscription gifts of similar value or to provide such covermounts and subscription gifts in a different order to that listed on our site.

Price and Payment

The price of any Subscription Item (plus packing and postage costs “P&P”) will be as quoted on our site from time to time, except in cases of obvious error when we will notify you and either give you the option of purchasing at the correct price or cancelling your subscription. You acknowledge the cost of the Subscription Items may increase from time to time and you authorise us to seek payment for the relevant cost applicable from time to time.

You authorise us (or our payment processor) to collect payment by the method indicated in the order form.

Information concerning your credit card is highly secured by SSL (Secure Socket Layers) encryption. They never circulate in clear on the Internet. Your bank details are therefore perfectly secure. Your withdrawals are made automatically each month, one day before the dispatch date of your Subscription Items, monthly after the commencement of your subscription on the date of your subscription confirmation.

Sales in Australia - Consumer Rights and Guarantees

All sales in Australia are covered by the Australian Consumer Law, and these policies do not affect your statutory rights in any way. 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 the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. For more information please visit: http://www.consumerlaw.gov.au.

Contact us

To contact us, please email [email protected]