MARKETPLACE TERMS & CONDITIONS
The Resto my Ride Marketplace is owned and operated by the team that brings you the Internationally renowned Car Restoration TV show, Resto my Ride.
RestomyRide.com hosts an online shopping platform that allows our customers (“Buyers”) to buy goods from a wide range of Automotive related brands, retailers, and distributors (“Sellers”) across the globe. We call this the Resto my Ride Marketplace.
Our purpose is to make it easy for our customers to Buy and Sell all things Automotive & Restoration in our Resto my Ride Marketplace, so that our customers can enjoy shopping in one Restoration Destination at RestomyRide.com
Here are our Terms and Conditions that apply when using our site shop.RestomyRide.com
We hope you enjoy shopping with us.
Terms and Conditions
RESTO GROUP INTERNATIONAL PTY LTD (ABN 27 647 558 923) operate a marketplace service via the website shop.RestomyRide.com (also referred to as the Site) that connects “Buyers” (being a person who purchases a good or service) and “Sellers” (being a person who sells a good or service) to the “Resto my Ride Marketplace”.
The Resto my Ride Marketplace facilitates transactions between Buyers and Sellers, and provides assistance in relation to customer service, payment, fulfilment, and refunds. While we do provide this assistance, We are not a direct party to the transaction between a Buyer and a Seller under these Terms.
When we refer to ‘us’, or ‘our’ or ‘we’ or ‘Resto my Ride” or similar, we are referring to RESTO GROUP INTERNATIONAL PTY LTD (ABN 27 647 558 923). When we refer to ‘you’ or ‘your’ or similar, we are referring to the User of this Site. This Agreement is between you and Resto my Ride. We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
Nature of the Site
Resto my Ride also operates as a marketplace platform that allows independent, third party brands, retailers and sellers who abide by our standards to list and sell goods on our Site.
All goods on the Site that are sold by a third party will contain the Seller’s details in addition to any terms of sale specific to the Seller’s goods (such as delivery timetables). By providing a platform for the sale of Goods and Services, we facilitate the transactions between Buyers and Sellers. This includes but is not limited to assistance with customer service, chargebacks, fulfilment, warranties, defects and returns in accordance with all and any applicable Australian Law. This facilitation does not make us responsible for any obligations of the participants in these transactions.
You agree that as a platform for independent Sellers, we are not responsible for the Seller’s goods or services to the extent permitted by law, Resto my Ride makes no warranty or representation regarding the standard of any goods or services to be supplied by the Seller. Nothing in this clause is intended to have the effect of restricting or modifying your rights or our obligations that cannot be restricted or modified by law (including the Australian Consumer Law).
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Comments.
You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
Purchase of Goods or Services
Buyers may purchase goods or services from Sellers via the Resto my Ride Marketplace. The contract for the sale of the goods or services entered into via the Resto my Ride Marketplace is solely between the Buyer and Seller, and we will not have any liability to a Buyer or Seller in relation to a sale transaction other than as expressly set out in these Marketplace Terms and Conditions or otherwise to the extent such liability cannot be excluded by law.
Prices, Payment and GST
All prices displayed on our website are in Australian dollars (AUD) and include GST. All payments are processed in Australian dollars. We accept payment by various methods, including by credit card (Visa and MasterCard), Afterpay and ZipPay. The retail price for each product is provided to us by the seller. Prices are subject to change effective immediately upon posting to our website or other form of notification.
In some cases, products may be sourced from International markets and may not be available for sale elsewhere in Australia. In that case our supplier provides us with a retail price in Australian dollars based upon a conversion of the price in the market from which the products were sourced. In cases where our products have not previously been sold in any retail market, we work with our supplier to set a retail price based upon the price of products we deem to be competitive products in the Australian retail market.
International Sellers and Direct Import Goods
Some third-party Sellers are based in overseas countries. By purchasing goods from these Sellers and importing them into Australia you may be required to comply with Australian laws and standards that apply to the importation of such goods. Some products or orders from overseas Sellers which exceed the low-value import threshold (currently $1,000AUD) may be subject to an additional amount of GST collected from you by the Australian Customs and Border Force. Please check www.border.gov.au
Shipping is the responsibility of the Seller. We request that all Sellers ship promptly and adhere to Standard delivery times between three (3) and ten (10) Business Days unless otherwise stated within the product advertisement. Bulky Items and Items purchased with Overseas Sellers will have their own Shipping and Delivery times and Policies that will be displayed in the product advertisements.
In the event that an ordered item is not available, or it is not possible to fulfill your order you will be notified within 2 (two) business days to arrange an alternative Product, a Back-order or a full refund.
Shipping is the responsibility of the Seller and Seller Shipping and Delivery Policies are displayed on the Sellers Homepage. All stores who sell products on the Site, ship their goods, or provide a click and collect service throughout Australia. Shipping costs are set by the Seller and can be calculated by the value of the order, size and weight of the goods, and the shipping company itself.
The standard delivery time is between (3) three and (10 ) ten working days from the time the order is placed. This timeline does not apply during national disasters or other events out of our control.
Click & Collect
The Click and Collect feature on the Site enables you to purchase online and collect the purchase from a Seller’s store. The service is only available from Retail Sellers that feature Click & Collect as an option.
It is your responsibility to ensure you have the correct details of the Retail Seller and that you have correctly entered all order details (including your contact details). You will be notified by the Retail Seller within approximately 24 to 48 hours (or 1 to 2 Business Days) after having placed the order as to when it will be ready for collection. You must present current photo identification and a payment receipt for the purchase to collect ‘Click & Collect’ purchases from the Retail Seller.
Events & Ticketing
Events and tickets advertised on the Site enables you to purchase and or reserve entry to specific events advertised by Sellers. If you have any queries or reservations about an event you must contact the Seller directly or review the particular event’s terms and conditions provided by the Seller prior to purchasing. Our facilitation of payment for the tickets does not lead to any liability or responsibility on the part of Resto my Ride and any such responsibility rests with the Seller. Resto my Ride has no obligation or liability to provide the ticket or entry pass to any event.
Refunds, Returns and Exchanges
We advise all buyers to select and choose their product (including size and colour) carefully before buying, as an order to purchase creates a contract between the Buyer and the Seller.
Refunds, Returns and Exchanges are the responsibility of the Seller and Seller Exchange, Refunds and Returns Policies are displayed on the Sellers Homepage.
We’re committed to providing the best customer satisfaction possible and we ensure that each Seller’s Exchange, Returns and Refunds Policy must be compliant with applicable laws, including the Australian Consumer Law.
Where a Seller does not have a returns policy or it isn’t visible, our Returns Policy (below) applies.
For faulty products or products that are the wrong size, the sellers offer a fourteen (14) day replacement warranty from the date you receive your product.
If your product can be replaced, it will be replaced with the same or a similar product. If a product cannot be replaced, you will be offered the option of a replacement product of the same value or be provided with a refund for the total value of the product.
If you return a product that is the wrong size and it is determined that it has been used since its purchase, no exchange or return will be granted.
Returning Faulty Products
Any faulty product can and should be returned to the seller from which it was purchased, with proof of purchase (paid in full email invoice receipt).
Replacements for faulty products will be sent to you at no charge within five (5) Business Days from the date the faulty product is returned by you and received by the seller.
When returning a faulty product to the Seller, please ensure you also provide us the following details:
- Your full name
- Your address
- Your order number
- The date of delivery (or collection) of the product
- The address of the Seller’s store
- Reason why you are returning the product
- Instructions on how you would like the issue resolved
- Contact phone number
- The original order confirmation or invoice you received with your product.
Change of mind
We are unable to offer guarantees on products or refunds for change of mind. We will however always endeavour to do our best to achieve the best and desired outcome for our Customer and the Seller.
Warranty only applies to unused and undamaged goods as stated. Refunds may be issued by Resto my Ride in the form of payment used to complete the transaction. Buyers agree that upon receipt of a refund from us the Buyer has no further claims against us or the Seller in relation to the relevant transaction.
Product and Service Warranties
Buyers acknowledge and agree that goods and services available via the Site are sold by Sellers and not by Resto my Ride. Accordingly, we have no liability to Buyers in respect of such goods and services other than as expressly set out in these Terms.
Limitation of Liability
We exclude all liability in relation to goods and services sold via the Site to the fullest extent possible at law. To the extent we have any liability to a Buyer in respect of such goods and services our liability is limited to the amount paid by the Buyer for the relevant product or service.
Risk & Liability
We accept advertisements from Sellers in good faith. Advertisements on the Site for Goods and Services are prepared by Sellers who are unrelated to us. We take no responsibility for the accuracy of price information or specifications of any Goods and Services advertised and/or sold. We take all reasonable precautions to only host accurate information on the Site, but we are not responsible for information uploaded or created by such third parties. You should verify such information yourself.
All other information on the Site and Goods and Services acquired through the Site are provided “as is” without warranty of any kind by us. We do not warrant or represent that the Goods and Services advertised on the Site will be suitable for any purpose, or that a Seller has any particular skill, knowledge, qualification or is legally entitled to carry on a particular business. It is your responsibility to verify any information on the Site and to investigate for yourself the condition, quality and suitability of any Products advertised on the Site.
When purchasing a Product, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. It is estimated that it would take at least one trillion years to decrypt 128-bit SSL encryption, this level of encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support at email@example.com
Sellers accept and must conduct themselves in accordance with these Marketplace Terms and Conditions. It is a Seller’s responsibility to ensure they comply with all applicable Terms and Conditions. Sellers must have clear legal title and ability to sell Products advertised on the Site in accordance with Australian law. For more information on How to become a Seller – Click Here
We may use social media and the Site may provide links to a number of social media sites (for example Facebook, Twitter, Instagram and TikTok). We reserve the right to change, vary, increase, decrease or desist from our social media presence at any time at our sole discretion.
We may from time to time host our own social media function, including blogs, consumer reviews, ratings and forums but are not obliged to do so. We do not necessarily endorse, support, encourage, verify or agree with any comments or opinions posted by third parties and any such posting does not necessarily represent the views of Resto my Ride.
We take no responsibility for all and any content on the Site except for such items which are specifically identified as being content produced by us.
Fees and Payment
All Fees listed on the Site are inclusive of GST and incur Merchant fees. All sales by Retail Sellers on the Site are subject to a Referral Fee. This fee will be agreed between the Seller and Resto my Ride.
Promotion of Good Business Practice
We aim to promote good business practices and a fair and efficient marketplace. All advertisers on the Site must comply with all and any Australian laws or regulations that apply to any transaction on the Site in which you are involved.
All transactions are processed in Australian dollars (AUD). Billing for product sales by customers are prepaid by available purchase methods (ie. AfterPay, ZipPay, Credit Card, or other).
We are not a party to any contract between a Buyer and a Seller on the Site. To the extent that the law allows, there is to be no deemed association between a number of separate contracts. Each purchase is a separate contract. Nothing in these Marketplace Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Marketplace Terms and Conditions in their particular case or for a particular transaction. Such requests will be considered by us on a case by case basis and should be sent to firstname.lastname@example.org
These Terms and Conditions will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of Resto my Ride and expressly identified as an amendment of these Marketplace Terms and Conditions.
Relationship of Parties
By using this Site you agree that there is no agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship intended or created by these Marketplace Terms and Conditions other than the agreement to host Sellers advertisements on the Site and Sellers shall not take any action or make any representation that Sellers have any agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship with Resto my Ride.
Governing Law and Jurisdiction
The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.
Australian Consumer Law
To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Marketplace Terms and Conditions. To the extent permitted by Australian law, we disclaim all warranties, representations and conditions, express or implied, with regard to any information, software or Products including but not limited to:
- merchantable quality;
- durability and fitness for a particular purpose;
- legal title; and
- non-infringement of Intellectual Property Rights.
To the extent permitted by Australian law, Resto Group International or its suppliers are not liable for any loss suffered by a Buyer or Seller in respect of Goods and Services advertised on the Site.
Our failure to act or delay in acting in relation to a breach of any of these Marketplace Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
Risk & Liability
We give no warranties in relation to the authenticity of advertisers or Users of the Site. To the extent permitted by Australian Law, we give no warranty as to the Goods and Services purchased from Sellers on the Site. Some information on the Site may be uploaded by Sellers from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Site does not imply our endorsement or liability in respect of such content.
Unless expressly stated by us, hyperlinks to other websites contained within the Site are not maintained or controlled by us. These third party hyperlinks are provided as a reference solely for the convenience of Users. As a result we make no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third party website from the Site, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.
All reasonable care will be taken while compiling the Site’s content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies. We endeavour to provide continuous availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release Resto Group International, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.
To use certain portions of the Site and Service, you may be directed to register on the Site and create a user profile or account (Account). As part of the registration process, you may be asked to submit your name, address, email address and/or similar information and to select a password. You agree that all information you provide for purposes of creating an account (Registration Information) will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of these terms and conditions and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current, and complete; and (ii) maintain the confidentiality of your password. You may not disclose your password to anyone. Resto my Ride is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
In creating an Account, you shall not (a) select or use the email address or username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorisation, (c) use an email address or username that is profane, offensive, or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein. You may not share or transfer any Account.
Last updated on January 9, 2023 by Resto Group International Pty Ltd.