This policy sets out the circumstances in which goods supplied by Gold Coast Suspenison Pty Ltd ("Performance Suspension") to a customer ("you") will be accepted for return.
AUSTRALIAN CONSUMER LAW
Performance Suspensions goods and services come with consumer guarantees under the Australian Consumer Law ("ACL") which cannot be excluded. This policy is in addition to any rights you have at law including under the ACL which is Schedule 2 of the Competition and Consumer Act, 2010 ("Act").
NO CHANGE OF MIND RETURNS
Please choose carefully as Performance Suspension does not accept return of goods because you change your mind or make a wrong decision about Performance Suspenisons goods or services.
ASSESSMENT OF GOODS FOR RETURN
Performance Suspension reserves the right to assess the eligibility of goods for return (including the condition and age of the goods) BEFORE accepting them as returned. All goods which a customer wants assessed for return must be:
- accompanied by proof of purchase from Performance Suspension either by providing a receipt or other proof of transaction; and
- unmarked and complete with instruction books and accessories and any other out of box accessories supplied as part of the purchase.
Please note that it may be necessary for the manufacturer of the goods to inspect the goods in order to assess eligibility for return. Performance Suspension will endeavour to procure such assessment within a reasonable time. While goods are being assessed, Performance Suspension will not be deemed to have accepted the goods for return.
WHEN GOODS WILL BE ACCEPTED FOR RETURN
Performance Suspension will accept goods for return only after assessment as set out above, where the goods:
- fail to meet a consumer guarantee under the ACL; or
- are subject to any warranty given by:
(a) Performance Suspension; or
(b) the manufacturer of the goods; and the goods are returned in accordance with the terms of that warranty.
WHAT HAPPENS WHEN GOODS ARE ACCEPTED FOR RETURN?
Subject to any obligation of Performance Suspension at law to the contrary, when Performance Suspension accepts goods for return:
- for a failure to comply with a consumer guarantee which is not a "major failure", Performance Suspension may either:
(a) have the goods repaired or provide an identical replacement ; or
(b) provide a refund of the amount paid for the goods; within a reasonable time.
- for a failure to comply with a consumer guarantee which cannot be remedied or a "major failure" (as defined in the ACL), you may either:
(a) reject the goods and choose a refund or identical replacement or one of the same type and similar value (if reasonably available);
(b) keep the goods and get compensation for any drop in value of the goods caused by the failure; or
(c) agree with Performance Suspension to a repair of the goods; and
- under warranty, Performance Suspension may either repair or replace the goods or offer a refund in accordance with the warranty.
A "major failure" is defined in the ACL and broadly is one where a reasonable consumer would not have acquired the goods had the consumer been fully aware of the failure, the goods are unsafe, substantially unfit for purpose or departed significantly from the demonstration model or sample. In this regard you should refer to the ACL.
If you reject goods purchased from Performance Suspension in accordance with the ACL, you must return the goods to Performance Suspension.
If goods are accepted for repair, Performance Suspension will undertake such repairs within a reasonable time. All repairs will be undertaken as prescribed under the ACL.
If you are entitled to a refund under the ACL, your refund will be issued by credit card, cheque, EFT or PayPal depending on your original payment method for the goods.
WHAT HAPPENS AFTER YOUR GOODS HAVE BEEN REPAIRED?
After your goods have been repaired or replacement goods become available, as the case may be, Performance Suspension will contact you to make arrangements for delivery of your goods. Performance Suspension will only pay for delivery of the goods if they were repaired or replaced because of a major failure or if Performance Suspension is required by law to meet the delivery cost.
GOODS NOT ACCEPTED FOR RETURN
Subject to any obligation at law to the contrary, including under the Act, certain goods will not be accepted for return because of their nature, including the following:
- gift cards
- special orders
ONLINE SALE RETURNS
If you purchased goods online via Performance Suspensions website and you would like to return them, you should first contact our Customer Services Department on (07) 5529 2366 who will give you a Tracking Number ("TN") and indicate where the goods should be sent for assessment of eligibility for return.
If you reside within South East Queensland you may return the goods to a Performance Suspension store of your choice provided you first contact the Customer Services Department to obtain a TN.
The process for return of goods purchased from Performance Suspension online is set out in this Returns Policy with the additional requirement that you need to first obtain a TN to identify your goods.
STATUTORY RIGHTS NOT AFFECTED
This Returns Policy will not affect your statutory rights including those under the ACL. To the extent of any inconsistency between this policy and your statutory rights, your statutory rights will take precedence.
If you have a question in relation to this Returns Policy or believe that Performance Suspension or any of our staff have not observed your rights under the ACL, please do not hesitate to contact Performance Suspension by writing to:
9 Telford Circuit
Yatala QLD 4207
Telephone: (07) 5529 2366