These Conditions of Sale govern the sale of products, services and bundles on prosparkautoelectrical.com.au by ProSpark Auto Electrical (ProSpark), operated on its behalf by Travis Matthew Lister (ABN 53 643 874 021).
Please read these conditions carefully before placing an order in the ProSpark online shop. By using the ProSpark online shop, you agree to be bound by these terms and conditions (including our Privacy Policy, Conditions of Use and Returns Policy). ProSpark may amend these Conditions of Sale at any time.
If you do not agree with these terms, please discontinue using the website. Please contact us if you have any questions using the contact information below.
Sales Contract
When using our ProSpark online shop, your order is an offer to us from you to buy the product(s) and services such as installations in your order.
When you place an order, we will send you a confirmation via email that we have received your order. If your order includes an installation, our team will be in touch to book your vehicle in for the appointment. The order confirmation is acknowledgement that we have received your order and does not confirm our acceptance of your offer to buy the product(s) and installation(s) ordered.
We only accept your offer and conclude the contract of sale for a product ordered by you, when we dispatch the product(s) to you. We will send you a Dispatch Confirmation via email.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format.
Payment
Unless otherwise agreed to in writing with ProSpark, payment for any product(s) and/or installations or other services must be made to ProSpark before we dispatch the product(s) to you. Risk in the product(s) passes to you when the product(s) are dispatched to you.
Cancelling Your Order
Prior to order dispatch, we may cancel an order or reduce your products without notice if we believe, in our sole discretion, that you have or intent to breach our Conditions of Sale or Conditions of Use, you have raised unjustified claims, you have not provided accurate payment information, delivery to your area is not possible, the product/installation is no longer available, or another reasonable reason.
If your order is cancelled, ProSpark will contact you to explain the cancellation reason. We will refund the appropriate amount via your original payment method. If your order has been processed and it cannot be cancelled, then the item must instead be returned to us in accordance with the Returns Policy.
If you wish to cancel an order, please contact us using the details outlined below.
Exceptions to Cancellation Rights
The right of cancellation does not apply to the supply of products or installations made to your specifications or clearly personalised or an installation if ProSpark has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once the installation had started.
Statutory Rights
Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.
Pricing, Payment Options & Availability
All prices are inclusive of GST unless otherwise specified. ProSpark reserves the right to change any and all prices without notice for any reason.
We track availability of products on each product page. However, if for any reason a product or installation is not available, we will contact you using the details you entered when you placed the order and offer an alternative or a waiting period to you.
You can pay for your order by credit or debit card (Visa and Mastercard) or PayPal. We do not store any credit card information that you provide. Payments made via the website are securely managed by our third-party payment gateway vendor in compliance with relevant standards.
Freight Charges
ProSpark sells and delivers products Australia-wide, however, ProSpark does not accept any international orders. All prices listed on the ProSpark website do not include freight charges. These are payable by you and will be displayed when you check out your order.
Orders over $200 (incl. GST) will be eligible for free shipping. For orders below $200 (incl. GST), freight charges may apply and will be added to your shopping cart. Freight charges vary depending on size and weight of the products.
When choosing a product including installation, you will have to attend the ProSpark workshop located at 5/26 Greg Chappell Drive, Burleigh Heads QLD 4220. We do not deliver products that are part of the installation bundle. We do not offer mobile installations.
If the cost to deliver your product exceeds the delivery fee significantly because you are located remotely or have placed an order for large or heavy items, the ProSpark team may contact you to discuss alternative options. This may include cancelling or modifying your order.
Delivery
The delivery time estimates provided on the ProSpark website are estimates only. When choosing to ship your products, you may provide us with authority to leave the product at your nominated address. To do so, please make a comment in the order notes to provide us the authority to leave the product.
If we don’t have the authority to leave the product and no one accepts the delivery, we may have to opt for re-delivery or collection from the post office or courier depot.
ProSpark is not responsible for any loss or damage to a product after delivery has been made or for loss or damage caused by late delivery.
Product Information
ProSpark is not the manufacturer of the products sold on this website unless specified otherwise. While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website.
Product Returns
Please review our Returns Policy for product returns.
Applicable Law
These conditions are governed by the laws of Queensland. Any dispute of any sort that might arise between the parties will only be adjudicated in the courts of Queensland. Each party consents to the exclusive jurisdiction and venue in these courts.
Changes to the ProSpark Website
We reserve the right to cease providing, discontinue and make changes to any of the ProSpark website services at any time. You will be subject to the Conditions of Use and Conditions of Sale made available on the website at the time that you use the ProSpark website.
Severability
If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Waiver
If you breach these Conditions of Use or Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use or Conditions of Sale.
Contact Details for ProSpark Auto Electrical:
ProSpark Auto Electrical
Phone: 07 5620 4999
Email: contact@prosparkae.com.au
Address: 5/26 Greg Chappell Drive, Burleigh Heads QLD 4220
