Welcome to HDAutomotive!
These terms and conditions outline the rules and regulations for the use of H&D Automotive Pty Ltd’s Website, located at https://hdautomotive.com.au
By accessing this website we assume you accept these terms and conditions. Do not continue to use HDAutomotive if you do not agree to take all of the terms and conditions stated on this page.
Your Privacy
Please read our Privacy Policy available at https://hdautomotive.com.au/privacy-policy/
Terms & Conditions – H&D Automotive Pty Ltd
1. Application of Terms
- These Terms & Conditions apply to all sales, online and offline, both within Australia and internationally.
- By placing an order, you agree to be bound by these Terms & Conditions.
- Any variations must be agreed in writing by HD Automotive.
- Nothing in these Terms excludes or modifies any rights you have under the Australian Consumer Law (ACL).
2. Pricing & Payment
- All prices are in Australian Dollars (AUD) and include GST unless otherwise specified.
- We do not charge or collect GST on international sales. If you are charged GST on an international sale where H&D Automotive Pty Ltd is not collecting GST you will be refunded this amount.
- Payment must be made in full prior to dispatch unless otherwise agreed in writing.
- We reserve the right to correct pricing errors or omissions at any time. If an error is discovered after purchase, you may cancel and receive a refund.
- HD Automotive conducts promotions in good faith. If an error occurs while a discount is applied which is greater than the advertised offer, or combines with multiple offers to deliver a discount greater than advertised offer, the order is deemed invalid and will be refunded.
- HD Automotive will attempt to resolve any issues and deliver the best outcome within the scope of the promotion.
- Coupon Codes and Automatically Applied discounts are single use only and do not compound unless otherwise advertised. In the case that multiple discounts may apply to an order, the greatest single valid discount will apply.
- Errors in shopping cart calculation void all purchases using discounts. In the event of a miscalculation, we will strive to achieve a positive outcome for those affected.
- Any discount which results in a $0.00 order is deemed invalid.
- Discount coupons, promotions, and special offers do not apply to the purchase of Gift Cards, or event tickets.
- All sales and promotions are subject to availability of stock, and are only valid whilst stock lasts.
- No website promotion guarantees the customer a discount.
- Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
3. Risk & Title
- Title to goods passes only once full payment is received.
- Risk in goods passes to the customer once dispatched from our premises or collected by your chosen carrier.
- Freight insurance is not included unless arranged separately.
4. Delivery
- Delivery times are estimates only. We are not liable for delays in shipping or customs clearance.
- You must inspect goods upon delivery and notify us of any shortage, damage, or defect within 14 days.
5. Installation & Use
- All products must be installed by a qualified mechanic.
- It is your responsibility to ensure correct fitment, compatibility, and compliance with local laws and regulations.
- Performance parts may alter vehicle operation and may not be legal for road use. Unless otherwise stated, goods are sold for off-road or motorsport use only.
- We make no claim that parts are legal for road registration or insurable.
6. Warranty & Australian Consumer Law
- Our goods come with guarantees that cannot be excluded under the ACL. 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 they fail to be of acceptable quality and the failure does not amount to a major failure.
- To make a warranty claim:
- You must notify us in writing as soon as possible.
- The product must be returned (at your cost initially) for inspection and testing.
- We may forward the product to the manufacturer or supplier for independent assessment.
- No claim will be considered without return and inspection of the part.
- Warranty does not cover:
- Incorrect installation, misuse, neglect, or modification.
- Normal wear and tear.
- Labour, towing, fluids, or consequential damages (e.g. engine rebuilds, downtime, loss of profits).
7. Limitation of Liability
- To the maximum extent permitted by law:
- Our liability is limited to the repair, replacement, or refund of the goods (at our discretion).
- We are not liable for consequential, indirect, or special loss or damage, including but not limited to engine failure, vehicle damage, labour costs, towing, loss of profit, or downtime.
- Automotive performance parts are subject to many variables outside our control (installation quality, tuning, operating conditions). You acknowledge and accept these risks.
8. Returns & Exchanges
- Change of mind: Returns are not accepted unless agreed in writing. If accepted, goods must be unused, in original packaging, and resalable. A restocking fee (15–20%) may apply.
- Faulty goods: You may be entitled to a repair, replacement, or refund under the ACL (see Section 6).
- Incorrect goods: If we supply the wrong part, we will cover return freight and supply the correct part. If you ordered incorrectly, exchanges may be offered at our discretion, with return freight at your cost.
9. International Sales
- International customers are responsible for all import duties, taxes, and compliance with local laws.
- Risk of customs delays or seizure rests with the customer.
- Once goods have been dispatched from our store with the specified freight carrier, it is the responsibility of the customer to engage with and follow up with the freight company on delivery times.
- We supply goods worldwide; however, once goods leave Australia, the risk of transit, customs clearance, and local delivery passes entirely to the customer.
- International customers are solely responsible for:
- Paying all import duties, taxes, tariffs, brokerage fees, or local handling charges.
- Ensuring the goods comply with their country’s laws and regulations.
- Liaising with their local freight company, postal service, or customs authority.
- H&D Automotive Pty Ltd does not contact or deal with international freight companies, customs offices, or government agencies on your behalf. We cannot provide support in local languages.
- Shipping timeframes are estimates only and subject to international carrier delays, customs inspections, or other factors outside our control.
- If goods are delayed, held, or seized by customs, or returned due to unpaid duties or incorrect import documentation provided by the customer, H&D Automotive Pty Ltd accepts no liability. Any return freight, re-importation charges, or re-dispatch costs are the customer’s responsibility.
- In the event of a lost parcel, claims must be made directly with the nominated freight carrier. H&D Automotive Pty Ltd will provide available dispatch documentation (e.g. tracking details) but is not responsible for recovering goods or compensating for losses once dispatched.
9a. US Customer Sales
- Orders shipped to the United States are subject to a 10 % Tariff Offset Fee to recover additional costs arising from U.S. import tariffs. This fee is applied at checkout and included in the total order value.
10. Intellectual Property
- All content, logos, and images on our website are protected under the Australian Copyright Act and may not be reproduced without written permission.
- Under no circumstances is our content to be copied or re-used for any purposes.
- We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
- If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
- We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
- Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
11. Website Use
- Our website uses cookies. By using our site, you consent to our use of cookies in accordance with our Privacy Policy.
- You must not copy, republish, or redistribute content from our website without permission.
12. Governing Law
- These Terms & Conditions are governed by the laws of Queensland, Australia.
- You agree to submit to the non-exclusive jurisdiction of the Queensland courts and courts of appeal therefrom.
13. Core Returns – Fuel Injectors & Injector Pumps
- Some products (including but not limited to fuel injectors and injector pumps) are sold with a core charge. This is a refundable deposit, provided the used part (“core”) is returned and passes inspection.
- Return window:
- Cores must be returned within 4 weeks from the date of purchase.
- Cores received after this timeframe may be rejected or refunded at a reduced value, at the discretion of H&D Automotive Pty Ltd.
- Inspection period:
- Once the core is received by H&D Automotive Pty Ltd, we allow up to 2 weeks to inspect the component for reusability from the date it arrives to us.
- Refunds will only be processed once inspection is complete.
- Inspection criteria:
- Cores must be complete, serviceable, and free from excessive damage.
- Examples of non-reusable damage include: cracked housings, corrosion, seized internals, or damaged threads on injector or pump bodies.
- Refund outcomes:
- If the core is reusable, the full core charge will be refunded.
- If the core is damaged, the cost of the damage will be deducted from the refund, up to the full retail value of the damaged item.
- If the damage value equals or exceeds the core charge, the refund will be forfeited in full.
- Freight responsibility:
- The customer is solely responsible for arranging and paying all costs of return freight.
- Any damage caused in transit due to inadequate packaging is the responsibility of the customer and may affect the refund value.
- Refund method:
- Refunds will be processed using the original payment method where available.
- If the original payment method is unavailable (for example, expired cards, closed accounts, or certain third-party processors), it is the customer’s responsibility to provide H&D Automotive Pty Ltd with accurate bank account details for an electronic funds transfer (EFT).
- At the customer’s request, the refund may alternatively be applied as store credit with H&D Automotive Pty Ltd. Once applied, store credit will be issued in the form of a gift card. Gift cards are valid for 3 years from the date of issue in accordance with the Australian Consumer Law, and balances are non-refundable and non-exchangeable for cash.
- H&D Automotive Pty Ltd is not responsible for delays or failed refunds caused by incorrect or incomplete banking details provided by the customer.
- H&D Automotive Pty Ltd’s inspection and assessment of the core’s condition will be considered final and binding.
14. Reviews, Testimonials & Public Content
- By submitting a review, testimonial, or feedback about HD Automotive (including but not limited to reviews on Google, Facebook, or other platforms), you grant HD Automotive a non-exclusive, royalty-free, perpetual licence to use, reproduce, and publish that content for promotional purposes.
- We may, at our discretion, display your review alongside the relevant products you purchased from us, including on our website product pages.
- Reviews will always be attributed in the same way they were originally published (e.g. first name, initials, username, or channel name).
- In addition, HD Automotive may capture and use reviews or feedback you make in public forums, such as Facebook posts, YouTube videos, or other social media platforms, where legally permitted.
- We will not materially alter the meaning of your review, but we may make minor formatting adjustments (e.g. punctuation, line breaks) for presentation consistency.
- If you would like your review or content removed from our website, product listings, or promotional materials, you may request removal in writing at any time.
15. Automotive Trademarks Disclaimer
- H&D Automotive Pty Ltd is an independent aftermarket parts supplier. We are not affiliated with, endorsed by, or associated with any vehicle manufacturer or brand, including but not limited to Toyota Motor Corporation, Nissan Motor Co., Ltd., Isuzu Motors Limited, Ford Motor Company, Mitsubishi Motors Corporation, or their Australian subsidiaries.
- The use of manufacturer names, model names, engine codes, part numbers, or terms such as Toyota, Hilux, LandCruiser, Nissan Patrol, or similar are strictly for identification, navigation, and compatibility reference only.
- All trademarks, logos, and brand names are the property of their respective owners. H&D Automotive Pty Ltd does not claim ownership of any such marks.
- Our use of any trade name or trademark does not imply association with, or approval by, the trademark owner, and is not intended to deceive or cause confusion.
- Unless specifically stated as Genuine OEM, all parts supplied are aftermarket or performance replacement parts.
16. Address Accuracy & Delivery Responsibility
- It is the customer’s responsibility to provide accurate and complete delivery information when placing an order with H&D Automotive Pty Ltd.
- Orders will be shipped to the exact delivery address provided at checkout. H&D Automotive Pty Ltd is not liable for delays, losses, or additional costs arising from:
- Incorrect or incomplete delivery addresses;
- Customer failure to update their delivery address prior to dispatch; or
- Parcels being delivered to the wrong address due to customer error.
- If an order is returned to H&D Automotive Pty Ltd due to an incorrect or incomplete address supplied by the customer, the customer will be responsible for:
- Paying any additional freight charges to re-send the order; and
- Any return-to-sender fees charged by the carrier.
- If an order is delivered to the incorrect address provided by the customer and cannot be recovered, H&D Automotive Pty Ltd accepts no responsibility for replacement or refund.
17. Alterations to Conditions
- We may update these Terms & Conditions at any time.
By purchasing from H&D Automotive Pty Ltd 61 632 454 525 (“H&D Automotive”, “we”, “our”, “us”), you (“you”, “your”, “the customer”) agree to the following Terms & Conditions. Please read them carefully before placing an order.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Hyperlinking to our Content
The following organisations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organisations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of H&D Automotive Pty Lyd; and (d) the link is in the context of general resource information.
These organisations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organisations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to [email protected]. Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of H&D Automotive’s logo or other artwork will be allowed for linking absent a trademark license agreement.
LEGAL USE OF PRODUCTS
Any tuning or product revisions of OEM engine or engine control systems is according to the requirements of the customer. It is the responsibility of the customer to ensure legal use. Off road use only. We make no claims that these products or modifications are legal or insurable on public roads. The purchaser is responsible for ensuring compliance with their relevant insurer and local regularity bodies.
Cookies
We employ the use of cookies. By accessing HDAutomotive, you agreed to use cookies in agreement with the H&D Automotive’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, H&D Automotive Pty Ltd and/or its licensors own the intellectual property rights for all material on www.HDAutomotive.com.au. All intellectual property rights are reserved. You may access this from HDAutomotive for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from HDAutomotive
- Sell, rent or sub-license material from HDAutomotive
- Reproduce, duplicate or copy material from HDAutomotive
- Redistribute content from HDAutomotive
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. H&D Automotive Pty Ltd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of H&D Automotive Pty Ltd, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, H&D Automotive Pty Ltd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
H&D Automotive Pty Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant H&D Automotive Pty Ltd a non-exclusive license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Content Liability
We shall not be held responsible for any content that appears on our website (www.HDAutomotive.com.au). You agree to protect and defend us against all claims that are rising on our Website (www.HDAutomotive.com.au). No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.