Terms of service

OVERVIEW

This website is operated by SIMRIGS PTY LTD ("SimRigs", "we", "us", "our"). We offer this website, including all information, tools, products and services available from it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service, including the additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, vendors and merchants.

Please read these Terms carefully before using our website. If you do not agree to them, you may not access the website or use any of our services.

Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least 18 years of age, or that you have the consent of a parent or guardian to use this site.

You may not use our products for any unlawful or unauthorised purpose, and you may not use the Service in a way that breaches any law in your jurisdiction, including copyright law. You must not transmit any worms, viruses or code of a destructive nature. A breach of any of these Terms will result in immediate termination of your access to the Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and may involve transmission over various networks and changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

Headings in this agreement are for convenience only and do not affect the interpretation of these Terms.

SECTION 3 - ACCURACY OF INFORMATION

We make every effort to keep the information on this site accurate and current, but we do not warrant that it is complete or free of error. Product specifications are supplied by manufacturers and may change without notice. Material on this site is provided for general information only and should not be your sole basis for making a decision. If a specification matters to your purchase, contact us before ordering and we will confirm it.

We have made every effort to display product colours and images as accurately as possible. We cannot guarantee that your monitor will display colours accurately.

SECTION 4 - PRICES AND PAYMENT

All prices are in Australian dollars and include GST unless stated otherwise. Shipping is calculated separately at checkout. See our shipping policy for details.

Prices are subject to change without notice. We reserve the right to modify or discontinue any product or any part of the Service at any time without notice, and we are not liable to you or any third party for any price change, modification, suspension or discontinuation.

Occasionally a product may be listed at an incorrect price due to a typographical or system error. Where a pricing error is obvious and could reasonably have been recognised as an error, we may cancel the order and refund you in full rather than supply at that price. We will contact you before doing so.

SECTION 5 - PRODUCTS AND AVAILABILITY

Certain products or services may be available exclusively online and may be offered in limited quantities. We reserve the right to limit quantities, to limit sales to any person or region, and to discontinue any product at any time. Any offer made on this site is void where prohibited.

If an item you have ordered is unavailable, we will contact you to arrange a substitute, a backorder, or a full refund.

SECTION 6 - PRE-ORDERS AND LEAD TIMES

Some products are sold on pre-order before stock arrives in Australia. Where a product is a pre-order, this is stated on the product page along with an estimated availability date.

Estimated dates are supplied by the manufacturer and are estimates, not guarantees. Shipping schedules, manufacturing and customs clearance can all shift these dates. If a pre-order is delayed materially beyond the estimate given at the time of your order, we will contact you and you may choose to wait for the revised date or cancel your pre-order for a full refund.

Where an order contains both in-stock and pre-order items, the whole order may be held and shipped together unless you ask us to split it. Additional shipping charges may apply to split shipments.

SECTION 7 - CUSTOM AND TURN-KEY BUILDS

Custom-built and turn-key racing simulators are made to order to an agreed specification. The specification, price and estimated build time will be confirmed with you in writing before we begin.

A deposit may be required to commence a custom build. Once we have ordered components or started fabrication for your build, the deposit becomes non-refundable to the extent of the costs we have already incurred. Changes to an agreed specification after work has commenced may affect the price and the build time, and we will confirm any change with you before proceeding.

Because these products are made to your specification, they are not eligible for change-of-mind returns. This does not affect your rights under the Australian Consumer Law if the goods are faulty or not as described. See our refund policy.

SECTION 8 - ORDERS AND BILLING INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order, including orders placed under the same customer account, the same payment card, or the same billing or shipping address. If we change or cancel an order, we will attempt to contact you using the email address or phone number provided at the time of the order.

You agree to provide current, complete and accurate purchase and account information for all purchases, and to keep that information up to date so that we can complete your transactions and contact you as needed.

SECTION 9 - SHIPPING, RETURNS AND REFUNDS

Shipping, dispatch times, freight delivery and local pickup are covered in our shipping policy.

Returns, change-of-mind conditions, restocking fees and refunds are covered in our refund policy. Both policies form part of these Terms.

SECTION 10 - WARRANTY AND YOUR RIGHTS UNDER AUSTRALIAN CONSUMER LAW

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 to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they are not of acceptable quality and the failure does not amount to a major failure.

Products we sell may also carry a manufacturer's warranty. Where one applies, its length and terms are set by the manufacturer and are shown on the product page or available on request. A manufacturer's warranty is in addition to your rights under the Australian Consumer Law, not a replacement for them.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

SECTION 11 - OPTIONAL TOOLS AND THIRD-PARTY LINKS

We may provide access to third-party tools that we neither monitor nor control. You acknowledge that we provide access to such tools "as is" and "as available", without warranties or endorsement, and that your use of them is at your own risk. You should make sure you are familiar with the terms on which those tools are provided.

Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for the content or accuracy of those sites and are not liable for any harm or damages related to goods, services or transactions made with any third party. Please review their policies before transacting with them.

SECTION 12 - USER COMMENTS AND SUBMISSIONS

If you send us creative ideas, suggestions, proposals, reviews or other materials, whether at our request or otherwise, you agree that we may edit, copy, publish, distribute and otherwise use them in any medium without restriction. We are under no obligation to keep them confidential, to pay compensation for them, or to respond to them.

You agree that your submissions will not violate any right of a third party, and will not contain defamatory, unlawful, abusive or obscene material, or any malicious code. You may not use a false email address or misrepresent who you are. You are solely responsible for any submissions you make and their accuracy.

We may, but are not obliged to, monitor, edit or remove content that we consider unlawful, offensive, or in breach of these Terms.

SECTION 13 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our privacy policy.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to breach any law, regulation or ordinance; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We may terminate your use of the Service for breaching any of these prohibitions.

SECTION 15 - DISCLAIMER AND LIMITATION OF LIABILITY

This section applies subject to Section 10. Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.

We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error free, or that the results obtained from using it will be accurate or reliable. We may withdraw the Service for periods of time or cancel it at any time without notice to you.

To the extent permitted by law, and other than as set out in Section 10, our total liability to you for any claim arising out of or in connection with the Service or any product supplied is limited, at our option, to the repair or replacement of the goods, the supply of equivalent goods, or the payment of the cost of any of these.

To the extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, including loss of profits, loss of revenue, loss of data or loss of anticipated savings, arising from your use of the Service or any product purchased through it.

SECTION 16 - INDEMNIFICATION

You agree to indemnify and hold harmless SIMRIGS PTY LTD and our officers, directors, employees, agents, contractors, suppliers and service providers from any claim or demand, including reasonable legal costs, made by any third party arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 17 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will still be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed. This does not affect the validity of the remaining provisions.

SECTION 18 - TERMINATION

Obligations and liabilities incurred before the termination date survive termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our services, or by ceasing to use our site. If we consider that you have failed to comply with any provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services.

SECTION 19 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies posted on this site, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, including any prior versions of these Terms.

Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms and any separate agreements under which we provide you services are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.

SECTION 21 - CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page for changes. Your continued use of the website following any change constitutes acceptance of that change.

SECTION 22 - CONTACT

Questions about these Terms of Service can be sent to us at:

SIMRIGS PTY LTD
2406 Plenty Road, Whittlesea VIC 3757, Australia
info@simrigs.com
0499 620 981 (Mon to Fri, 9am to 4pm)