Terms of service
OVERVIEW
Welcome to O'Daddy Performance. The terms “we”, “us” and “our” refer to O'Daddy Performance. O'Daddy Performance operates this store and website, including all related information, content, features, tools, products and services provided to you through Shopify.
By visiting, using or purchasing from our website, you agree to these Terms of Service and our Privacy Policy. If you do not agree, please do not use our website or services.
SECTION 1 – ACCESS AND ACCOUNTS
You must be at least the age of majority in your state, territory or country of residence to use this website or place an order.
You are responsible for providing accurate and complete account, billing, shipping and payment information. You are also responsible for maintaining the security of your account.
SECTION 2 – PRODUCTS AND VEHICLE COMPATIBILITY
We make reasonable efforts to ensure product descriptions, specifications, images and compatibility information are accurate. Product colours, finishes and appearance may vary slightly due to screen settings, lighting, manufacturing batches or supplier updates.
Customers are responsible for checking vehicle compatibility, dimensions, specifications and installation requirements before ordering.
Some automotive products may require professional installation, modification, tuning or additional components. Product images may be for illustrative purposes only.
Nothing in these Terms excludes any rights you may have under the Australian Consumer Law.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. We may accept, reject, change or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- pricing or product information is incorrect;
- payment cannot be processed;
- shipping is unavailable to your location; or
- we suspect fraud or misuse.
We will contact you using the details provided at checkout if an order is changed or cancelled.
Orders may be processed quickly after payment, so cancellation requests cannot always be accommodated.
SECTION 4 – PRICES AND PAYMENT
Prices are shown in the currency displayed for your market.
Unless otherwise stated, international customs duties, import taxes, brokerage fees and similar charges are not included in the product price or shipping charge.
You agree to provide accurate and authorised payment information.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed.
Products may be dispatched directly from one or more fulfilment partners. Items from the same order may arrive separately and may have different tracking numbers.
We are not responsible for delays caused by carriers, customs processing, severe weather, incorrect addresses, supply issues or events outside our reasonable control.
International customers are responsible for any customs duties, import taxes or fees charged by their destination country.
Please refer to our Shipping Policy for further information.
SECTION 6 – RETURNS AND REFUNDS
Returns, refunds and remedies are handled in accordance with our Return and Refund Policy and applicable consumer law.
Customers must contact us before returning any product. Returns sent without approval may not be accepted.
SECTION 7 – INTELLECTUAL PROPERTY
All website content, including logos, text, images, graphics, layout and branding, is owned by or licensed to O'Daddy Performance and may not be copied, reproduced, modified or distributed without permission.
Third-party trademarks, product names and logos remain the property of their respective owners.
SECTION 8 – THIRD-PARTY TOOLS AND LINKS
Our website may include third-party tools, applications, payment providers, shipping providers or external links.
We are not responsible for third-party websites, services, content, availability or practices. Your use of third-party services is subject to their own terms and policies.
SECTION 9 – SHOPIFY
Our store is hosted by Shopify.
Purchases made through this website are made directly between you and O'Daddy Performance. Shopify is not the seller of our products and is not responsible for fulfilment, product quality, returns, refunds or customer service.
SECTION 10 – PRIVACY
Personal information collected through our website is handled in accordance with our Privacy Policy.
Shopify and other service providers may process information on our behalf in order to operate the website, process payments, prevent fraud, fulfil orders and provide customer support.
SECTION 11 – REVIEWS AND FEEDBACK
If you submit a review, image, comment or other feedback, you confirm that you have the right to submit it and that it is accurate and lawful.
You grant us permission to use, display, reproduce and publish that feedback for business and marketing purposes.
SECTION 12 – ERRORS AND OMISSIONS
We may correct errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, delivery estimates or availability at any time.
Where an error affects an order, we may contact you, correct the order or cancel and refund it.
SECTION 13 – PROHIBITED USE
You must not use this website:
- for unlawful or fraudulent purposes;
- to infringe intellectual property rights;
- to transmit malicious software;
- to collect personal information without permission;
- to interfere with website security;
- to submit false or misleading information; or
- to engage in abusive, threatening or harmful conduct.
SECTION 14 – DISCLAIMER
To the extent permitted by law, this website and its content are provided on an “as available” basis.
We do not guarantee that the website will always be uninterrupted, error-free or available.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee or right that cannot legally be excluded under the Australian Consumer Law.
SECTION 15 – LIMITATION OF LIABILITY
To the extent permitted by law, O'Daddy Performance is not liable for indirect, incidental, special or consequential loss arising from use of the website or products purchased through it.
This limitation does not apply where liability cannot legally be excluded or limited.
SECTION 16 – INDEMNITY
You agree to indemnify O'Daddy Performance against losses, claims or expenses arising from your unlawful use of the website, breach of these Terms or infringement of another person's rights.
SECTION 17 – SEVERABILITY
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
SECTION 18 – GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia.
You submit to the courts of New South Wales and any courts with jurisdiction to hear appeals from them.
SECTION 19 – CHANGES TO THESE TERMS
We may update these Terms from time to time by publishing the revised version on our website.
The updated Terms apply from the date they are published.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms should be sent to:
O'Daddy Performance
Email: support@odaddyperformance.com
Address: 6 Nolan Way, Harrington Park NSW 2567, Australia
ABN: 44 275 260 799