Terms & Conditions

Current as at 27 October 2011 

Welcome to the NRMA Online Shop ("Online Shop") which is operated by National Roads and Motorists' Association Limited ABN 77 000 010 506 ("NRMA", "us" or "we").

Please read this document carefully before accessing or using the Online Shop as this document contains the terms and conditions that govern your use of the Online Shop and forms the agreement between you and NRMA ("Agreement"). This Agreement also describe your rights and responsibilities and what you can expect from NRMA in connection with the Online Shop. By registering to shop, engaging in transactions through the Online Shop or otherwise accessing the Online Shop, you agree to abide and be bound by this Agreement. If you do not agree with any provision of this Agreement, you are not permitted to access or use the Online Shop.

NRMA reserves the right to add to, delete or change this Agreement from time to time and without notice. By continuing to access or use the Online Shop from the date of the change, you agree to be bound the Agreement as amended. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.

Registration

To use some of the services or features made available to you through the Online Store you will need to register for an Account. When you register for an Account you are required to provide information about yourself that is true, accurate, current, and complete in all respects. If any of your registration information changes, please update your details immediately by accessing your Account.

The Account login information (including your username and password) must be kept secure, and you must notify NRMA immediately if you suspect or become aware of any breach of security or unauthorized use of your Account.

Placing orders through the Online Shop

You must be at least 18 years old to place any orders through the Online Shop. By using the Online Shop you warrant that:

• you are at least 18 years old;
• you possess the legal authority to create a binding legal obligation;
• you possess the legal authority to create a binding legal obligation;
• you possess the legal authority to create a binding legal obligation;

Please refer to our Privacy Policy for information about how we use your personal information.

When placing an order for any goods through the Online Shop, you make an offer to us to purchase the goods that you have selected based on this Agreement. Information contained on the Online Shop constitutes an invitation to treat and is not an offer by us to sell any goods.

All orders are subject to acceptance and availability. NRMA reserves the right to accept or refuse service for any reason, terminate your Accounts, remove or edit content, or cancel orders in its sole discretion. We may cancel all or any part of any order (including an order that has been accepted) without any liability to you if:

• any or all of the goods the subject of an order are not available; or 
• there is an error in the price or product description displayed on the Online Shop in relation to the relevant goods.

Once you have made your choice and placed your order, you will receive an email acknowledging the details of your order. 

Each time you place an order through the Online Shop, that transaction results in a separate binding agreement between you and us for the supply of the goods ordered. 

Payment

Payment for goods ordered through the Online Shop (including associated delivery charges) can be made by Visa or MasterCard. Payment will be debited and cleared from your credit account at the time of placing your order.You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to NRMA, we will not be liable for any delay or non-delivery.

Sale of goods and delivery

On your request, we will organise for the delivery of your order to your designated delivery address within Australia. We do not currently deliver to addresses outside of Australia. Our delivery contractors are E-Parcel, Australia Post, various couriers and/or the supplier of the relevant goods.

Delivery charges are calculated by individual product weight and delivery destination.

Some products available for sale through the Online Shop may not be located at NRMA's warehouse and may be warehoused by the suppliers or manufacturers of those particular products which may result in partial deliveries.

Delivery of your order may vary from between 5 - 10 business days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. If your completed order has not been fulfilled, please go to the Online Shop to track your order.

We require a signature for any goods delivered, at which point the risk for your purchase goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by NRMA, and transfer of risk in the same way.

Title to the goods will only pass to you on the later of:

• the date you make payment in full for the goods; and 
• the date on which completion of delivery occurs and risk transfers.

If a delivery cannot be completed, the delivery contractor will leave notification for alternative arrangements to be made.

Exchange and Returns

Certain goods purchased from the Online Shop come with a manufacturer's warranty, as indicated in the documentation provided with the relevant goods. You should make any claim under a manufacturer's warranty directly to the relevant manufacturer.

Without limiting any manufacturer's warranty, you may request a refund or exchange in relation to goods ordered through the Online Shop if the goods:

• are not the goods ordered through the Online Shop (i.e. there has been an error); 
• do not comply with the description of the goods on the Online Shop;  
• are damaged or faulty (in whole or in part); 
• are incomplete; or 
• are not of merchantable quality or fit for the purpose for which they are intended.

If you wish to obtain a refund or exchange in relation to goods ordered (which is not requested pursuant to a manufacturer's warranty) you must, within 30 days of the date of delivery, contact the NRMA Customer Care Centre on 1300 782 312 and provide details of the goods to be returned, the reason for return, and any other information requested by the NRMA Customer Care Centre representative.

For any such exchanges or returns, the NRMA Customer Care Centre representative will inform you of the further procedures that apply and, depending on the problem, our Customer Care Centre will determine how best to resolve your problem with the minimum inconvenience to you.

If the NRMA Customer Care Centre representative determines that the goods are to be returned to us, the following will apply:

• returns must be sent to the address notified by the NRMA Customer Care Centre in the original packing; 
• appropriate packaging must be used to ensure that no in-transit damage occurs; 
• all products must be returned in the condition that they were sent to you; 
• all returns will be inspected for authenticity prior to processing for refund; 
• you may be contacted to clarify any issues relating to the returned goods.

Important: The original packing slip of the Carrier must be sent to us with the return package.

Should you have a change of mind and would like to either exchange the item (subject to our returns and warranty policy), the return shipping will be at your cost. We recommend registering and taking out transit insurance.

Items exchanged or refunded will be exchanged or refunded at the retail prices/values that were effective on the date of the original transaction.

NRMA does not take title to or risk in returned items until the item arrives at the nominated address and is accepted by or on behalf of NRMA.

Colours

We have made every reasonable effort to display as accurately as possible the colours of the goods shown on the Online Shop. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. 

Correction of errors and inaccuracies; Limitations on quantity

Whilst NRMA makes every reasonable effort to present accurate information on the Online Shop, NRMA relies on the information provided by its suppliers and as a result the information may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Online Shop is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in NRMA's discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologise for any inconvenience this may cause you.

Prices and availability of goods are subject to change at any time without notice. Discounted prices are only for Members of NRMA's Australian Partner Motoring Associations. The NRMA reserves the right to correct pricing errors at any time. In the event we discover a pricing error, we will attempt to notify you as soon as possible about the error and, if you decide against the purchase, we will process a refund for the item or items in question.

Prohibited activities

The content and information on the Online Shop, as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers. As a condition of using the Online Shop, you agree not to use the Online Shop, its contents or information for any commercial or non-personal purpose (direct or indirect). For the avoidance of doubt, you are not permitted to purchase any goods for resale to a third party or for trade purposes.

You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, products, or services obtained from this website. In addition, you must not:

• use another person's Account, name, ID or password without their express permission; 
• use any device, software or routine to interfere or attempt to interfere with the proper working of this website; or 
• take any action that imposes, or may impose, in the discretion of NRMA an unreasonable or disproportionately large load on our infrastructure.

Intellectual property rights

Your use of the Online Shop and the contents of this website does not grant to you any rights in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the content. This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright. The NRMA trade mark and logo are trademarks of NRMA. All other trademarks are the property of their respective owners, who are not associated with NRMA. Permission to use documents delivered from the website and/or server and related graphics is restricted. The name of NRMA or any of the above trademarks or logos may not be used without NRMA's specific, written prior permission. Any reproduction or redistribution of the above content is prohibited and may result in civil and criminal penalties.

Submissions

We welcome your comments regarding the Online Shop. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to NRMA shall be and remain the exclusive property of NRMA. Your submission of any such Comments shall constitute an assignment to NRMA of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. NRMA will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Communication from NRMA Online Shop

We reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Our communications will contain a clear link to Unsubscribe. Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date. 

Indemnification

You agree to indemnify and hold NRMA and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Online Shop, any breach by you of this Agreement and/or any goods purchased by you from NRMA. 

Limitation of liability

Subject to this clause, we exclude all implied terms and warranties whether statutory or otherwise, relating to the website (including the Online Shop) or the subject matter of this agreement. You acknowledge that the website is provided "as is" and that we do not make any warranty or representation as to the suitability of the website or any of the goods for any purpose.

To the maximum extent permitted by applicable laws, in no event shall NRMA or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits.

To the maximum extent permitted by applicable laws, NRMA's liability is limited to one of the following (at our option):

• in the case of services: the resupply of the services; or the payment of the cost of resupply; and 
• in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.

To the extent permitted by applicable laws, NRMA does not accept any liability for:

• any damage or injury of any nature caused by the use or misuse of products purchased from Online Shop; 
• errors, mistakes or inaccuracies on the Online Shop; 
• you acting, or failing to act, on any information contained on or referred to on the Online Shop and/or any linked web site; 
• any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers; 
• any interruption or cessation of transmission to or from the Online Shop web site; and/or 
• any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Online Shop website by any third party.

Miscellaneous

This Agreement is legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales. Each party submits to the exclusive jurisdiction of the Courts of New South Wales.

This Agreement will not be assignable or transferable by you without the prior written consent of NRMA.

This Agreement (including all of the policies and other agreements described in this Agreement, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by NRMA in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in all prices.

In addition to these Terms & Conditions for the purchase of goods, NRMA's General Conditions govern the purchase of goods and the use of NRMA's website.