Please read the following terms and conditions carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that apply to your purchases.

This Terms and Conditions of Use and Purchase of Products Agreement (the “Agreement”) describes the terms and conditions applicable to your use of Onyx Tyres web site which is identified by the uniform resource locator onyxtyres.com.au (the “Site”) and the terms and conditions of the purchase of products from Onyx Tyres. This Agreement is entered into between you as the user of the Site or the purchaser of the products (the “Customer”) and Onyx Tyres. (“Onyx Tyres”, and, collectively with Onyx Tyres, “we” or “us”).

1. Application of and Acceptance of Terms and Conditions

For purposes of this Agreement, a “Customer” is any person who accesses the Site for whatever purpose, regardless whether such Customer has been registered with Onyx Tyres. A Customer includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a Customer. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.

Onyx Tyres reserves the right to make changes to this web site and these terms and conditions at any time without any prior notice.

2. Conditions of Use

Customer may use this Site solely for their own personal or internal purposes. Each Customer agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the “Company Content”) for the purpose of re-selling or re-distributing the Company Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), to assist with operating a business that competes with Onyx Tyres, or otherwise commercially exploiting the Company Content.

Some of the Company Content displayed on this Site is provided by third parties (“Third Party Content”). Any Third-Party Content is the sole responsibility of the party who provided the content. Onyx Tyres is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third-Party Content, and shall not be liable to any Customer in connection with such Customer’s reliance of such Third-Party Content. In addition, Onyx Tyres is not responsible for the conduct of any Customer’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such Customer’s conduct.

Onyx Tyres may allow Customers access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party’s web site. Customer acknowledges that Onyx Tyres has no control over such third party’s web site and Onyx Tyres shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.

Onyx Tyres reserves the right to change any of the prices, range , features or introduce new features to the Site without prior notice. Each Customer acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each Customer hereby agrees that in no event shall Onyx Tyres be liable to the Customer or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

No Customer or unauthorized individual shall undertake any scheme to undermine the integrity of the computer systems or networks used by Onyx Tyres and/or any other Customer and no Customer shall attempt to gain unauthorized access to such computer systems or networks.

We urge that you read Onyx Tyres’s Privacy Policy which governs the protection and use of each Customer’s information in Onyx Tyres’s possession. Each Customer hereby accepts the Privacy Policy and any updates and amendments thereto. Each Customer acknowledges that Onyx Tyres may change the Privacy Policy from time to time provided that Onyx Tyres shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.

3. Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Onyx Tyres’s suppliers, Onyx Tyres reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Onyx Tyres reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and paid. If the payment has already been made for the purchase and the order is cancelled, Onyx Tyres shall issue a full refund.

4. Registered Customers

Each Customer who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, etc.) is a registered Customer of Onyx Tyres (a “Registered Customer “). Onyx Tyres will establish an account (“Account”) for each Registered Customer and each Registered Customer is assigned a user alias (“User ID”) and password (“Password”) for log-in access to its own Account.

Onyx Tyres may suspend or terminate a Registered Customer’s Account at any time by giving no less than 24-hour notice to the Registered Customer; provided, however, that notice is not required for such termination if, in Onyx Tyres’s determination, there is any breach of the provisions of this Agreement by the Registered.

Customer

Notwithstanding Section 3.1 above, Onyx Tyres may refuse registration and deny the issuance of an Account and associated User ID and Password to any Customer for whatever reason.

5. Order Acceptance

All orders should be placed on-line through the Site and to the nominated store where possible. This helps minimise errors and speeds up the order process. Other forms of ordering (via email or phone orders direct to store) are handled separately but under these conditions may also accepted.

All orders placed are subject to confirmation and acceptance by Onyx Tyres; Onyx Tyres reserves the right, without prior notification, to accept or decline Customer’s order or limit the order quantity for any reason. ALL ORDERS MUST BE PAID IN FULL BEFORE DESPATCH.

Onyx Tyres may vary prices for received orders in the event of price changes or mistakes made by suppliers. In the case of price increase, Customer may cancel the order by giving notice to Onyx Tyres, which must be received within seven days of the price increase notification.

Onyx Tyres owns the title of any goods shipped with Customer’s order that have been despatched in error. If item(s) received is not what was ordered please do not open the sealed package in which it was sent and contact Onyx Tyres immediately. Any attempt to use the incorrect item will be deemed to be an acceptance by the Customer of the item(s) and the Customer will be liable to pay a full price for the item(s).

All goods remain property of Onyx Tyres until payment has been processed in full. Until the title passes, Onyx Tyres can retain, repossess and/or resell all goods.

6. Returns / Refunds / Cancellations

Customer must contact Onyx Tyres (Originating store) first prior to returning any products for refunds or warranty to get an AUTHORITY TO RETURN.

It is the Customer’s responsibility to assure that hardware or software products are compatible with their equipment. No refund/replacement will be available for incompatibility problem. Please select your goods carefully before placing an order or ask for advice in writing before purchasing.

Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching will result in the Customer having to pay a 30% restocking fee, the shipping and handling charges on the package and the cost of shipping the package back. Cancellations may be communicated by telephone or email.

Returned goods must be in its original condition and include all the original packaging.

Credit card payments shall be refunded to the same credit card account. Money Orders shall be refunded by Onyx Tyres’s check. Check refunds shall be mailed only to the original billing address.

There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order.

If your goods are damaged or faulty at the time you receive them, you should contact Onyx Tyres within 7 days and we will arrange the return authorisation and pickup of the goods. Instructions for labelling and pickup of the goods will be communicated with you at this time. If a product returned as faulty or damaged is found not to be so, it will be returned to you and you will be charged the delivery cost of picking up and returning the goods.

All warranties are voided if returned product is found in any way to be mishandled, modified, tampered, abused, physically damaged or used under wrong voltage etc.

7. Payment

All prices quoted on Site are in Australian dollars and are GST inclusive. Freight will be quoted at time of receiving an order confirmation.

All payments for orders placed on shop.tyresys.com.au are managed by Onyx Tyres.

Accepted payments are:

  • Direct Bank Deposit / Internet Transfer (See Bank Details on Ordering Policy document)
  • COD
  • Cheque
  • Credit Card/Debit Card/Efptos
  • Cash

7.1 Credit Card Payment Authorization

    Authorization: By providing your credit card details to Onyx Tyres, you are authorizing us to charge your card for the purchase of tyres. This charge will only occur after the tyres have been delivered to your specified delivery address.

    Sufficient Funds: It is your responsibility to ensure that there are sufficient funds or credit available in your account to cover the cost of the tyres. In the event that a charge is declined due to insufficient funds, Onyx Tyres reserves the right to take necessary steps to secure payment, which may include additional charges for late payment, interest, or other fees as applicable and allowed by law.

    Pre-Authorization: To verify the validity of the credit card and ensure sufficient funds, Onyx Tyres may pre-authorize a nominal amount before the actual charge. This pre-authorization is not a charge but a temporary hold which will be released according to your bank’s policies.

    Notification of Charge: You will be notified via email or another agreed-upon communication method once your credit card has been charged. This notification will include details of the charge, including the amount and the date of charge.

    Security and Privacy: Onyx Tyres is committed to protecting the privacy and security of your credit card information. We will take reasonable steps to ensure that your information is kept secure and used only for the purposes of processing your tyre purchase. Your credit card information will be processed in accordance with applicable privacy laws and our Privacy Policy.

    Dispute Resolution: In case of any dispute regarding the credit card charge, please contact Onyx Tyres within 14 days of the charge to resolve the issue. We are committed to resolving disputes amicably and efficiently.

    Returns and Refunds: In the event that you return the tyres according to our Return Policy, the amount charged will be refunded to the same credit card used for the purchase. Please refer to our Return Policy for details on returns and refunds.

    Amendments: Onyx Tyres reserves the right to amend these payment terms and conditions at any time. Any changes will be communicated to you in advance and will apply to future transactions.

    Acceptance of Terms: By providing your credit card details, you acknowledge that you have read, understood, and accepted these payment terms and conditions.

All prices are subject to change without notice. By placing the order, the Customer has agreed to pay the prices as listed on the order confirmation at the time the order was originally confirmed. Where the payment is made by the credit card, such payment is subject to the approval of the financial institution issuing the credit card and Onyx Tyres shall not be liable in any way if such financial institution refuses to accept or honour the credit card for any reason.

Onyx Tyres may require additional verification or information before accepting any order.

8. Product Availability

Although availability may be indicated on the Site, Onyx Tyres cannot guarantee product availability; and products, nonetheless, may not be available for immediate delivery. Onyx Tyres reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order.

9. Shipping and Handling Policy

  • Availability or time line will be confirmed in the Order confirmation.
  • Goods will be dispatched after the funds are available within Onyx Tyres accounts.
  • Shipping and handling charges are not refunded for returns for any reason other than damaged shipment.
  • Goods returned are the responsibility of the customer to pay the return cost and all goods must be received in original unmarked condition or refund will be refused unless otherwise agreed.
  • On the registrations the Customers will need to enter their full address details. For each address entered the courier service level will be indicated.
  • Requests by the customer for a specific carrier may affect shipping costs.
  • It is Onyx Tyres policy to dispatch items ordered in the shortest possible time, but Onyx Tyres cannot be held responsible for any delays occurred whilst in transit. (See ordering policy for indicative times (indication only)
  • Onyx Tyres reserves the right to change the standard rate without prior notice.
  • Onyx Tyres reserves the right to ship by any carrier of its choice. We choose the courier service based on the most efficient manner of delivery as determined by us before shipment.
  • Onyx Tyres reserves the right to change shipping and handling charge for any particular order for whatever reason. In this case the customer will be notified, and have an option of accepting or cancelling the order.

10. Feedback

Onyx Tyres welcomes back to the originating source of your order, all comments, feedback, information, or materials, which can be submitted to Onyx Tyres through or in conjunction with this Site (“Feedback”). Any Feedback is considered to be non-confidential and become Onyx Tyres’s property. By submitting a Feedback to Onyx Tyres, Customer agrees to a no charge assignment to Onyx Tyres of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to its Feedback. Onyx Tyres shall be free to use Customer’s Feedback on an unrestricted basis.

11. Limitation of Liability

THE FEATURES AND SERVICES ON Onyx Tyres SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Onyx Tyres HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

Onyx Tyres MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.

Any material downloaded or otherwise obtained through the Site is done at each Customer’s sole discretion and risk and each Customer is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Customer from Onyx Tyres or through or from the Site shall create any warranty not expressly stated herein.

Under no circumstances shall Onyx Tyres be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Each Customer hereby agrees to indemnify and save Onyx Tyres, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Customer’s use of the Site (including but not limited to the display of such Customer’s information on the Site) or from its breach of any of the terms and conditions of this Agreement.

Onyx Tyres shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

the use or the inability to use the Site;

any defect in goods, samples, data, information or services purchased or obtained from a Customer or a third-party service provider through the Site;

unauthorized access by third parties to data or private information of any Customer;

12. Governing Law

Onyx Tyres and the Customer agree that the terms and conditions of use and the purchase of products shall be governed by the laws of the State of Victoria.”