These Terms & Conditions were last reviewed and updated on:
27 January 2024

These Terms and Conditions constitute a contract between the customer (You) and Bozmac.

Agreement

In these Terms and Conditions We, Our or Us means Bozmac Pty Ltd (Trading as Bozmac Towing Equipment); and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website and in person.

By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products and/or services.

The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products and/or services. The Agreement cannot be varied unless we agree to vary it verbally, by message, in writing or by email.

Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

A failure or delay by Us to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future ability to exercise that or any other power or right.

No Bozmac employee or agent has the grounds to vary any of the Terms and Conditions governing any of the various stages of a sale or purchase agreement. Where variations may be suitable for both parties, such variations may be assessed in a case by case manner subjet to approval by upper level management.

The Bozmac websites are an online information service and shopfront provided by Bozmac, subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the sites, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may choose to not access or use the sites.Bozmac may modify this agreement at any time and such modifications shall be effective immediately upon posting of the modified agreement on the sites. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of these sites shall be deemed your conclusive acceptance of the modified agreement.

Trademarks

Publications, products, content or services referenced herein or on the Sites are the exclusive trademarks or servicemarks of Bozmac. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

Copyright and Intellectual Property

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Bozmac, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Bozmac a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Bozmac by all means and in any media now known or hereafter developed. You also grant to Bozmac the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Bozmac for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Bozmac.

Legal Capacity

If you are under the age of eighteen (18) years you cannot place orders with Us. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.

Personal Information

The personal information we collect about you may include:

● Name (including Company or Trading Name)
● Mailing and/or Street Address
● A.B.N.
● Email Addresses
● Phone Numbers
● Order & Payment History
● Payment Information

You do not have to provide us with your personal information. Where possible, we will give you the option to interact with us anonymously or by using a pseudonym or guest account. However, if you choose to deal with us in this way or choose not to provide us with your personal information, we may not be able to provide you with all our services or otherwise interact with you comprehensively.

More detailed information can be found within our Privacy Policy.

Website Use

The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

You understand that, except for information, products or services clearly identified as being supplied by Bozmac, Bozmac does not operate, control or endorse any information, products or services on the Internet in any way. Except for Bozmac-identified information, products or services, all information, products and services offered through the Sites or on the Internet generally are offered by third parties, that are not affiliated with Bozmac.

You also understand that Bozmac cannot, and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

Pricing

Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed, the price of the Product cannot be varied except:

● by agreement between You and Us in writing or by email;
● due to unforseen circumstances, the advertised pricing is erroneous.

All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.

Product Specifications

Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract.

All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.

Orders

You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).

Orders will be deemed to have been received by Us at the time We send an Order confirmation to Your nominated e-mail address.

We are a partially online business and will primarily communicate with Customers via e-mail, particularly for parts and accessories. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

We reserve the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

We do not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

We shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Us (or our affiliates), and We shall be entitled to a reasonable extension of time for the performance of such obligations.

Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

We reserve the right to cancel orders that have not been collected after 5 days may be cancelled. In the event an order is cancelled, We will refund any applicable refund back to the original payment method.

Payment

You may provide your nominated credit card or other approved form of payment through our payment gateway during the purchase process described on the Website.

All orders for parts and accessories require payment before shipping unless a 30 day account has been facilitated and is in good standing. For phone and email orders, credit card details can be supplied over the phone or a pro-forma invoice can be emailed to make a payment via direct deposit.

Payment for Orders will be processed immediately upon confirmation of Your Order.

If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

Despite Our best efforts, on occasion it may be possible that a small number of the Products in our range may be incorrectly priced on the Website. If We have made a mistake and a product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

A 1.75% Surcharge may apply on payments made via Credit Card (includes MasterCard Credit/Debit or VISA Credit/Debit), ZipPay, Paypal, Google and Apple wallets, NFC or other forms of contactless payments. A 5.25% Surcharge may apply on payments made via international Credit Cards.

We may require a scan of your identification before fulfilling an order when collecting an item in-store to prevent fraudulent chargebacks.

Where You request out of stock accessories or production of obsolete or unique parts from Us, deposits may be required and are non-refundable.

Delivery and ownership of the goods

No goods shall be dispatched until payment in full is cleared unless a 30 day account has been facilitated and is in good standing.

Ownership of goods does not transfer from Bozmac until full payment of goods is cleared as available funds (including 30 day accounts).

We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.

Where applicable, the date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Us.

We reserve the right and our absolute discretion to not deliver Products to PO Box addresses.

Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.

The couriers or postal services nominated by Us will deliver Products during local business hours (9am to 5pm, Monday to Friday).

We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Us (as notified to the Customer) in relation to date and time of delivery. We shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

We reserve the right to not ship to remote or rural locations. In this event, You may be contacted to arrange alternative shipping arangements albeit with an appropriate surcharge.

You may wish to have products shipped using your own transport method. In this case, the order should be nominated as pick up and arranged in a timely manner after receiving the order confirmation.

More detailed information can be found within our Payments & Shipping Policy.

Changes to Orders

Any requests for changes to the order are subject to our discretion. While we will endeavour to accommodate reasonable requests, we cannot guarantee all changes will be feasible. Exceptions are made if component incompatibility is identified.

Any agreed-upon changes may incur additional costs for products and freight and could impact the delivery timeline of your order.

Cancellation and Restocking

Once a manufacturing order has commenced in production, after our internal approval and administration process, the order is deemed final and cannot be cancelled. In exceptional circumstances, where a cancellation is permitted at our discretion, a restocking fee of 20% of the total order value may be applied.

The decision to refund, and the amount thereof, is at our sole discretion. The refund issued may be less the amount already paid. This fee compensates for the time and resources expended in the cost of I.T. and administration infrastructure and initial processing and/or picking of an order.

Warranty, Returns and Refunds

Refunds or exchanges due to change of mind are not valid as per ACCC consumer law. All returns require appropriate approval and will be dealt with on a case by case basis regarding return freight and refunds. If an item is found to be supplied incorrectly or not fit for purpose, we will arrange to repair, replace or refund such Products in accordance with our Warranty & Returns Procedures and Your rights under the Australian Consumer Law.

More detailed information can be found within our Refunds & Returns Policy.