Terms and Conditions

INTRODUCTION
This site ("Site") is owned and operated by Euro Automotive Group Pty Ltd T/as Lamborghini Store("Lamborghini Store").
Lamborghini Store will provide information on products and services ("Materials") on the Site.
By choosing to use this Site or download Materials, you agree to these terms and conditions of use ("Terms and Conditions of Use").
If you do not accept the Terms and Conditions of Use, you must not use the Site or download Materials.
In addition to these General Website Terms and Conditions of Use, other Lamborghini Store websites may have an additional set of terms and conditions specific to your use of that site.

TRADEMARKS AND OWNERSHIP OF MATERIALS
All Materials, including text, images, audio and video, are copyright to Lamborghini Store and must not be distributed, modified, reproduced or used, in whole or in part, without Lamborghini Store’s prior written consent.

You acknowledge that " Lamborghini Store’", the Lamborghini Store logos, and "Lamborghini Store STYLUS" are registered trademarks of Automobili Lamborghini.

YOUR USE OF THE SITE
You may download Materials on a single computer for your personal and non-commercial use, provided you comply with all copyright and other proprietary notices.

You agree that:

  • You will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Use;
  • You will not copy, sell or otherwise exploit for any commercial purpose any part of the Site or Materials without our prior written consent, which we may refuse in our complete discretion
  • You will not use this Site to collect or store personal information about other users of the Site
  • You will not try to gain unauthorised access to any part of the Site or to upload to the Site any virus, data or information that may corrupt or affect adversely the operation of the Site.

At your own cost, you must take precautions to protect your computer system from viruses or anything else, including but without limitation worms or Trojan horses that may interfere with or damage its operations.

Lamborghini Store does not warrant that your access to the Site will be uninterrupted or error free.

Lamborghini Store reserves the right to refuse service, terminate accounts, and/or cancel your orders or passwords at our complete discretion, in particular, but without limitation, if we believe that you may be violating any applicable law or otherwise acting detrimentally to our interests.

THIRD PARTY COMPANIES, PRODUCTS AND WEBSITES
Any third party products, companies and web sites are mentioned on this Site for information purposes only and should not be taken as being endorsed or recommended by Epson.

Lamborghini Store makes no representations or warranties regarding the quality, safety or suitability for any purpose of any products of third party companies ("Non Lamborghini Store Products"). You must order ("Non Lamborghini Store Products") directly from the relevant vendor and all associated contracts, licences and warranties will be made between you and the relevant vendor and will not involve Lamborghini Store in any way.

Lamborghini Store does not assert any proprietary rights to any Non Lamborghini Store Products, services or brand names mentioned on this Site

If you use a link from this Site to a non-Lamborghini Store site ("Third Party Site"), you acknowledge that Lamborghini Store has no control over the content of a Third Party Site and that Lamborghini Store has no responsibility for any transaction arising from your link to a Third Party Site.

LIMITATION OF LIABILITY ARISING FROM SITE USE
Lamborghini Store takes reasonable steps to ensure that Materials on the Site are accurate and complete.

However, as information for the Site may be compiled from a variety of sources, Lamborghini Store provides the Materials without any warranties.

To the maximum extent allowed by the applicable law, Lamborghini Store excludes all warranties (express or implied) relating to the Materials, including but without limitation, all warranties of merchantable quality and fitness for purpose relating to any products described in the Materials.

Lamborghini Store will use its best efforts to ensure that the Site is functional and current, but does not warrant that the servers on which the Site operates are free of viruses and other harmful components or that your use of the Site will be uninterrupted or error-free.

In particular, but without limitation, Lamborghini Store will not be liable for

  • Any damage to your computer equipment or corruption or loss of data if your access the Site or download Materials from the Site; or
  • Any consequential damage that may result from your use of, or any inability to use, the Materials.

FEEDBACK AND INFORMATION
Any feedback you provide to Lamborghini Store on this Site shall be non-confidential and Lamborghini Store shall be free to use such information for any purpose.

UPDATE OF TERMS AND CONDITIONS
Lamborghini Store may revise these Terms and Conditions of Use by updating this page on the Site. You should periodically visit this page to review the current Terms and Conditions of Use, so you are aware of any revisions that will affect you.

GOVERNING LAW
The laws of Victoria Australia govern these Terms and Conditions of Use.

PRIVACY
You acknowledge that you have read the Lamborghini Store  Privacy Statement, the terms of which are incorporated herein, and agree with the terms of the statement. You consent to the use of your personal information by us in accordance with the terms and for the purposes set forth in the abovementioned privacy statement.

GENERAL PROVISIONS
These terms and conditions of use are to be read in conjunction with the, Security Policy, Privacy Statement and if you purchase any goods, the Terms and Conditions of Sale. These documents constitute the entire agreement between you and Lamborghini Store.

HOW TO CONTACT US
If you have any questions about these Terms and Conditions of Use, the practices of this Site, or your dealings with this Site, please contact info@lamborghinistore.com.au.

GENERAL SALES, TERMS & CONDITIONS

1. Definitions

The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form.

  • The name "Lamborghini Store" refers to Euro Automotive Group Pty Ltd Trading as Lamborghini Store ABN 35 094 603 068.
  • Customer means any person or company purchasing one or more Products in the On-Line Shop, accepting the General Conditions.
  • General Conditions mean these general conditions and any possible new future version which may be published on the On-Line Shop by Lamborghini Store .
  • Order Confirmation means the e-mail message by means of which Lamborghini Store informs the Customers of the acceptance of the Orders.
  • Sale and Purchase Agreements mean the sale and purchase agreements of the Products entered into between Lamborghini Store and the Customers.
  • On-Line Shop means a virtual shop, managed by Lamborghini Store and accessible at URL http://www.lamborghini.com.au where Products are available for sale.
  • Orders mean the purchasing orders of the Products placed by the Customers pursuant to the General Conditions and in accordance with the procedure set out under clause 6.
  • Parties means Lamborghini Store and the Customers, when jointly referred.
  • Price means the sale price of the Products as specified in the On-Line Shop with reference to each Product.
  • Products mean the products published in the On-Line Shop for sale.
  • Lamborghini Store means Lamborghini Store with registered offices in South Yarra Vic acting as dealer of Lamborghini Artimarca S.p.A. for the retail sale of the Products in the On-Line Shop.
  • Account means the space in the On-Line Shop where Customers are allowed, following authentication to: (i) monitor and update personal data and addresses where the ordered Products are to be shipped and delivered; (ii) view previous Orders; (iii) have access to any other specific function/setting concerning their activity in the On-Line Shop.

2. Subject matter

2.1 The General Conditions apply to all the Sale and Purchase Agreements and form an essential part of the latter.

2.2 Lamborghini Store has the right to modify the General Conditions at any time, being understood that the version of the General Conditions to be applied to the Sale and Purchase Agreements shall be the one published in the On-Line Shop at the time the Orders are placed by the Customers.

2.3 In case of conflict between the General Conditions and other possible terms and conditions applicable to the Sale and Purchase Agreements published in the On-Line Shop, the terms and conditions more favourable to the Customers shall apply.

3. Execution of Sale and Purchase Agreement

3.1 Lamborghini Store undertakes to send the Order Confirmation to the Customers within 2 working days from receipt of the Orders from the Customers.

3.2 Sale and Purchase Agreements are deemed entered into between the Parties at the time the Customers receive the Order Confirmation. Should Customers not receive the Order Confirmation within the term under clause 3.1, the relevant Order shall be deemed as rejected by Lamborghini Store and thus have no effect.

3.3 By placing the Orders, Customers declare to have read all the instructions which refer to the methods of payment of Products pursuant to clause 6. and declare to have fully accepted the General Conditions and to have read all additional information available in the On-Line Shop, including information accessible through links.

3.4 The Orders will be recorded in the On-Line Shop's database in accordance with the provisions set out by Legislative Decree n. 196 of 30 June 2003 (Italian Privacy Law) and shall be accessible by the Customers by contacting Lamborghini Store at the contact details specified under clause 16 or by accessing the Account.

4. Availability of the Products

4.1 Save for the provisions under clause 4.6, Lamborghini Store, with reference to each Product published in the On-Line Shop, specifies whether:

(i) the Product is available at its warehouse;
(ii) the Product is not available at its warehouse;

(iii) the Product is available on demand;

(iv) the Product is customizable.

4.2 The range and availability of the Products published in the On-Line Shop may vary from time to time, being understood that this shall not cause Lamborghini Store to be deemed liable vis-à-vis the Customers.

4.3 The availability of the Products indicated in the On-Line Shop is by no means binding. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, Lamborghini Store, save for the provision set forth under clause 3.2, undertakes to inform such Customer, by email, on when the ordered Product/Products is/are expected to be available again. The Customer is entitled to withdraw the Order within 24 hours from receipt of the above communication sent by Lamborghini Store(notwithstanding the provision governing the right for withdraw under clause 9).

4.4 Should a Product bear the indication available "on demand", this means that such Product is currently not available at Lamborghini Store 's warehouses and that Lamborghini Store will be able to order it at the central warehouses of the Automobili Lamborghini.

4.5 Should a Product bear the indication "customizable", this means that such Product may be modified/adapted/customized following Customers' specific requests. In this case, the Customers must specify their requests in the relevant space at the time of placement of the Order and Lamborghini Store after having sent the Order Confirmation, undertakes to:

(i) communicate to the Customers, by email, the terms for the shipment of the customized Product; such term must be considered as a mere indication and is by no mean binding for Lamborghini Store;
(ii) inform the Customers, by email, of when the customized Product shall be available at its warehouses.

4.6 Lamborghini Store has the right not to indicate the availability of the Products (or part of the Products) in the On-Line Shop.

5. Price and shipping costs

5.1 The Price is in $ (AUD). The applicable Price is the one published in the On-Line Shop at the time the Orders are placed by the Customers.

5.2 The Price is inclusive of GST (10%) if the Products are shipped by Lamborghini Store and delivered inside Australia. The Price is not inclusive of all overseas taxes if the Products are shipped by Lamborghini Store outside Australia and may be subject to further charges.

5.3 The Price includes shipping costs within Australia. Lamborghini Store may request that the Customers bear part of the shipping costs for overseas deliveries, being understood that such amount will depend on the kind of delivery, the quantity of shipped Products, the volume, the weight and the destination of the Products.

5.4 The part of the shipping costs to be borne by the Customers following Lamborghini Store’s request indicated under clause 5.3, if any, is indicated, separately from the Price, before the Order is placed by the Customers and shall be paid by the Customers jointly with the payment of the Price according to clause 7.

5.5 Any possible tax, levy, expense or other duty provided for by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the Customers.

6. Placement of the Orders

6.1 In order for the Customers to place their Orders, registration at the On-Line Shop is required; such registration may be obtained by entering the information and data indicated as "mandatory" and by selecting a password to be used when placing the Orders and when accessing the Account any time later.

6.2 The Customers may purchase the Products by selecting them in the relevant section of the On-Line Shop dedicated to the Product category searched and putting them in the "cart". When the Products the Customers wish to purchase are more than one, the above procedure shall be repeated, by clicking on "add to your cart". Once the selection of Products is complete, the Customers will be bound to proceed with registration pursuant to clause 6.1, if not yet registered. For registered Customers, instead, authentication will be required by typing password and login in the relevant fields and clicking "proceed to check out". Once the data relating to the selected Product/s and the "shipping/ delivery information" is verified, the Customers must choose among the available methods of payment provided for by clause 7. Once a method of payment is selected, the Customers may proceed to place the Orders by clicking "send".

7. Methods of payment

7.1 The Customers may pay the Price (and the part of the shipping costs requested by Lamborghini Store indicated under clauses 5.3 and 5.4) by means of credit card or other methods of payment indicated by Lamborghini Store the On-Line Shop. Lamborghini Store has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated by Lamborghini Store in the On-Line Shop at the time the Orders are placed by the Customers.

7.2 If the payment is made by credit card, Customers will be charged with the Price (and with the part of the shipping costs requested by Lamborghini Store as indicated under clauses 5.3 and 5.4), once the credit card data is verified and the authorization from the company issuing the credit card is received, upon the Confirmation Order being sent by Lamborghini Store . Credit card data entered during the ordering procedure is protected and is transmitted directly to the bank in charge of the payments. The payment is made on a safe server directly, with an SSL deciphering key so as to guarantee total safety in the transaction. The credit card data is not accessible by Lamborghini Store third parties, neither at the time of placement of the Orders nor later.

7.3 The payment by bank wire shall be made by the Customers using the bank details provided in the On-Line Shop, specifying in the reason for payment the order number (including the initial letters), which Lamborghini Store communicated at the time the Order was placed by the Customers and in the Order Confirmation.

7.4 If payment of the Price is made by PayPal, at the time the Orders are placed by the Customers, the web session shall be redirected on PayPal's safe Web site. On such Web site, the Customers will be able to complete the payment of the Price (and the part of the shipping costs requested by Lamborghini Store as indicated under clauses 5.3 and 5.4) using their own PayPal account and in accordance with PayPal conditions for utilization of service, which Customers will have accepted either at the time or previously. The Price (and the part of the shipping costs requested by Lamborghini Store as indicated under clauses 5.3 and 5.4) shall be charged on Customers' PayPal account upon the Confirmation Order being sent by Lamborghini Store.

7.5 If requested by the Customers upon placing the Orders, Lamborghini Store shall send regular invoices by e-mail or mail on the basis of the information provided by the Customers. No amendment of the invoices shall be possible after the invoices have been issued by Lamborghini Store .

7.6 Information received from Lamborghini Store pursuant to clause 7. shall be solely utilized by Lamborghini Store for the sake of completing all relevant sale procedures and for reimbursement procedures should Customers exercise the right of withdrawal provided for by clause 9.

8. Shipping and delivery of the Products

8.1 Being understood that "shipping" of Products means the delivery of the latter to the couriers selected by Lamborghini Store pursuant to clause 8.2, Lamborghini Store undertakes to ship the Products:

(i) when the Products are available (as defined under clause 4):
- within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card;
- within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods different from credit card;
(ii) should one or more Products become unavailable as in the case under clause 4.3, save for the right of Customer to withdraw the Order pursuant to clause 4.3, within 3 days from the time such Product or Products are once again available at Lamborghini Store 's warehouses;
(iii) in case of "on demand" Products (as defined under clause 4.4) within 3 working days from the time such Products are available at Lamborghini Store 's warehouses.
(iv) in case of "customized" Products, within 3 working days from the communication indicated in clause 4.5 (ii);
(v) in case the availability of one or more Products is not indicated (as in the option under clause 4.6) and the Products are available at Lamborghini Store 's warehouses at the time of placement of the Order by the Customers:
- within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card;
- within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods different from credit card;
(vi) in case the availability of one or more Products is not indicated (as in the option under clause 4.6) and the Products are not available at Lamborghini Store 's warehouses at the time of placement of the Orders by the Customers, within 3 working days from the time the Products are available at Lamborghini Store 's warehouses.

8.2 Lamborghini Store guarantees the shipment of the Products worldwide by means of Australia Post and express couriers selected on a case by case basis depending on the Product ordered and on the destination. The Products are shipped by Lamborghini Store , and delivered by the courier selected by Lamborghini Store , at the address indicated by the Customers at the time of registration as under clause 6.1 or at a different address specified at the time the Order is placed.

8.3 Lamborghini Store undertakes to use its best effort to ensure that the Products shipped pursuant to clauses 8.1 and 8.2 shall be delivered by the selected couriers:
- in Australia within 2-5 days from the date of shipment;
- outside Australia within 10-14 days from the date of shipment.

8.4 The delivery terms under clause 8.3 may not, under any circumstance, be considered binding as Lamborghini Store is unable to directly monitor the deliveries of the selected couriers; therefore, Lamborghini Store cannot be held liable in case of breach of the delivery terms mentioned under clause 8.3.

8.5 In order to allow the Customers to monitor the progress of the Orders, Lamborghini Store shall issue an Order number which, once inserted in the "my order" section – accessible from any page of the On-Line Shop – allows to verify all information concerning the Orders.

8.6 The Customers may also verify the progress of Orders utilizing the "Order Tracking" function if such service is provided by the courier selected by Lamborghini Store for the delivery. Such check is available to the Customers only after the shipment of Products and by utilizing tracking data communicated by Lamborghini Store via e-mail.

8.7The Customers, or authorized third parties who will be at the address indicated in the Order Confirmation at the time of delivery, are obliged to check that:

(i) the Products correspond to the content of the courier's delivery slip (DDT) both as regards to the quantity and type.
(ii) the parcel/package of the Products is intact, undamaged, not wet nor in any way altered even with reference to the securing material.

8.8 Any damage to the parcel/packaging of the Products must be immediately claimed by the Customers by means of a comment expressing "control reserve" to be written on the courier's slip acknowledging delivery. It is understood that once the slip is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products.

8.9 The Products may be delivered by couriers only to the Customers or to third parties authorized by the Customers. The receiving party is obliged to sign the slip in order to certify the occurred delivery. Couriers do not deliver at postal office boxes nor by inserting the Products in letter boxes or similar.

9. Right to withdraw / Refund

9.1The Customers who are "consumers" (i.e. private persons acting for scopes not included in any commercial, craftsman or professional activity carried out in their business), have the right, in to withdraw from the Sale and Purchase Agreement within 30 days from receipt of the Products. Customers may exercise their right to withdraw from the Sale and Purchase Agreement by sending an e-mail to Lamborghini Store to the address specified under clause 16. Such communication shall include:

(i) the intention to exercise the right to withdraw;
(ii) the details of the Order generating the Sale and Purchase Agreement from which they intend to withdraw

9.2 In case the Customers exercise the right to withdraw pursuant to this clause 9:

(i) Customers undertake to return the Products within 10 working days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1;
(ii) all costs connected to the return of the Products are entirely borne by the Customers;
(iii) Lamborghini Store undertakes to reimburse the Price in the shortest time possible and, in any event, within 30 days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1, provided that:
- the Products have been returned and are intact;
- the original package has also been returned and is intact;
- the accessory items and instructions manual, if any, are returned and are intact;
- the Products have not been utilized;
(iv) Lamborghini Store shall communicate to the Customers the methods for reimbursement of the Price and to this extent it shall be entitled to require to the Customers the relevant banking data

9.3 Should the Customers not exercise the right to withdraw in accordance with terms and conditions set out under this clause 9., the Customers shall have no right to reimbursement of the Price.

9.4 As an alternative to exercising the right to withdraw provided for by this clause 9., "consumer" Customers hold the option to "change product" according to the terms and conditions specified on the On-Line Shop.

10. Products' flaws / defects

10.1 Should the Products bear a warranty from the producer (commercial/conventional warranty), any possible flaw and defect of the Products must be communicated by the Customers directly to the producer in accordance with the terms and conditions indicated in the warranty.

10.2 "Consumer" Customers (as defined under clause 9.1) have the rights granted to the "consumers" by article 130 of Legislative Decree n.206 of 2005; such rights must be exercised in accordance to the terms provided for by article 132 of the above mentioned Decree.

11. Product liability

The producer of the Products shall be liable for whatever damage caused by the Products' flaws and/or defects.

12. Privacy

Lamborghini Store undertakes and guarantees that personal data shall be treated in accordance with the National Principles for the Fair Handling of Personal Information and upcoming privacy legislation. Details referred to the treatment of data are communicated to the Customers at the time of registration as under clauses 6.1 or 6.2.

13. Errors and inaccuracies in the On-Line Shop

13.1 Lamborghini Store undertakes to constantly check the On-Line Shop in order to avoid any possible error or inaccuracy. However, it is possible that the On-Line Shop bears, or might bear, errors, inaccuracies or oversights from time to time.

13.2 Lamborghini Store has the right to amend the errors, inaccuracies or oversights contained in the On-Line Shop even after an Order has been placed as well as the right to modify and update the information at any time without any prior notice to the Customers.

14. Intellectual Property

All intellectual property rights connected to the On-Line Shop (including its contents) are the exclusive property of Lamborghini Store, Euro Automotive Group Pty Ltd and/or Lamborghini Artimarca S.p.A.; the On-Line Shop and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilized in any way, without prior written consent from Lamborghini Store.

15. Applicable law

15.1 The General Conditions and the Sale and Purchase Agreements are governed by, and construed in accordance with, the laws Victoria Australia and shall be interpreted accordingly.

15.2 Any dispute arising from, and in connection with, the General Conditions and/or the Sale and Purchase Agreements shall be submitted to the exclusive jurisdiction of the Victorian Courts.

16. Contacts

For further information and assistance on the On-Line Shop and/or on the methods of purchase on the On-Line Shop and/or on the Sale and Purchase Agreements, the Customers may contact Lamborghini Store through via info@lamborghinistore.com.au or at PO Box 6087 South Yarra, Vic 3141.