Terms of service

Terms of Service

Welcome to X-CAR.

These Terms of Service apply to your use of this website and to any purchases made through this website. In these Terms, “we”, “us” and “our” refer to X-CAR, and “you” and “your” refer to the user, customer, or visitor of this website.

By accessing, browsing, using this website, or placing an order with us, you agree to be bound by these Terms of Service, our Privacy Policy, and our Return, Refund & Warranty Policy.

If you do not agree with these Terms, you should not use this website or place an order with us.

1. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law or any other rights that cannot be excluded by law.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement, refund, repair, compensation, or other remedy where required by law.

Any voluntary warranty we provide is in addition to your rights under the Australian Consumer Law.

2. Changes to These Terms

We may update or change these Terms from time to time by posting the updated version on this website.

The Terms that apply to your order are the Terms published on this website at the time you place your order, unless otherwise required by law.

3. Website Information and Product Descriptions

We make reasonable efforts to ensure that product descriptions, images, prices, compatibility information, and other content on this website are accurate and up to date.

However, errors, omissions, typographical mistakes, pricing errors, or inaccuracies may occur. We reserve the right to correct any errors, inaccuracies, or omissions, and to update or change information at any time without prior notice.

Product images are for illustration purposes only. Actual product colour, texture, shape, finish, packaging, or minor design details may vary due to photography, lighting, screen settings, production updates, or supplier changes.

This does not affect any rights you may have under the Australian Consumer Law.

4. Product Fitment and Compatibility

Many X-CAR products are designed for specific vehicles, models, years, body types, trims, seating layouts, or production versions.

You are responsible for checking that the product is suitable for your vehicle before placing an order. This includes checking the vehicle make, model, year, body shape, series, seating configuration, drive type, boot layout, floor layout, and any other compatibility information shown in the listing.

Product compatibility information is provided as a guide based on the information available to us. If you are unsure whether a product is suitable for your vehicle, please contact us before placing your order.

If the product supplied matches the listing but is not suitable because the wrong vehicle, model, year, body type, trim, or product type was selected, the return will generally be treated as a change of mind return under our Return, Refund & Warranty Policy.

5. Prices, GST and International Orders

All prices are listed in Australian dollars unless otherwise stated.

For Australian orders, prices include GST where applicable.

For international orders, Australian GST, local taxes, customs duties, import charges, brokerage fees, or other local charges may apply depending on the destination country and local laws. Unless expressly stated otherwise at checkout, international customers are responsible for any applicable customs duties, import taxes, and local charges.

Prices, promotions, discounts, product versions, and availability may change without prior notice.

If a product is listed at an incorrect price due to an error, we may cancel or refuse the order. If payment has already been received, we will provide a refund for the cancelled order.

6. Orders

When you place an order through this website, you are making an offer to purchase the product or products in your order.

Your order is not accepted until we confirm acceptance, process the order, or issue an order confirmation or tax invoice.

We may refuse, cancel, or limit an order where we reasonably believe there is a pricing error, stock issue, payment issue, suspected fraud, misuse of promotions, incorrect delivery information, or another legitimate reason.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled order.

Please review your order carefully before submitting it. Once an order has been accepted or processed, we may not be able to cancel or change it.

7. Payment

We accept the payment methods displayed at checkout.

Payment must be received and cleared before an order is processed or dispatched.

You must provide accurate and complete billing, delivery, and contact information. We are not responsible for delays, failed delivery, or additional costs caused by incorrect or incomplete information provided by you.

8. Shipping and Delivery

We deliver to Australia and selected international destinations where shipping options are available at checkout.

Delivery times shown on this website or at checkout are estimates only. Actual delivery times may vary due to courier delays, public holidays, high order volumes, customs processing, weather events, supply issues, or circumstances outside our reasonable control.

We are not responsible for delays caused by carriers, customs authorities, or events outside our reasonable control. However, this does not affect any rights you may have under the Australian Consumer Law or other applicable laws.

Risk and title in the products pass to you when the products are delivered to the delivery address provided in your order.

You are responsible for ensuring that your delivery address is correct, complete, accessible, and safe for delivery. We are not responsible for delivery issues caused by incorrect, incomplete, or unsafe delivery information provided by you.

9. Returns, Refunds and Warranty

Returns, refunds, DOA claims, change of mind returns, warranty claims, and faulty item claims are handled in accordance with our Return, Refund & Warranty Policy.

Please contact us before returning any item. Items returned without prior approval may not be accepted.

Nothing in our Return, Refund & Warranty Policy limits or excludes any rights you may have under the Australian Consumer Law or any other rights that cannot be excluded by law.

10. Account and Website Access

You may be able to create an account on this website. You are responsible for maintaining the confidentiality of your account login details and for all activity under your account.

If you are under 18, you should use this website with the involvement of a parent or guardian.

We may refuse to create an account, suspend access, terminate an account, or refuse service where we reasonably believe there has been misuse of the website, suspected fraud, breach of these Terms, unlawful activity, or conduct that may harm X-CAR, our customers, or our business.

11. Electronic Communications

When you use this website, place an order, create an account, or contact us by email or other electronic means, you agree that we may communicate with you electronically.

Electronic communications may include order confirmations, tax invoices, shipping updates, customer service messages, notices, and other information relating to your use of this website or your order.

12. Privacy and Cookies

Your use of this website is also subject to our Privacy Policy.

This website may use cookies and similar technologies to operate the website, improve user experience, analyse website traffic, remember preferences, and support marketing or advertising features.

By using this website, you agree to our use of cookies in accordance with our Privacy Policy and applicable laws.

13. Intellectual Property

All content on this website, including text, images, graphics, logos, icons, product photos, videos, designs, layout, product descriptions, data, software, and other material, is owned by or licensed to X-CAR unless otherwise stated.

You may use this website for personal and non-commercial purposes only.

You must not copy, reproduce, modify, distribute, publish, transmit, display, sell, scrape, extract, store, or use any content from this website without our prior written consent, except where permitted by law.

X-CAR trademarks, logos, product names, and brand assets must not be used without our prior written consent.

14. Prohibited Uses

You must not use this website:

  • for any unlawful, fraudulent, misleading, harmful, or malicious purpose;

  • to infringe our intellectual property rights or the rights of any third party;

  • to interfere with the operation, security, or performance of the website;

  • to upload, transmit, or distribute viruses, malware, or harmful code;

  • to scrape, copy, extract, monitor, or reproduce website content, pricing, product data, images, or listings using bots, scripts, AI agents, automated tools, or manual extraction methods without our prior written consent;

  • to submit false, misleading, or inaccurate information;

  • to misuse promotions, discount codes, or account features;

  • to harass, abuse, threaten, defame, or harm our staff, contractors, customers, or other users.

We may restrict, suspend, or terminate access to the website where we reasonably believe these Terms have been breached.

15. Third-Party Links and Services

This website may contain links to third-party websites, platforms, payment providers, shipping providers, apps, or services.

We are not responsible for the content, accuracy, security, availability, policies, or practices of third-party websites or services. Your use of third-party services may be subject to their own terms and policies.

16. Security

We use reasonable measures to protect this website and customer information. However, no website, internet transmission, or electronic storage method is completely secure.

To the extent permitted by law, we are not responsible for unauthorised access, data loss, or security incidents caused by factors outside our reasonable control.

This does not limit any rights you may have under applicable privacy laws or the Australian Consumer Law.

17. Disclaimer

To the maximum extent permitted by law, this website and its content are provided on an “as is” and “as available” basis.

We do not guarantee that the website will always be available, uninterrupted, secure, error-free, or free from viruses or other harmful components.

Nothing in this section excludes, restricts, or modifies any rights you may have under the Australian Consumer Law or any other rights that cannot be excluded by law.

18. Limitation of Liability

To the maximum extent permitted by law, X-CAR is not liable for any indirect, incidental, special, consequential, or economic loss, including loss of profit, loss of revenue, loss of data, loss of business opportunity, or other similar loss arising from your use of this website or purchase of products from us.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under the Australian Consumer Law or any other applicable law.

Where we are permitted by law to limit our liability, our liability is limited to one or more of the following, at our option and where permitted by law:

  • replacement of the goods;

  • repair of the goods;

  • payment of the cost of replacing the goods;

  • payment of the cost of repairing the goods;

  • refund of the amount paid for the relevant goods.

19. Indemnity

You agree to indemnify X-CAR against any loss, damage, liability, cost, or expense arising from your breach of these Terms, your misuse of this website, your unlawful conduct, or your infringement of any third-party rights.

This indemnity does not apply to the extent that the loss, damage, liability, cost, or expense was caused by our negligence, breach of law, or breach of these Terms.

20. Termination

We may suspend or terminate your access to this website or your account if we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful conduct, misused the website, or acted in a way that may harm X-CAR, our customers, or our business.

Any rights or obligations that by their nature should continue after termination will continue to apply.

21. Governing Law

These Terms are governed by the laws of Victoria, Australia and applicable Australian federal laws.

You and X-CAR submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

For international customers, your local non-excludable consumer rights may also apply where required by law.

22. Severability

If any part of these Terms is found to be invalid, unlawful, or unenforceable, that part will be severed to the extent necessary, and the remaining parts will continue to apply.

23. Contact

If you have any questions about these Terms, please contact us:

X-CAR
Email: cs@x-car.com.au
Post: BAYSWATER VILLAGE LPO, PO BOX 2162, BAYSWATER VIC 3153
Business Name: Vathey Pty Ltd
ABN: 30 499 156 126