Mercedes-Benz Australia/Pacific Pty Ltd
General Terms and Conditions of Purchase for Digital Extras
KEY TERMS THE CUSTOMER SHOULD BE AWARE OF:
Pursuant to section 47A of the Fair Trading Act 1987 (NSW), please note that the following provisions are contained within the terms and conditions below. We recommend that you read the full terms and conditions before proceeding with any order or purchase.
The Provider has limited liability under these terms (see clauses 6.3, 6.5, 8.3- 8.5)
- The Provider will not pay for any indirect loss, regardless of how it is caused.
- The Provider is not responsible for paying for any loss, costs or damages resulting from:
- any inaccurate details included in the Customer's order;
- any misuse of the Customer's ID, password, or the Services;
- any acts or omissions by third parties and third party software;
- any documentation or goods not provided by Mercedes;
- anything outside the reasonable control of the Provider;
- any modifications to the Services by anyone other than the Provider;
- a failure by the Customer to follow these terms, or the Provider’s Terms of Use; or
- any act or failure to act that is directly within the Customers control.
- The Provider can suspend or withdraw any of the Services from sale at any time, and can cancel any Order before accepting it, without liability.
The Customer's personal data will be shared (see clauses 2.3b), 2.4b) and 5.7)
- The Customer's personal data including email address, mobile phone number, payment details, vehicle identification number and billing address will be regularly communicated between Mercedes-Benz Australia/Pacific and Mercedes-Benz AG.
The Provider may cancel your orders and access to services at any time (see clauses 10.4 and 10.5)
- The Provider can terminate these terms immediately, with notice to the customer, if:
- The Customer breaches these terms, and either does not remedy the breach within 30 days (where fixing the breach is possible), or the breach cannot be remedied;
- The Customer is no longer entitled to use the Vehicle, or the Vehicle has been destroyed;
- The Provider’s Terms of Use are terminated by the Provider for cause;
- The Customer cannot be contacted by the Provider after reasonable attempts; or
- An unexpected event occurs outside of the Provider's control.
- If the Provider terminates these terms, the Provider can also cancel all of the Customer's orders and access to the Services, in its absolute discretion.
The Provider may cancel your order prior to accepting it (see clauses 2.7 and 6.3)
- The Provider can cancel or reject the Customer's Order for any reason, at any time, prior to accepting the Order. The Provider will try to provide notice of cancellation, and any payment will be refunded to the Customer.
The Provider will delete the Customer's Order after it is completed (clause 2.11)
- After a Customer's Order is completed, the Provider will delete the data related to the Order. It is up to the Customer to keep a copy of the details of their Order and the terms which apply to it.
The Provider can change its prices at any time (see clause 3.5)
- The Provider can change its prices for any of the Services, at any time, without notice. If the Customer has already submitted an Order at a given price, the Provider will provide the Services at that price.
The Provider can vary these terms at any time (see clause 11)
- The Provider can make changes to these terms at any time due to technical developments or changes in the law, or for any other reason on giving 14 days' notice of the changes to the Customer. The Customer then has 14 days to object to any changes before the Customer is assumed to have accepted the changes.
The Provider may pay a commission to a Mercedes-Benz Retailer (see clause 1.7).
- The Provider may pay a commission to any Mercedes-Benz Retailer that assists or facilitates the sale of any Digital Extras.
Last updated May 2024.