Terms & Conditions

Our Disclosures:

By accepting these Terms, you agree that:

· We can cancel an order prior to the products being delivered to you (where you may choose a refund or store credit);

· Black Ops products are intended for Race and Off Road use unless specified; and

· Subject to your consumer law rights:

o we do not accept returns for change of mind; and

o our liability for the supply of the products will be limited to the price paid by you for the products.

WEBSITE TERMS AND CONDITIONS

1 Acceptance

(a) This website (Site) is operated by Black Ops Performance (we, our or us). It is available at: https://goblackops.com.au/ and may be available through other addresses or channels.

(b) By accessing and/or using the Site you:

(1) warrant to us that you have reviewed these terms and conditions and you have read our Privacy Policy (available on the Site);

(2) warrant that you are at least 18 years old;

(3) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and

(4) agree to use the Site in accordance with the Terms.

2 Orders

(a) You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.

(b) We are a parts supplier only, you are responsible for all compliance in accordance with any rules and regulations for your vehicle in your State, Jurisdiction or Country.

(c) We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(d) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

(e) It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.

(f) We will assume no responsibility for any product that is wrongly ordered.

(g) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include the delivery and billing addresses and a description of what was ordered.

(h) When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, billing address and payment details. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details. All personal information that you give to us will be treated in accordance with our Privacy Policy.

3 Price and payments

(a) You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are exclusive of Australian GST (where applicable). We display delivery costs separately from the product price.

(b) You must pay the Price using one of the methods set out on the Site. Only once the Price has been paid in full will your products be dispatched to you.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment and that your payment will be honoured by your card issuer.

(d) If we offer payment via a third party payment processor, the payment may be subject to the payment processor’s terms and conditions.

(e) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.

(f) We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

4 Availability and Cancellation

(a) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order, and you may choose to receive a refund or a store credit and any delivery costs you have paid for the products will be refunded to you.

5 Delivery, Title and Risk

(a) If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to the areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

(b) Delivery costs are set out on the Site.

(c) We normally dispatch products within 24 hours of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(d) We may deliver the products using a range of delivery methods such as Australia Post, Direct Freight etc. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office or pick up point as advised by the courier.

(e) Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(f) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the products passes, you will be solely responsible for them.

(g) A signature is required when your order is delivered, so we recommend providing a delivery address where someone will be available to receive and sign for your order. If no one is available, the courier will leave a card advising you what to do next.

(h) Please note the delivery time frames indicated below are estimates only, based on the stock being dispatched from our warehouse. If your order is coming from a store delivery times may vary, depending on both the store location and the intended destination.

(i) An increased volume of orders during busy sale and promotional periods may lead to delayed dispatch and delivery.

(j) By ticking the box or selecting 'yes' at the checkout page on the website for AUTHORITY TO LEAVE, BLACK OPS or its contractors associated with the delivery will leave your parcel at your premises in accordance with your instructions. Please note that the driver does not require a signature often he/she will not try to obtain one so parcels may be delivered without knocking/ringing.

(k) If You agree to AUTHORITY TO LEAVE, then that the parcel is deemed received when left at your premises.

(l) BLACK OPS or its contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this AUTHORITY TO LEAVE delivery method. You agree to release ‘BLACK OPS’ from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this AUTHORITY TO LEAVE.

(m) If you do not give us AUTHORITY TO LEAVE, then you will have to be at your premises in order for the delivery to occur.

6 Returns

Change of mind returns

(a) Subject to your rights under the Australian Consumer Law, we do not accept returns for change of mind or other circumstances.

General Conditions on Returns

(b) Please note any products that have been opened, test fitted, fitted to the wrong vehicle, damaged, packaging or contents lost or damaged will NOT be accepted for return.

(c) A 15% restocking fee applies for all goods which are returned due to wrongly ordered parts. You are responsible for ensuring that you order the correct product for your vehicle.

Transactional Costs

(d) Due to the associated transactional costs from the use of Afterpay and Zip Money or any other payment Gateways, any order cancelled using either payment method will attract a 6% processing fee. Swapping to another product with BLACK OPS will not attract any cancellation fee. Please note that if Transactional Cost is applicable, then it will be added to the return fee or calculated upon the final transaction amount.

Australian Consumer Law

(e) We may offer a warranty against defects, set out on the Site.

(f) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product

7 Third party sites and services

(a) Our Site may contain links to websites and services operated and provided by third parties, including stockists, fitters, and online retailers. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites, or the services provided by those parties. These Terms do not apply to the websites or services provided by third parties. We recommend that you make your own investigations with respect to the suitability of those websites and services.

8 Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.

(b) Nothing contained in this website should be construed as giving you any right in or license to any of the intellectual property or copyright on or associated with this website. You may not reproduce, publish, transmit, modify, create derivative works from, sell or exploit in any way, Link or frame any of the contents in this website. Unauthorized use or copying (including electronic copying or downloading) of this website and or any Contents contained in this website without the express written consent is expressly prohibited by law and may result in severe civil and criminal penalties and liabilities.

(c) Other trademarks not owned by BLACK OPS may appear on this website to describe third parties and their products are the property of those respective owners. BLACK OPS makes no representation that it is affiliated with, connected to or sponsored in any way by their respective owners.

(d) You must not, without our prior written consent:

(1) copy or use, in whole or in part, any of our intellectual property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

9 Non-Commercial Use Only

You may only use this website for your own personal use (which will at all times be reasonable, not abusive) or for purposes legitimately connected with the prospective purchase of our products and services for domestic use. You are not allowed to access, use or copy any material or information on this website for any commercial or unlawful purpose. You may print off any individual page for your own personal use only. If you wish to use any aspect of this website for commercial purposes, BLACK OPS’ prior written consent must be sought and any such use is strictly limited to that consent.

10 Copy Right

All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owed by or licensed to BLACK OPS and is subject to copyright. Any use of our website and its Content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, sale, transmission, republication, display or performance, of the content of this website, is prohibited without the prior written permission of BLACK OPS.

11 Other Material

In the event of any conflict between these Terms of Service, any terms and conditions of sale, any information that may be contained on our website and any material delivered with any BLACK OPS product, the terms of any material delivered with any BLACK OPS product shall prevail to the extent of any inconsistency and conflict.

12 Limitations

(a) Despite anything to the contrary, to the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law:

(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and

(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(1) loss of, or damage to, the products, or any injury or loss to any person;

(2) failure or delay in providing the products; or

(3) breach of the Terms or any law,

where caused or contributed to by any:

(4) event or circumstance beyond our reasonable control; or

(5) act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

13 General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(e) Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.

(f) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(g) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(h) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(i) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(j) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(k) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

For any questions and notices, please contact us at:

Opus Industries Pty Ltd T/A Black Ops (ABN: 16 641 445 776)

Email: info@goblackops.com.au

Last update: 6th April 2023

WARRANTY

1. Unless otherwise stated all products have a warranty period of 2 Years from date of purchase stated on the appropriate sales invoice.

2. The Warranty becomes null and void in the case of incorrect utilization, or any modification to the product, cutting, welding etc..

3. We will happily offer replacement items (not refunds) if:

There is a manufacturing fault with the item
The items fails within the warranty period (this does not include normal wear and tear, eg scraping on speed humps)

4. Warranty does not cover any related installation or re-installation costs involved.

5. Transport costs are refundable only in the case where warranty has been duly recognized and accepted by Black Ops Performance. These costs will be limited to the actual shipment costs between Black Ops Performance Warehouse and the customers delivery address.

6. No refunds or replacement items will be issued prior to the receipt and proper testing and inspection of any goods that are deemed faulty or incorrectly supplied.

7. Contact us via email with any issues or problems prior to returning the item/s. We will work to resolve any issues quickly.

RETURNS POLICY

We have a 14-day return policy, which means you have 14 days after receiving your item to request a return.

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

To start a return, you can contact us at info@goblackops.com.au. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

You can always contact us for any return question at info@goblackops.com.au.

Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

Exceptions / non-returnable items
Product can not be returned if,

It has been fitted to a vehicle
Has been modified in anyway.

Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.goblackops.com.au (the “Site”).

Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

How do we use your personal information?
We use the order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Sharing your personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioural advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Your rights
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Data retention
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Changes
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Mobile Terms of Service

Black Ops Performance

Last updated: July 29, 2022

The Black Ops Performance mobile message service (the "Service") is operated by Black Ops Performance (“Black Ops Performance”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Black Ops Performance’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Black Ops Performance through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Black Ops Performance. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to BlackOps or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Black Ops Performance mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to BlackOps or email info@goblackops.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Contact us
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at info@goblackops.com.au

TERMS OF SERVICE

OVERVIEW
This website is operated by Black Ops Performance. Throughout the site, the terms “we”, “us” and “our” refer to Black Ops Performance. Black Ops Performance offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Black Ops Performance, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Black Ops Performance and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@blackops.com.au

SHIPPING POLICY

Thank you for visiting and shopping at Black Ops Performance. Following are the terms and conditions that constitute our Shipping Policy.

Domestic Shipping Policy

Shipment processing time

All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays.

If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.

Shipping charges for your order will be calculated and displayed at checkout.

Delivery delays can occasionally occur.

Shipment to P.O. boxes or parcel lockers

Black Ops performance does not ship to PO boxes or parcel lockers, our items are simply too large. Please provide an address capable of accepting large goods.

Shipment confirmation & Order tracking

You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.

Customs, Duties and Taxes

Black Ops Performance is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).

Damages

Black Ops Performance is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.

Please save all packaging materials and damaged goods before filing a claim.

International Shipping Policy

We currently do not ship outside Australia, please contact us via info@goblackops.com.au if you wish us to quote shipping to international destinations

ORDERS, DELIVERY AND RETURNS POLICY

1 Orders

(b) We are a parts supplier only, you are responsible for all compliance in accordance with any rules and regulations for your vehicle in your State and Jurisdiction.

(c) Please chose your products carefully as we do not perform any fitment so we are not liable for any defective fitment and or any consequential damage as a result of any products.

(d) We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(e) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

(f) It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.

(g) We will assume no responsibility for any product that is wrongly ordered.

(h) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include the delivery and billing addresses and a description of what was ordered.

(i) When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, billing address and payment details. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details. All personal information that you give to us will be treated in accordance with our Privacy Policy.

2 Price and payments

(b) You must pay the Price using one of the methods set out on the Site. Only once the Price has been paid in full will your products be dispatched to you.

(d) If we offer payment via a third party payment processor, the payment may be subject to the payment processor’s terms and conditions.

(e) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.

3 Availability and Cancellation

(a) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

4 Delivery, Title and Risk

(b) Delivery costs are set out on the Site.

(f) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the products passes, you will be solely responsible for them.

(i) An increased volume of orders during busy sale and promotional periods may lead to delayed dispatch and delivery.

(k) If You agree to AUTHORITY TO LEAVE, then that the parcel is deemed received when left at your premises.

(m) If you do not give us AUTHORITY TO LEAVE, then you will have to be at your premises in order for the delivery to occur.

5 Returns

Change of mind returns

(a) Subject to your rights under the Australian Consumer Law, we do not accept returns for change of mind or other circumstances.

General Conditions on Returns

(b) Please note any products that have been opened, test fitted, damaged, wrongly fitted, packaging or contents lost or damaged will NOT be accepted for return.

(c) A 15% restocking fee applies for all goods which are returned due to wrongly ordered parts. You are responsible for ensuring that you order the correct product for your vehicle.

Transactional Costs

(d) Due to the associated transactional costs from the use of Afterpay and Zip Money, any order cancelled using either payment method will attract a 6% processing fee. Swapping to another product with BLACK OPS will not attract any cancellation fee. Please note that if Transactional Cost is applicable, then it will be added to the return fee or calculated on the final transaction amount.

Australian Consumer Law

(e) We may offer a warranty against defects, set out on the Site.

(g) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product.