RACER NATION: TERMS & CONDITIONS 

Hutland Pty Ltd t/a Racer Nation

ABN: 96 157 974 199

Email: info@racernationofficial.com

Address: P.O. Box 21 Luddenham nsw 2745

1. THE GRID

(OVERVIEW & INTELLECTUAL PROPERTY)
1.1 This website is operated by Racer Nation. Throughout the site, the terms “we”, “us” and “our” refer to Racer Nation. By accessing our site or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”).
1.2 Agreement to Terms By completing a purchase, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
1.3 Order Accuracy & Customer Responsibility It is the customer’s sole responsibility to ensure that all order details, including but not limited to product selection, sizing, quantities, and shipping information, are correct at the time of purchase. Racer Nation is not liable for errors made by the customer during the checkout process.
1.4 Sizing Responsibility Customers are responsible for reviewing all sizing information prior to purchase. Variations in fit, sizing, or personal preference do not constitute a fault or defect.
1.5 Manufacturing Tolerances Products are subject to standard manufacturing tolerances. Minor variations in stitching, alignment, finishing, or construction are inherent to the production process and do not constitute defects.
1.6 Order Modifications & Cancellations Due to the fast-paced nature of our operations and automated fulfillment systems, orders are processed quickly and cannot be modified, changed, or cancelled once placed. While we may attempt to assist with requests submitted immediately after purchase, we do not guarantee that any changes can be made, and the sale remains binding.
1.7 Duplicate Orders In the event of an accidental duplicate order, the customer must contact us within 30 minutes of the transaction. While we will endeavor to cancel the duplicate, once the order reaches our fulfillment team or third-party logistics, our standard "No Cancellation" policy applies.
1.8 Order Acceptance We reserve the right to accept, reject, or cancel any order at our discretion, including for suspected fraud, unauthorised activity, or technical errors. A contract for sale is only formed once your order has been processed, packed, and dispatched from our facility.
1.9 Intellectual Property (IP) Rights All designs, logos, typography, photography, graphics, and website content are the exclusive property of Racer Nation. Unauthorized reproduction, distribution, modification, or commercial use of any Racer Nation assets is strictly prohibited and will result in legal action. Racer Nation reserves the right to pursue legal remedies for any unauthorised use of its intellectual property.
1.10 Product Variations Minor variations in colour, print placement, or finish due to professional lighting, screen display differences, or manufacturing processes are normal and not considered defects. All product images are for illustrative purposes.
1.11 Clerical Errors We reserve the right to cancel or refuse orders arising from manifest pricing, description, or inventory errors. Where payment has been processed for a cancelled order, a full refund to the original payment method will be issued. The display of a product at a price of $0.00 (unless explicitly part of a 'Free Gift' promotion) shall be deemed a manifest technical error, and any resulting orders will be cancelled immediately.
1.12 Website Availability We do not guarantee that the website will be uninterrupted, error-free, or free from technical issues. We are not liable for any loss arising from website errors, downtime, system failures, or stock-outs during high-volume "Limited Drops."
1.13 Right to Refuse Service We reserve the right to refuse service to any person at any time for any reason, to the extent permitted by law.
1.14 No Partnership or Endorsement The purchase or wearing of Racer Nation apparel does not constitute a sponsorship, formal partnership, or commercial endorsement by the brand. Customers and third parties are strictly prohibited from using the Racer Nation name, logos, or apparel in a manner that implies a formal affiliation or sponsorship without a separate, executed written agreement from us.
1.15 Genuine Scarcity & Honest Marketing Racer Nation is committed to ethical marketing. Any 'Limited Drop' status, stock countdowns, or availability timers displayed on the site represent genuine inventory levels and operational constraints. We do not use 'Dark Patterns' to manipulate or distort customer decision-making.

2. CHANGE OF MIND POLICY

2.1 Except where required by the Australian Consumer Law, Racer Nation does not provide cash refunds for change of mind.
2.2 Store Credit Only Eligible returns for change of mind will be issued as Store Credit equal to the net value paid for the item, excluding original shipping costs. No cash refunds will be provided for change-of-mind returns. Any discounts, promotional codes, or offers applied at checkout will not be reinstated or reissued. 
2.3 Credit Expiry Store Credit issued from returns is non-transferable and must be used within 6 months from the date of issue. This does not apply to purchased Gift Cards, which carry a 3-year expiry per NSW law. It is the responsibility of the credit holder to redeem the credit before its expiry date; no extensions, reissues, or cash-outs will be provided.
2.4 Condition Requirements Items must be returned in “Showroom Condition”: unworn, unwashed, and free from odours, fragrance/perfume, stains, makeup, hair/ pet hair, or damage, with all original tags and packaging intact.
2.5 Return Logistics Customers are solely responsible for all return shipping costs. Original shipping fees are non-refundable. We strongly recommend using a tracked shipping service with insurance. Racer Nation is not responsible for items lost or damaged in transit during return. The customer remains responsible for the condition of the item until it is received by Racer Nation. Items damaged in transit due to inadequate packaging may be rejected.
2.6 Partial Returns & Shipping Where an order contains multiple items, original shipping costs will not be refunded for partial returns. For the avoidance of doubt, original shipping costs are non-refundable for all change-of-mind returns. Where a return is accepted for faulty goods under the Australian Consumer Law, any reimbursement of original shipping costs will be assessed on a proportionate basis where only part of an order is affected.
2.7 Returns Condition Enforcement Items returned that do not meet the required "Showroom Condition" may be rejected and returned to the customer at their expense.
2.8 No Direct Exchanges We do not offer product-for-product exchanges. Items must be returned for Store Credit and repurchased separately, subject to real-time availability.
2.9 Returns Timeframe Return requests must be made within 7 days of delivery. This timeframe applies to change-of-mind returns only and does not affect your rights under the Australian Consumer Law for faulty goods.
2.10 Fair Use Policy Racer Nation reserves the right to refuse a return or future service if we identify an unreasonable or suspicious pattern of returns (e.g., "wardrobing" or serial returning), even if the items are in Showroom Condition.
2.11 Split Payments (Store Credit + Other Methods) Where an order is paid using a combination of Store Credit and another payment method, any refund or Store Credit issued will be applied first to the Store Credit component (up to the amount used), with any remaining balance refunded to the original payment method, to the extent permitted by law.
2.12 Proof of Purchase Proof of purchase is required for all returns, claims, or Store Credit requests. Items received as gifts are subject to the same Terms and Conditions.

3. LIMITED RELEASES & "DROP" EXCLUSIVITY

3.1 Finality of Sale All items purchased during "Limited Drops" or special release events are Final Sale and are not eligible for change-of-mind returns, Store Credit, or exchanges.
3.2 Bot Protection & Order Screening Orders suspected of being placed by bots, automated scripts, professional resellers, or via fraudulent/high-risk means may be cancelled at our sole discretion. In the event of such a cancellation, a 5% Administration & Processing Fee will be deducted from the total refund amount. The customer acknowledges that this fee represents a genuine pre-estimate of Racer Nation’s liquidated losses and administrative costs incurred by the transaction, specifically accounting for:
Non-Refundable Merchant Fees: Transaction and processing fees levied by payment gateways (including but not limited to Shopify Payments, Stripe, PayPal, or Afterpay) which are not recovered by us upon order cancellation;
System & Technical Costs: Costs associated with anti-bot software, fraud-screening tools, and the manual technical review of flagged orders;
Inventory & Restock Labour: The administrative labour involved in auditing order data, manually restocking high-demand inventory, and the opportunity cost associated with removing "Limited Drop" items from the live site during peak periods.
3.3 No Inventory Reservation Items added to a cart are not reserved until checkout is completed. Racer Nation is not liable if an item sells out while in your cart.
3.4 Personal Use Only Products may not be purchased for commercial resale without prior written consent. We reserve the right to cancel orders and refuse future purchases where we reasonably suspect commercial resale activity.
3.5 Secondary Market & Resale Liability Racer Nation is not responsible for the condition, authenticity, or performance of products purchased through unauthorized third-party marketplaces or private resale (including but not limited to eBay, StockX, or Facebook Marketplace). We do not provide authentication services, and our standard warranties, return policies, and consumer guarantees, including those under the Australian Consumer Law, apply exclusively to the original purchaser with a valid order number from racernationofficial.com Any disputes arising from third-party transactions are strictly between the buyer and the reseller; Racer Nation is not a party to such transactions and will not provide remedies or support for goods obtained outside our official store.
3.6 Pricing Transparency & Anti-Drip Pricing In accordance with Australian Consumer Law, Racer Nation is committed to transparent pricing. All mandatory fees, including the 5% Administration & Processing Fee (defined in Clause 3.2) and applicable shipping rates, are disclosed during the checkout process. We do not engage in "Drip Pricing"; the total price inclusive of all known fees is displayed before you commit to the transaction.

4. PROMOTIONS, DISCOUNTS & FINAL SALE

4.1 Final Sale Items Products marked as “Final Sale” or purchased using promotional or discount codes are not eligible for change-of-mind returns, Store Credit, or exchanges.
4.2 Promo Code Use Promo codes are single-use and will not be reissued if a return is granted as a discretionary exception.
4.3 Price Protection We do not offer price matching or refunds for price differences on items subsequently discounted.
4.4 Discount Code Responsibility It is the customer’s responsibility to ensure that all promotional codes, discounts, or offers are correctly applied at checkout prior to completing the transaction. Once an order has been placed, discounts, promotional codes, or offers cannot be applied retrospectively, and no refund, credit, or adjustment will be provided to account for missed discounts.

5. "AS-IS" & DISCLOSED DEFECTS (FACTORY SECONDS)

5.1 Acceptance of Condition Items sold with disclosed defects (e.g., staining, marking, misprint) are accepted by the customer in their stated condition at the time of purchase.
5.2 Limit of Coverage No remedy (refund, credit, or replacement) will be provided for the specific fault(s) disclosed at the time of sale.
5.3 Consumer Rights Consumer guarantees may still apply under the Australian Consumer Law for any faults not disclosed prior to purchase.

6. FAULTY GOODS & CONSUMER GUARANTEES

6.1 Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law.
6.2 Major Failures Where a product has a major failure, you are entitled to a repair, replacement, or refund as required by law.
6.3 Minor Failures For minor faults, we may choose to repair or replace the item within a reasonable timeframe, taking into account the nature of the issue and product availability.
6.4 Specific Care Exclusions Damage caused by misuse, improper care, or normal wear and tear is not a manufacturing fault. This includes damage from tumble drying, high-heat washing (above 30°C), use of bleach, fabric softeners, or failure to follow care labels.
6.5 Product Use Products must be used and cared for in accordance with provided instructions. We are not responsible for damage resulting from improper use or failure to follow care guidelines. Issues arising after use or wear that are consistent with normal use, washing, or handling do not constitute a manufacturing fault.
6.6 Incorrect Item Received If Racer Nation supplies an incorrect item, the customer must notify us in accordance with clause 6.10. All claims are subject to verification. Upon verification, Racer Nation will determine the appropriate remedy at its sole discretion. For domestic orders, Racer Nation will provide a pre-paid return label or reimburse standard return shipping costs once the return has been verified. For international orders, Racer Nation may, at its sole discretion, offer the customer the option to retain the incorrectly supplied item. In such cases, Racer Nation may provide a refund or partial refund for the item, excluding original shipping costs. If the customer elects to receive the originally ordered item, the incorrect item must be returned to Racer Nation in accordance with our return instructions. A replacement will only be issued once the returned item has been received and inspected to confirm it is in its original condition. Return shipping reimbursements will be limited to standard economy shipping rates as determined by Racer Nation. Any additional costs incurred by the customer (including express or premium services) will not be reimbursed. Racer Nation reserves the right to withhold any remedy until the item has been returned and verified. Where an item is not returned or cannot be verified, no refund, replacement, or reimbursement will be provided.
6.7 Verification & Documentation All claims for faulty or incorrect items are subject to strict verification by Racer Nation.
(a) Evidence Required: Claims must be supported by high-resolution photographic evidence submitted to racernationofficial.com. Photos must clearly show the fault, the garment tags, and the original packaging.
(b) Discretion: Racer Nation reserves the right to request additional photos or video evidence to further verify the claim before a remedy is issued.
(c) False Claims: Submission of altered or deceptive photographic evidence will result in the immediate rejection of the claim and a permanent ban from future purchases.
6.8 Reporting Window Claims for incorrect items or missing goods must be reported within 48 hours of delivery. Failure to report within this window constitutes acceptance of the goods as delivered. This reporting timeframe does not limit or exclude your rights under the Australian Consumer Law.
6.9 Fault Claims – Inspection Outcome Where an item is returned and, upon inspection, is found not to have a manufacturing fault, or is determined to be damaged due to misuse, improper care, or normal wear and tear, no refund, replacement, or repair will be provided. In such cases, the item may be returned to the customer at their expense. Racer Nation reserves the right to charge reasonable return shipping costs prior to dispatching the item back to the customer.
6.10 Formal Claim Procedure To initiate a claim, the customer must strictly adhere to the following steps:
(a) Reporting: Notify Racer Nation via the email specified in Clause 6.7 within the 48-hour window (as per Clause 6.8).
(b) Authorisation: No items are to be returned without a written Return Authorisation (RA) from our team. Any "blind returns" sent without an RA will be rejected and returned to the sender at their expense.
(c) Retention of Goods: The customer must retain all original packaging and the item in its current condition until the claim is finalised. Failure to provide requested information or evidence within 72 hours of our request will result in the claim being closed.
(d) Preservation of Condition: Any item reported as "incorrectly supplied" must remain in Showroom Condition. See Clause 6.11 for specific restrictions.
6.11 Acceptance Through Use For the avoidance of doubt, the following actions by a customer constitute final acceptance of the goods as delivered, even if the item was incorrectly supplied:
(a) Removal of original hang-tags or security seals;
(b) Laundering, washing, or dry-cleaning of the garment;
(c) Visible wear or use of the item (e.g., at an event or track day);
(d) Failure to report the error within the 48-hour window specified in Clause 6.8. Once an item has been used or washed, it is no longer eligible for return as an "incorrect item," and Racer Nation will not provide a replacement, refund, or credit.
6.12 Lifestyle Apparel & Safety Disclaimer Racer Nation products are designed and sold as lifestyle and casual wear only. Our apparel is not intended for use as protective equipment for motorsport, competitive racing, or any high-risk activities. These products are not fire-retardant, abrasion-resistant, or safety-rated for track use. To the maximum extent permitted by law, Racer Nation excludes all liability for any personal injury, loss, or damage sustained while wearing our products during such activities.
6.13 Product Recalls In the event of a product safety recall, Racer Nation will notify all affected customers via the email provided at checkout. Our liability in a recall event is limited to the repair, replacement, or refund of the purchase price, as determined by the ACCC or relevant regulatory bodies.

7. SHIPPING, FULFILLMENT & RISK

7.1 Shipping Estimates and Multiple Shipments Timeframes provided at checkout are estimates only and are not guaranteed. Orders may be fulfilled in multiple shipments. Delivery of an order is considered complete and fulfilled once all parcels associated with the order tracking have been delivered to the nominated address.
7.2 Courier Delays & Third-Party Service Racer Nation is not liable for delays, rerouting, or service failures caused by third-party courier services. Once an order has been dispatched from our facility, the transit time is governed exclusively by the carrier. Delays in transit, courier network congestion, or service disruptions do not constitute a breach of contract and do not entitle the customer to a cancellation or refund.
7.3 Fulfillment Timeline We aim to dispatch orders within 14 business days. This timeline is an operational target and not a strict contractual deadline.
7.4 High Volume & "Drop" Delays During Limited Drops, promotional events, or peak periods, dispatch times may be extended. Such delays are inherent to the exclusivity and logistics of the service and do not entitle the customer to a refund or order cancellation.
7.5 Backorders & Pre-orders Items on backorder or pre-order will be clearly identified at the time of purchase. By purchasing these items, you acknowledge that shipping will be delayed until stock is processed at our facility.
(a) Dispatch Expectations: Refunds are not provided for delays associated with clearly marked backordered items, provided the item is dispatched within a reasonable timeframe of the estimated date.
(b) Final Sale: Orders containing backordered or pre-order items are Final Sale and may not be cancelled once placed.
(c) Estimation Disclaimer: Pre-order dates are estimates provided by manufacturers and are subject to change due to global shipping volatility, port congestion, or material shortages. These fluctuations do not constitute a "Major Failure" under the Australian Consumer Law.
(d) 60-Day "Fair Use" Limit: While pre-orders are Final Sale, if a dispatch delay exceeds 60 days beyond the original estimated shipping date, the customer may request a conversion to Store Credit. This serves as a fair-use limit to ensure compliance with ACL "reasonable time" provisions. Once this request is processed, the original order is cancelled, and the Store Credit is issued in accordance with Clause 15.1.
(e) Duty to Inform: Racer Nation will provide periodic updates via email regarding the status of pre-ordered items. It is the customer's responsibility to ensure our emails are not filtered to 'Spam.' Silence from the customer following a delay notification constitutes continued acceptance of the new estimated timeframe.
7.6 Address Accuracy & Customer Error 
7.6.1 Finality of Information: It is the customer’s sole responsibility to provide a complete and accurate shipping address (including unit numbers, business names, and postcodes). Racer Nation is not liable for any loss, non-delivery, or delivery to an incorrect location resulting from errors or omissions made by the customer at checkout.
7.6.2 No Liability for Misdelivery: If an order is delivered to an incorrect address provided by the customer, Racer Nation is under no obligation to recover the goods or provide a replacement/refund.
7.6.3 Post-Dispatch Redirection: Racer Nation is not liable for any loss, theft, or misdelivery where the customer has engaged with the carrier to redirect the parcel, alter delivery instructions, or waive a signature requirement (e.g., via a carrier app, SMS, or portal) after the parcel has been dispatched from our facility. Any such intervention is at the customer’s own risk and constitutes final delivery.
7.7 Authority to Leave (ATL) By completing a purchase, you grant Authority to Leave (ATL). You authorise the courier to leave the parcel at the delivery address without a signature. This action constitutes successful delivery. If you do not have a secure delivery location, you are strictly advised to ship to a business address or a secure parcel locker.
7.8 Risk, Title & "Porch Piracy" 
7.8.1 Title: Title in the goods passes to the customer upon full payment and dispatch. 
7.8.2 Risk: Risk in the goods passes to the customer immediately upon delivery in accordance with delivery instructions. Racer Nation is not liable for "porch piracy," theft, or weather damage once the carrier has logged the parcel as delivered.
7.9 Conclusive Evidence of Delivery Courier tracking information marked as “Delivered” will be relied upon as primary evidence of delivery. Where available, Racer Nation will rely upon the following evidence to defeat claims of non-delivery:
(a) Photographic Proof: Images captured by the carrier showing the parcel at the address.
(b) GPS/Geotagging: Electronic logs confirming the carrier’s scanning device was at the precise coordinates of the delivery address at the time of the "Delivered" update.
(c) Signature: Any signature obtained at the address, whether by the customer or a third party.
7.10 Lost in Transit – Investigation Protocol
7.10.1 Carrier Verification: Any claim for loss in transit must be officially verified by the carrier.
7.10.2 Mandatory Investigation Period: Where a parcel is suspected lost, Racer Nation will initiate a formal investigation with the carrier. No refund, replacement, or Store Credit will be issued until the carrier has completed its investigation and provided a formal "Lost" declaration. 
7.10.3 Claim Rejection: Where the carrier denies a claim (e.g., they provide proof of secure delivery via GPS), Racer Nation’s obligations are considered fulfilled, and no remedy will be provided.
7.11 Damaged in Transit Where an item is damaged in transit, the customer must notify Racer Nation within 48 hours (as per Clause 6.8).
(a) Evidence: The customer must provide clear photos of the damaged item AND the original shipping packaging (the external bag/box).
(b) Rejection for Lack of Evidence: Failure to provide photos of the external packaging—which is required for us to claim against the courier—will result in the claim being denied.
7.12 Chargeback Protection & Recovery Costs
7.12.1 Dispute Action: Fraudulent chargebacks (specifically "friendly fraud" where a customer claims non-receipt or unauthorised use despite tracking evidence and verified account activity) will be actively disputed. Racer Nation will provide all available evidence to the financial institution, including:
(a) Verified Fraud Analysis Scores and risk indicators from our payment processors;
(b) IP Data & Geolocation logs at the time of purchase;
(c) Conclusive Evidence of Delivery (as defined in Clause 7.9); and
(d) Communication logs between the customer and our support team.
7.12.2 Recovery of Costs: In accordance with Clause 13.3, if a customer initiates a chargeback for a delivered order, Racer Nation reserves the right to recover all liquidated losses resulting from the dispute, including:
(a) Non-refundable merchant/gateway dispute fees (typically $25–$50 per instance);
(b) Administrative labour costs involved in preparing the dispute evidence; and
(c) All associated legal fees and debt collection costs required to recover the funds.
7.13 International Duties, Taxes & Brokerage Fees
7.13.1 Importer of Record: For all orders shipped outside of Australia, the customer is the importer of record and is solely responsible for compliance with all local laws and the payment of all import duties, taxes, and customs clearance fees.
7.13.2 Brokerage & Admin Fees: The customer is responsible for all third-party carrier brokerage, administrative, and processing fees associated with customs clearance.
7.13.3 Refusal of Delivery: If an order is refused by the customer or abandoned due to a failure to pay the required duties, taxes, or brokerage fees, the order will be processed as a Return to Sender (RTS) or deemed Abandoned by the carrier. In such cases:
(a) Racer Nation will not provide a refund for the order;
(b) The customer forfeits the original shipping cost; and
(c) Any return-to-sender penalties, storage fees, or disposal costs levied by the carrier will be deducted from any potential Store Credit issued, in accordance with Clause 7.14.
7.14 Refused, Unclaimed, or Incorrect Address Deliveries (Return to Sender)
7.14.1 RTS Event: If an order is returned to our facility due to an incorrect/incomplete address, failure to collect from a holding point within the carrier's designated timeframe, or refusal to pay import duties/taxes, it will be processed as a Return to Sender (RTS).
7.14.2 Deduction of Costs: All RTS orders are subject to the following mandatory deductions before any remedy is issued:
(a) The original shipping cost (this is non-refundable as the service was attempted);
(b) The return shipping penalty levied by the carrier to bring the parcel back to Racer Nation; and
(c) A $10.00 AUD Administrative & Handling Fee to cover the labor of processing the return and restocking inventory.
7.14.3 Automated Store Credit: If the customer does not contact Racer Nation within 5 business days of the parcel arriving back at our facility, a Store Credit will be issued automatically for the net value (Total minus the costs in 7.14.2). This credit is subject to the standard 6-month expiry.
7.14.4 Redelivery: If the customer requests redelivery, they must provide a corrected address and pay a new shipping & handling fee at the current market rate. Racer Nation will not "subsidise" redelivery for customer-entry errors.
7.14.5 Abandoned Goods: Where a returned item is rejected by the customer, or the customer fails to pay redelivery fees/respond to contact within 30 days of the RTS event, the goods will be deemed Abandoned. In accordance with the Uncollected Goods Act, Racer Nation reserves the right to dispose of or liquidate abandoned goods to recover storage and administrative costs without further liability to the customer.
7.15 Extended Delays Nothing in this clause limits rights under the ACL where goods are not supplied within a reasonable timeframe; however, "reasonable" is defined in the context of limited-run manufacturing, custom printing, and global logistics constraints.
7.16 Fraud Recovery Action Racer Nation reserves the right to recover goods, involve law enforcement, or suspend further service where payment is reversed, declined, or found to be fraudulent after dispatch.

8. SOCIAL MEDIA & USER CONTENT

8.1 By tagging @racernation.official or using associated hashtags, you grant Racer Nation a perpetual, royalty-free, worldwide licence to use, reproduce, and display your content for marketing purposes. You warrant that you own the rights to this content and that its use does not infringe on third-party rights.
8.2 The customer agrees to act in good faith and allow Racer Nation a reasonable opportunity to resolve any dispute through official channels (info@racernationofficial.com) prior to posting public reviews or disparaging comments on social media that are false, misleading, or made in bad faith. Breach of this good-faith engagement may result in the suspension of discretionary remedies (such as Store Credit) and the restriction of future purchases.
8.3 By tagging @racernation.official or using our associated hashtags, you warrant that you are the sole creator and owner of the content and that our use of it will not infringe on any third party’s intellectual property or privacy rights. You agree to indemnify Racer Nation against any claims, costs, or legal fees arising from a breach of this warranty.
8.4 Unauthorized Representations: Racer Nation is only bound by statements made on our official website and verified social media channels. We are not responsible for, nor do we endorse, any third-party claims, 'guarantees,' or representations made by influencers, affiliates, or independent promoters.

9. WEBSITE USE

9.1 You agree not to use this website for unlawful purposes, attempt to interfere with site security, or misuse data.
9.2 We reserve the right to terminate access for breaches of these terms.
9.3 Third-Party Services We are not responsible for third-party services, tools, applications, or links accessed through our website.
9.4 Contact Channels All customer service requests must be submitted via our official contact channels. We are not responsible for communications made through unofficial channels.
9.5 Account & Purchase Restrictions Racer Nation reserves the right to restrict, suspend, or block access to purchases where a customer breaches these Terms or engages in repeated disputes, chargebacks, or misuse of services.

10. PRIVACY, DATA PROTECTION & COMMUNICATIONS

10.1 Compliance Framework Racer Nation is committed to protecting your privacy. We collect, use, and disclose personal information in strict accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and the Spam Act 2003 (Cth). For full details on how we manage your data, please refer to our dedicated Privacy Policy.
10.2 Purpose of Collection By accessing our site and completing a purchase, you acknowledge that we collect personal information (such as name, contact details, IP address, and Fraud Analysis data) necessary to:
(a) Fulfil your order and manage delivery logistics;
(b) Verify the legitimacy of the transaction and protect against fraudulent activity; and
(c) Communicate with you regarding your account or any disputes.
10.3 Transactional Communications By placing an order, you provide express consent to receive transactional communications essential to the completion of our service. This includes, but is not limited to, order confirmations, tax invoices, and shipping/tracking updates. These communications are a functional requirement of the contract and are not subject to "Unsubscribe" requests.
10.4 Promotional Marketing Where you have provided "Opt-In" consent (via our website, newsletter signup, or at checkout), you may receive promotional marketing via email or SMS.
(a) You may withdraw this consent at any time by using the "Unsubscribe" link in any marketing message.
(b) Requests to be manually removed from marketing lists will be processed within 5 business days in accordance with the Spam Act.
10.5 Data Integrity & Security We take reasonable steps to ensure the personal information we hold is accurate and secure. However, as defined in Clause 1.12, we are not liable for unauthorized access to your data arising from events beyond our reasonable control, such as third-party platform breaches.
10.6 Third-Party Data Breaches: While we use industry-standard encryption and Tier-1 processors (like Shopify), Racer Nation is not liable for data breaches occurring on third-party platforms beyond our direct control. In the event of a suspected data breach, we will comply with all mandatory reporting obligations under the Privacy Act 1988 (Cth).
10.7 Automated Decision Making We use automated systems (including third-party fraud analysis tools) to screen orders for risk and policy breaches. If your order is flagged or cancelled by these systems, you may request a manual review by contacting orders@racernation.org

11. FORCE MAJEURE & LIMITATION OF LIABILITY

11.1 Force Majeure We are not liable for any failure to perform or delay in performance caused by events beyond our reasonable control, including but not limited to:
Acts of God (including natural disasters, fire, flood, earthquake, or extreme weather);
Acts of war, terrorism, civil unrest, or public disorder;
Pandemics, epidemics, or public health emergencies;
Government-imposed lockdowns, travel restrictions, or control of movement;
Strikes, industrial disputes, or fuel/transportation strikes; and
Supply chain disruptions, courier network failures, or material shortages.
11.2 Limitation of Liability To the extent permitted by law, our liability is limited to the purchase price of the goods.
11.3 Indirect Loss To the extent permitted by law, we are not liable for any indirect, incidental, or consequential loss, including loss of profits, revenue, or business opportunity.

12. INDEMNITY

12.1 You agree to indemnify and hold Racer Nation harmless from any claims, damages, or losses (including reasonable legal fees on a solicitor-client basis) arising from your breach of these Terms or misuse of our products or website.
12.2 Fraud & Abuse Racer Nation reserves the right to refuse service, cancel orders, deny returns, or withhold remedies where we reasonably suspect fraudulent activity, abuse of policy, or attempts to circumvent these Terms and Conditions.
12.3 Chargeback Notification or Payment Dispute Customers agree to contact Racer Nation to resolve any issue prior to initiating a chargeback or payment dispute. Failure to do so may be considered a breach of these Terms.

13. SEVERABILITY & GOVERNING LAW

13.1 Severability If any provision is held invalid, it will be severed and the remainder will continue in full force.
13.2 Entire Agreement These Terms constitute the entire agreement between you and Racer Nation and supersede all prior communications.
13.3 Non-Waiver Failure or delay by us to enforce any provision, right, or remedy under these Terms does not constitute a waiver of that provision, right, or remedy.
13.4 Governing Law These Terms are governed by the laws of New South Wales, Australia. Any disputes are subject to the jurisdiction of the courts of NSW.
13.5 Unfair Contract Terms: These Terms are intended to be fair and balanced. If any part of these Terms is found to be 'unfair' under the Australian Consumer Law, that part will be limited or severed only to the extent necessary to make the remainder of the Terms enforceable.

14. CHANGES TO TERMS

14.1 We reserve the right to modify these Terms at any time. Continued use constitutes acceptance.

15. GIFT VOUCHERS, STORE CREDIT & REDEMPTION

15.1 Store Credit (Returns & Discretionary)
15.1.1 Nature of Credit: Store Credit is issued as a gesture of goodwill or as part of a change-of-mind return policy. It is not a cash equivalent and holds no monetary value outside of the Racer Nation online store.
15.1.2 Strict 6-Month Expiry: All Store Credit is issued with a strict expiry period of 6 months (180 days) from the date of issue.
15.1.3 Forfeiture & Non-Extension: It is the customer’s sole responsibility to redeem Store Credit within this timeframe. Expired Store Credit will be automatically voided and will not be extended, reinstated, or replaced under any circumstances, including but not limited to claims of "forgetting," "change of mind," or "limited stock availability."
15.1.4 Usage Restrictions: Store Credit cannot be used to purchase Gift Vouchers, nor can it be transferred, resold, or assigned to another account or person.
15.1.5 Checkout Responsibility & Technical Failures: Store Credit must be applied at the time of checkout. We cannot apply credit retrospectively to completed orders. If a customer experiences a technical issue applying a code, they must contact info@racernationofficial.com before completing the purchase. Completing the purchase without the credit applied constitutes a waiver of the credit for that transaction.
15.1.6 Non-Refundable: Store Credit is strictly non-refundable. It cannot be "cashed out," withdrawn to a bank account, or exchanged for any other form of currency.
15.1.7 Shipping & Promotions: Orders paid (fully or partially) via Store Credit are excluded from "Free Shipping" thresholds and promotional discount "stacking" unless explicitly stated otherwise.
15.2 Gift Vouchers (Purchased)
15.2.1 3-Year Expiry (NSW Law): In accordance with New South Wales law, all purchased Gift Vouchers are valid for 3 years from the date of purchase. Any unused balance at the end of this period will be void.
15.2.2 Non-Refundable: Gift Vouchers are non-refundable and cannot be exchanged for cash or Store Credit.
15.2.3 Lost or Stolen Vouchers: Racer Nation is not responsible for lost, stolen, or unauthorised use of Gift Voucher codes. Vouchers are treated as cash; once a code is redeemed by any party, the value cannot be recovered or restored.
15.2.4 Retrospective Use: Like Store Credit, Gift Vouchers must be applied at checkout. We do not provide credits or refunds for vouchers "forgotten" during the transaction process.
15.3 Returns of Items Purchased with Vouchers or Credit
15.3.1 Change-of-Mind Returns: Where an item purchased via a Gift Voucher or Store Credit is returned for a change of mind, the refund will be issued as Store Credit with a 6-month expiry. This prevents "expiry laundering" (attempting to reset a 6-month credit by buying and returning an item).
15.3.2 Faulty Goods (ACL): Where an item purchased via a Purchased Gift Voucher is returned due to a Major Failure under the Australian Consumer Law, the remedy will be returned to the original payment source (the 3-year Gift Voucher).
15.3.3 Partial Payment Returns: Where an order was paid using both Store Credit/Voucher and a secondary payment method (e.g., Credit Card), any refund or credit issued will be applied first to the Store Credit/Voucher component up to the original value used.
15.3.4 Voiding of Expired Value: If an item is returned, but the original Gift Voucher used for the purchase has already reached its 3-year expiry date, no credit or reinstatement will be provided, to the maximum extent permitted by law.
15.3.5 Discretionary Remedy: Racer Nation reserves the right to determine the final form of remedy (Credit vs Voucher) for all returns, subject to our obligations under the Australian Consumer Law.

16. ZERO TOLERANCE POLICY: CONDUCT & ACCOUNTABILITY

16.1 Commitment to Staff Safety & Brand Integrity Racer Nation is committed to maintaining a safe, respectful, and professional environment. We do not subscribe to the "Customer is Always Right" philosophy when it is used as a shield for abuse, harassment, or the intentional sabotage of our brand reputation. Access to our "Service" is a privilege, not a right.
16.2 Prohibited Conduct Racer Nation maintains a Zero Tolerance Policy toward any individual who engages in "Prohibited Conduct." This includes, but is not limited to:
(a) Verbal Abuse & Harassment: Use of profanity, derogatory remarks, or "spamming" support channels with aggressive, repetitive, or hostile communications.
(b) Threats & Intimidation: Any threat of physical harm, or the use of legal threats as a tool of intimidation to bypass these Terms and Conditions.
(c) Defamation & False Reviews: Posting provably false, misleading, or malicious reviews on Google, Trustpilot, or other platforms.
(d) Organised Sabotage & Boycotts: Actively inciting, organising, or participating in "pile-ons" or digital boycotts against Racer Nation on social media (Instagram, TikTok, Facebook, etc.).
(e) Commercial Disparagement: Making false or misleading statements that harm the brand or products without first seeking a resolution through official support channels.
16.3 Right to Terminate Service & Remedies If a customer engages in Prohibited Conduct, Racer Nation reserves the unilateral right to:
(a) Immediate Cancellation: Cancel any and all pending or unfulfilled orders.
(b) Discretionary Withdrawal: Rescind any discretionary remedies, such as Store Credit, "Goodwill" exceptions, or non-statutory warranty accommodations.
(c) Permanent Blacklisting: Permanently ban the customer’s name, shipping address, email, and payment details from all future releases and "Limited Drops."
(d) Platform Exclusion: Block the individual from all Racer Nation social media profiles and community groups.
16.4 Application of Liquidated Damages (Processing Fee) Where an order is cancelled due to a breach of this Zero Tolerance Policy, the refund will be processed minus the 5% Administration & Processing Fee (as defined in Clause 3.2). The customer acknowledges that this fee is a genuine pre-estimate of Racer Nation’s losses, representing the high administrative cost of managing hostile disputes, auditing communication logs, and the manual processing required to terminate the business relationship.
16.5 Protection Against Defamation (Google & Social Media) Racer Nation monitors all public platforms for false or malicious content.
(a) Removal Requests: We will aggressively pursue the removal of content that violates platform community standards.
(b) Evidence Submission: In the event of a "review bomb" or coordinated boycott, we will provide internal records—including tracking data, Fraud Analysis Scores, and communication logs—to the platform providers to demonstrate the malicious nature of the content.
16.6 Legal Escalation Racer Nation reserves the right to seek legal counsel and pursue damages for Defamation or Injurious Falsehood where a customer’s public statements cause demonstrable financial harm. In cases of credible threats or criminal harassment, we will involve law enforcement and provide all relevant customer metadata to assist in prosecution.