Oila / Oil and Grease Centre Terms & Conditions

1. About these Terms

These Terms & Conditions apply to the use of this website and to all purchases made through Oila, Oil and Grease Centre, or any related online store operated by Marvell Lubricant Pty Ltd.

In these Terms, “we”, “us”, “our”, “Oila” and “Oil and Grease Centre” refer to Marvell Lubricant Pty Ltd ABN 31 657 001 888, of 3/50 Barry Street, Bayswater, Victoria 3153, Australia.

By accessing our website, creating an account, placing an order, making payment, requesting a quote, or otherwise dealing with us, you agree to these Terms & Conditions, our Privacy Policy, our Returns Policy, and any other policy displayed on our website from time to time.

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

2. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or protection that you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Any limitations, exclusions, cancellations, return conditions or liability restrictions in these Terms apply only to the extent permitted by law.

3. Website Use

You may use our website only for lawful purposes and in accordance with these Terms.

You must not:

• interfere with the operation, security or functionality of the website;
• use false or misleading information when placing an order or creating an account;
• copy, reproduce, scrape, extract, modify, reverse engineer or commercially exploit any part of the website without our written consent;
• use any robot, scraper, spider, automated tool or data extraction method to access or copy website content;
• use our website in a way that infringes our intellectual property rights or the rights of any third party;
• place fraudulent, speculative, malicious or bad-faith orders;
• attempt to bypass stock, freight, payment, account or security restrictions.

We may suspend, restrict or terminate website access where we reasonably believe these Terms have been breached, fraud has occurred, or website security or business operations may be affected.

4. Product Information, Images and Technical Data

We take reasonable care when preparing product listings, descriptions, images, specifications, prices, stock information and technical data. However, product information may be supplied by manufacturers, suppliers, distributors or third-party data sources and may change without notice.

Product images are for general identification only. Packaging, label design, container colour, drum shape, branding, batch appearance or supplier artwork may change without notice. Unless expressly stated otherwise, a change in image, label or packaging does not necessarily mean a change in the product specification.

Product data, technical sheets, safety data sheets, approvals, OEM references, viscosity grades, industry standards and performance claims are provided for general guidance only. Customers must check the manufacturer’s current product data sheet, safety data sheet, equipment manual and OEM requirements before purchasing or using any product.

We are not responsible for a customer selecting an unsuitable product where the customer did not seek and receive written confirmation from us before purchase.

5. Lubricants, Chemicals and Industrial Products

Many products sold on our website are lubricants, oils, greases, coolants, additives, chemicals, industrial fluids or workshop products. Customers are responsible for ensuring that each product is suitable for their intended application, equipment, operating conditions, storage environment and regulatory requirements.

You must follow all applicable safety data sheets, workplace safety requirements, environmental obligations, storage requirements and disposal requirements.

We do not provide engineering, mechanical, chemical, safety, environmental or manufacturer warranty advice unless expressly confirmed in writing by an authorised representative.

6. Prices

All prices displayed on our website are in Australian dollars and include GST unless stated otherwise.

Prices may change at any time without notice. A price displayed on the website does not guarantee that the product will remain available at that price.

We take reasonable care to display correct prices, but errors may occur, including pricing errors, typographical errors, product feed errors, freight calculation errors, GST errors, promotional errors, supplier data errors, system errors or human mistakes.

7. Pricing Errors and Order Cancellation

Placing an order and making payment does not automatically mean that your order has been accepted by us.

Any automated order confirmation, payment receipt, invoice generated by the website, or email acknowledging your order is an acknowledgement that we have received your order. It is not final acceptance of the order unless we have confirmed acceptance or dispatched the goods.

We may reject, cancel or correct an order before dispatch if there is a genuine error, including but not limited to:

• incorrect product price;
• incorrect freight charge;
• incorrect discount;
• incorrect GST calculation;
• incorrect product image;
• incorrect product title or description;
• incorrect pack size;
• incorrect stock availability;
• supplier price change;
• supplier discontinuation;
• website, software, integration or data-feed error;
• human mistake;
• obvious or unreasonable pricing discrepancy.

Where we identify a pricing, freight, stock or listing error, we may withdraw the product from sale until the issue is corrected.

If your order is affected by a genuine error, we will contact you and offer one of the following options where reasonably available:

• proceed with the order at the corrected price or corrected freight charge;
• substitute an equivalent or alternative product, if suitable and agreed;
• cancel the affected item and refund the amount paid for that item;
• cancel the full order and refund the amount paid.

We are not required to supply a product at an incorrect price where the price was displayed by genuine mistake, provided we act reasonably, correct the issue and refund any payment received if the order does not proceed.

8. Stock Availability and Just-in-Time Supply

Our business operates on a wide product range and a just-in-time supply model. We do not hold all products in stock at all times. Some products are ordered from suppliers after a customer places an order.

Stock availability displayed on the website may not always reflect actual stock available from us, our suppliers, distributors or manufacturers.

We may cancel or refund an order, in whole or in part, if:

• the product is unavailable;
• the supplier cannot supply the product;
• the supplier changes the price materially;
• the product has been discontinued;
• the supplier imposes a minimum order quantity;
• freight is unavailable, impractical or incorrectly calculated;
• delivery to the nominated address is not possible;
• the order cannot be fulfilled within a reasonable time;
• the product is restricted, hazardous, bulky or unsuitable for the selected delivery method.

If a product is unavailable, we will contact you where practical and offer a refund, backorder, substitute product or revised delivery timeframe.

9. Order Acceptance

We reserve the right to accept or reject any order before dispatch.

An order is accepted only when we confirm acceptance in writing or dispatch the goods. We may accept part of an order and reject or cancel another part of the order.

We may refuse or cancel an order where we reasonably suspect fraud, reseller abuse, unauthorised use of payment details, incorrect customer information, abusive conduct, bad-faith purchasing, website misuse or a breach of these Terms.

10. Payment

Payment must be made using one of the payment methods available at checkout.

We do not store credit card details. Card payments are processed by third-party payment providers.

An order may not be processed until payment has cleared. If a payment is reversed, declined, disputed, charged back or found to be unauthorised, we may cancel the order, recover the goods, suspend the account, or seek recovery of outstanding amounts and reasonable costs.

11. Delivery and Freight

Delivery timeframes are estimates only and are not guaranteed unless expressly agreed in writing.

Estimated delivery is usually 5 to 7 business days to metro capital city areas and may take longer for regional, remote, bulky, hazardous, special-order or supplier-direct items.

Delivery may be delayed due to supplier availability, freight capacity, public holidays, weather, road conditions, dangerous goods restrictions, address issues, courier delays, stock shortages or other circumstances outside our control.

We are not liable for loss, damage, delay, loss of income, loss of business, downtime, machinery delay or consequential loss caused by delivery delay, except to the extent required by law.

12. Free Delivery Offers

We may offer free delivery on selected brands, products, order values or metro areas. Free delivery applies only where it is displayed and selected at checkout or confirmed by us in writing.

Free delivery may not apply to regional areas, remote areas, bulky goods, drums, IBCs, dangerous goods, tailgate deliveries, residential deliveries, difficult-access sites or special freight services.

If free delivery is selected incorrectly due to a website or freight calculation error, we may contact you to request payment of the correct freight charge or offer cancellation and refund.

13. Delivery Address and Site Access

Customers must provide a complete and accurate delivery address, contact name, phone number and delivery instructions.

For large, heavy or industrial goods, the customer must ensure that the delivery site has safe and suitable access, unloading equipment, forklift access where required, and an authorised person available to receive goods.

Additional charges may apply for redelivery, waiting time, address correction, failed delivery, tailgate service, hand unload, residential delivery, remote delivery or special access requirements.

14. Risk and Title

Risk in the goods passes to the customer when the goods are delivered to the nominated address, collected by the customer, collected by the customer’s carrier, or left in accordance with delivery instructions.

Title to the goods passes only when we have received full cleared payment for the goods and any applicable freight, fees or charges.

15. Authority to Leave

If you give authority to leave goods unattended, you accept the risk of theft, loss, weather exposure, damage or unauthorised access after delivery.

We may refuse authority-to-leave delivery for high-value, bulky, hazardous or restricted goods.

16. Customer Cancellations

Because many products are ordered from suppliers specifically for customer orders, we do not automatically accept cancellation requests after an order has been placed.

A customer cancellation may be refused where the product has already been ordered from the supplier, dispatched, collected, specially ordered, custom made, allocated, packed or prepared for delivery.

Where we agree to a customer cancellation, we may deduct reasonable costs already incurred, including supplier restocking fees, freight charges, payment processing fees and handling costs, except where prohibited by law.

This clause does not limit your rights under the Australian Consumer Law.

17. Special Orders and Custom Orders

Special-order, custom-order, non-stocked, supplier-direct, made-to-order, bulk, indent, imported or specially procured products cannot be cancelled, returned or exchanged for change of mind unless we agree in writing or unless required by law.

A product may be treated as a special order if it is not normally held by us in stock, is ordered specifically for you, is supplied in bulk quantity, is imported or procured specifically for your order, or is identified as special order before or after purchase.

18. Returns, Refunds and Exchanges

We will comply with all obligations under the Australian Consumer Law.

You may be entitled to a repair, replacement, refund, credit or other remedy if a product fails to meet a consumer guarantee.

We do not provide refunds or exchanges for change of mind, incorrect ordering, incorrect product selection, over-ordering, no longer needing the product, finding a cheaper product elsewhere, packaging changes, label changes, or customer error, unless we agree in writing.

Returned goods must be in original condition, unopened, unused, undamaged and in original packaging unless the return relates to a fault, defect, consumer guarantee issue or another right that cannot be excluded by law.

We may refuse a return where the product has been opened, used, contaminated, mixed, decanted, damaged, incorrectly stored, partly consumed, tampered with or is no longer in saleable condition, unless required by law.

19. Faulty, Damaged or Incorrect Goods

If you believe goods are faulty, damaged, defective, incorrectly supplied or not as described, you must contact us as soon as reasonably possible and provide:

• order number or invoice number;
• customer name and contact details;
• product name;
• photographs of the product, label, batch number, packaging and damage;
• description of the issue;
• whether the goods have been opened, used, installed, mixed, stored or decanted.

We may need to inspect the product, request further information, contact the manufacturer, obtain testing, or request return of the goods before determining the appropriate remedy.

Do not dispose of, use, mix, alter or continue using a product that you claim is faulty or incorrectly supplied unless we or the manufacturer instruct you to do so.

20. Manufacturer Warranties

Some products may be covered by manufacturer warranties, approvals or guarantees. Manufacturer warranties are provided by the relevant manufacturer, not by us, unless expressly stated.

Manufacturer warranties are in addition to, and do not replace, rights under the Australian Consumer Law.

We may assist with manufacturer warranty claims where reasonable, but the final assessment may depend on the manufacturer’s investigation, product testing, usage conditions, storage conditions and application.

21. Product Suitability and Customer Responsibility

Customers are responsible for checking that the product ordered is suitable for their vehicle, machinery, equipment, application, operating conditions and manufacturer specifications.

Before purchasing or using any lubricant, oil, grease, coolant, additive or industrial fluid, customers should check the relevant owner’s manual, OEM specification, product data sheet and safety data sheet.

Any product recommendation given by us is based only on information provided by the customer and is general in nature unless confirmed in writing for a specific application.

We are not liable for incorrect product selection where the customer provided incomplete, inaccurate or unclear information, or failed to check OEM requirements.

22. Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect, consequential, incidental, special or economic loss, including loss of profit, loss of revenue, loss of business, loss of production, machinery downtime, loss of opportunity, damage to reputation or third-party claims.

Where liability cannot be excluded but can be limited, our liability is limited, at our option and to the extent permitted by law, to:

• replacement of the goods;
• supply of equivalent goods;
• repair of the goods;
• payment of the cost of replacing the goods;
• payment of the cost of obtaining equivalent goods;
• refund of the amount paid for the affected goods.

This clause does not limit rights or remedies that cannot be limited under the Australian Consumer Law.

23. Instructional and General Information Content

We may publish product guides, application notes, technical articles, comparison information, instructional videos or other helpful content.

This content is general information only and is not a substitute for manufacturer instructions, professional advice, mechanical advice, engineering advice, safety advice or chemical handling advice.

You must always consult the relevant manufacturer’s instructions, product data sheet, safety data sheet and equipment manual before using any product.

24. Website Accuracy and Availability

We aim to keep the website available and accurate, but we do not guarantee that the website will be uninterrupted, error-free, secure, current or free from viruses.

We may update, change, suspend or remove website content, products, prices, promotions, availability information or functionality at any time.

25. Intellectual Property

All website content, including text, product descriptions, images, graphics, logos, layout, design, data, code and other materials, is owned by us or licensed to us.

You may view and use the website for personal or business purchasing purposes only. You must not copy, reproduce, distribute, modify, scrape, publish or commercially exploit any website content without our written consent.

26. Third-Party Links

Our website may contain links or references to third-party websites, manufacturers, suppliers, data sheets or resources. We do not control third-party websites and are not responsible for their content, accuracy, availability or practices.

27. Cookies and Website Tracking

Our website may use cookies and similar technologies to operate the website, improve user experience, analyse traffic, manage accounts, support checkout functions and assist with marketing.

You may disable cookies in your browser settings, but some website features may not work properly.

28. Privacy

We handle personal information in accordance with our Privacy Policy and applicable privacy laws.

By using the website or placing an order, you consent to us collecting, using and disclosing personal information for purposes including order processing, payment processing, delivery, customer service, fraud prevention, marketing where permitted, legal compliance and business administration.

29. Force Majeure

We are not liable for failure or delay caused by events beyond our reasonable control, including supplier delays, manufacturer shortages, freight disruption, strikes, accidents, natural disasters, extreme weather, fire, flood, pandemic, government action, war, cyberattack, power failure, system outage, port delay, fuel shortage or transport disruption.

If an event beyond our control prevents or delays supply, we may extend the delivery timeframe, cancel the affected order, provide a refund, or offer an alternative product where available.

30. Business Customers

Where goods are purchased for business, trade, industrial, commercial or resale purposes, the customer is responsible for ensuring the goods are suitable for the intended use and for complying with all workplace, safety, environmental, transport and storage obligations.

To the extent permitted by law, business customers must not make claims against us for loss of production, loss of income, loss of contract, equipment downtime, labour costs, workshop delays or consequential loss arising from product selection, delivery delay, supplier delay or stock unavailability.

31. Promotions, Discounts and Coupon Codes

Promotions, discount codes, sale prices and special offers are subject to availability and may be withdrawn or changed without notice.

Promotions cannot be applied retrospectively unless we agree in writing.

We may cancel or reverse a promotion, discount or coupon code if it was applied incorrectly, used contrary to its terms, used fraudulently, or caused by a website, data-entry or system error.

32. Accounts

Customers are responsible for maintaining the confidentiality of account login details and for all activity under their account.

You must notify us immediately if you suspect unauthorised access or use of your account.

We may suspend or close an account where we reasonably suspect misuse, fraud, security risk, abusive conduct, unpaid amounts or breach of these Terms.

33. Errors, Omissions and Corrections

We reserve the right to correct any error, omission, inaccuracy or discrepancy on the website, including after an order has been placed.

This includes errors relating to price, freight, product description, pack size, image, availability, specification, promotion, coupon code, stock level or delivery estimate.

Where an error affects an order, we will act reasonably and provide the customer with available options, including corrected supply, substitution, cancellation or refund.

34. Complaints and Dispute Resolution

If you have a concern about an order, product, delivery, payment or service, please contact us first so we can attempt to resolve the matter.

Please provide your order number, contact details, product details and a clear description of the issue.

We will review the matter and respond within a reasonable time.

35. Changes to these Terms

We may update these Terms from time to time. The version published on our website at the time you place an order will generally apply to that order.

Continued use of the website after changes are published means you accept the updated Terms for future use and future orders.

36. Governing Law

These Terms are governed by the laws of Victoria, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth courts of Australia.

37. Contact Details

Marvell Lubricant Pty Ltd
Trading as Oila and Oil and Grease Centre
ABN 31 657 001 888
3/50 Barry Street
Bayswater VIC 3153
Australia

Please contact us through the contact details displayed on our website.