Please read these Terms of Service ("Terms") carefully before using the https://southernbm.com.au website ("Service") operated by SouthernBM ("we", "us", "our").

By accessing, browsing, or purchasing from our Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

1. Eligibility and Acceptance of Terms

Eligibility and Capacity

Our products are offered for sale to individuals aged sixteen (16) years or older. By placing an order through our website, you confirm that you meet this age requirement and that you have the legal capacity to enter into a binding contract.

Acceptance of These Terms

Your use of the Service, including browsing, ordering, or completing a transaction, constitutes acceptance of these Terms at the time of each visit or transaction.

Intellectual Property and Website Use

All content on this website, including text, images, product descriptions, graphics, logos, and design elements, is owned by or licensed to SouthernBM and is protected by Australian and international intellectual property laws. You must not reproduce, distribute, modify, display, or exploit any part of the Service without prior written consent.

You agree not to misuse the Service, including engaging in fraudulent activity, attempting to interfere with website functionality, scraping or automated data collection, or using the Service for unlawful or unauthorised purposes. SouthernBM reserves the right to suspend or restrict access to the Service for misuse or breach of these Terms.

2. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, store, and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

By using the Service, placing an order, or providing personal information to us, you consent to the handling of your personal information as described in our Privacy Policy. Our Privacy Policy forms part of these Terms and is available on our website.

3. Website Content, Products, Intended Use and Responsibility

Website Information Disclaimer

Information provided on this website is for general information purposes only. While we make reasonable efforts to ensure accuracy, content may be updated, corrected, or changed without notice. Specifications, compatibility information, and product descriptions should be independently verified prior to purchase.

Performance Parts and Intended Use

SouthernBM specialises in performance automotive parts and accessories. Some products sold through our Service may be intended for off-road, track, motorsport, or competition use only and may not be compliant with road regulations in all jurisdictions.

Fitment, Compatibility and Legal Compliance

It is the customer's responsibility to determine whether a product is suitable, legal, and appropriate for their intended use, vehicle, and location. Compatibility, fitment, and suitability are the responsibility of the purchaser. Fitment or compatibility issues do not constitute a fault or defect where the product supplied matches the description provided at the time of purchase. Performance parts may alter vehicle characteristics, emissions, drivability, reliability, and compliance.

Installation and Limitation of Liability

Unless otherwise stated, products should be installed by a suitably qualified professional. To the fullest extent permitted by law, SouthernBM accepts no liability for loss, damage, injury, or consequential issues arising from incorrect product selection, improper installation, misuse, modification, or failure to follow manufacturer instructions.

4. Pricing, Currency and Errors

Pricing and Currency

All prices displayed on the Service are in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable.

Pricing Errors and Corrections

We endeavour to ensure pricing accuracy; however, errors may occur. SouthernBM reserves the right to correct pricing errors and to cancel or refund any affected orders prior to dispatch. Prices may be changed at any time without notice and do not apply retrospectively.

Promotions and Discount Codes

Promotions, discount codes, and special offers are subject to specific terms and conditions and may be withdrawn or modified at any time. Discount codes are limited to one per order unless otherwise stated and may not be combined unless expressly permitted. SouthernBM reserves the right to cancel orders where promotions or discount codes are misused, applied incorrectly, or where fraudulent, bulk, resale, or automated purchasing activity is suspected.

Typographical and Clerical Errors

SouthernBM is not bound by typographical, clerical, or other errors in product descriptions, pricing, specifications, or availability information displayed on the Service.

5. Orders, Payment and Contract Formation

All orders require full payment at the time of purchase unless otherwise agreed in writing.

We accept payment via secure third-party payment providers including Stripe, PayPal, Zip Pay, and direct bank transfer (EFT). SouthernBM does not store or have access to your full payment details. All transactions are processed in accordance with the security and compliance standards of the relevant provider.

For payments made via direct bank transfer (EFT), orders will not be processed, released, or shipped until full cleared funds have been received in our bank account. Processing times may vary depending on your financial institution, and delays in clearance do not constitute grounds for cancellation or refund.

By submitting payment or placing an order, you confirm that all order details are accurate and that you are authorised to use the selected payment method. Payment, or confirmation of cleared payment in the case of EFT, constitutes your acceptance of a binding contract of sale governed by these Terms.

SouthernBM reserves the right to refuse, place on hold, or cancel any order at its discretion, including in cases of suspected fraud, payment disputes, failed transactions, or pricing errors.

SouthernBM products are sold for personal, consumer use unless otherwise agreed in writing. SouthernBM reserves the right to refuse, cancel, or limit orders where we reasonably believe products are being purchased for resale, export, commercial redistribution, or other unauthorised commercial purposes.

SouthernBM may record product identifiers such as serial numbers or batch numbers at dispatch for warranty assessment, fraud prevention, and dispute resolution purposes.

6. Wholesale and Trade Accounts

Eligibility and Approval

SouthernBM may, at its sole discretion, offer wholesale, trade, or commercial accounts to approved customers, including workshops, installers, resellers, fleet operators, or other businesses. Approval of a wholesale or trade account is not guaranteed and may be withdrawn at any time.

Commercial Nature of Trade Purchases

Purchases made through a wholesale or trade account are commercial transactions and may be subject to separate trade terms where issued. Retail pricing, promotions, consumer-focused refund policies, delivery estimates, and voluntary warranties may not apply unless expressly agreed in writing.

Returns, Cancellations and Refunds

Unless otherwise agreed in writing, change-of-mind returns, sale protections, and the 30-Day Money Back Guarantee do not apply to wholesale or trade purchases. Wholesale and trade orders may be subject to minimum order quantities, non-refundable deposits, restocking fees, supplier-imposed cancellation restrictions, or extended lead times.

Reclassification of Orders

SouthernBM reserves the right to reclassify an order as a wholesale or commercial purchase where we reasonably believe the goods are being acquired for resale, installation, export, or other commercial use, regardless of the payment method or account used at checkout.

Australian Consumer Law

Nothing in this section excludes or limits any rights that cannot be excluded under Australian Consumer Law.

7. Stock Availability and Delivery Estimates

Product Availability Information

Product availability displayed on the Service is provided as a guide only and is based on current stock levels at SouthernBM and information supplied by manufacturers and suppliers.

Stock Status Definitions

In Stock (Green / "In Stock")

Items marked as In Stock are currently held at SouthernBM. Most in-stock orders are dispatched within one (1) to two (2) business days. Orders placed using the Click & Collect option are typically ready for collection within one (1) to two (2) hours during normal business hours, unless otherwise advised.

Available to Order (Yellow / "Available to Order")

Items marked as Available to Order are not currently held in stock at SouthernBM and must be ordered from the supplier or manufacturer. Estimated delivery or lead times displayed on the product page are estimates only and may vary due to supplier availability, production schedules, shipping delays, or other factors outside our control.

No Longer Available (Red / "No Longer Available")

Items marked as No Longer Available have been discontinued and are no longer available for purchase. Please contact us for assistance in identifying suitable alternatives.

Dispatch and Delivery Timeframes

All orders are dispatched from our Melbourne warehouse. Once dispatched, most orders are delivered Australia-wide within one (1) to five (5) business days, depending on location and courier service. Delivery timeframes are estimates only and are not guaranteed.

Click & Collect

Items listed on our website are not available for in-store pickup without prior purchase. Customers wishing to collect their order must select the Click & Collect option at checkout. We will notify you once your order is ready for collection.

Orders must be collected within fourteen (14) calendar days of notification that the order is ready for collection, unless otherwise agreed in writing.

If a Click & Collect order is not collected within this period, SouthernBM reserves the right to:

• cancel the order;
• return the goods to stock (where applicable); and
• issue a refund to the original payment method, less a reasonable handling and restocking fee to cover administration, storage, processing, and transaction costs, where permitted by law.

If the goods were specially ordered, customised, or obtained specifically for the customer, cancellation may be subject to supplier-imposed charges, non-recoverable costs, or restocking fees, where permitted under Australian Consumer Law.

SouthernBM may, but is not obliged to, contact the customer prior to cancellation. Failure to collect an order does not constitute a change-of-mind return under the 30 Day Money Back Guarantee.

Nothing in this clause limits your rights under Australian Consumer Law.

Delays and Material Changes

All availability and delivery timeframes are estimates only and do not constitute a guarantee. Delays caused by suppliers, manufacturers, couriers, customs processes, or events beyond our control do not constitute grounds for cancellation or refund.

Where a delivery delay becomes materially longer than the original estimated timeframe (having regard to the nature of the product, supplier lead times, and information reasonably available to us at the time of listing), SouthernBM may, at its discretion, offer the customer the option to continue with the order or cancel the order, subject to any non-recoverable supplier or manufacturer costs, where permitted under Australian Consumer Law.

Unavailable Products

SouthernBM reserves the right to cancel and refund any order where a product becomes unavailable from the manufacturer or supplier.

8. Shipping, Delivery and Risk

Shipping and Delivery

Orders are shipped using third-party courier services selected by SouthernBM. Shipping costs are calculated at checkout based on order size, weight, and destination.

Risk and Proof of Delivery

Risk of loss or damage passes to you upon delivery to the nominated address, subject to Australian Consumer Law.

Delivery confirmation provided by the courier is considered proof of delivery unless demonstrated otherwise.

Customers are responsible for ensuring that delivery addresses are secure and accessible at the time of delivery.

Incorrect Address and Courier Delays

SouthernBM is not responsible for delivery issues arising from incorrect or incomplete address details provided by the customer. While we will assist with reasonable delivery enquiries, SouthernBM is not liable for courier delays, loss, or damage once goods are in transit, except where required under Australian Consumer Law.

Inspection, Transit Damage and Shortage Claims

Customers must inspect all goods within seven (7) calendar days of delivery and notify SouthernBM in writing of any visible damage, incorrect items, shortages, or missing components.

Notification must include the order number, a detailed description of the issue, and clear photographic evidence of the goods and all packaging (including external packaging) where applicable.

Failure to notify SouthernBM within seven (7) calendar days of delivery may limit our ability to lodge a claim with the courier or supplier. Where notification is unreasonably delayed, SouthernBM reserves the right to refuse a replacement, credit, or claim for damage, shortage, or incorrect supply where the issue cannot reasonably be verified as having occurred prior to or at the time of delivery.

The seven (7) day inspection requirement applies to visible damage, shortages, or incorrect supply at delivery and does not limit warranty claims for manufacturing defects that become apparent after reasonable use.

This clause does not exclude, restrict, or modify any rights you may have under Australian Consumer Law in relation to goods that are faulty, not as described, or subject to a consumer guarantee.

Return Shipping Responsibility

For change-of-mind returns, customers are responsible for all return shipping costs and original shipping charges are non-refundable.

Freight Forwarding and Export Orders

Where orders are delivered to freight forwarding services, third-party logistics providers, or export agents, SouthernBM's responsibility ends at the point of delivery to that address. SouthernBM is not responsible for loss, damage, delays, customs issues, or warranty claims arising after goods are forwarded or exported outside Australia. This does not exclude any rights that cannot be excluded under Australian Consumer Law.

Australian Consumer Law

Where a return, repair, or replacement is required under Australian Consumer Law due to a fault or failure, SouthernBM will comply with its statutory obligations, which may include covering reasonable return shipping costs where applicable.

Where available, tracking information will be provided once an order has been dispatched.

9. Collection and Installation Services

Collection of goods from our Moorabbin location may be available by prior arrangement. Installation services may be offered for certain products at an additional cost and may be subject to separate terms and conditions.

10. Title to Goods

Title to goods passes to you once payment has been received in full and the goods have been delivered.

11. Digital Products, Software and Licensing

Software, tuning files, licences, access codes, activation keys, and other digital products are supplied under a limited, non-exclusive, non-transferable licence for personal use only, unless otherwise stated.

Third-Party Software Platforms

Where SouthernBM supplies access codes, activation keys, or licences for third-party software platforms (including but not limited to bootmod3), SouthernBM's role is strictly limited to supplying the licence or facilitating access to the relevant platform.

SouthernBM does not develop, author, modify, customise, or control any third-party software, tuning files, calibrations, maps, updates, or related digital content made available through those platforms.

All tuning software, calibrations, file revisions, updates, and technical functionality are developed, supplied, and managed exclusively by the third-party software provider.

Customer Acknowledgement and Responsibility

By purchasing or using any software licence or digital tuning product supplied by SouthernBM, you acknowledge and agree that:

• Performance software may alter engine operation, emissions systems, drivetrain behaviour, vehicle performance characteristics, and component longevity.
• The use of performance software may void manufacturer warranties.
• Regulatory requirements, emissions compliance standards, and road legality vary between jurisdictions.
• It is your responsibility to determine whether use of the software is lawful and suitable for your intended use and location.
• SouthernBM does not provide engineering certification, emissions compliance advice, or regulatory approval in relation to third-party tuning software.

Installation and Use

Where SouthernBM provides services such as DME bench unlocking or software flashing, those services are limited to performing the requested procedure using the customer's authorised software account. SouthernBM does not alter, rewrite, or custom-develop third-party calibration files unless expressly agreed in writing.

Customers remain responsible for ensuring that their vehicle is mechanically suitable, properly maintained, and in appropriate condition prior to installation or use of performance software.

Limitation of Liability — Digital Products

To the fullest extent permitted by law, SouthernBM is not liable for loss, damage, mechanical failure, loss of warranty, regulatory penalties, compliance issues, or consequential loss arising from:

• The performance, operation, or functionality of third-party software;
• The installation or use of tuning files or calibration maps;
• Vehicle modifications undertaken by the customer or third parties;
• Or reliance on representations made by third-party software providers.

Digital Products are deemed supplied once access credentials, licence codes, or activation rights have been issued and are non-refundable except where required under Australian Consumer Law.

Nothing in this section excludes, restricts, or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law.

12. Warranty Policy

Manufacturer Warranty Coverage

Unless otherwise stated in the product description, goods sold by SouthernBM are covered by a twenty-four (24) month manufacturer warranty from the original date of purchase.

Original Purchaser Requirement

Manufacturer warranties and any voluntary warranties offered by SouthernBM apply only to the original purchaser of the product and are not transferable, unless otherwise stated in writing.

Proof of purchase from SouthernBM is required for all warranty claims. Products acquired second-hand, through private resale, or from unauthorised sellers may not be eligible for warranty assessment or remedy under a manufacturer or voluntary warranty.

This clause does not exclude or limit any rights that may be available under Australian Consumer Law.

What the Warranty Covers

This warranty covers manufacturing defects only. It does not cover damage caused by misuse, incorrect or unprofessional installation, modification, neglect, accidents, exposure to extreme conditions, normal wear and tear, or transport damage.

Warranty claims do not extend to damage occurring after delivery as a result of storage, handling, or installation by the customer or third parties.

Exclusions and Misuse

Products that have been modified, incorrectly installed, improperly maintained, or used outside the product's intended scope may be refused warranty assessment or remedy, where permitted under Australian Consumer Law.

Warranty Assessment and Remedies

All warranty claims must be assessed by SouthernBM. If a claim is approved, products will be repaired or replaced at our discretion. Refunds for faults are provided only where required under Australian Consumer Law.

Repairs or modifications carried out by unauthorised third parties will void all warranties.

13. Refund Policy and 30-Day Money Back Guarantee

30-Day Money Back Guarantee

SouthernBM offers a 30-day money back guarantee on eligible items, calculated from the date of purchase.

To be eligible for a return, items must be unused, uninstalled, undamaged, and returned in their original packaging with all components, accessories, and documentation included. Proof of purchase is required for all returns.

For the purposes of this policy, test fitting, trial installation, or removal after fitment constitutes installation.

Return Approval Process

All return requests must be approved by SouthernBM via email prior to the item being shipped back. Returns sent without prior written approval may be refused, returned to the sender, or deemed ineligible for refund.

Refund Method and Processing Time

Approved refunds are issued to the original payment method, unless otherwise agreed in writing. Refunds are typically processed within five (5) to ten (10) business days after the returned item has been received and inspected, however processing times may vary depending on the payment provider and financial institution.

Claims relating to transit damage, shortages, or incorrect supply are assessed under Section 8 (Shipping, Delivery and Risk) and are not considered change-of-mind returns under this Refund Policy.

Non-Returnable Items

Certain items are not eligible for return or refund unless required under Australian Consumer Law. These include, but are not limited to, coding, tuning, flashing, or programming equipment; software or digital products; oils, fluids, hazardous or flammable materials; gift cards; special-order items; painted, customised, or made-to-order products; and any item that has been installed or attempted to be installed.

Inspection and Condition of Returns

All returns are subject to inspection upon receipt. Items returned in a condition that does not meet eligibility requirements may be refused or subject to a partial refund at our discretion.

Restocking and Cancellation Fees

In some cases, particularly where items are not normally held in stock and have been ordered in specifically for a customer, approved returns may be subject to a restocking or cancellation fee of up to twenty percent (20%), reflecting supplier charges, inspection, handling, administration, and restocking costs, where permitted by law.

Return Shipping and Risk

Customers are responsible for all return shipping costs. Return shipments should be sent using a trackable and insured shipping service. SouthernBM accepts no liability for returns that are lost, damaged, misdelivered, or delayed in transit. Original shipping charges are non-refundable.

Requests After the 30-Day Period

Requests for refunds or returns made after the 30-day money back guarantee period has expired will not be accepted for change of mind. After this period, any request for a refund, repair, or replacement will be assessed solely in accordance with the product warranty and your rights under Australian Consumer Law. SouthernBM reserves the right to refuse returns outside the 30-day period where Australian Consumer Law does not require a remedy.

Goodwill Resolutions

In certain circumstances, SouthernBM may, at its sole discretion, offer a goodwill resolution outside of this Refund Policy. Goodwill resolutions may include, but are not limited to, an exchange, store credit, or partial refund. The form and value of any goodwill resolution will be determined by SouthernBM on a case-by-case basis, does not set a precedent, and does not constitute an admission of liability or an ongoing obligation.

Goodwill resolutions are offered without prejudice and do not limit or replace your rights under Australian Consumer Law.

14. Sale and Promotional Events

Items purchased during sale events, promotional periods, or using discount codes are subject to special conditions. Unless required by Australian Consumer Law, all sale or discounted items are considered final sale. Sale items cannot be cancelled, returned, or refunded after twenty-four (24) hours from the time the order is placed (AEST/AEDT), regardless of whether the item has been dispatched or is on backorder.

15. Chargebacks and Payment Disputes

If you experience an issue with an order, you agree to contact SouthernBM first to allow us the opportunity to resolve the matter before initiating a chargeback or payment dispute.

We maintain transaction records including order confirmations, shipping confirmations, delivery proof, and acceptance of these Terms at checkout. Unjustified chargebacks may result in order cancellation, account suspension, or refusal of future orders.

This section does not limit your rights under Australian Consumer Law.

16. Australian Consumer Law

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.

Nothing in these Terms is intended to exclude, restrict, or modify your rights under Australian Consumer Law.

17. Limitation of Liability

To the fullest extent permitted by law, SouthernBM is not liable for indirect, incidental, or consequential loss arising from use of the Service or products supplied. Our total liability in connection with any claim is limited to the amount paid for the product giving rise to the claim.

18. Indemnity

You agree to indemnify and hold harmless SouthernBM from claims arising from misuse of the Service, products, breach of these Terms, or breach of law.

This clause survives termination.

19. Force Majeure

SouthernBM is not liable for failure or delay in performance caused by events beyond our reasonable control, including supplier delays, transport disruptions, industrial action, natural disasters, pandemics, or government restrictions.

20. Reviews and User Content

Reviews and testimonials reflect individual opinions only and do not constitute guarantees. SouthernBM is not responsible for third-party content.

21. Termination

SouthernBM reserves the right to suspend or terminate access to the Service at any time without notice if you breach these Terms.

22. Dispute Resolution

You agree to contact SouthernBM and allow a reasonable opportunity to resolve disputes in good faith before commencing legal proceedings.

23. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria.

24. Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.

25. Entire Agreement

These Terms constitute the entire agreement between you and SouthernBM in relation to the Service and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

26. No Waiver

Any failure or delay by SouthernBM to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

27. Assignment

SouthernBM may assign or transfer its rights and obligations under these Terms without restriction, including as part of a business sale, restructure, or transfer of assets. You may not assign or transfer your rights or obligations under these Terms without prior written consent.

28. Survival

Clauses relating to liability, indemnity, warranties, refunds, dispute resolution, and governing law survive termination.

29. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated where reasonably practicable. Continued use of the Service constitutes acceptance of the updated Terms.

30. Contact Us

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