Underground Performance (EMS Partner)

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern EMS Carparts’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘EMS Carparts’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 2063 Dandenong Rd, Clayton VIC 3168. Our ABN is 61 626 905 226. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

General Terms and Conditions, Privacy Policy, and Shipping Policy

1. General Terms and Conditions:

By using this website, you agree to comply with and be bound by the following terms and conditions, which, along with our Privacy Policy and Shipping Policy, govern our relationship with you concerning this website. If you disagree with any part of these terms and conditions, please do not use our website.

2. Privacy Policy:

2.1 Information Collection:

We collect the following information:

• Contact information, including email address
• Demographic information such as postcode, preferences, and interests
• Other information relevant to customer surveys and/or offers

2.2 Use of Information:

We use the collected information for:

• Internal record keeping
• Improving our products and services
• Sending promotional emails about new products, special offers, or other information
• Contacting you for market research purposes and customizing the website according to your interests

2.3 Security:

We are committed to ensuring the security of your information through suitable physical, electronic, and managerial procedures.

2.4 Cookies:

We use cookies to analyze web traffic, personalize content based on preferences, and improve our website. You can choose to accept or decline cookies in your browser settings.

2.5 Links to Other Websites:

Our website may contain links to other websites. We are not responsible for the privacy practices of such sites.

2.6 Controlling Personal Information:

You can restrict the collection or use of your personal information and update your preferences at any time.

2.7 Corrections:

If you believe any information we hold about you is incorrect, please contact us for prompt correction.

3. Pricing:

3.1 Quotes:

Prices are subject to change without notice. EMS Carparts reserves the right to adjust prices due to factors such as exchange rates, tax changes, or other reasons. Liability for price increases rests with the purchasing party. 

3.2 Pricing Errors on Website:

In the event of a pricing error on our website, EMS Carparts reserves the right to correct the error and adjust the price accordingly. If you have placed an order at an incorrect price due to a website error, we will contact you to discuss the corrected price before proceeding with the order. EMS Carparts is not obligated to fulfill orders at incorrect prices listed on the website.

3. Return Policy:

4.1 Eligibility:

Most items are returnable within 30 days from the date of purchase, except perishable goods, hazardous materials, and special orders.

4.2 Restocking Fees:

A restocking fee of 15% (or more at our discretion) may be applied for "change of mind" returns to cover expenses.

4.3 Return Process:

To initiate a return, contact our customer service for a Return Authorization (RA) number. Items must be returned in their original packaging.

4.4 Shipping for Returns:

Customers are responsible for return shipping costs. Original shipping rates are non-refundable unless the return is due to our error.

4.5 Refunds:

Upon receiving and inspecting the returned item, we will process the refund to the original payment method within 7-10 business days.

4.6 In-Store Return Option:

Items purchased online can be returned to our EMS Melbourne locations.

4.7 Packing Materials:

Return items in their original packaging, including all tags and accessories, for a smooth return process.

5. Information Security:

We take reasonable steps to secure all information stored electronically and do not store credit card information.

6. Cancellation:

Cancellation requests must be submitted within one business day of placing an order. A cancellation fee will be imposed to cover administrative and logistical expenses. Once the order has exceeded one business day, cancellations may not be accepted, or a fee will be incurred.

7. Shipping Policy:

7.1 Estimated Delivery Times:

Delivery times vary based on location. East coast metro areas can expect delivery within 1 week from dispatch.

7.2 Dispatch Time:

In-stock items will be processed and dispatched within 1 - 3 business days.

7.3 Backorder and Pre-Order Items:

Backorder items may have processing times of 2 to 4 weeks. Estimated restocking dates will be provided.

7.4 Shipping Fees:

Shipping fees are calculated based on weight, dimensions, and location. Shipping and handling costs are subsidized in most cases.

7.5 Order Tracking:

Upon dispatch, you will receive a tracking number to monitor your shipment's progress.

7.6 Shipping Restrictions:

Oversized or hazardous items may have shipping restrictions. We do not ship to P.O. boxes.

7.7 International Shipping:

International shipping is available to select countries. Contact our customer support team for information on shipping options and fees.

8. Legal Compliance:

Peformance products sold are generally for closed track and road use. Customers must verify legality for road use. EMS Carparts is not responsible for non-compliant road use. Some products are for closed track use only. Customers acknowledge and accept these terms upon purchase.

9 Warranty:

9.1 Everyday Road Use and Maintenance Guidelines:

For everyday road use, please refer to the manual or original equipment (O.E) recommended use guidelines and replacement procedures.

If you are unsure of correct procedures, it is required that you seek professional services or advice.

9.2 Replacing Brake Pads & Rotors:

Pads will need to have rotors replaced or machined. For rotors, replacement pads are needed to ensure proper bonding to reduce the risk of noise and vibration. Further, no copper paste should be used when making replacement pads or discs. It is imperative that a proper clean is undertaken before replacement of pads or rotors.

9.3 Replacing Suspension & Related Components:

For suspension it’s required that all replacement parts are torqued to O.E specifications.

9.4 Brake Maintenance and Towing Considerations:

If towing regularly , it is recommended to consider brake upgrades to ensure optimal performance.

9.5 Guidelines For Performance Products:

It's important to note that some of our performance products may be designed for racing use. For any performance modifications, please ensure compliance with local regulations. EMS Car Parts does not take responsibility for any performance parts not complying with local regulations.

9.6 Guidelines For Electrical & Special Order Products:

Electrical components and special orders (items not in stock and needing to be ordered from the manufacturer) are non-returnable. Warranty still applies covering defects in materials and workmanship under normal and acceptable usage conditions.

10: EMS Rewards Program

10.1 Rewards Accrual and Expiry:

The EMS Rewards Program ("Program") allows eligible customers to earn rewards dollars equivalent to 2% of the transaction value, excluding freight charges, on qualifying purchases made through EMS Carparts ("EMS"). Rewards dollars accrued through the Program expire 90 days from the date of purchase.

10.2 Exclusions:

EMS reserves the right to exclude certain items from qualifying for rewards points under the Program. Such exclusions will be clearly indicated in the terms and conditions or at the point of purchase.

10.3 Eligibility:

Participation in the Program is open to retail customers only. Wholesale or commercial customers are not eligible to participate.

10.4 Maximum Rewards Amount:

The maximum rewards value that can be received in a single transaction is $30 AUD. Any transaction exceeding this limit will not be eligible for additional reward dollars beyond this amount.

10.5 Modifications and Termination:

EMS reserves the right to modify, suspend, or terminate the EMS Rewards Program, in whole or in part, at any time and for any reason, without prior notice.

Contact Information:

For any questions or concerns, please contact our customer support team. We are dedicated to ensuring a seamless and satisfactory experience with EMS Carparts.

This privacy policy sets out how we uses and protects any information that you give us when you use this website.

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

• name and job title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.