Shipping Protection - Terms, Conditions & Coverage Policy

These Terms, Conditions and Coverage Policy govern the optional Shipping Protection service offered by Southbound Racing in connection with eligible physical products.

By selecting and purchasing Shipping Protection during checkout, the customer confirms that they have read, understood and agreed to these Terms and Conditions.

Shipping Protection provides additional replacement coverage where a Protected Order cannot be successfully delivered because of an eligible carrier-related delivery failure. Shipping Protection is intended to cover carrier-related loss, misdelivery and non-delivery while an order is in transit.

Where a claim is approved, the customer’s entire Protected Order will be replaced at no additional product or standard replacement shipping cost, subject to the terms of this policy.

Shipping Protection does not cover delivery failures caused by incorrect or incomplete information supplied by the customer, customer or recipient action or inaction, customs or import requirements, or circumstances occurring after successful delivery.

1. Definitions

For the purposes of this policy:

“Carrier” means the courier, postal provider, freight company, delivery contractor or other transportation provider responsible for transporting or delivering the Protected Order.

“Carrier-Related Delivery Failure” means an event occurring within the carrier’s transportation or delivery process that results in the Protected Order being lost, misdelivered or otherwise not successfully delivered.

“Customer” means the individual or entity that purchased the relevant Protected Order.

“Eligible Physical Product” means a physical product sold by Southbound Racing for which Shipping Protection was offered and purchased during checkout.

“Protected Order” means the specific order for which Shipping Protection was selected and paid for during checkout.

“Recipient” means the individual or entity named as the recipient of the Protected Order.

“Replacement” means the replacement of a Protected Order approved under this policy.

“Shipping Protection” means the optional additional protection service governed by this policy.

“Successful Delivery” means delivery of the shipment to the correct nominated delivery address or another location validly authorised by the customer or recipient.

2. Nature and Scope of Shipping Protection

Shipping Protection is an optional additional protection service intended to provide replacement coverage where a Protected Order cannot be successfully delivered because of an eligible Carrier-Related Delivery Failure.

Shipping Protection is intended to cover carrier-related non-delivery broadly, subject only to the exclusions and requirements expressly identified in this policy.

Shipping Protection is not:

Product insurance;
Protection against product faults or manufacturing defects;
Protection against change-of-mind purchases;
Protection against incorrect or incomplete delivery information;
Protection against customer or recipient action or inaction;
Protection against customs, import or border-control requirements;
Protection against theft or loss occurring after Successful Delivery;
A guarantee that delivery will occur by a particular date; or
A substitute for any rights or remedies available under applicable consumer law.

Coverage applies only to circumstances expressly permitted under this policy.

3. Eligibility Requirements

Shipping Protection will apply only where all of the following requirements have been satisfied:

Shipping Protection was selected and paid for when the Protected Order was placed;
The Protected Order contains one or more Eligible Physical Products;
Shipping Protection was available for the applicable order at checkout;
The shipment has experienced an eligible Carrier-Related Delivery Failure;
The customer supplied accurate and complete order, contact and delivery information;
The customer or recipient has not caused or materially contributed to the delivery failure;
The delivery failure does not arise from customs, import, government or regulatory action excluded under this policy;
The customer and recipient have taken reasonable steps to facilitate successful delivery;
The claim has been submitted within the applicable claim period; and
All information and supporting documentation reasonably requested by Southbound Racing have been provided.

Shipping Protection applies only to the specific Protected Order for which it was purchased.

Shipping Protection cannot be transferred, assigned or applied to another order, customer, recipient or shipment.

4. Covered Carrier-Related Delivery Failures

Subject to assessment and verification by Southbound Racing, Shipping Protection may apply where a Protected Order is not successfully delivered because of any Carrier-Related Delivery Failure occurring while the shipment is within the carrier’s transportation or delivery network.

Covered circumstances include, but are not limited to:

Loss while in transit;
Theft while in the possession or control of the carrier;
Misdelivery;
Delivery to an incorrect address due to carrier error;
Incorrect sorting or routing;
Carrier mishandling;
Carrier processing errors;
Incorrect or premature carrier tracking scans;
Parcels incorrectly marked as delivered;
Delivery-driver error;
Parcel locker errors;
Collection-point or postal-depot errors;
Carrier depot errors;
Freight or transportation errors;
Damage occurring during transportation where the shipment can no longer be successfully delivered;
Destruction of a shipment while in carrier possession;
Carrier operational or administrative errors;
Carrier system or network failures;
Delivery network congestion;
Carrier staffing shortages;
Industrial action affecting the carrier;
Transport interruptions;
Service suspensions;
Vehicle, aircraft, vessel or mechanical failures;
Weather-related disruption;
Natural disasters affecting the carrier’s delivery network;
A shipment being incorrectly returned to Southbound Racing;
A carrier being unable to recover or complete delivery of a misdirected shipment; or
Any other event occurring within or affecting the carrier’s transportation or delivery process that results in permanent non-delivery.

The particular cause of the carrier’s failure does not need to fall within one of the specific examples above.

Where the customer has complied with their obligations under this policy and the carrier ultimately fails to successfully deliver the Protected Order for a carrier-related reason, the matter may be eligible for coverage.

5. Delayed Shipments

Shipping Protection does not apply merely because a shipment is delayed.

A shipment will not ordinarily be considered permanently undelivered where:

Tracking remains active;
The shipment remains in transit;
The carrier continues to indicate that delivery is expected;
A temporary operational delay is being experienced;
The shipment is awaiting redelivery;
The shipment is temporarily held at a carrier facility;
The carrier is investigating its location; or
There remains a reasonable possibility that successful delivery will occur.

Southbound Racing may defer assessment of a claim while there remains a reasonable possibility that the carrier will successfully complete delivery.

A shipment may be treated as non-delivered where:

The carrier confirms that the shipment has been lost;
The carrier confirms that successful delivery cannot be completed;
The shipment has been misdelivered and cannot reasonably be recovered;
The shipment has been destroyed or rendered undeliverable;
The shipment has been permanently returned because of carrier error; or
Sufficient time and evidence establish that successful delivery is no longer reasonably expected.

6. Incorrect or Incomplete Delivery Information

Shipping Protection does not cover any delivery failure, delay, loss or return arising from incorrect, incomplete, outdated, misleading or invalid information supplied by the customer or recipient.

This exclusion includes circumstances involving:

An incorrect street address;
An incorrect postcode;
An incorrect suburb, city, state, province, territory or country;
An omitted or incorrect apartment, unit, suite, floor or building number;
An incorrect recipient or business name;
An incorrect email address or telephone number;
An address that does not exist;
An address that is inaccessible or unable to receive deliveries;
An address from which the recipient has moved;
An address that does not satisfy the carrier’s delivery requirements;
Insufficient delivery instructions; or
A request to alter or redirect the delivery address after dispatch.

The customer is responsible for reviewing and confirming the accuracy of all order, contact and delivery information before completing the purchase.

Any delivery issue resulting from incorrect or incomplete information supplied by the customer or recipient is outside the scope of Shipping Protection.

Where the information supplied was accurate and complete but the carrier nevertheless delivers the shipment to an incorrect location, that event may constitute a covered Carrier-Related Delivery Failure.

7. Customer or Recipient Action or Inaction

Shipping Protection does not apply where the customer or recipient has caused or materially contributed to the delivery failure.

This includes circumstances where the customer or recipient:

Refuses delivery;
Rejects the shipment;
Requests cancellation after dispatch;
Requests that the shipment be returned;
Fails to respond to Southbound Racing;
Fails to respond to the carrier;
Fails to provide information reasonably required for delivery;
Fails to collect a shipment within the required period;
Fails to attend a delivery where attendance or signature is required;
Is unavailable to receive a shipment where personal delivery is required;
Requests redirection after dispatch;
Provides incorrect delivery instructions;
Abandons the shipment;
Instructs the carrier to dispose of or return the shipment; or
Otherwise prevents or materially interferes with successful delivery.

A claim may also be declined where the customer or recipient fails to take reasonable steps to resolve a delivery issue after being contacted by Southbound Racing or the carrier.

8. Customs, Import and Government Exclusions

Shipping Protection applies to carrier-related delivery failures only.

It does not cover unsuccessful delivery caused by:

Customs refusal;
Customs seizure or confiscation;
Customs detention;
Import restrictions;
Border-control requirements;
Government or regulatory action;
Law-enforcement seizure;
Failure to obtain a required permit, licence, approval or authorisation;
Unpaid customs duties;
Import taxes;
Tariffs;
Brokerage charges;
Clearance charges;
Government fees or penalties;
A product being prohibited or restricted from entering the destination country; or
Failure by the customer or recipient to satisfy applicable import or customs requirements.

Where a separate Import Protection product has been purchased, an eligible customs-related event may instead be assessed under the applicable Import Protection policy.

9. Successful Delivery and Post-Delivery Loss

Shipping Protection covers eligible carrier-related events occurring before Successful Delivery.

A shipment will generally be considered successfully delivered where the carrier has correctly delivered the parcel to:

The delivery address provided with the order;
An authorised safe location at that address;
A parcel locker selected or authorised by the customer;
A collection location selected or authorised by the customer;
An alternative delivery address validly authorised by the customer; or
Another delivery location expressly authorised by the customer or recipient.

Shipping Protection does not cover:

Theft after Successful Delivery;
Loss after Successful Delivery;
A parcel being removed from the customer’s property after valid delivery;
Theft following a valid authority-to-leave delivery;
Damage occurring after Successful Delivery; or
Disputes arising solely because another person at the nominated address accepted the delivery.

A carrier-generated “delivered” scan does not automatically establish Successful Delivery where reliable evidence indicates that the shipment was misdelivered, incorrectly scanned or delivered to an incorrect location because of carrier error.

10. Product and Order Exclusions

Shipping Protection applies only to Eligible Physical Products contained in a Protected Order.

Shipping Protection does not apply to:

Digital products;
Downloadable content;
Electronically supplied products;
Gift cards;
Services;
Products that were not eligible for Shipping Protection at checkout;
Products added under a separate order;
Products purchased after the Protected Order was completed;
Product faults;
Manufacturing defects;
Products damaged before dispatch;
Products damaged after Successful Delivery;
Dissatisfaction with a product;
Change-of-mind requests;
Accidental purchases;
Incorrect size selections;
Incorrect colour selections;
Incorrect design selections;
Incorrect quantity selections;
Customer-provided personalisation errors; or
Circumstances occurring before Shipping Protection was purchased.

Faulty, incorrect or misdescribed products are assessed separately under Southbound Racing’s Returns, Refunds & Exchange Policy.

11. Losses and Expenses Not Covered

Shipping Protection provides order-replacement coverage only.

Shipping Protection does not cover or reimburse:

Loss of income;
Loss of profit;
Loss of revenue;
Loss of business;
Loss of opportunity;
Loss of use;
Loss of production time;
Reputational loss;
Indirect loss;
Incidental loss;
Consequential loss;
Exemplary or punitive loss;
Travel expenses;
Accommodation expenses;
Event expenses;
Production expenses;
Rescheduling costs;
Replacement-hire costs;
Legal expenses;
Payment-provider fees;
Foreign-exchange differences;
Bank charges;
Customs duties;
Import taxes;
Government charges;
Penalties or fines; or
Compensation for inconvenience, distress, disappointment or delay.

Shipping Protection is limited to the replacement remedy expressly described in this policy.

12. Customer Responsibilities

To maintain eligibility under Shipping Protection, the customer must:

Provide complete and accurate contact and delivery information;
Ensure that the recipient’s details are complete and accurate;
Monitor tracking information associated with the Protected Order;
Monitor the email address and telephone number supplied with the order;
Respond reasonably promptly to communications from Southbound Racing;
Respond reasonably promptly to communications from the carrier;
Follow reasonable carrier instructions relating to delivery or collection;
Take reasonable steps to assist with successful delivery;
Notify Southbound Racing promptly after becoming aware of a potentially eligible delivery failure;
Retain relevant tracking information, delivery notices and correspondence;
Submit complete and accurate information in support of the claim; and
Cooperate reasonably with Southbound Racing during the assessment process.

Failure to satisfy these responsibilities may delay assessment or result in the claim being declined where that failure caused, materially contributed to or prevents reasonable verification of the delivery failure.

13. Submitting a Shipping Protection Claim

All Shipping Protection claims must be submitted by email to:

support@southboundracing.com

The email subject line should state:

Shipping Protection Claim — Order [Order Number]

The claim submission should include:

The customer’s full name;
The relevant Southbound Racing order number;
The shipment tracking number;
The protected delivery address;
The recipient’s name;
A description of the delivery issue;
The date on which the customer became aware of the issue;
Copies or screenshots of relevant tracking information;
Relevant correspondence received from the carrier;
Any carrier confirmation of loss, misdelivery, damage, return or non-delivery; and
Any additional information reasonably required by Southbound Racing.

Claims must be submitted within fourteen (14) days after the customer receives formal confirmation that the shipment has been lost, misdelivered, destroyed, permanently returned or otherwise cannot be successfully delivered.

Where no formal carrier confirmation is available, Southbound Racing may accept a claim within fourteen (14) days after the circumstances reasonably establish that successful delivery is no longer expected.

A claim will not be treated as complete until Southbound Racing has received sufficient information to identify the Protected Order and reasonably assess the circumstances.

Submitting a claim does not constitute automatic approval or an admission of liability by Southbound Racing.

14. Assessment and Verification of Claims

All claims are subject to assessment and verification by Southbound Racing.

As part of the assessment process, Southbound Racing may obtain or verify information from:

The customer;
The recipient;
The carrier;
Southbound Racing’s fulfilment provider;
Delivery contractors;
Tracking systems;
Payment providers; or
Any other relevant party.

Southbound Racing may review:

Tracking records;
Tracking events and movement history;
Delivery scans;
GPS or delivery-location information where available;
Delivery photographs;
Proof-of-delivery records;
Carrier investigation results;
Return-to-sender records;
Carrier correspondence; and
Information supplied by the customer.

The customer authorises Southbound Racing to use and disclose relevant order, customer, shipment and delivery information to the extent reasonably necessary to assess the claim.

Southbound Racing may defer its decision while:

Tracking remains active;
The shipment remains in transit;
The carrier is conducting an investigation;
The shipment may still be recovered;
Redelivery remains available;
The shipment is being returned;
Further information has been requested;
The customer has not supplied all reasonably requested information; or
Additional verification is reasonably required.

Southbound Racing may decline a claim where the available evidence does not reasonably establish an eligible Carrier-Related Delivery Failure.

15. Approved Claims and Entire Order Replacement

Where Southbound Racing approves a Shipping Protection claim, Shipping Protection will provide replacement of the customer’s entire Protected Order at no additional cost.

The replacement will ordinarily:

Include all Eligible Physical Products forming part of the Protected Order;
Correspond with the originally purchased products;
Retain the original size, colour, design and other specifications where reasonably available;
Be subject to product and stock availability;
Be shipped using a standard delivery method selected by Southbound Racing; and
Be sent to the original delivery address unless Southbound Racing approves an alternative address.

Southbound Racing will not charge the customer:

The purchase price of the replacement products;
A second Shipping Protection fee; or
Standard shipping for the approved replacement.

The replacement remedy applies to the entire Protected Order even where only part of the original shipment experienced the eligible Carrier-Related Delivery Failure.

Where part of the original Protected Order was successfully delivered before a claim relating to another part of the order was approved, Southbound Racing may require the successfully delivered products to be returned before or in connection with the entire-order replacement.

Where Southbound Racing requires such a return, Southbound Racing will provide appropriate return instructions and cover the reasonable standard cost of returning those products.

16. Replacement Product Availability

All replacements remain subject to product availability at the time the Shipping Protection claim is approved.

Southbound Racing cannot guarantee that an identical size, colour, design or product will remain available during the claim assessment period.

Where an identical replacement cannot reasonably be supplied, Southbound Racing may provide:

Another available size, colour or design of the same product;
A reasonably comparable product;
Store credit equivalent to the amount paid for the unavailable product; or
A refund for the unavailable product.

Where a refund is approved for an unavailable product, it will be processed to the original payment method within ten (10) business days following approval.

The customer’s bank, card issuer or payment provider may require additional time to process the transaction and make the funds available.

Shipping Protection does not provide an automatic entitlement to a cash refund where replacement remains reasonably available.

17. Maximum Coverage

The maximum value available under Shipping Protection is limited to the amount actually paid for the Eligible Physical Products contained in the Protected Order.

The maximum coverage amount excludes:

The Shipping Protection fee;
Express or upgraded shipping charges beyond the standard replacement service;
Customs duties;
Import taxes;
Tariffs;
Brokerage fees;
Clearance charges;
Government charges;
Payment-provider fees;
Foreign-exchange differences;
Penalties or fines; and
Indirect or consequential losses.

Shipping Protection does not increase the value of the Protected Order or entitle the customer to receive compensation exceeding the amount actually paid for the eligible products.

18. Replacement Shipment Conditions

An approved replacement shipment remains subject to the requirements of successful delivery.

The original Shipping Protection purchase will continue to apply to an approved replacement shipment where that replacement itself experiences an eligible Carrier-Related Delivery Failure before Successful Delivery.

The customer will not be required to purchase Shipping Protection again solely because an approved replacement shipment was required.

The customer remains responsible for:

Confirming the accuracy of the replacement delivery address;
Responding to carrier communications;
Complying with reasonable delivery requirements; and
Avoiding any act or omission excluded under this policy.

Coverage does not continue indefinitely and does not apply to circumstances occurring after Successful Delivery.

19. Original Shipment Delivered After Replacement

In some circumstances, an original shipment may subsequently be located or delivered after an approved replacement has already been dispatched or received.

Where both the original Protected Order and the replacement are ultimately received, Southbound Racing may require the customer to:

Refuse delivery of one shipment where reasonably possible; or
Return one of the duplicate shipments using return instructions supplied by Southbound Racing.

Where Southbound Racing requires the return of a duplicate shipment, Southbound Racing will cover the reasonable standard cost of that return.

The customer must not knowingly retain duplicate products after Southbound Racing has reasonably requested their return.

20. Shipping Protection Fee

The Shipping Protection fee is charged in consideration for the additional coverage described in this policy.

Once the Protected Order has been dispatched and Shipping Protection coverage has commenced, the Shipping Protection fee is generally non-refundable, including where:

The shipment is successfully delivered;
No claim is submitted;
A submitted claim is declined;
The customer no longer requires Shipping Protection;
The customer changes their mind;
The relevant delivery issue falls outside the scope of Shipping Protection; or
No eligible Carrier-Related Delivery Failure occurs.

This section does not limit any right or remedy that cannot lawfully be excluded.

21. Fraud, Misrepresentation and Abuse

Southbound Racing may decline, suspend, cancel or withdraw a claim where there is reasonable evidence of:

Fraud or attempted fraud;
False or misleading information;
Altered, fabricated or incomplete documentation;
Material information being deliberately withheld;
A false declaration of non-delivery;
A claim concerning products that were successfully delivered;
Collusion with another person;
Deliberate interference with delivery;
Repeated or abusive claims;
Compensation already received from a carrier, bank, insurer, payment provider or another third party;
An undisclosed chargeback or payment dispute; or
An attempt to obtain compensation exceeding the customer’s actual eligible loss.

Where Southbound Racing has supplied a replacement based on false, incomplete or misleading information, Southbound Racing may require the replacement to be returned or require reimbursement of its reasonable value, subject to applicable law.

22. Duplicate Recovery

The customer must disclose whether they have submitted or received compensation through:

A carrier or postal claim;
A bank dispute;
A payment-provider dispute;
A chargeback;
An insurance claim;
Another protection service; or
Any other third-party recovery process.

Shipping Protection is not intended to provide duplicate compensation or duplicate replacement for the same loss.

Where the customer has already received full compensation or a replacement for the Protected Order from another source, Southbound Racing may take that compensation or replacement into account when determining the appropriate remedy, subject to applicable law.

23. Relationship With Southbound Racing’s Other Policies

Shipping Protection operates separately from Southbound Racing’s:

Returns, Refunds & Exchange Policy;
Shipping and delivery terms;
Product terms;
Website terms and conditions; and
Any other applicable store policy.

A circumstance excluded from Shipping Protection may still be considered separately under another applicable Southbound Racing policy.

An exclusion under this policy means only that the particular circumstance is not covered by the optional Shipping Protection service. It does not necessarily mean that no remedy is available under another Southbound Racing policy or applicable law.

Faulty, incorrect or misdescribed products will continue to be assessed under the Returns, Refunds & Exchange Policy rather than Shipping Protection.

Change-of-mind requests will also remain subject to the separate exchange requirements contained in that policy.

24. Limitation of Shipping Protection Coverage

Shipping Protection is limited exclusively to the additional replacement coverage expressly described in this policy.

To the maximum extent permitted by law, Southbound Racing’s liability under Shipping Protection will not exceed the amount actually paid for the Eligible Physical Products contained in the Protected Order.

To the maximum extent permitted by law, Southbound Racing will not be liable under Shipping Protection for indirect, incidental, special, consequential, exemplary or economic loss arising from or associated with:

Shipment or transportation;
Carrier delay;
Carrier non-delivery;
Claim assessment;
Replacement availability;
Replacement dispatch;
Replacement delivery; or
Any delay associated with those processes.

Nothing in this section limits liability to the extent that it cannot lawfully be excluded or limited.

25. Australian Consumer Law and Statutory Rights

Shipping Protection is an optional additional protection service.

It does not exclude, restrict or replace any consumer guarantee, statutory right or remedy that cannot lawfully be excluded.

A customer’s rights under the Australian Consumer Law are not dependent upon the purchase of Shipping Protection.

Where Southbound Racing is legally required to provide a refund, replacement or other remedy independently of Shipping Protection, those rights will continue to apply regardless of whether Shipping Protection was purchased.

Nothing in this policy is intended to exclude, restrict or modify any right, guarantee, condition, warranty, remedy or liability where doing so would be unlawful.

26. Amendments to This Policy

Southbound Racing may amend this policy from time to time to reflect changes to its services, operational requirements or applicable laws.

Unless otherwise required by law, a Shipping Protection claim will ordinarily be assessed under the version of this policy that was in effect when Shipping Protection was purchased.

Any amendment will not retrospectively reduce coverage already purchased for an existing Protected Order.

27. Severability

If any provision of this policy is determined to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it valid and enforceable.

Where that is not possible, the affected provision will be severed from this policy.

The remaining provisions will continue in full force and effect.

28. Contacting Southbound Racing

All Shipping Protection claims, supporting documents and related enquiries must be directed to:

Email: support@southboundracing.com

To assist Southbound Racing in identifying and assessing the matter efficiently, all correspondence should include the relevant order number and shipment tracking number.

Customers should also provide all supporting information and documentation relevant to the claim.

Claims must be submitted within fourteen (14) days after the customer receives formal confirmation that the shipment has been lost, misdelivered, destroyed, permanently returned or otherwise cannot be successfully delivered.

Where formal confirmation is unavailable, Southbound Racing may assess a claim where the circumstances reasonably demonstrate that successful delivery is no longer expected.