Terms & Conditions

  1. Terms and Conditions for 14-day money back or exchange:
    1. By purchasing a Vehicle from Otto, you agree to be bound by these Terms and Conditions (and the other terms and conditions and policies referred to in these terms and conditions and any other notices) as amended from time to time.
    2. These Terms and Conditions apply to all sales of used passenger vehicles within the Otto network to Consumers. For the avoidance of doubt, these Terms and Conditions shall not apply to any employee within the Otto network.
    3. If You purchase an eligible used vehicle from Otto and You change Your mind as to its suitability or otherwise then, subject to these Terms and Conditions, You may return the vehicle within 14 days of the Delivery Date. You must return the Vehicle to Otto within the relevant 14-day period and it must be returned in the same condition as it was when you purchased it (save for mileage) (NB the condition of the vehicle at the point of sale will be determined by an appraisal document completed by Otto).
    4. If You experience any issues accessing Otto or have any questions, please contact your Otto representative.
  2. Definitions and Interpretation

    In these Terms and Conditions, unless the context requires otherwise, the following definitions apply:

    1. ‘Australian Consumer Law’ means being Schedule 2 to the Competition and Consumer Act 2010.
    2. ‘Otto’ means automotive dealerships, showrooms, outlets and/or online stores, which retail used motor vehicles owned by Autopact 4 Pty Ltd and its subsidiaries trading under the name ‘Otto’.
    3. ‘Business Days’ means Mondays to Saturdays, other than public holidays at the particular Otto location.
    4. ‘Day’ or ‘Days’ means any day including a Saturday or Sunday or public holiday.
    5. ‘Delivery Date’ means the day on which You take physical possession of the Vehicle.
    6. ‘Purchase Contract’ means the contract for the sale and purchase of the Vehicle naming You as the purchaser and Otto or a related party as the vendor.
    7. ‘Purchase Price’ means the total final driveaway price for the Vehicle including all accessories, third party insurance and/or warranty products, government charges and fees etc, as set out in the Purchase Contract.
    8. ‘Return Notice’ has the meaning ascribed to that term in clause 4.
    9.  ‘Return Period’ means the period commencing on the Delivery Date and expiring on the day that is 14 days after the Delivery Date (with the Delivery Date being “Day 1”).
    10. ‘Return Date’ means the date upon which You return the Vehicle and Otto has agreed to accept the return.
    11. ”Vehicle’ means a used passenger vehicle that You wish to purchase from Otto, the details of which are set out in the Purchase Contract.
    12. ‘Vehicle Price’ means the amount allocated as the price of the Vehicle on the Purchase Contract, exclusive of any applicable state and federal taxes and duties, accessories, third party products or government fees or charges.
    13. ‘You’ means the final retail purchaser of the Vehicle as set out on the Purchase Contract to whom these Terms and Conditions apply and ‘Your’ has a corresponding meaning.
  3. Purchasing a Vehicle
    1. If You wish to purchase a vehicle from Otto, You are responsible for entering into a sale and purchase agreement with Otto, for paying the Purchase Price and, as applicable, agreeing to a trade-in arrangement with Otto in relation to a vehicle that You own, the value of which (Trade-In Value) will be credited towards the Purchase Price.
    2. Ownership of the Vehicle will pass to You upon receipt by Otto of full and cleared funds in the amount of the Purchase Price (less any Trade-In Value), subject to the terms of the Purchase Contract.
    3. Otto does not warrant that the information disclosed to You by Otto is accurate or complete. It is Your responsibility to undertake appropriate due diligence prior to entering into Purchase Contract with Otto for the purchase of the Vehicle. Although Otto has made every effort to display the Vehicle accurately on its online platform, the Vehicle’s actual appearance may vary from the images and representations on the Otto online platform. You acknowledge that you have made your own independent inquiries and have not relied on the Otto online platform as the sole basis for any decision to purchase the Vehicle.
  4. 14-day money back or exchange

    Unless otherwise set out in these Terms and Conditions, all consumer purchases of Otto used vehicles come with a 14-day money back or exchange. Such benefit is available on the following terms and is subject to the following conditions set out below. To return the Vehicle under the 14-day money back or exchange, You must:

    1. be a consumer as defined under Australian Consumer Law.
    2. notify Otto of Your intention to return the Vehicle and the reason for the return (“Return Notice”), within the Return Period (NB Any Return Notice served after the Return Period will be rejected by Otto and Otto will have no further obligation to consider the claim or accept the return of the Vehicle).
    3. make an appointment to return the Vehicle to the same location it was purchased from within the Return Period (unless otherwise agreed by Otto).
    4. at Your own cost, return the Vehicle to Otto as directed by Otto, in the same state and condition as it was in on the Delivery Date (save for reasonable mileage and having regard to Otto’s condition report), including the return of:
      1. all keys; and
      2. all parts, accessories and handbooks and other items supplied with the Vehicle. This may include (but is not limited to): parcel shelf; spare tyre; tools or tyre inflation kit; alloy wheel locking key; owner’s manuals, warranty and service handbooks, and satellite navigation disc/SD Cards; and
      3. the Vehicle with no less than a quarter tank of fuel.
    5. not have covered a distance of more than 500 kilometres in the Vehicle during the Return Period. For the purposes of this clause, the kilometres covered shall be calculated from the odometer reading on the Delivery Date, as recorded by Otto.
    6. ensure that as at the Return Date, the Vehicle is free from any financial lien, charge or encumbrance*** (NB Otto may deduct an amount to any refund or credit it may otherwise give you under the Terms and Conditions, to lift any encumbrance including any sums required to settle any financial lien, charge or encumbrance).
  5. In the event that any of the Terms and Conditions in clause 4 are not met by You, Otto, in its absolute discretion, reserves the right to:
    1. refuse to accept the return of the Vehicle under the 14-day money back or exchange; or
    2. to deduct a reasonable sum from any credit or refund of the Vehicle Price so as to ensure the conditions set out in clause 4 are met, including to obtain title free of any encumbrance or to put the Vehicle back in the condition it was in at or on the Delivery Date.
  6. For the avoidance of doubt, You remain responsible for the Vehicle whilst it is in your possession or control, including maintaining comprehensive insurance and associated documents until You have successfully returned the Vehicle to Otto.
  7. You agree that You will be liable for any speeding/driving offences and all Toll notices/ infringements committed whilst You are in possession or control of the Vehicle. Where Otto becomes aware of any parking fine, speeding fine, infringement or other penalty after providing a credit or processing a refund, You agree to promptly fill out all necessary paperwork to transfer the fine/infringement/penalty to You (if required) and to otherwise pay Otto the amount required to directly cover the costs arising from such fines, infringements or penalties, within 14 days’ written notice from Otto of such amounts by Otto.
  8. The 14-day money back or exchange benefit is only available on a maximum of two purchases per consumer per residential address in any given 12-month period.
  9. If the Vehicle is returned damaged, such damage may include (but is not limited to) the following: scratched or damaged wheels or tyres; damaged paintwork, bodywork, glass or interior; scratches, dents, stains; removal or rectification due to the addition of non-genuine or non-standard parts or accessories, engine retuning, remapping, etc; damage or excessive soiling caused by any means including children or animals, etc; or any other issues noted that detract from the Vehicle’s value since purchase, Otto can at its absolute discretion either reject or accept the return of the Vehicle. . If Otto accepts the return of the Vehicle, Otto shall be entitled to deduct from any refund or credit (in addition to any other deduction it is entitled to make under any other clause of these terms and conditions), (as the case may be), the reasonable costs of rectification of any damage caused to the Vehicle whilst the Vehicle was in Your possession or control. If any deductions to the refund/credit are to be made for any reasonable costs of rectification work needed, Otto will advise You before the refund/credit is made.
  10. For the avoidance of doubt, in the event that Otto accepts the return of the Vehicle, you authorise for a request for a refund of any duties to be lodged on your behalf with the relevant state jurisdiction. You authorise for any applicable refund of duties to be paid directly to the Otto nominated account. To the extent you originally paid the duty amount that is refunded, this will be passed on to you.
  11. For the avoidance of doubt, the 14-day money back or exchange only supports standard road use during the Return Period. On returning or attempting to return a Vehicle you expressly warrant to Otto that at no time during the Return Period has the Vehicle been used for any track, race, rally (motorsport), taxi, ride share Uber or commercial use, or off-roading. Otto reserves the right to reject any request for a credit or refund and/or to recover any loss or damage it may suffer as a result of your breach of this warranty.
  12. If you elect to purchase another vehicle, you will be:
    1. credited an amount to allocate toward the purchase of another vehicle within Otto’s stock (Swap Vehicle), equal to the Vehicle Price (plus applicable taxes and duties) less any deductions made under these Terms and Conditions (‘Credit Amount’);
    2. have a total of 5 Days from the Return Date to choose another vehicle to purchase within Otto’s stock.
    3. If you find a suitable Swap Vehicle, You must enter into a new Purchase Contract for the purchase of the Swap Vehicle. For the avoidance of doubt the 14-day money back or exchange will not apply to the purchase of the Swap Vehicle.
  13. If you elect to have a refund, the refund shall be paid in Australian $ dollars via an electronic transfer to the payment card from which the Purchase Price was paid, or if no payment card was used, to Your bank account. Please note that no repayment shall be made until any applicable registration documentation has been returned to Otto and the Vehicle has been accepted as having met the requirements of these Terms and Conditions. Otto may take up to 10 business days (plus any third-party processing time outside of Otto’s control) to process refunds to You subject to Otto being provided with any details required to process the refund.
  14. To the extent permitted by law, Otto reserves the right to retract or dishonour the 14-day money back or exchange, if Otto reasonably suspect any breach of applicable law, including in relation to fraud, money laundering, or other dishonesty relating to the purchase of the Vehicle or conduct during the Return Period.
  15. No reimbursement will be made for any supplementary or additional costs incurred by You during the purchasing process and is available under the 14-day money back or exchange. In particular, no reimbursement will be made for (amongst other things):
    1. Any amounts paid to third parties e.g. insurance premiums;
    2. Any pay out amount to alternative finance providers;
    3. the transfer of personalised plate transfers;
    4. any fuel left in the Vehicle at the point of return (noting that it is a requirement of return that the Vehicle must be returned with at least a quarter tank of fuel).
    5. Any aftermarket modifications unable to be reversed without damage during the 14 days period
  16. Nothing in these Terms and Conditions affect Your statutory rights as a Consumer. The 14-day money back or exchange is in addition to any such rights, including any rights You may have under the Australian Consumer Law.
  17. Trade in Vehicles:

    Where;

    1. You have purchased the Vehicle in whole or in part by way of Trade-In Vehicle; and
    2. have requested a refund; and
    3. Otto has agreed to process the refund;
  18. Otto will refund the Credit Amount plus the Trade-In Value (as set out in the Purchase Contract) to You, with ownership and title of the Trade-In Vehicle being retained by Otto.

  19. Warranty and additional Products

    In the event Otto agrees to refund You the Credit Amount, the amount charged for any associated Otto warranty purchased with the Vehicle will also be refunded and the warranty cancelled.

  20. Privacy
    1. In order to receive the benefits under these Terms and Conditions, You may be required to provide certain information (such as Your contact details and credit card details).
    2. Otto will handle any Personal Information (as defined in Australia’s Privacy Act 1988 (Cth) that it receives from Otto in accordance with the Autopact Group privacy policy. Our Privacy Policy, available online at https://www.autopact.com.au/privacy-policy .
  21. General
    1. Otto reserves the right to vary the Terms and Conditions of or withdraw the 14-day money back or exchange, at any time (provided that no such variation or withdrawal will affect your rights in relation to a vehicle already purchased at the time the variation or withdrawal comes into effect).
    2. In the event of any dispute as to the interpretation of these Terms and Conditions, the application of the same or otherwise, the decision of Otto shall be final.
    3. Except for the Vehicle Price, Otto shall not be liable for any claims, demands, damages, expenses or costs (including, without limitation, legal costs) incurred or made against it howsoever arising, whether directly or indirectly arising from the 14-day money back or exchange
    4. To the maximum extent permitted by law, these Terms and Conditions apply to the exclusion of all others (including any verbal statement or representation) in respect of the 14-day money back or exchange. Nothing in these Terms and Conditions will affect or limit your statutory rights.
    5. You indemnify Otto for all loss that Otto directly or indirectly sustains or incurs as a result of:
      1. a breach of any of the material terms of these Terms and Conditions by You; and
      2. any act or omission by You whilst a vehicle is in Your possession or control.
    6. Except as expressly stated otherwise in these Terms and Conditions and to the extent permitted by law:
      1. Otto is not liable for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of anticipated savings, loss of use, loss of reputation, loss of opportunity, loss of data or business interruption) suffered or incurred by You in connection with these Terms and Conditions and the use of Otto; and
      2. to the extent Otto is unable to exclude any liability under or in connection with these Terms, our maximum cumulative liability for all loss, damage, liability and expense suffered or incurred by You in connection with these Terms and your use of Otto, whether under contract, statute, in tort (including negligence) or otherwise, is limited to $500.
    7. All information provided by Otto is general in nature and does not constitute any form of advice and is provided ‘as is’ without warranty of any kind, express or implied, to the fullest extent possible under law.
    8. acknowledge and agree that Any vehicle inspection reports are issued subject to the Terms and Conditions specified within such reports.
    9. In the event of any conflict between these Terms and Conditions and those contained in the Purchase Contract, these Terms and Conditions shall prevail.
    10. These Terms and Conditions and any document expressly referred to in them represents the entire agreement between You and us (Otto) in relation to the 14-day money back or exchange.
    11. A person who is not a party to the benefits shall not have any rights under or in connection with them.
    12. These Terms and Conditions are governed by the laws of Queensland, Australia