BICYCLE BUYER PTY LTD
CUSTOMER SERVICE – (TERMS & CONDITIONS)
Last Updated January 2017
By placing an Order with Bicycle Buyer through the Website, You are accepting these Terms & Conditions. Please read these Terms & Conditions before placing an Order because they form the legal agreement made with Bicycle Buyer.
By using the Website to buy Bicycles or Bicycle Products online, You undertake and warrant that You are at least 18 years old.
Bicycle Buyer reserve the right to change these Terms & Conditions for buying Bicycles or Bicycle Products online from time to time. If this happens, Bicycle Buyer may notify You by posting the new Terms & Conditions for buying Bicycles or Bicycle Products online on the Website. If You do not wish to be governed by the revised Terms & Conditions for buying Bicycles or Bicycle Products online, You must not place any further Orders.
1. Bicycle Website Purchases
1.1 By completing and submitting an electronic Order form, You are making an offer to purchase Bicycles or Bicycle Products which, if accepted by us, will result in a binding contract.
1.2 Bicycle Buyer do not have to accept Your Order, and for example, we will not accept Your Order if:
a. Bicycle Buyer do not have the Bicycles or Bicycle Products in stock;
b. Your payment is not authorised;
c. There is an error on our Website regarding the price or other details of the Bicycles or Bicycle Products;
d. You have cancelled it and we have chosen to accept Your cancellation; or
e. Any other reason Bicycle Buyer deems reasonable appropriate in the relevant circumstances.
1.3 You must promptly advise us of any changes to Your information provided to us as part of the customer registration process.
1.4 Bicycles or Bicycle Products will not be sent or delivered until we have authorisation from Your payment card issuer. Bicycle Buyer will not be liable if there is a delay, and we will not accept Your Order if payment is not authorised.
1.5 Bicycle Buyer reserve the right to refuse any Order for any reason deemed reasonably necessary or appropriate by Bicycle Buyer in respect of an Order made.
1.6 Bicycle Buyer may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to You for that cancellation at any time if:
a. The requested Bicycles or Bicycle Products in that Order are not available;
b. There is an error in the price or the product description posted on the Website in relation to the relevant Bicycles or Bicycle Products in that Order;
c. That Order has been placed in breach of these terms and conditions;
d. If and when incorrect payment details, including credit card details, are supplied or where funds are not approved;
e. Where fraudulent activity is suspected / identified;
f. Where cleared funds have not been received; and
g. Bicycle Buyer reserves the right to reject an Order if, in its sole opinion, it is unacceptable.
2. Price and Payment Methods
2.1 You must pay the fees and charges applicable to the Bicycle Website using an online payment method including, by way of direct bank deposit, electronic funds transfer, cash credit card, through pay pal, cheque, or any other method specified by Bicycle Buyer from time to time.
2.2 The price for the Bicycles or Bicycle Products, services and/or subscriptions You Order, and any additional charges applicable to Your Transaction Order, will be quoted to You in the Online Cart applicable to those Bicycles or Bicycle Products and will also be indicated on Your Order confirmation/receipt.
2.3 Where the GST Act applies, You agree to pay any applicable Goods and Services Tax charged to in respect of the Bicycles or Bicycle Products and You acknowledge that the payment amount provided to You by Bicycle Buyer may be the Goods and Services Tax exclusive amount in which case Goods and Services Tax still remains payable by You.
Bicycle Buyer will charge You, and You agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
a. The purchase price in full of each Bicycles or Bicycle Products that is Ordered;
b. The delivery fee provided to You at the time You selected the relevant delivery window when placing Your Order; and
c. All cancellation fees for an Order that may be applicable from time to time; and
d. All other fees and charges applicable to an Order or a purchase of Bicycles or Bicycle Products whether or not set out in these terms and conditions.
2.5 All fees and charges identified in these terms and conditions and all prices for the Bicycles or Bicycle Products s are GST exclusive prices where applicable.
2.6 The purchase price of each Bicycles or Bicycle Products is shown on the Website at the time You place Your Order unless the purchase price of Bicycles or Bicycle Products on the Website is not the same or does not correspond to the actual price charged including by the relevant supplier, bike shop or manufacture in respect of the Bicycles or Bicycle Products.
3. Delivery of Bicycles or Bicycle Products
3.1 Bicycle Buyer will endeavour to supply all items publicised on the Website. Similarly, Bicycles or Bicycle Products may or may not be removed from the Website as soon as Bicycle Buyer becomes aware that those items are unavailable.
3.2 By placing an Order you hereby agree and release Bicycle Buyer in respect of all occasions, unavoidable or otherwise, when:
a. All or part of Your Order cannot be fulfilled immediately;
b. All or part of Your Order cannot be fulfilled at all; or
c. Where part of an Order cannot be fulfilled immediately, the part that can be supplied will be dispatched as soon as possible or not at all in some circumstances deemed reasonable by Bicycle Buyer.
3.3 Bicycle Buyer’s acceptance of Your Order implies that we will fulfil Your Order within the time specified to the best of our ability only in the relevant circumstances regarding Your Order.
4. Risk and title
4.1 Risk in the Bicycles or Bicycle Products s passes to You on the date and time of dispatch for delivery to Your delivery address or at the date and time of collection from a Bicycle Supplier.
4.2 Title to the Bicycles or Bicycle Products passes to You on the later of the date and time of:
a. Payment for those Bicycles or Bicycle Products;
b. Delivery of those Bicycles or Bicycle Products to Your delivery address; or
c. Collection of those Bicycles or Bicycle Products s from a Bicycle Supplier.
5. Intellectual Property
The materials displayed on the Website, including all editorial materials, information, photographs, illustration, artwork and other graphic materials, and names, logos and trademarks, are the property of Bicycle Buyer and are protected by copyright, trademark and other intellectual property laws. Any such content may be displayed and printed solely for Your personal and non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of Bicycle Buyer. Bicycle Buyer does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Website or in the user interface of the Website.
6.1 You provide the following warranties and acknowledgements in accordance with this agreement:
a. Bicycle Buyer is excluded from any liability to You, of any kind, in regards to the Bicycles or Bicycle Products howsoever arising, whether or not connected with the Website.
b. You expressly warrant to Bicycle Buyer, to the full extent permitted by law, that all information provided by You is accurate and not misleading.
c. You hold Bicycle Buyer harmless and indemnifies Bicycle Buyer against any loss, cost or expense resulting from the use and implementation of the Bicycles or Bicycle Products.
d. You warrant and hereby agree that You are hereby liable and wholly responsible for any damage to the reputation of Bicycle Buyer caused by any action or inaction done by You, including but not limited to any damage caused to Bicycle Buyer’s reputation caused by the use or implementation of social media, or internet resources.
e. Bicycle Buyer is not required or obliged to match any prices for any Bicycles or Bicycle Products, including matching any prices for a Bicycles or Bicycle Products that is available through any place other than the Website;
f. All pricing displayed on the Website may differ depending on the postcode You have selected (for example, the price for a Bicycles or Bicycle Products in Sydney may differ to the price for that same Bicycles or Bicycle Products in Melbourne); and
g. Prices for Bicycles or Bicycle Products may change from time to time and Bicycle Buyer may not provide any notice of these changes.
6.2 Bicycle Buyer agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
7.1 You warrant that:
a. All information and data provided by You to Bicycle Buyer through the Website (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
b. The person receiving the Bicycles or Bicycle Products or at the delivery address or collecting the Bicycles or Bicycle Products on Your behalf is authorised by You to do so; and
c. You have and will comply with all relevant laws relating to Your use of the Website and Your placement of any Order to us.
7.2 Bicycle Buyer attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
7.3 Care has been taken to ensure that the Bicycles or Bicycle Products and descriptions of them on the Website are accurate. Bicycle Buyer do not, however, promise or represent that it is accurate or free from errors or omissions and we reserve the right to make any necessary corrections. You should enquire with Bicycle Buyer directly to ensure the accuracy and currency of the material You seek to rely upon.
8.1 You hold Bicycle Buyer harmless and indemnifies Bicycle Buyer (and its subsidiaries, affiliates, officers, related parties, employees, contractors, agents, co branders or other partners) from and against any claims (including third party claims), actions, liabilities, damages, costs, charges or expenses (including but not limited to legal fees) Bicycle Buyer incurs or becomes liable to pay in respect of the subject matter of these Terms & Conditions, the Website, Confidential Information including any action taken by third parties against either of the Parties in respect of the subject matter of these Terms & Conditions.
8.2 You hereby agree to release and indemnify Bicycle Buyer in respect of any outstanding payments to any third party provided that any such payment is owed and incurred in connection with these Terms & Conditions or the Website.
8.3 You are liable for and agree to indemnify, defend and hold Bicycle Buyer harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
a. Any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
b. Any breach of these Terms & Conditions; and
c. Any misuse of the Bicycles or Bicycle Products, the Website or the Order from or by You, your employees, contractors or agents.
8.4 You agree to co-operate with Bicycle Buyer (at Your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of the Bicycles or Bicycle Products, the Website or the Order from or by You including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information You have given us.
8.5 The obligations under this clause will survive termination of these Terms & Conditions.
9.1 You, including your employees and contractors, agree not to disclose Bicycle Buyer Confidential Information to any third party; to use all reasonable endeavors to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by Bicycle Buyer to You, and not for any other purpose.
9.2 These obligations do not apply to Confidential Information that:
a. Is authorised to be disclosed;
b. Is in the public domain and/or is no longer confidential, except as a result of breach of these Terms & Conditions;
c. Is received from a third party, except where there has been a breach of confidence; or
d. Must be disclosed by law or by a regulatory authority including under subpoena.
9.3 The obligations under this clause will survive termination of these Terms & Conditions.
10. Consumer Guarantees
10.1 Bicycles or Bicycle Products 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 the Bicycles or Bicycle Products s repaired or replaced if the Bicycles or Bicycle Products s fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any service supplied by Bicycle Buyer to You fail to meet a consumer guarantee under the Australian Consumer Law.
10.2 Without excluding, restricting or modifying the rights and remedies to which You may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Bicycle Buyer 's liabilities under those provisions:
a. You acknowledge that each Bicycles or Bicycle Products is provided "as is" and that Bicycle Buyer do not make any warranty or representation as to the suitability of a Bicycle or Bicycles Products for any purpose;
b. Bicycle Buyer excludes all other implied terms and warranties, whether statutory or otherwise, relating to the Website, a Bicycle or Bicycles Products, or the subject matter of this Terms & Conditions; and
c. Bicycle Buyer will not be liable to You for indirect and consequential loss arising from or connected to this Terms & Conditions in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result Bicycle Buyer’s own negligence or willful misconduct.
10.3 Bicycle Buyer’s liability to You for loss or damage of any kind arising out of this Terms & Conditions or in connection with the relationship established by it is reduced to the extent (if any) that You cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
11.1 Bicycle Buyer may immediately suspend, terminate or limit Your access to and use of the Website, your Order or any matter or thing whatsoever and howsoever related to a Bicycle or Bicycles Products if You breach these Terms & Conditions and Bicycle Buyer so elects to terminate these Terms & Conditions (or part thereof) as a result of Your breach.
11.2 On termination of these Terms & Conditions You agree that any payments made are not refundable to You, and you are to pay all amounts outstanding or otherwise related to an Order.
12. Limitation of Liability
12.1 Bicycle Buyer is not responsible for any assembly of any Bicycle or Bicycles Products and the Parties agree this is particularly the case for Bicycle or Bicycles Products that would be shipped interstate or overseas.
12.2 You acknowledge that Bicycle Buyer is not responsible or legally in respect of a variation in terms, warranties and conditions for different Bicycle Supplier.
12.3 Bicycle Buyer liability is governed solely by the ACL and these Terms & Conditions unless otherwise required by law.
12.4 To the maximum extent permitted by law (most importantly the ACL) Bicycle Buyer disclaims all liability and all warranties with regard to the information and applications contained on the Website and Your use of the Website, including all implied warranties of merchantability and fitness.
12.5 Bicycle Buyer, its contractors, agents, or employees disclaim liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the use or performance of the Website whether in contract, at common law or in equity, or on any other basis.
12.6 The Website may contain links to external Websites that are not operated by Bicycle Buyer or by Bicycle Buyer’s related bodies corporate.
12.7 You hereby acknowledge that these links are provided for Your convenience only and You agree that:
a. Bicycle Buyer makes no representations or warranties, or have any responsibility or liability for those links or third party websites; and
b. These links do not indicate, expressly or implied, that Bicycle Buyer endorses the site or the Bicycles or Bicycle Products or services that are provided at those sites.
12.8 You agree that You access and use the Bicycles or Bicycle Products and services made available at all third party links or third party websites solely at Your own risk and liability.
12.9 The Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Bicycle Buyer does not control, endorse, sponsor or approve any such third party websites or their content nor does Bicycle Buyer provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
12.10 Bicycle Buyer does not warrant or represent that the Website is complete, current or free from typographical error, other errors or omissions.
12.11 You acknowledge and agree to release Bicycle Buyer from all liability whatsoever in the event the Website information, software, Bicycles or Bicycles Products includes inaccuracies.
12.12 Bicycle Buyer endeavours to provide continual availability of access to the Website. However access to the Website may not always be possible due to numerous factors including those which are out of our control. Bicycle Buyer does not warrant or represent that our services and access to the Website will be timely, continuous, fault free, uninterrupted, secure or virus free.
12.13 Bicycles and bicycle accessories prices on the Website are provided by bike stores/retailers so Bicycle Buyer takes no responsibility for the accuracy of price information or bicycles and bicycle accessories specifications. All prices and product specifications are obtained from featured bike stores/retailers and third parties.
12.14 Bicycle Buyer takes every possible precaution to deliver only accurate information, but cannot be held responsible for information presented by bike stores, retailers and third parties.
12.15 Bicycle Buyer accepts advertisements in good faith. All such information, software, Bicycles or Bicycle Products and services are provided "as is" without warranty of any kind except as required by the ACL or these Terms & Conditions.
12.16 Bicycle Buyer do not warrant or represent that the services, software, Bicycles or Bicycle Products s, advertised on the Website will be suitable for any purpose, or that an advertiser has any particular skills, knowledge, qualifications or is legally entitled to carry on a particular business.
12.17 It is Your responsibility to verify any information on the Website and to investigate for Yourself the condition, quality and suitability of any Bicycles or Bicycle Products or services advertised on the Website.
12.18 Under no circumstance will Bicycle Buyer or its suppliers be liable for any, incidental, direct, indirect, special, consequential or punitive damages arising out of or in any way connected with use of the Website or inability to use the Website or for any Bicycle or Bicycle Products or information and services obtained through the Website, or otherwise arising out of the use of the Website.
13.1 You shall not assign Your interests under these Terms & Conditions without the consent in writing of Bicycle Buyer.
13.2 In the event of any clause or part of a clause of this these Terms & Conditions is found to be invalid by law, the rest of them remain valid and enforceable.
13.3 The failure by either Party at any time to enforce any of the provisions of these Terms & Conditions or any rights or to exercise any election in respect of these Terms & Conditions shall not be a waiver of such provisions rights or elections or affect the validity of these Terms & Conditions.
13.4 These Terms & Conditions constitutes the entire agreement between Bicycle Buyer and You as to the subject matter and renders all previous communications and representations with respect to these Terms & Conditions invalid.
13.5 Each Party to these Terms & Conditions shall do, sign and execute all acts, deeds, documents and things as may be reasonably required by the other party to effectively carry out and give effect to the terms of these Terms & Conditions.
13.6 These Terms & Conditions are governed by the laws of Victoria, Australia. In the event of a dispute You agree to submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
13.7 Bicycle Buyer agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
13.8 These Terms & Conditions are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
13.9 The singular includes the plural and vice versa. Headings to clauses are included for the sake of convenience only and do not affect the interpretation of the clauses to which they relate.
13.10 References to any statute or statutory provision includes that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any orders, regulations, instruments or other subordinate legislation made under the relevant statute.
Capitalised terms used are defined in these terms and conditions. In these Terms & Conditions:
“Australian Consumer Law” means certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods, products or services to you which cannot be excluded, restricted or modified (Statutory Rights).
“Bicycle Buyer” means Bicycle Buyer Pty Ltd ACN 605 527 722 and "us" or “Us” means Bicycle Buyer where that context permits.
“Bicycles or Bicycle Products” means each good or service, each bicycle and every product sold or advertised on Website.
“Bicycle Supplier” means the bicycle supplier You purchase a Bicycles or Bicycle Products in connection with these Terms & Conditions or the Website.
“Confidential Information” means Information includes confidential information about you, your credit card or other payment details, your personal information including height and weight, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
“GST” means Bicycles or Bicycle Products s and Services Tax within the meaning of the GST Act.
“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).
“Intellectual Property” means all logos, trademarks, names, the Bicycle Website, slogans and any other material associated with Bicycle Buyer or otherwise belonging to Bicycle Buyer.
“Order” means any Order for a Bicycle or Bicycles Products made by You or through the Website.
“Parties” means the parties to these Terms & Conditions.
“Terms & Conditions” means this formal legally binding agreement containing all of the legal terms and conditions between Bicycle Buyer and You.
“Website” means the Website operated by Bicycle Buyer at domain address www.bicyclebuyer.com.au.
"You" means the person as customer placing an Order through the Bicycle Website as a Party to these Terms & Conditions