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Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THEY GOVERN YOUR PURCHASE OF OUR PRODUCTS AND CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
1. Acceptance of These Terms. You (“Customer”) may place orders for Products with The Cycling Fix (“we,” “our”) via our website (store.thecyclingfix.com.au) or, in certain circumstances, over the phone. “Products” collectively means any and all items being sold by The Cycling Fix to Customer. By placing an order for our Products, you consent to these Terms and conditions of sale (“Terms”) and acknowledge that we will only furnish the Products subject to these Terms. To the maximum extent permitted by applicable law: (a) unless expressly agreed to in writing by The Cycling Fix, any term or condition in any order or other form or correspondence that purports to add to or is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever; and (b) The Cycling Fix’s right to require strict observance and performance of each of these Terms shall not be affected by concurrent waiver of any other of these Terms or by any previous course of dealing.
2. Orders. All orders are subject to acceptance by The Cycling Fix. This means that The Cycling Fix may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. Where we cancel any order which we have previously confirmed, then where practicable, we will notify you as soon as we are reasonably able to do so. If you choose to purchase a Product or service, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by The Cycling Fix). You agree to pay all fees and other charges incurred in connection with your username and password for your The Cycling Fix account. If your credit card has already been charged for an order that is later cancelled, The Cycling Fix will issue you a refund. Please note that The Cycling Fix is not able to accept orders from outside, or for delivery to locations outside, Australia.
3. Price. All prices are subject to change up to the time you place your order and it is accepted by The Cycling Fix. Prices for products displayed on this website include GST, but exclude shipping charges, which are calculated and displayed depending on the shipping option for the item you select when you finalise your purchase. Prices for products displayed on this website are, and all purchases made via this website are transacted in Australian dollars. Please note the prices on this website may differ from those in our store. The Cycling Fix reserves the right to amend pricing for any pricing errors displayed due to human error, computer malfunction or other reason. Where a pricing error is identified after you have submitted an online order, The Cycling Fix will notify you of any error in pricing as soon as reasonably practicable and you may elect to not proceed with the purchase of any Product/s where the price has been corrected.
4. Taxes. The prices quoted for the Products sold hereunder are inclusive of any applicable Australian goods and services tax. If any supply made under or in connection with these Terms is a taxable supply for the purposes of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), then The Cycling Fix may, subject to providing you with a valid tax invoice, recover from Customer the amount of goods and services tax payable on that taxable supply at the same time as payment is required to be made of the consideration for that taxable supply. Where Customer is required by applicable tax law to withhold any part of a payment due to The Cycling Fix, Customer may do so and must gross-up such payment to The Cycling Fix so that The Cycling Fix receives the full amount notwithstanding any deduction or withholding.
5. Payment. All orders must be paid in full prior to shipment. All payments for purchases made through The Cycling Fixes website are handled by our online payment processing provider, Shopify. The following payment types are accepted: MasterCard and Visa. Payment information is submitted by Customer upon the placement of any order and fulfillment and shipping of the order is subject to verification of payment information and availability of funds.
6. Delivery and Risk of Loss. The Cycling Fix shall ship Products F.O.B. The Cycling Fix Store. Additional terms will apply as set out in the Shipping Policy (Australia) and the Returns Policy (Australia). Title and all risk of loss or damage to the Products shall pass to Customer upon delivery of the Products to the carrier for shipment. The Cycling Fix is authorized to make shipping arrangements on Customer’s behalf and, except as otherwise provided, Customer shall be responsible for all costs and expenses associated with shipment of Products. Notwithstanding anything in these Terms to the contrary, any timeframe provided by The Cycling Fix is a good faith estimate of the expected delivery date. The Cycling Fix will use commercially reasonable efforts to fill Customer’s orders within the time stated but in no event shall The Cycling Fix be liable for any damages associated with The Cycling Fix’s inability to meet any such timeframes or deadlines.
7. Returns. Except as otherwise provided herein, once an order has been placed by Customer and accepted by The Cycling Fix, Customer may not cancel such accepted order without The Cycling Fix’s prior written consent. Customer may return Products for a refund of the purchase price (not including initial shipping charges or merchant fees) plus any applicable tax. Customer shall arrange for and pay return shipping expenses. The Product(s) must be returned to The Cycling Fix in accordance with our Returns Policy detailed here.
8. Limited Warranty. Subject to the following limitations, terms, and conditions, The Cycling Fix makes limited warranties to the original purchaser of each Product as set out in the Warranty and Tech Support documentation. Customer acknowledges that different limited warranty terms (including different warranty periods) may apply to different kinds of and brand of Products, as described in such documentation. These limited warranties do not apply to normal wear and tear, nor to claimed defects, malfunctions or failures that result from abuse, neglect, improper assembly, improper maintenance, alteration, collision, crash, or misuse and are subject to other terms as set out in that documentation. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Information about Australian Consumer law can be found here.
9. Click and Collect Click and Collect purchases are subject to the following Terms and Conditions:
The items purchased via Click & Collect will only be released to the Customer once the following criteria have been met:
- The credit card that was used to purchase online must be presented in store.
- The Customers Drivers license or passport must be presented in store
- A copy of the purchase receipt must be presented in store
- A Credit Card authorisation document must be completed and signed in store
Bicycles, Frames and items designated as Click and Collect are not eligible for 'change of mind' exchange or refund. To be clear, all click and collect purchases are final once the purchased goods are received by the customer in store.
Where there is a contradiction between items in this Clause 9 Click and Collect Terms and Conditions and other areas of these Terms and Conditions, Clause 9 will take precedence.
The Cycling Fix staff will contact the Customer when 'Click and Collect' items are ready for pickup. For complete bicycles this will generally be within 2 business days.
10. Bicycle, Electric Bicycle and/or requested by staff purchases are subject to the following Terms and Conditions.
The items purchased will only be released to the Customer once the following criteria have been met:
- Full payment is received by The Cycling Fix. If bank transfer is used for payment, clear funds must be received in The Cycling Fix bank account prior to dispatch.
- Verification of the credit card that was used to purchase online must be provided. We will contact you to arrange this.
- A legible photo of the customer holding their drivers licence must be emailed through to The Cycling Fix.
- A Credit Card authorisation document must be completed and signed.
Bicycles and Bicycle Frames are not eligible for 'change of mind' exchange or refund. To be clear, all bicycle and bicycle frame purchases are binding once the earlier of the deposit or full payment is received by The Cycling Fix.
Deposits paid for Bicycle or Bicycle Frames are non-refundable. The deposit represents the true costs incurred by The Cycling Fix in re-stocking, assembling / dis-assembling, remarketing the bicycle or bicycle frame.
Where there is a contradiction between items in this Clause 10 and other areas of these Terms and Conditions, Clause 10 will take precedence.
The Cycling Fix staff will contact the Customer when Bicycle and Bicycle Frames are ready for pickup or dispatch. For complete bicycles this will generally be within 2 business days.