Terms and Conditions of Sale - Liv Cycling | Australia

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Terms and Conditions of Sale

IN ORDER TO PROTECT YOUR INTERESTS YOU SHOULD READ THESE TERMS & CONDITIONS CAREFULLY BEFORE PLACING AN ORDER WITH US. THESE TERMS & CONDITIONS APPLY ONLY TO GOODS PURCHASED THROUGH GIANT ONLINE AND DO NOT APPLY TO IN-STORE PURCHASES. PLEASE REFER TO YOUR LOCAL RETAILER FOR THEIR TERMS & CONDITIONS FOR IN-STORE PURCHASES.

YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and all persons you represent (and for purposes of this Agreement referred to as “Consumer”, “you,” “your,” or “user” herein) and Giant Bicycles Australia registered in Australia as Giant Bicycle Co Pty Ltd under ABN 35 006 904 730, whose principle place of business is located at Unit 7, 3-5 Gilda Court, Mulgrave VIC 3170, info@giantbikes.com.au ("Giant" and sometimes also referred to as “us,” “we” or “our” herein) regarding your access to and use of Giant’s giant-bicycles.com/au & liv-cycling.com/au website(s) and all content, information, products and services available on or through those website(s) (collectively, the "Website").

Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorised to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.

PRIVACY POLICY

Our Privacy Policy applies to your access and use of this Website, including any personal information provided by you via this Website. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms and in the event of conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail. If you do not agree with the Privacy Policy, do not use this Website.

TERMS GOVERNING ALL ORDERS

These Terms apply to any and all purchases made by you from Giant via the Website. If you place an order with Giant it means you have read and expressly agree, consent to, and accept these Terms. You must be 18 years or older to make a purchase on this Website. These Terms apply to all sales of bicycles, clothing, and any and all other goods and products offered on this Website (collectively, “Products”). These Terms cannot be altered, other than in writing and signed by an Officer of Giant. In the event of any inconsistency or conflict between these Terms and any provision in any Consumer-submitted order or writing, in any other document writing, or any oral arrangement in connection with an order of any Product, these Terms shall govern and control (and any inconsistent provisions shall be void). Giant reserves the right to change or modify these Terms at any time in its sole discretion. Notice of any such changes to these Terms will be provided by Giant by posting a notification on this Website or updating the date referenced at the top of the revised Terms or as otherwise deemed appropriate by Giant. Giant’s right to require strict observance and performance of each of these Terms shall not be reduced, vitiated, or otherwise affected by any current or past waiver of any of these Terms (or by any previous course of dealing).

ORDERS AND ACCEPTANCE

When you place an order on the Website, such order will not be deemed accepted by Giant unless and until an “Order Confirmation” acknowledgment is sent to you via email by Giant. Orders accepted by Giant may not be cancelled without Giant’s express written consent, which Giant may withhold in its sole discretion. All orders are subject to the availability of the ordered Product. Giant reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. Also, even if an order has been accepted, Giant may subsequently cancel such order in whole or in part due to Product availability (including without limitation, any discontinuation of the Product), price change, if the incorrect Product price was displayed on this Website, or as otherwise determined by Giant in its sole discretion. You will be notified of any order cancellation and any amounts you have paid to Giant in respect of such order shall be refunded as set forth in the “Payment” paragraph of these Terms.

OUT OF STOCK/BACKORDER

Under rare circumstances, an item may become out of stock before we are able to ship out the order. We will always contact you prior to shipment if this happens and we will try our best to remedy the situation and will notify you of the date by which the item will become available. However, due to limitations we cannot accept back orders. If you wish to substitute an item you will need to contact us to arrange for a substitute or to cancel your order outright. If the item is not available we will cancel your order. If your payment has already been processed for the purchase when your order is cancelled, Giant will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. In the event that we are unable to contact you within 10 working days, the order will be deemed cancelled and any sums you have already paid to us in respect of the goods shall be refunded to you.

PAYMENT METHODS

All orders must be paid in full prior to shipment. Giant accepts payment via MasterCard & Visa credit cards and debit cards. Payment information is submitted by you upon the placement of any order, and acceptance, fulfillment and shipping of the order by Giant is subject to verification of payment information and availability of funds. Only valid credit or debit cards acceptable to us may be used and all refunds will be credited to the same card used in the purchase. By submitting your order, you represent and warrant that you are authorised to use the designated credit or debit card and authorise us to charge your order (including Taxes, shipping, handling and any other amounts described on this Website) to that credit or debit card. If the credit or debit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

Unfortunately, we cannot work out credit card problems with your financial institution if a credit card is declined. It is your responsibility to settle credit card problems with the issuing institution, and then place the order again when the problem is resolved.

If a credit card authorisation fails, we reserve the right to cancel your order without notifying you.

SALES TAX

All prices quoted on our website(s) www.giant-bicycles.com/au & www.liv-cycling.com/au are in Australian Dollars and are inclusive of GST.

YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW

Our goods 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these terms and conditions limit the consumer guarantees under the Australian Consumer Law in any way.  

LIMITS OF RESPONSIBILITY

Subject to your rights under the Australian Consumer Law, we accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product.

PRICE AND/OR DESCRIPTION CHANGES

All prices, pictures, and descriptions on this website are subject to change. Subject to your rights under the Australian Consumer Law, we maintain no responsibility for inadvertent errors. When you place your order with us, you agree to the price and terms indicated on this website at the time of order.  Please contact us within 30 days of the date of your order regarding price or promotion discrepancies. Subject to your rights under the Australian Consumer Law, after 30 days from the date of your order, we are unable to offer refunds, credits or corrections to your order and price differences related to future or past prices in our store or any other store are not refundable.

ERRORS ON OUR WEBSITE

Prices and availability of products are subject to change without notice. Errors will be corrected where and when discovered. Giant reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.

If your payment has already been processed for the purchase when your order is cancelled, Giant will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

GENERAL SHIPPING POLICY

We reserve the right to ship orders using our choice of carrier, depending on which Giant retailer is selected for pick-up of goods, all orders are shipped via ground services and can be up to 5+ business days depending on the location of the Giant retailer. Any shipping times shown on this Website or by email are estimates only, and actual delivery dates may & can vary.

We only ship within Australia, no COD is accepted. Unfortunatelywe cannot ship to PO boxes.

Our business hours are Monday - Friday 8:30 AM - 5:00 PM excluding public holidays. Saturday and Sunday are not included in shipping days.

Orders can only be modified or cancelled up until its status becomes “Shipped”. After this point, you must initiate a return if you wish to exchange or cancel your order.

It is your responsibility to ensure you have selected the correct local authorised Giant retailer prior to checkout as it may not be possible to change retailers once your order has been submitted.

You agree to collect the products at the authorised Giant retailer within 7 business days of you receiving an email explaining that your goods are ready for pick-up. If you are unable to do so, you will contact the authorised Giant retailer to organise an alternative pick-up day. At the time of pick-up, you agree to present to the authorised Giant retailer, the original “Order Confirmation” email, a government issued identification card (such a valid driver’s license or passport) and the credit card used for the transaction.

If you fail to collect the product(s) and/or fail to contact the Giant retailer within 14 business days after the receipt of email notice, the order shall be cancelled and Giant will refund any amounts you have paid in respect of such product(s) (less any applicable shipping, handling and restocking charges).

Giant reserves the right to cancel a Click and Collect order at any time.

GEAR CLICK AND COLLECT SHIPPING POLICY

All Gear orders are available online for pick-up at an authorised Giant retailer only. There is no direct to consumer option available. You will have the option to choose the pick-up location from participating authorised Giant retailers in your area. Giant will notify you via email when the good(s) are available for pick-up at the chosen authorised Giant retailer.

Gear orders below the value of $100 may attract a shipping charge to be sent to your local authorised Giant retailer for collection. If  any freight charges apply to your order, this will be made clear to you during the check-out process on the website.

Not all gear items are sent from the same warehouse so they may arrive at your local authorised Giant retailer on different days. You will only be notified that your goods are available for pick-up once all items in your order are available for pick-up.

BICYCLE CLICK AND COLLECT SHIPPING POLICY

Like with Gear, Bicycle(s) are available to order online for pick-up at an authorised Giant retailer only. There is no direct to consumer option available. You will have the option to choose the pick-up location from participating authorised Giant retailers in your area. Giant will notify you via email when the bicycle is fully assembled and available for pick-up at the chosen authorised Giant retailer.

Please note: If Gear items are purchased with a bicycle they may be sent from different warehouses so they may arrive at your local authorised Giant retailer on different days. You will only be notified that your goods are available for pick-up once all items in your order are available for pick-up

RETURN POLICY

In addition to your rights under the Australian Consumer Law, unless otherwise indicated on this Website as a “nonreturnable” item, within 30 days following delivery, you may return a Product for a full refund of the purchase price (not including any applicable initial shipping and handling charges), so long as any such Product is in new, unused and undamaged condition, with original packaging, and the original price and information tag(s) have not been removed, and subject to the following:

  1. Products (Other Than Bicycles): Please return the product to the Authorised Giant retailer where you collected the goods from initially with your original proof of purchase. Any merchandise that shows signs of use (wear, dirt, smell, scuffing, mounting, installation, etc.) cannot be returned. This includes any items that have been “tested out”. Items for which the packaging has been destroyed are not returnable. Assuming the returned goods meet the outlined above, the retailer will notify Giant to begin the refund process.
  2. Bicycles Only: Bring your order, with original proof of purchase, to the local Authorised Giant retailer who assembled your bicycle. You may be eligible for a full refund of the purchase price so long as any such bicycle is like-new and undamaged. Bicycle(s) that show sign(s) of being ridden, including, but not limited to, dirty tires or grips, worn brake pads, scuffed crank arms may not be returned.

Unless otherwise noted, the refund will be for the full value of the returned items. Shipping fees if applicable will not be refunded. Credit for the returned items is applied to the credit card that was used to make the original purchase. Returns will be inspected by the authorised Giant retailer within 72 hours of receipt and depending on your credit card company it may take an additional 2-10 business days before a credit is processed to your card. Please note: the authorised Giant retailer cannot process the refund directly, it must be processed by Giant via the same online method as purchased.

WARRANTIES

With all warranty claims please take your bicycle or gear item back into your local authorised Giant retailer with your original “Order Confirmation” email as your proof of purchase. For more information on the warranty process please visit our Customer Support page or refer to the Giant owner’s manual.

No Giant warranty and nothing in these terms and conditions limits the consumer guarantees under the Australian Consumer Law in any way. In some circumstances your rights under those guarantees may be greater than your rights under the applicable Giant warranty, in which case Giant will always honour your rights under the guarantees.

FURTHER CONTACT

Should you have any further queries regarding the Click & Collect process please send your enquiries via email to GiantWebLink@giantbikes.com.au and a member of our customer service team will be in contact.

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