Terms and Conditions

 

General

  • In these Terms and Conditions, "we", "us", "our" or "Aussie Sportsbike Gear" means www.aussiesportsbikegear.com.au, and "you" means you the customer.
  • These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
  • By visiting and/or using the Aussie Sportsbike Gear website, associated services and functionality ("the website") you agree to be bound by this user agreement ("agreement").
  • To make use of this website you are required to comply by the Terms and Conditions set out below. These include terms, conditions, notices and disclaimers. You should read these before making use of the website. By using the website, you are agreeing to all of the Terms and conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and conditions. You should consult independent legal advice should you not understand these Terms and Conditions in full. If you do not agree to any provisions of this agreement, you must not use the website.
  • Aussie Sportsbike Gear can at any time make changes to the Terms and Conditions without notice to you. If using this website following a change you are agreeing to the amended Terms and Conditions. If you do not wish to be bound by a change you should discontinue use of the website.
  • Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
  • This Website also contains links to other websites, which are not operated by Aussie Sportsbike Gear (the "Linked Sites"). Aussie Sportsbike Gear has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. The existence of these links does not imply that we endorse the linked website, content or resource.
  • Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Capacity to Transact

  • Use of this website is restricted to those aged over 18 and those able to enter into a legally binding contract. If you are under the age eighteen (18) years you cannot place orders with Aussie Sportsbike Gear
  • By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
  • Should Aussie Sportsbike Gear suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed on Aussie Sportsbike Gear.

Location

  • We sell and ship Products only within Australia. We will not make deliveries outside of Australia.
  • THIS SITE IS INTENDED FOR USE ONLY BY PEOPLE RESIDING IN AUSTRALIA. DUE TO THE REGIONAL NATURE OF THE PRODUCTS DESCRIBED, THE STATEMENTS MADE IN THE SITE DO NOT APPLY OUTSIDE OF AUSTRALIA

Privacy Policy

  • Our privacy policy, which sets out how we will use your personal information, can be found at Privacy Policy. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate.

Registration

  • Where you register for any area of this Website, the following terms and conditions apply.
  • You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
  • Aussie Sportsbike Gear reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.
  • If you use multiple accounts for the purpose of disrupting the website you may have action taken against all of your accounts.
  • If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Aussie Sportsbike Gear account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.
  • Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Aussie Sportsbike Gear account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your account(s).

Placing Your Order

  • Orders placed by you on our website are offers by you to purchase particular goods or products under the terms and conditions in this agreement at the price specified (including delivery and other charges.). however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. When placing an order you undertake, that you are an authorised user of the credit or debit card, or Paypal account used to place your order and that there are sufficient funds to cover the cost of the goods. . If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
  • We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the website. You agree that all details you provide to us are true and accurate.
  • We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.( All orders are subject to availability and confirmation of the order price)
  • When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

Price

  • The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
  • Prices are current at time of display however are subject to change.
  • The price of products shown excludes shipping costs.
  • Shipping cost is shown separately but may be recalculated based on how many and what items you place in your shopping cart.
  • Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund for your order.

Payment

  • All payments must be received in full prior to dispatch of you products.
  • If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
  • We retain ownership of goods until payment is received in full

Discount Codes

  • Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
  • Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
  • Any further conditions of use relating to any discount code will be specified at the time of issue.

Delivery

  • Dispatch times may vary according to availability
  • Delivery time takes up to 10 working days from the date your payment is received
  • Subject to this agreement, we will supply to you the products shown on your order confirmation.
  • You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery however many factors can affect these timeframes and we cannot guarantee that they will always be met.
  • Delivery time is subject to stock availability, this period may be extended by up to 30 days.
  • Title and risk of loss to all Products will pass to you on delivery

Additional Freight

Additional freight charges will be quoted upon receipt of your order. Items that fall into the following categories may incur additional charges:

  • Heavy, bulky and awkward items;
  • Items that are or marked with a dangerous goods symbol;
  • Express or urgent deliveries; or
  • Bulk or quantity orders.

Returns and Consumer guarantees

  • Our goods come with consumer guarantees that apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees, however To the fullest extent permitted by law, Aussie Sportsbike Gear’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option:
  • If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:
  1. reject the goods and receive a refund
  2. reject the goods and receive an identical replacement, or one of similar value if reasonably available,
  3. or keep the goods and receive compensation for the drop in value caused by the problem.
  • If you think that there is a fault with the goods you have received, please let us know straight away by contacting our Support Team on asbg.to@gmail.com, and please include as many details as possible about the order and the problem with the goods.
  • A photo may be requested to assist with the assessment of your claim.
  • If a Product is replaced, your replacement product becomes your property and the returned product becomes our property. When a refund is given, the returned product becomes our property.
  • In addition to your rights in relation to faulty goods, you can return any goods within 7 days of receipt of your products under the Terms and Conditions of our 7 day money back guarantee. If you want a refund, we will refund the monetary value of the goods returned to us, at the price you purchased them providing you meet the Terms and Conditions
  • This section applies to the return of all goods, regardless of whether they are faulty or you change your mind.
  • You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the goods or boxes. We are not responsible for any goods that are returned to us in error.

In order to obtain these remedies:

  • You must notify us within a reasonable time after you become aware that you wish to make a claim for a breach of condition or warranty; generally within 7 days after you have received the product.
  • Products damaged in transit must be reported to us within 24 hours of receipt so that we may make a claim under transit insurance.
  • Goods that develop a defect after first use may be covered by manufacturer warranty. You may wish to contact the manufacturer regarding returns and repairs.
  • We do not refund, repair or replace where in our reasonable opinion the product becomes unmerchantable due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care
  • For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.

Viruses

  • Aussie Sportsbike Gear does not claim that any information (including any files or linked sites) obtained from or through this website are free from viruses, spyware or other faults or defects.
  • You are responsible for scanning any information for viruses.
  • Aussie Sportsbike Gear accepts no responsibility to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
  • You agree that you assume the risk of any damage to your computer as a result of using this website
  • Under the Terms and conditions you must not misuse this Website. You must not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the website

Intellectual Property, Software and Content

  • The intellectual rights in all software and content made available to you on or through this Website remains the property of Aussie Sportsbike Gear and are protected by copyright laws and treaties around the world. All such rights are reserved by Aussie Sportsbike Gear. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
  • You shall not modify any software or accompanying documentation supplied by Aussie Sportsbike Gear in any way. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Aussie Sportsbike Gear

Disclaimer

  • The motorcycle tie down Harness are not intended for roll over protection.
  • Motorsports products and parts are sold "as is" without any warranty whatsoever. Implied warranties, including warranties of merchantability or fitness for a particular purpose, are excluded. The entire risk of quality and performance of such parts is with the buyer. Should such parts prove defective following their purchase, the buyer and not the manufacturers, distributors, or retailers, assumes the entire cost of all necessary services or repair.
  • It is the purchaser/competitor’s responsibility to inspect and verify the dimensions, specifications, and performance of all parts as being appropriate for the use to which the purchaser/competitor will put them prior to any actual installation and use of said products and/or parts. Motorsports products and parts are sold "as is" without any warranty whatsoever. Implied warranties, including warranties of merchantability or fitness for a particular purpose, are excluded. The entire risk of quality and performance of such parts is with the buyer. Should such parts prove defective following their purchase, the buyer and not the manufacturers, distributors, or retailers, assumes the entire cost of all necessary services or repair.
  • The purchaser/competitor is on notice that motorsport competition (commonly known as "racing") is an inherently dangerous activity which can result in serious personal injury and even death to participants and even to spectators. If these parts and/or products are used in motorsport competition, any and all risk of and liability for any resulting damage, injury or death is with the purchaser/competitor.
  • In no event shall aussiesportsbikegear.com.au be held liable for special or consequential Damages.

Invalidity of Terms and Conditions

If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause or part of a clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause as is permitted by law.

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Aussie Sportsbike Gear.