Terms and Conditions
PRODUCT DESCRIPTION, TYPOGRAPHICAL ERRORS, THIRD PARTY SITES
1. The Motorbike Shop attempts to be as accurate as possible with our product descriptions. However, The Motorbike Shop does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services. 2. You should note that product comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance or other characteristics are exactly comparable. 3. In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, The Motorbike Shop shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Motorbike Shop shall issue a credit to your credit card account in the amount of the incorrect price. 4. The Motorbike Shop is not responsible for the content of any sites that may be linked to or from this Site. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from The Motorbike Shop, and The Motorbike Shop has no control over the content of that other web site. In addition, a link to any other web site does not imply that The Motorbike Shop endorses or accepts any responsibility for the content or use of such other web site. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by The Motorbike Shop of that third party or of any product or service provided by a third party. Pictures on this site are for illustration purposes are may or may not exactly represent the product.
Faulty or Defective Goods Quality Guarantee
a). All products sold on this website are guaranteed from defect for 60 days after sale and in line with conditions of the Limited Warranty and Returns and Claims Policy herein documented.
b). All OEM products are warranted in line with the guarantee offered from respective manufacturers.
c). The Limited Warranty covers defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than themotorbikeshop.com.au.
d). All of our products are warranted for the cost of the products only or replacement products of the same item (whichever you prefer).
e). Our warranty is limited to the cost of the products only, as noted on your invoice from us (the amount you actually paid us for the product(s). There are no implied warranties beyond what is stated here.
f). This guarantee is governed by the terms and conditions of our Returns and Claims Policy.
Returns and Claims Policy
a) In order for us to process your return efficiently login to your account first and then simply fill out a Return Authorisation Form by clicking here.
b) Original receipt is required for all returns, exchanges and warranty. Credit or refunds for correctly or incorrectly ordered unopened, unused re-saleable products, now deemed as surplus by the customer will NOT be granted beyond 30 days of the original invoice date for such goods.
c) Defective products must be returned to The Motorbike Shop prior to replacement approval unless otherwise directed by the authorised officer of The Motorbike Shop. On occasions The Motorbike Shop may waive the need to return such goods and therefore it is important that the customer follows the explicit directions of the claims officer of The Motorbike Shop during the returns process. Failure to adhere to such instruction will compromise the returns process and may delay any refund/credit that may be approved. In any event, failure to adhere to such direction within 10 days of original claim date will result in that claim being rejected in its entirety.
d) (i) All non-defective products must be returned in the packaging in an as-new condition. (ii) Claims for refunds and/or credits for non-defective products must be submitted within 30 days of the originating order invoice date. (iii) No refund and/or credit will be issued for non-defective products past 30 days of the originating order invoice date.
e) All returned products are subject to testing by The Motorbike Shop and respective manufacturers in the case of claims for OEM products in order to determine defect claim. Any returned items for this reason will be subject to testing by our technical staff and/or respective manufacturers technical department for OEM Products. If our testing shows that the returned items are indeed defective, replacements or refunds will be made based on conditions and terms stipulated in clause f & g. For OEM products level of credit or refund offered will be determined by respective manufacturers policies.
f) If the items returned are found to be in fact functional and not faulty as reported, the items will be returned to the customer and additional postage will be charged for the shipment. A brief document will be sent indicating the results of our tests and instruction on how to correctly install or use the items.
g) A re-stocking fee will be charged for returnable items incorrectly ordered by customers (for items that qualify as returnable see clause j and r below). The fee is 15% of the purchase price excluding postage. The item(s) returned for exchange must be returned to The Motorbike Shop in a saleable condition, unopened and in the original packaging and qualify as returnable under clause b. Postage is not refundable. Delivery charges for the return to The Motorbike Shop as well as re-sending of items to The Motorbike Shop will be the responsibility of the customer. A credit note rather than a refund will be issued for all goods that qualify as returnable which have been incorrectly ordered.
h) Customer must notify The Motorbike Shop within ten days of the original dispatch date for all returnable items incorrectly ordered.
i) Please allow up to 21 business days to process your return from the time it reaches our Returns Department.
j) Customer is responsible for shipping charges and risk of loss on all returning shipments. We recommend using a reputable shipping carrier capable of providing proof of delivery, as well as properly packing and fully insuring your return shipment. If a tracking number of such shipments are provided, the same information will be passed immediately on to The Motorbike Shop.
k) In circumstances where goods have been returned to us as a result of incorrect address supplied by the customer, an additional delivery fee will be charged to the customer for the re-sending of goods.
l) Returns need to be packed sturdily and securely to avoid any damage in transit. Additional charges may be incurred for any damages to the goods occur during transit.
m) Incorrect products supplied by The Motorbike Shop from what you ordered must be returned within 7 days of receipt or at latest 10 days after dispatch date and The Motorbike Shop informed of the same by email on receipt to firstname.lastname@example.org. Any shipping costs incurred by the customer for this reason will be credited against future purchases.
n) All goods for return, whether regarded as faulty, incorrectly ordered or surplus to requirements and qualify under Clause b must be returned to The Motorbike Shop within 10 business days of notification from The Motorbike Shop of the return address for the return of such goods unless otherwise directed by the authorised officer of The Motorbike Shop. Failure to follow direction of the authorised officer of The Motorbike Shop may result in any such claim for credit or replacement being rejected.
o) Claims for shortages must be undertaken within 72 hours of receival of such goods and not more than 10 business days from date of original dispatch.
Delivery and Dispatch
Due to the spiraling costs associated with redelivery fees charged to The Motorbike Shop as a result of customers not being available to receive goods ordered, some important changes have been made to the process of delivery. The Motorbike Shop can no longer absorb any redelivery fees caused by customers not being available to receive goods. Please read the following terms and conditions of purchase that deal specifically with these changes.
a) All orders delivered by Courier Companies will have attached to their sent goods an "AUTHORITY TO LEAVE ARTICLE ON PREMISES WITHOUT P.O.D. SIGNATURE" or a "NO SIGNATURE REQUIRED" or other such label indicating that goods may be left at the nominated address without a signature or physical hand over to the customer. Such customers agree to abide by this action and hence are then fully responsible for the condition and title of such goods left without a signature.
b) All orders delivered by Australia Post may be left at the nominated address without a signature or physical hand over to the customer and such customers agree to abide by this action and hence are then fully responsible for the condition and title of such goods left without a signature.
c) Those customers who expressly inform The Motorbike Shop prior to dispatch that they would prefer that goods be received in person and signed for by them or their representatives, must be available to do so when goods are attempted to be delivered. Such deliveries can only be made where a signature to verify the delivery can be obtained or there is an authorised receiver's officer to accept the goods handed over from the delivery company. The best addresses are where someone is available between 7am and 6pm weekdays, or a business address which is open during normal business hours.
d) Notification of option (c) must be in writing and placed in the space provided for comments after submitting and confirming order.
e) If delivery to customer's nominated address is unsuccessful due to customer or their representatives not being available to receive and/or sign for such goods after exercising option (c), any additional redelivery fees will be charged to the customer.
f) Usually if delivery cannot be made, Australia Post and couriers will leave a note or card with further instructions for you to pick up or have the items redelivered, but this cannot be taken for granted. If delivery cannot be made, the customer will be responsible for any redelivery fees incurred even though such customer may not receive the item. We strongly urge customers to make sure someone is available to receive goods. If there is a possibility that someone will not be available to personally receive the order, and the customer wishes to ensure delivery will be affected, we strongly urge you to nominate either another postal address or a local post office as the point of delivery. Such new addresses need to be added to the shipping address section of the customers details and can be done by clicking on the Change Your Details link in the MY ACCOUNT box.
g) (i) Couriers and other transport services are unable to personally call before delivery is made or attempted to be made to indicate time of day goods will be delivered. (ii) Requests to deliver between certain hours during the day cannot be granted. Transport and Postal Companies are unable provide such information due to the inherent logistical costs and delays such undertaking would incur.
h) If the customer has received a dispatch notice with a tracking number available, it is the customer's responsibility to contact the nominated delivery company in the first instance to investigate the progress of the delivery before contacting The Motorbike Shop.
i) Although every care is taken by The Motorbike Shop to ensure accurate delivery to Customers, The Motorbike Shop does not accept liability for any losses occurring at point of delivery.
MODIFICATIONS TO SERVICE
We may modify, suspend or discontinue any Product, Service or Promotion in our sole discretion without prior notice. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted. You agree not to access or attempt to access the non-public areas of the Site or any other users password-protected information or impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity. Your agree that your data, content, and any information provided or used on Site, as well as your use of our Site, Products and Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively Rights) of any party, including the Rights of third-parties; or contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.
User accepts full responsibility for (i) keeping his or her account password confidential and secured, (ii) restricting access to such Users computer; and (iii) keeping the e-mail address associated with that account current. User accepts full responsibility for all activities that occur within such Users account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. The Motorbike Shop will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES (COLLECTIVELY THE The Motorbike Shop UMBRELLA) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SITE OR OUR PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO The Motorbike Shop OR $35.00 (WHICHEVER IS GREATER).THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
By using the Site web sites you agree to indemnify The Motorbike Shop and hold them harmless from any and all claims and expenses, including (without limitation) attorneys fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to The Motorbike Shop or from any persons use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorised by you.
COPYRIGHT AND TRADEMARK NOTICE
All rights reserved. The Motorbike Shop is a trademark of The Motorbike Shop, Inc. Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third parties intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of The Motorbike Shop and its affiliates, licensors, and service providers. You agree not to: (a) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively Trademarks) or other intellectual property made available by us in connection with the Site; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (d) defame or disparage us, our Trademarks, or any aspect of the Site; and (e) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services. Links to the Site without The Motorbike Shop express written permission are strictly prohibited. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method is expressly prohibited.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of the The Motorbike Shop to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
PLACE OF PERFORMANCE
You understand and agree that The Motorbike Shop does business only in the Australia. The Motorbike Shop does not own or operate any facilities outside of Australia. References to any The Motorbike Shop product or service do not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this site from locations outside Australia do so on their own initiative and are responsible for compliance with all applicable local laws.
This Agreement will be governed by and construed in accordance with the laws of Australia, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts in Newcastle, New South Wales and You hereby consent to jurisdiction and venue Newcastle, New South Wales for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognised service) or by Australia Post with delivery receipt to the address you provided to The Motorbike Shop). Notwithstanding anything contained in this Agreement to the contrary, The Motorbike Shop shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce The Motorbike Shop rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
SEVERABILITY, NON-WAIVER AND MERGER.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between The Motorbike Shop representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customers documents or purchase orders. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY themotorbikeshop.com.au, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON themotorbikeshop.com.au. NO JOINT VENTURE, NO DEROGATION OF RIGHTS. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Motorbike Shop as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
We know how much you value your privacy, so we make sure that your privacy is protected any time you're using our services. You do need to give us some personal information so we're able to process your orders and requests. However, we want you to know exactly what information we need, why we need it, and how we make sure that your information is protected. We want you to be able to enjoy your experience here safely and privately. Information We Need From You In order to process orders for you, we require some personal information from you when you are ordering: name e-mail address mailing address (to ship the order to you or to the person(s) you choose) billing name and address (for verification purposes only) credit card number and expiration date We are the shipper for all products purchased on this Web site. From time to time we will drop ship out-of-stock items but do not forward any billing information. We use Internet Secure for credit card processing. Internet Secure will not use your information for any purpose other than processing your order. Only Eway receives credit card information; it is not stored on any of our servers. We may occasionally request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. Information requested may include contact information (such as name and mailing address), and demographic information (such as post code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of our service. Protecting Your Information We use industry best practices to protect your information and your privacy. When your password or credit card number are requested on the site, we use SSL to present secure pages to protect that information. We also guarantee that every order you make at here will be 100% safe. This means that we will reimburse you for any fraudulent charges that are not covered by your bank and that result through no fault of your own from purchases made at our Web site while using the secure server. You can tell if you are using a secure server by looking at the bottom of your browser window. In Netscape Navigator or Internet Explorer, you will see a lock icon. When the symbol is unbroken or the padlock appears to be in its closed state, the page is encrypted and therefore secure. If you wish to take advantage of the latest encryption standards, be sure you have the latest version of the browser you're using. You can download the latest version from the Netscape or Microsoft Web sites. Testimonials: It is the policy of The Motorbike Shop to utilise positive feedback from customers as a promotional tool and hence Customers hereby agree to permit the use of such statements referred to The Motorbike Shop in Email and other correspondence. Keeping the use of such statements, A customers privacy and confidentiality will be respected as any such advertising or promotion will be restricted to only use of a Christian name, City and State E-Mail Notification of New Features and Special Offers We will notify you about new features and services on our Web site ONLY if you request to receive this information when you register. You may subscribe or unsubscribe to this notification service. Sharing Your Information with Third Parties At no time will we share your e-mail address with third parties. We get as much junk e-mail spam as you do and we hate it!