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 GIANT CAIRNS FOR OUR TERMS & CONDITIONS FOR IN-STORE PURCHASES.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
(a) 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 Cairns registered in Australia as THE BICYCLE CENTRE (QLD.) PTY. LTD. under ABN 88 010 617 160, whose principal place of business is located at 128-130 Sheridan Street, Cairns, Queensland,info@giantcairns.com.au("Giant Cairns" and sometimes also referred to as “us,” “we” or “our” herein) regarding your access to and use of Giant Cairns website. (being giantcairns.com.au and such other Australian websites owned or operated by us from time to time) and all content, information, product(s) and services available on or through those website(s) (collectively, the "Website").
(b) 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.
2. PRIVACY POLICY
(a) OurPrivacy Policyapplies 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.
3. TERMS GOVERNING ALL ORDERS
(a) These Terms apply to any and all purchases made by you from Giant Cairns via the Website. If you place an order with Giant Cairns 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 product(s) offered on this Website (collectively, “Product(s)”). 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(s), these Terms shall govern and control (and any inconsistent provisions shall be void). Giant Cairns 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 Cairns 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 Cairns. Any such changes will apply only to orders placed after the time such changes become effective. Giant Cairns' 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).
4. ORDERS AND ACCEPTANCE
(a) When you place an order on the Website, such order will not be deemed accepted by Giant Cairns unless and until an “Order Confirmation” acknowledgment is sent to you via email by Giant Cairns. Orders can only be modified or cancelled up until the order status becomes “Shipped”. After this point, you must initiate a return in accordance with section 12 below if you wish to exchange or cancel your order.
(b) All orders are subject to the availability of the ordered Product(s). Giant Cairns reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue product(s) or services without notice, even if you have already placed your order.
(c) Even if an order has been accepted, Giant Cairns may subsequently cancel such order in whole or in part due to Product(s) availability (including without limitation, any discontinuation of the Product(s) or Product shortage) or if the order contains an obvious inadvertent pricing error. You will be notified of any order cancellation and any amounts you have paid to Giant Cairns in respect of such order shall be refunded as set forth in the “Return Policy” paragraph of these Terms.
5. OUT OF STOCK/BACKORDER
(a) 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 Cairns 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.
6. PAYMENT METHODS
(a) All orders must be paid in full prior to shipment. Giant Cairns accepts payment via MasterCard & Visa credit cards and Paypal. Payment information is submitted by you upon the placement of any order, and acceptance, fulfillment and shipping of the order by Giant Cairns 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 payment method used for 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.
(b) 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.
(c) If a credit card authorisation fails, we reserve the right to cancel your order.
7. GOODS AND SERVICES TAX (GST)
(a) All prices quoted on our Website are in Australian Dollars and are inclusive of GST.
8. PRICE AND/OR DESCRIPTION CHANGES
(a) All prices, pictures, and descriptions on the Website are subject to change. When you place your order with us, you agree to the price and terms indicated on the 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.
9. ERRORS ON OUR WEBSITE
(a) We will take reasonable steps to ensure our descriptions and prices displayed on the Website are accurate.
(b) Prices, product descriptions and availability of product(s) are subject to change without notice.
(c) Any errors will be corrected where and when discovered. Giant Cairns reserves the right to withdraw a stated offer or cancel an order if there is an error, inaccuracy or omission in a stated offer or product description, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.
(d) If your payment has already been processed for the purchase when your order is cancelled, Giant Cairns 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.
10. YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW
(a) 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.
(b) Nothing in these terms and conditions operates to exclude, restrict or modify the operation of any provision of the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
11. RETURN POLICY
11.1Change of Mind Return Policy
(a) The Change of Mind Return Policy below only applies to purchases made through our Website(s). If you have purchased one of our product(s) through the store and would like to return it, please contact our store. If you wish to make a warranty claim in relation to any products, please refer to section 14 on 'Warranties' below.
(b) Giant Cairns' Change of Mind Return Policy applies in addition to, and does not exclude, restrict or modify your rights under the consumer guarantee provisions of the Australian Consumer Law (see section 11 above for more information on your consumer law rights).
(c) Within 30 days following the collection or delivery date (as the case may be), you may return a Product due to change of mind for a full refund of the purchase price (not including any applicable initial delivery or Click and Collect charges), so long as any such Product(s) is in new, unused and undamaged condition, with original packaging, and the original price and information tag(s) have not been removed. Products indicated as "non-returnable for change of mind" on the Website cannot be returned for change of mind. Nothing in this clause limits the rights you have under the Australian Consumer Law.
11.2Returns due to Error by Giant Cairns
(a) In circumstances where Giant Cairns makes an error in the fulfilment of your order, you may return the Product(s) for a full refund of the purchase price and any applicable delivery charges. The 30-day time limit does not apply for returns under this clause.
11.3Returns Process
(a) Returns will not be accepted without a completed Returns form. Please ensure your original Order Confirmation number is included which can be found in your Order confirmation email.
(b) Returns of Product(s) other than Bicycles: Please ensure the above Returns Form is attached or enclosed with the goods you are returning. Any merchandise that shows signs of use (wear, dirt, smell, scuffing, mounting, installation, etc.) cannot be returned under Giant Cairns' Change of Mind Return Policy. 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, Giant Cairns will begin the refund process. Nothing in this clause limits the rights you have under the Australian Consumer law.
(c) Please ensure returned goods are adequately packaged to avoid damage in transit. We strongly recommend that all returned goods are sent with a trackable & insured service. We cannot take responsibility for items that are damaged or lost in transit.
(d) Returns of Bicycles: For all Bicycle returns, please bring your order, with proof of purchase, to Giant Cairns location. For returns under our Change of Mind Policy, you may be eligible for a full refund of the purchase price (not including initial shipping and handling or destination fee charges), so long as the bicycle is in a like-new condition and undamaged (some exclusions may apply to special order bicycles).
(e) Unless otherwise noted, the refund will be for the full value of the returned items. For change of mind returns, delivery fees or Click and Collect charges (if applicable) will not be refunded, subject to your rights under Australian Consumer Law. Credit for the returned items is applied to the payment method that was used to make the original purchase. Returns will be inspected by Giant Cairns within 72 hours of receipt and depending on the financial institution it may take an additional 2-10 business days before a credit is processed and visible in your account.
12. LIMITS OF RESPONSIBILITY
(a) Without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law (as summarized in 'Your rights under the Australian Consumer Law' above), we accept no responsibility for user-initiated damage and/or loss of parts incurred during the operation or use of product(s).
13. WARRANTIES
(a) For all manufacturer warranty claims please return your Product to Giant Cairns:
(b) For all manufacturer warranty claims for products purchased online and delivered, Please contact us at info@giantcairns.com.au and we will notify you of the next steps to be taken.
(c) 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.
(d) No Giant Cairns warranty, and nothing in these terms and conditions, operates to exclude, restrict or modify the operation of any provision of the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)), including the consumer guarantees. In some circumstances your rights under your consumer guarantees may be greater than your rights under the applicable Giant Cairns warranty, in which case Giant Cairns will always honour your rights under the consumer guarantees.
14. FURTHER CONTACT
(a) Should you have any further queries regarding the online ordering process please send your enquiries via email toinfo@giantcairns.com.auand a member of our customer service team will be in contact.