Internet Terms & Conditions of Trade


Use of this Site:

These terms of use (Terms) govern your use of this website at the following URL address: http://cyclery.com.au/ (Site). Your use of this Site represents your acceptance of these Terms. If you do not agree to these Terms, you must discontinue your use of this Site immediately. Clarence Street Cyclery Pty Ltd ACN 001 680 280 (we, us or our) controls this Site.

Your rights and obligations:

We grant you the right to view all text, graphics, images, software and any other materials contained on this Site (Content) for use in a personal and non-commercial capacity.

You agree you will not:

  • alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company appearing on this Site;
  • modify or edit the Content or publish or sell the Content including, but not limited to, making the Content available on any other website;
  • to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Site;
  • create any links from any other website to this Site without our express prior written permission;
  • use any Content on the Site for any commercial purpose;
  • use any robot, spider, other automatic device or manual process to monitor or copy any Content without our prior written consent;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of this Site; or
  • take any action that imposes an unreasonable load on the Site's infrastructure.

No professional advice:

The information provided on this Site is provided for information purposes only and does not constitute professional advice. You must exercise independent skill and care in selecting any of the products or services referred to on, or made available through, this Site. Accuracy of information We do not represent or make any warranty of any kind in respect of the accuracy, reliability, completeness, currency or continuous supply of any of the Content contained on, distributed through or linked, downloaded or accessed from this Site. We do no warrant that the Site and its related server are free from computer viruses or other harmful applications.

Copyright:

Copyright in all Content and other information included on this Site is owned by us or our licensors. No duplication, public transmission, modification, deletion or reproduction of the Content may be made without our permission except for printing and storage for personal use or other specific use permitted under copyright law.

Trade marks:

The trade marks, logos and product names that appear on the Site belong to us or our licensors. Any use of these trade marks, logos or product names without permission from us or the relevant rights holder is prohibited, except where specific use is authorised under trade mark law or other laws.

Privacy:

For more information on privacy as it relates to this Site, please see our Privacy Policy.

Limitation of liability:

This Site, inclusive of the Content, functionality, performance and features, is provided on an "as available" basis. We do not represent or warrant that your use of, or access to, this Site will be uninterrupted or error-free.

Your use of this Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, access to or reliance on any Content available on or through this Site. Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law which cannot by law be excluded by agreement: (a) we give no warranties, and you have no other rights, apart from those expressly set out in these Terms; and (b) all implied conditions, warranties and rights are excluded. Where any condition, warranty or right is implied by law, or any statutory consumer guarantee applies, and cannot be excluded, we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right or statutory consumer guarantee to the full extent permitted by law.

Subject to the paragraph above, we do not accept any responsibility or liability in contract, tort (including negligence), under statute or otherwise, for any direct, indirect or consequential loss, damage or inconvenience suffered or incurred by any person arising out of or in connection with these Terms, this Site, any use of this Site or the services available through this Site, the reliance on any Content available on or through this Site or the acts, omissions or conduct of any persons using this Site. Third party websites.

We may provide links to other websites which are not under the control of or maintained by us (Third Party Sites).

Any link to a Third Party Site does not imply that:

  • the Third Party Site is in any way affiliated with us;
  • the Third Party Site is legally authorised to use our trade marks, trade names, logos or copyright; or
  • we are legally authorised to use the trade marks, trade names, logos or copyright of the Third Party Site.

We take no responsibility for any Third Party Site accessed via our Site. Nor do we make any representations, warranties or undertakings in respect of the content available on or through any Third Party Site. If you decide to link to a Third Party Site, you leave our Site at your own risk.

Termination:

We reserve the right to immediately terminate your access to all or any part of this Site if you breach any of these Terms. We may otherwise terminate your access to this Site upon reasonable notice. Modification to Terms We may amend these Terms, at any time, at our own discretion and without notice. Any such amendments are effective upon being published on this Site or as otherwise notified. You are responsible for reviewing these Terms regularly. Your continued use of this Site after any such amendments constitutes your consent to such amendments.

General:

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State. If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect. These Terms record the entire agreement between you and us in relation to your use of this Site.

Web Site Use

  1. The information contained on this website is intended for general information only and should not be considered to be complete or definitive. Information on this website may contain technical inaccuracies or typographical errors. Clarence Street Cyclery accepts no responsibility regarding the accuracy of information that is provided by us on this website and use of such information is at your own risk. All content and functionality on this website is provided "as is" and without warranties of any kind by us, express or implied.

  2. This website contains links to sites maintained by other organizations, and Clarence Street Cyclery does not take any responsibility for the content or functionality of those sites. You should take appropriate action to ensure that your access to, and use of this website and other sites is protected against, and free from viruses (including macro viruses), worms, trojan horses and other harmful and destructive material.

  3. Clarence Street Cyclery will not be liable to any party for any direct, indirect, special or other consequential damages arising out of any use of this website, or any other hyperlinked website, and including, but without limitation, loss of profits, interruption of business, loss of data on your information handling system or otherwise, even if Clarence Street Cyclery has been expressly advised of the possibility of such damages.

  4. Except to the extent that liability may not lawfully be excluded, Clarence Street Cyclery will not be under any liability to you for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay, or other direct or indirect loss or damage (including without limitation consequential loss or damage,) however caused which may be suffered or incurred or which may arise from or in connection with your use of this website or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or negligence or breach by us of our obligations under these Terms of Use.

  5. Clarence Street Cyclery does not warrant that any of the functions contained in the website or your access to the website will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.

  6. The information contained in this website is derived from sources believed to be true and accurate. However, the content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. For various reasons substantial delays may occur before particular information on the website is updated. Accordingly, Clarence Street Cyclery does not warrant the reliability, accuracy, currency or completeness of that information and any reliance by you upon that information is at your sole risk. You should satisfy yourself as to the currency and accuracy of any information provided through this website.

  7. By your use of our website you understand and agree that you indemnify Clarence Street Cyclery and hold us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these Terms of Use, your access and, or use of the website or reliance on its contents or information received through it by yourself or any person accessing any content through your website.

  8. Clarence Street Cyclery may at any time revise these terms and conditions by updating this website. By using this website you agree to be bound by all revisions and you should therefore periodically visit this page to determine the then current terms which govern your relationship with us.

  9. The materials displayed on this website, including without limitation all information, text, graphics, names, logos, trademarks, design, software and advertisements ("Content") are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the website. You may access and display these pages on a computer or a monitor only for your personal and non-commercial use. All other use of any part of this website is prohibited without express written permission of Clarence Street Cyclery. You must not use this website in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content. Nothing contained in this website should be construed as a license or right of use of any trademark displayed on the website without the express written permission of the owner of the trademark.

  10. We endeavor to reproduce all colors as accurately as possible. However sometimes there may be slight variation to what you see on our web site. This can be due to photography lighting, computer picture resolution & individual monitor settings.

    Internet Pricing Policy

  11. Clarence Street Cyclery takes all reasonable care to ensure that all internet pricing is accurate and up to date when it appears on our web site, however on occasions and due to circumstances beyond our control some prices may be incorrect or out of date as a result of supplier price changes or incorrect stock identification.

  12. You understand and agree that Clarence Street Cyclery, in its absolute and sole discretion may vary any price of any product or products at any time up until an order has been placed and confirmed as accepted by us.

  13. Clarence Street Cyclery’s standard terms and conditions for sale apply in full unless varied by these terms and conditions.

  14. Clarence Street Cyclery provides no representations or warranties, express or implied, including any implied warranties of fitness for a particular purpose, merchantability or otherwise in relation to any information provided by us on this website.

  15. All statutory or implied terms, conditions or warranties concerning the quality or condition of this website or any information, service, material, advice or recommendation supplied by Clarence Street Cyclery to you through this website is limited to the fullest extent permitted by law. If Clarence Street Cyclery breaches any term, condition or warranty which is implied by law and cannot lawfully be excluded, the liability of Clarence Street Cyclery for a breach of the applicable term, condition or warranty is limited to, at the election of Clarence Street Cyclery:

    1. the resupply of the relevant advice, service, recommendation or information;

      or

    2. the payment to you of the cost of having the relevant advice, service, recommendation or information supplied again.

  16. The title to any product or goods purchased by you remains with Clarence Street Cyclery until payment is made in full, and until title is passed upon full and irrevocable payment the product or goods must be returned upon demand by Clarence Street Cyclery or our agents.

  17. Clarence Street Cyclery stands by the quality of our suppliers manufacturing standards as such should any defect of manufacture (failure of hardware, components or workmanship) presents itself please kindly contact our customer service team and we will endeavor to assist you accordingly.

  18. Treatment which is inconsistent with Clarence Street Cyclery care instructions, dismantling or repair by persons other than recommended repair centers are not covered under the terms of the warranty outlined below.

  19. Clarence Street Cyclery will gladly exchange or refund in accordance with the following conditions:

    1. You must provide proof of purchase, being either, a tax invoice, credit card or bank statement.

    2. Refunds can only be credited back to the credit card that was used to make the original purchase. The refund will be processed as soon as the items have been received and inspected by Clarence Street Cyclery, however, please allow 30 days from the day you return the item for your account to be credited.

    Returns Policy

    1. Shopping at cyclery.com.au is easy and risk free with all full price items ordered able to be returned free of charge, within our 30 day change of mind period.

    2. Clarence Street Cyclery wants you to be satisfied with your merchandise. We will gladly accept a return or exchange of saleable merchandise in original condition within 30 days of delivery date accompanied by an original receipt. All returns accompanied by original receipt will be credited to the original form of payment. All returned items must have the original price tags in place.

    3. If you would like to return any merchandise to our online store or arrange an exchange, please email info@cyclery.com.au or call 02 9295 0000.

    4. Items may be returned or exchanged at our Clarence Street Cyclery store within 30 days of delivery. Proof of purchase will be required.

    5. Due to health regulations shoes cannot be returned or refunded. Please choose carefully when making your purchase. All shoes should be tried on a carpeted surface only before wear. Shoe box and other packaging must accompany the product on return. Clothing must be returned unworn and unwashed, with all packaging and tags still attached. Clarence Street Cyclery reserves the right not to accept intimate items that have been worn for health reasons.

    6. Clarence Street Cyclery stands by the quality of our suppliers manufacturing standards, as such should any defect of manufacture (components or workmanship) which presents itself please kindly contact our customer service team and we will endeavor to assist you accordingly.

       

      Change of Mind

    7. Clarence Street Cyclery will gladly exchange or refund in accordance with the following conditions:

      1. Clarence Street Cyclery will exchange or refund (full price items only) within 30 days of purchase.

      2. We do not provide refunds for change of mind returns on sale items purchased, we will gladly exchange or credit only. Our online store does not accept returns for sale items. You must visit our store to redeem an exchange or store credit. We do not guarantee the availability of sizes or styles at our store therefore if the size or style is not available you will be granted a store credit.

      3. You must provide ‘proof of purchase’, being either, a tax invoice, bank or credit card statement.

      4. Refunds can only be credited back to the credit card or paypal used to make the original purchase. The refund will be processed as soon as the items have been received and inspected by us, however, please allow 30 days from the day you return the item for your account to be credited. The amount refunded will cover the value of the item (s) purchased, however shipping charges are not refundable.

      5. Items must be in new condition and bikes unused and clothing unworn to be accepted as a return. Product tags must be attached or accompany the product on return.

      6. All shoes should be tried on a carpeted surface only before wear. Shoe box and other packaging must accompany the product on return.

      7. All apparel must be returned unworn and unwashed, with all packaging and tags still attached.

      8. Clarence Street Cyclery clothing must be returned unworn and unwashed, with all packaging and tags still attached. For hygiene reasons, Clarence Street Cyclery reserves the right not to accept intimate items that have been worn for health reasons.
     

    Full-Price Merchandise Refunds

      1. The full amount will be credited to the original tender that is the credit card or paypal if returned within 14 days of the ship date on your tax invoice. Please allow 30 days from the day you return the item for your account to be credited.

         

        Sale-Price Merchandise Returns

      2. The full amount of the sale price will be credited in the form of a store credit or exchange for the value paid if returned within 14 days. We do not provide refunds for change of mind returns on sale items purchased, we will gladly exchange or credit only. After 14 days, change of mind returns of sale product are not eligible for exchange or credit.

         

        Return of an online purchase by Mail

      3. Our online store accepts returns for a refund for full price items only, or exchange for a different size or color. If you would like to return your item (s) to our online store please forward your tax invoice to info@cyclery.com.au

      4. You have 30 days from the date of receipt to return the goods. Clarence Street Cyclery cannot guarantee availability of exchanged sizes after this period.

      5. Our Customer Service team are available to take your call from Monday to Friday on 02 9295 0000 or email info@cyclery.com.au

      6. Gift recipients who return an item must be within 30 days of purchase and provide ‘proof of purchase’ being either a tax invoice or a credit card/bank statement

      7. This agreement is governed by and construed in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

      Price Match Guarantee

      Our ‘Shop with Confidence Price Match Guarantee’ means that we match any genuine competitor’s advertised price lower than ours, subject to the limitations and exclusions below.

      Limitations and Exclusions:

      1. The product must be an exact match, including but not limited to the brand, model, year, size and colour.
      2. The product must be new and factory sealed, and subject to a manufacturer’s warranty applicable in Australia.
      3. The product must be in stock and available for immediate purchase and delivery.
      4. This guarantee applies to offers from Australian based retailers which operate a bricks and mortar store.
      5. This guarantee does not apply to offers from merchants outside of Australia.
      6. The price being matched must be in Australian dollars, inclusive of all taxes, delivery fees, and all other applicable fees and charges.
      7. This guarantee does not apply to products purchased under finance.
      8. This guarantee cannot be used in conjunction with any other offer or promotion.
      9. This guarantee does not apply to any special event, membership or trade offers, or any price not available to the general public.
      10. This guarantee does not apply to package deals, cash back, bulk purchase, limited quantity or other conditional offers.
      11. This guarantee does not apply to clearance, ex-demonstration or display offers.
      12. This guarantee does not apply to any products offered by auction websites, daily deal websites, resellers, classifieds, manufacturers, distributors or importers.
      13. This guarantee does not apply to products that require delivery from an overseas based distributor directly to the purchaser.
      14. This guarantee does not apply to advertising errors or misprints, whether they are ours, or our competitors.
      15. We reserve the right to limit the price match guarantee to one item per customer, in the case that we believe that products are not being purchased for personal use.
      16. The limitations and exclusions to our Price Match guarantee are subject to change without notice.

      © Copyright 2014, Clarence Street Cyclery Pty Ltd. All rights reserved.