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.
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 Bicycles Australia registered in Australia as Giant Bicycle Co Pty Ltd under ABN 35 006 904 730, whose principal place of business is located at Unit 7, 3-5 Gilda Court, Mulgrave VIC 3170, email@example.com ("Giant" and sometimes also referred to as “us,” “we” or “our” herein) regarding your access to and use of Giant’s website(s) (being giant-bicycles.com/au, liv-cycling.com/au, momentum-biking.com/au and cadex-cycling.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.
3. TERMS GOVERNING ALL ORDERS
(a) 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 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 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. Any such changes will apply only to orders placed after the time such changes become effective. 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).
4. ORDERS AND ACCEPTANCE
(a) 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 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 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 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 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 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 accepts payment via MasterCard & Visa credit cards and debit cards as well as ZIP and Afterpay. For ZIP and Afterpay terms and conditions, please refer to their product terms and conditions which are linked at the checkout. 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 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 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 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. CLICK AND COLLECT SHIPPING POLICY
(a) You will have the option to choose the pick-up location from a participating authorised Giant retailer in your area ('Click and Collect'). Giant will notify you via email when the good(s) are available for pick-up at your chosen authorised Giant retailer ('Selected Giant Retailer'). Orders which contain a bicycle must be provided via Click and Collect. You also have the option to Click and Collect orders which do not include bicycles.
(b) It is your responsibility to ensure your Selected Giant Retailer is correct as it will not be possible to change to a different retailer once your Click and Collect order has been submitted.
(c) You agree to collect your Product(s) at the Selected Giant Retailer within 7 business days of receiving an email notifying you that your goods are ready for pick-up. If you are unable to pick-up your goods within 7 business days, you will contact your Selected Giant Retailer to organise an alternative pick-up day. At the time of pick-up, you agree to present to your Selected Giant Retailer:
(i) the original “Order Confirmation” email;
(ii) a government issued identification card (such a valid driver’s license or passport) to verify your identity; and
(iii) the credit card used for the transaction. This is not required for Buy Now, Pay Later transactions including Zip or Afterpay.
(d) If you fail to collect the product(s) and/or fail to contact your Selected Giant Retailer within 14 business days after the receipt of email notice (or such later date agreed in writing by us or the Selected Giant Retailer), we may cancel your order by notifying you via email. If we cancel your order under this clause, we will refund any amounts you have paid in respect of such product(s) (less any applicable shipping, handling and restocking charges).
(e) Any shipping charges that may apply to your order will be made clear to you during the check-out process on the Website.
(f) Not all Product(s) are sent from the same warehouse so they may arrive at your Selected 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 to be collected.
(g) Without limiting clause 4(c), Giant reserves the right to cancel a Click and Collect order under reasonable circumstances, including but not limited to closure of the Selected Giant Retailer or inability of the Selected Giant Retailer to receive your order. If we cancel your order, we will notify you and provide you with a refund for any amounts you have paid in respect of such Product(s).
11. 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)).
12. RETURN POLICY
12.1 Change 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 a store and would like to return it, please contact your local store. If you wish to make a warranty claim in relation to any products, please refer to section 14 on 'Warranties' below.
(b) Giant's 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.
12.2 Returns due to Error by Giant
(a) In circumstances where Giant 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.
12.3 Returns 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's 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 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 your Selected Giant Retailer (the retailer who assembled and provided you with your bike via Click and Collect). 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.
(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 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.
(f) Please note: Our authorised Giant retailers cannot process the refund for you with respect to purchases made on our Website(s). Refunds must be processed by Giant Head Office via the same method used for your original purchase.
13. 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).
(a) For all manufacturer warranty claims please take your Product:
(i) to your local authorised Giant retailer, for orders which were delivered directly to you; or
(ii) to your Selected Giant Retailer, for orders that were Click and Collect orders.
Please bring 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.
(b) 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.
(c) No Giant 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 warranty, in which case Giant will always honour your rights under the consumer guarantees.
15. CADEX PRODUCT ONLINE REGISTRATION
(a) At CADEX, not only do we aim to deliver the best ride experience but also provide excellent after sales support for our customers. As well as the standard 2-year manufacturer’s warranty on CADEX Wheels, Handlebars & Saddles, you can also sign up for our 5-year Incident Replacement Program.
(b) In order to qualify for the 5-year Incident Replacement Program you must register your new CADEX wheels, handlebars &/or saddle online at www.cadex-cycling.com/au/registration within the first 8 weeks of the purchase date.
(c) In the event of a crash, accident or other incident in which the product is damaged, the 5-year Incident Replacement Program enables you to receive a 50% discount when purchasing a new replacement CADEX Wheel, Handlebar or Saddle. If the same model is no longer available an equivalent CADEX product from the most recent line-up can be purchased with a 50% discount based on the Suggested Retail Price of the original product.
(d) In certain instances, there may be additional costs to make the replacement CADEX product compatible with your bicycle for which we are not responsible. This program is limited to the original owner of the product & the customer will be responsible for shipping costs to their local authorised CADEX retailer as well as shipping costs to return the damaged product for disposal. This program is also dependent on a valid proof of purchase being uploaded at the time of registration.
(e) If you’ve successfully registered your CADEX Product and wish to make a claim through our 5-Year Incident Replacement Program please contact firstname.lastname@example.org for further information.
16. FURTHER CONTACT
(a) Should you have any further queries regarding the online ordering process please send your enquiries via email to email@example.com and a member of our customer service team will be in contact.