Terms of service

 

 

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.

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, info@giantbikes.com.au ("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.

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).

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.

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.

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.

GOODS AND SERVICES TAX (GST)

(a) All prices quoted on our Website are in Australian Dollars and are inclusive of GST.

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.

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.

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)).

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).

WARRANTIES

(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.