Conditions of Use
Your use of the web site indicates your acceptance of these terms and conditions. These terms and conditions are subject to change by Online Bicycle Parts. Online Bicycle Parts may change the content of its terms and conditions at any time without any prior notice to anyone.
By becoming a member of Online Bicycle Parts, the customer herein agrees to be bound to the terms and conditions listed on Online Bicycle Parts.
1. Placing Order / Pricing:
Any quotation made by Online Bicycle Parts is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by Online Bicycle Parts within seven (7) days of receipt by Online Bicycle Parts of the customer's offer. All pricing is in Australian dollars and exclusive of GST. Please note that pricing and stock availability is subject to change without prior notice. Online Bicycle Parts reserves the right not to sell below its cost. E & OE. All orders placed are subject to confirmation and acceptance by Online Bicycle Parts, this includes the pre-paid orders, e.g. direct deposit etc. Online Bicycle Parts may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Online Bicycle Parts requests payment for increased prices, you may cancel the order by giving notice to Online Bicycle Parts, which must be received within seven days of the announcement of the increase. Quantity in stock displayed on the web site should be considered as a guide only. Quantity in stock does not take into account the orders already placed which are yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on the web site.
2. Delivery/collection:
The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from Online Bicycle Parts premises unless the Customer has insured the item when buying from Online Bicycle Parts. Customers are responsible to have someone at the delivery address to sign for and accept the delivery if required.
3. Returns / Refunds / Cancellations:
There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order. Returns for refund will only be accepted within 7 days of you receiving the goods. Returned goods must be in its original condition and include all the original packaging. Shipping and handling cost are not refundable. Any incorrect, missing or damaged items received must be reported to Online Bicycle Parts within 24 hours of you receiving the delivery. This can only be done by E-mail or Fax. If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter. Online Bicycle Parts owns the title of any extra goods shipped with your order that have been dispatched in error. If requested by Online Bicycle Parts, the Customer may be required to provide information in that Online Bicycle Parts can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by Online Bicycle Parts. Failure to provide sufficient information may delay the refund or cancellation, Online Bicycle Parts is not to be held responsible for any delays according to clause provided by Online Bicycle Parts. Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the dispatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back. Cancellations may be communicated by email or Fax.
4. Payment:
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to Online Bicycle Parts without deduction or demand, within the approved term as advised by Online Bicycle Parts, or in the absence of a term approved by Online Bicycle Parts, within (7) days from the order date. Payment for products ordered through Online Bicycle Parts can be made by credit card or Online Bicycle Parts account.
5. Default in Payment:
If the Customer defaults in payment to Online Bicycle Parts, then:
a/ the Customer shall pay to Online Bicycle Parts, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and
b/ all moneys owing by the company to Online Bicycle Parts shall become due and payable forthwith without demand, and
c/ Online Bicycle Parts may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full.
6. Liability:
a/ Online Bicycle Parts shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
b/ Online Bicycle Parts expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
7. Retention of Title:
7.1 the title to the Products will pass to the Customer when payment in full for the Products has been received by Online Bicycle Parts. Until the Customer has paid to Online Bicycle Parts the full purchase price:
a/ Customer shall hold the Products as bailee for Online Bicycle Parts.
b/ the Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
c/ the Customer shall indemnify Online Bicycle Parts against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by Online Bicycle Parts, or repossession or attempted repossession by Online Bicycle Parts.
d/ any sale of the Products shall be affected as bailee for Online Bicycle Parts, and the proceeds of such sale shall be held on trust for Online Bicycle Parts. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
e/ the Customer shall permit Online Bicycle Parts to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
f/ reserve right of entry to inspect or recover goods owned by Online Bicycle Parts, wherever they are located.
7.2 In the event that:
a/ the Products are not paid for in full in accordance with these terms and conditions of sale, or any other agreement between Online Bicycle Parts and the Customer; or
b/ the Customer commits any breach of the terms and conditions of sale or any other agreement between Online Bicycle Parts and the Customer; or
c/ the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or
d/ the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy. then Online Bicycle Parts may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where Online Bicycle Parts reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to Online Bicycle Parts for payment for the Products; If Moneys are recovered in full.
8. Disclaimer:
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice. Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice. Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images. Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.
9. Obligations of the Customer:
As member of Online Bicycle Parts, the Customer must provide current, complete, and accurate information about the Customer at all times. The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account, Online Bicycle Parts will not be held responsible in any manner. On the first purchase the Customer places with Online Bicycle Parts, the Customer might be required to provide additional identification to Online Bicycle Parts to help eliminate Internet credit card fraud and to provide additional security. Online Bicycle Parts reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arises from the Customer, they shall report it to Online Bicycle Parts immediately. Online Bicycle Parts does not stored any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.
10. Differences and Complaints:
Subject to the provisions of clause 7, Online Bicycle Parts shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises Online Bicycle Parts in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
11. Waiver:
The failure or neglect by Online Bicycle Parts to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of Online Bicycle Parts rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice Online Bicycle Parts right to take subsequent action.
12. Sever Ability:
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
13. Governing Law:
Online Bicycle Parts and the Customer agree that the terms and conditions of sale shall be governed by the laws of
New South Wales,
Australia.
