1. Agreement

1.1 In these Terms and Conditions “We”, “Our” or “Us” means emovebikes.com.au; and “You” or “Your” means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.

1.2 By browsing the Website, or placing an Order online or in-store, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.

1.3 The Agreement together with your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.

2. Legal Capacity

If you are under the age of eighteen (18) years you cannot place Orders with E-move Bikes. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

3.2 You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

3.4 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

4. Pricing

4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:

a. by agreement between You and Us in writing or by email; or

b. in accordance with clause 7.4.

4.2 All prices listed on the Website exclude Delivery Costs and Assembly Costs. Delivery Costs are shown separately on an Order.

5. Product Specifications

5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

5.2 All weights and dimensions of Products described in the Website are approximate.

5.3 Any modification performed by You or by us at Your request, immediately voids all product specification warranties and guarantees.

6. Orders

6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of your Order (Purchase Contract).

6.2 Orders will be deemed to have been received by emovebikes.com.au at the time E-move Bikes sends an Order confirmation to Your nominated e-mail address.

6.3 emovebikes.com.au will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4 E-move Bikes reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

6.5 E-move Bikes does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

6.6 E-move Bikes shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of E-move Bikes, and E-move Bikes shall be entitled to a reasonable extension of time for the performance of such obligations.

6.7 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

7. Payment

7.1 You may provide your nominated credit card during the purchase process described on the Website.

7.2 Payment for Orders will be processed immediately upon confirmation of Your Order.

7.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

7.4 Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product’s correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel your Order.

8. Delivery and ownership of the goods

8.1 We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. E-move Bikes does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

8.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by E-move Bikes. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order.

8.3 E-move Bikes will not deliver some of Products to PO Box addresses.

8.4 Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.

8.5 The couriers or postal services nominated by E-move Bikes will deliver Products during local business hours (9am to 5pm, Monday to Friday).

8.6 E-move Bikes is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by E-move Bikes (as notified to the Customer) in relation to date and time of delivery. E-move Bikes shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

8.7 E-move Bikes reserves the right to not ship to remote or rural locations.

8.8 E-move Bikes will not be responsible for any damage or legal action caused by any courier or postal service, or contractors of these services. It is the responsibility of the customer to liaise with the responsible courier or postal service, or contractors to these services – including taking out your own insurance in this regard.

9. Faulty or damaged goods

 

E-move Bikes will repair or replace faulty or damaged Products in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law.

10. Refunds and returns

10.1 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

10.2 We offer only store credit refunds.

10.3 In order to facilitate a return under the Returns Policy, please contact us at info@e-movebikes.com.au

10.4 The Customer must comply with directions from staff to facilitate a return.

10.5 Returned Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. 

10.6 Subject to clause 10.7, It is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

10.7 Where you are returning a Product to us because of our failure to comply with a consumer guarantee. You must return the Product to us at your cost unless the Product cannot be returned, removed or transported without significant cost to you because of:

a. the nature of our failure to comply with the consumer guarantee, or

b. the size or height, or method of attachment, of the Product.

Where you are returning a Product to us, we take no responsibility for a Product lost in transit.

If subsection (b) applies, We will, within a reasonable time, collect the Products at our expense.

Find out more at  www.emovebikes.com.au/returns-policy

11. Warranties

11.1 E-move Bikes as the retailer, does not offer any product warranties. Products sold on the emovebikes.com.au website or in-store are covered by the manufacturer’s applicable warranty policy. It is the responsibility of the customer to liase directly with the manufacturer of the product if a warranty claim would like to be made.

We do however act as the conduit between the customer and the product manufacturer (or their representative) with respect to Products sold on the website or in-store.

When necessary, the freight costs are split between the parties involved. The customer pays for the component to be returned, E-move Bikes pays for the component to be sent to the manufacturer, and the manufacturer sends the component back to the customer.

The costs/inconvenience caused by the loss of use of the product, is not covered whilst the warranty process takes place.

Only the original purchaser of the goods that is covered by the warranty. Therefore, the warranty is not transferable if the goods is resold or given to someone else.

If you feel your product has developed a fault, please contact us first as we might be able to assess the issue without having the product sent back.

If the product/component needs to be returned, it must be clean and package appropriately for transit.

To contact us for warranty claims, only email correspondence is accepted – this is to ensure all claims are accurately logged. You can email our warranty department directly at info@e-movebikes.com.au 

11.2 Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.

Find out more at  www.emovebikes.com.au/returns-policy

Ampd Brothers

Any Warranty, Service or Parts related requests and enquiries must be forwarded to our Tech Team directly at service@ampdbros.com. Please refer back to us for warranty assistance.

Warranty Periods:

• 2 Year’s on 2023 Ampd Brothers Electric Bike Models (1 Year on Batteries) Sold from December 1st 2022 onwards
• 1 Year on Pre 2022 Electric Bikes, Surron, Scooters & Skateboards
• 6 Month’s on Products Sold as “Ex-Demo” or “Refurbished” items
• 3 Month’s on any Parts & Accessories*

What Our Warranty Covers:

• Manufacturers Faults, defects and/or Failure
• Original Purchasers of Product where a Receipt is Presentable

What We Don’t Cover:

• Damage or Failure due to misuse (eg. freestyle activities) 
• Damage caused by failure to service or uphold regular maintenance 
• Damage caused from water, natural disaster, fires, storms or floods
• Damage caused from foreign objects or debris
• Damage caused by incorrect fitment, installation or assembly
• Damage caused during freight (Please opt for freight insurance at the checkout if you require)
• Wear and Tear Items eg. Tyres, Tubes, Bearings, Brake Pads & Discs
• Modification, Alterations, and Installation of parts that are not supplied as original equipment or where the device is altered from it’s original manufacturers state
• Failure of components/parts/accessories used on foreign brands products, for “DIY” purposes or where the item is used on products that are not Ampd Brothers branded items. Eg. Ampd Brothers batteries used on home made custom built bikes.
• Persons who are not the Original Purchaser as listed on the Receipt
• Claims outside the Valid Warranty Date from the Date of Receipt
• Products that were won as Prizes in exclusive competitions or giveaways
• Any Packaging required to pack items Securely for Return Repairs
• *Accessories such as Clothing, Bags, Tyres, Tubes, Serviceable Fluids, Perishables or Wear and Tear items

What Happens When I Have a Warranty Problem?

1. Contact a member of our team to assist with diagnosing the problem
2. If a manufacturers fault is established we will ship out the replacement part OR 
3. If the fault requires a technician to diagnose, repair or install components we will direct you to one of our dealers, a local bike store or technician for further attention OR
4. In extreme and isolated cases we will arrange return of the product to us at our own expense.

Note: Items that are required to be returned for repairs will need to be packed securely for freight, of which it is up to the purchaser to ensure that the product is packed securely for this return process. Any Damages caused during freight are not warrantable nor covered by Ampd Brothers.

Ampd Brothers takes customer safety seriously and with this in mind we hereby declare that any modification, alterations, and installation of parts that are not Ampd Brothers parts or supplied as original equipment by the manufacturer are not covered by warranty.

Ampd Brothers will void any product warranty immediately and not take any responsibilities for any problems arising from modifications, alterations, or aftermarket replacement on the following parts (including but not limited to): battery, motor, controller, throttle, transmission system, suspension systems and braking systems, etc.

The above mentioned alteration or modification to such parts can pose serious safety risks that could cause injury or even death.

12. Liability

To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

13. Intellectual Property

All Intellectual Property in any Material on the Website is the property of E-move Bikes. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

14. Privacy

By placing your Order or otherwise contacting E-move Bikes, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other E-move Bikes products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

15. Gift Vouchers

15.1 Gift Vouchers & Credit Notes have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.

15.2 Gift Vouchers & Credit Notes may be redeemed by entering the voucher code into the Gift Card field at checkout. Gift cards will not be refunded.

16. E-Bike Hire

Hire Agreement

Hirer/Authorised Rider Consent

The Hirer acknowledges that:

16.1. They have had a chance to read and discuss/negotiate the Terms and Conditions attached to this Agreement;

16.2. They have instructed all authorised riders of any laws including all Terms and Conditions relevant to and associated with the hire under this agreement;

16.3. They take full responsibility for any legal actions or breaches of the Terms and Conditions that may arise out of any conduct, no matter how remote, by the Authorised Rider/s;

16.4. They are responsible for ensure that the product and any accessories provided under this agreement are returned to the provider in the same condition as it was rented to the Hirer/Authorised Rider and accepts that failure to do so will result in an authorised charge fee as specified in this agreement being charged to the Hirer/Authorised Rider;

16.5. They are aware that although the product and any accessories may be water resistant, they are not waterproof and have been advised not to ride in any wet conditions – any water damage will be assessed and they will be liable for loss and damage to the product/s;

16.6. They will allow an E-Moves Bike representative to do monthly checks on the condition and performance of the product/s including the taking of pictures to ensure compliance with the terms above specified;

16.7. They will be liable for loss and damage to the product/s during the rental period;

16.8. They will take on the product/s supplied and any replacement product/s provided under this agreement;

16.9. They acknowledge and accept the Terms and Conditions set out in this agreement;

16.10. They indemnify E-Moves Bikes from any claims both now or in the future in relation to this agreement;

16.11. They confirm that the product/s has/have been delivered in the condition described in this agreement; and

16.12. They agree to be bound by all Terms and Conditions as set out, and will be personally liable to any and all costs associated with this agreement.

17. Miscellaneous

17.1 Title and risk in the emovebikes.com.au products pass to You at the point of dispatch or embarkation by E-move Bikes to Your courier.

17.2 E-move Bikes reserves the right to make changes to the E-move Bikes Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

17.3 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

17.4 A failure or delay by E-move Bikes to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by E-move Bikes does not preclude its future ability to exercise that or any other power or right.

17.5 Insofar as they apply to the ordering, purchase, fulfilment and delivery of E-move Bikes Products from emovebikes.com.au, these E-move Bikes Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Queensland, Australia and the parties submit to the jurisdiction of the courts in that State.

17.6 No E-move Bikes employee or agent has the authority to vary any of the Terms and Conditions governing any sale.