TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS
These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products and Services from emovebikes.com.au
Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
These terms are part of our engagement process with any business. We assume that by purchase any Product or Service online or in store, you have read these terms provided on our website www.emovebikes.com.au
E-BIKE AND E-SCOOTER SAFETY TERMS AND CONDITIONS
- Agree to being solely responsible and liable for violation of any laws, rules, regulations, and/or ordinances whilst riding the E-bike and E-scooter.
- Agree to being solely responsible and liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, costs and expenses, penalties, lawyers’ fees, judgements, fees and/or disbursements of any kind or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of your actions whilst riding any E-bike or E-scooter bought from E-move Bikes.
- Acknowledge and accept that you must wear a helmet that meets the AS/NZS 2063:2008 standard certification (“Permitted Helmet”) as varied by federal regulation and all times while riding E-move Bikes’ E-bikes and E-scooters, whether required by law or not.
- Acknowledge that accidents, personal injuries, death and other harm can happen when you are operating an E-bike and E-scooter purchased from E-move Bikes, including as a result of falling, collisions, encountering hidden obstacles and varying terrain and aggravation of existing health conditions.
- Acknowledge that you have been warned about these possibilities, and you assume all risk in relation to the operation of E-move Bikes purchased E-bikes and E-scooters. This provision will constitute a “risk warning” for the purposes of any applicable law and may operate to exclude or limit any rights you might otherwise have against E-move Bikes.
I agree to the aforementioned terms of purchase and safety as advised to me by E-move Bikes at the time of my purchase, and acknowledge my responsibilities under these terms.
I will endeavour to have my E-bike and/or E-scooter serviced regularly. I understand service is essential to ensure faults are minimised in everyday use. Failure to adhere to a service plan, may void supplier warranties.
I will familiarise myself with the current state and territory laws regarding electric scooters and/or electric bikes, and shall not hold E-move Bikes responsible for any infringements or breaches of traffic and road laws, under any circumstances.
I will familiarise myself with the E-move Bikes returns policy as stated on the website www.emovebikes.com.au
(*) E-move Bikes is released from any liabilities in relation to a request to de-restrict your E-scooter and/or E-bike. E-move Bikes will assist you to access further scooter settings, but will not modify or alter manufacturer speed settings, remove hard restriction cables, adjust kick start settings, acceleration or ABS braking without a signed release.
ELECTRIC SCOOTERS ARE NOT FOR JUMPIMG
Always keep wheels on the ground.
Jumping E-scooter will dramatically shorten its life.
Warranties do not cover misuse, abuse or water damage.
Do not ride E-scooters in wet weather.
Keep tyres pumped to the maximum pressure.
E-scooters require very minimum maintenance but checking often the tightness of nuts and bolts is vital for your safety and the scooters long life.
THESE TERMS AND CONDITIONS CONSTITUTE A CONTRACT BETWEEN THE CUSTOMER (YOU) AND E-MOVE BIKES
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.
4.1 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.
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.
7.1 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
- Any Products: Free Australia shipping over $100 with credit card payment
- Parts & Accessories: $12 flate rate
- E-Bikes: $120 flat rate with Humm or Afterpay payment
- E-Scooters: $80 flat rate with Humm or Afterpay payment
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 In some cases we are able to offer free shipping (Australian capital cities and major metro areas). Unfortunately due to the weight and size of our products, we are unable to provide free shipping on all products and locations (remote, rural and offshore locations are excluded from Free Shipping Offers).
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 email@example.com
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
11.1 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 firstname.lastname@example.org
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
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.
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.
16.1 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.
16.2 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.
16.3 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.
16.4 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.
16.5 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.
16.6 No E-move Bikes employee or agent has the authority to vary any of the Terms and Conditions governing any sale.