Terms and conditions
These Terms and Conditions constitute a contract between the customer (You) and The Bike Doctor.
1. Agreement
1.1
In these Terms and Conditions "We", "Our" or "Us" means The Bike Doctor; 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, placing an Order or booking a service, 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 and/or Services.
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 The Bike Doctor. 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 websites. 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 websites.
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. Delivery Costs are shown separately on an Order.
4.3
Estimates given for Services and Mobile Servicing are estimates only. Prices may vary due to unforeseen labour costs, additional components required or other.
4.4
Estimates given via our Distance Fee Estimator are estimates only. Prices may change at any time without notice.
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. Orders and bookings
6.1
You may place an Order by following the instructions on the Website. By placing an Order, you make an 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 The Bike Doctor at the time The Bike Doctor sends an Order confirmation to Your nominated email address.
6.3
The Bike Doctor is an online business and will primarily communicate with Customers via email. 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
The Bike Doctor 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
In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6
The Bike Doctor does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7
The Bike Doctor 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 The Bike Doctor (or its affiliates), and The Bike Doctor shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8
Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
6.9
Bookings made with The Bike Doctor are bound by these terms and conditions. Booking times are estimates only and may be cancelled at anytime by The Bike Doctor.
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, 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. If a Product's correct price is lower than the stated price on the Website, we will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, we will refund the price difference and send You the Product.
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. The Bike Doctor 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 The Bike Doctor. 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. Customers are permitted to cancel their Order and receive a refund in accordance with the Refunds Policy at any time prior to dispatch of the Product(s).
8.3
The Bike Doctor will not deliver 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 The Bike Doctor will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.6
The Bike Doctor 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 The Bike Doctor (as notified to the Customer) in relation to date and time of delivery. The Bike Doctor shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
8.7
The Bike Doctor reserves the right to not ship to remote or rural locations.
9. Faulty or damaged goods
The Bike Doctor will repair, replace or refund faulty or damaged Products in accordance with the Consumer guarantee 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
All refunds may take up to 14 business days to be processed.
10.3
Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.
10.4
In order to facilitate a return under the Returns Policy, please contact us.
10.5
The Customer must comply with directions from staff to facilitate a return.
10.6
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. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.
10.7
Subject to clause 10.8, It is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.
10.8
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.
When 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.
11. Consumer guaranties
11.1
The Bike Doctor as the retailer, does not offer any product consumer guaranties. Products sold on The Bike Doctor’s website are covered by the manufacturer’s applicable consumer guarantee policy. It is the responsibility of the customer to liaise directly with the manufacturer of the product if a consumer guarantee 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 complete bicycles sold on the website.
In the case of complete Bicycles, only the individual components themselves are covered by the respective manufacturers’ consumer guarantee. The removal, assembly and tuning requirements of the component is borne by the customer making the claim.
When necessary, the freight costs are split between the parties involved. The customer pays for the component to be returned, Bikes Online 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 bicycle/product, is not covered whilst the consumer guarantee process takes place.
Generally, it is only the original purchaser of the goods that is covered by the consumer guarantee, however check the manufacturer’s consumer guarantee policy first.
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 packaged appropriately for transit.
To contact us for consumer guarantee claims, only email correspondence is accepted - this is to ensure all claims are accurately logged. You can email our consumer guarantee department directly.
11.2
Nothing in these Terms and Conditions excludes the application of statutory conditions, consumer guaranties and guarantees.
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 The Bike Doctor. 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 The Bike Doctor, 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 The Bike Doctor 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 requests. 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. Mobile Service
16.1 General Terms
16.1.1
The Bike Doctor reserves the right to deny to service bicycles that the mechanic deems to be unsafe to work on.
16.1.2
The Bike Doctor reserves the right to deny to service when the mechanic deems the location of the service, or its conditions to be unsafe to work on, and the bike can’t be picked up and taken elsewhere.
16.1.3
The Bike Doctor reserves the right to deny service on bicycles that are covered in dog/bird/animal feces, spiders, a massive abundance of mud/dirt, or similar situations. The business also reserves the right to charge an additional fee for removal of such things.
16.2 Damage
16.2.1
The Bike Doctor takes no responsibility for existing damage on customers’ bicycles.
16.2.2
The Bike Doctor takes no responsibility for perceived damage to customers’ bicycles that are supposed to have occurred during service or transport. Perceived refers, but is not limited to “not feeling right”, “not looking right”, and “not how it was given to the mechanic.”
16.2.3
The Bike Doctor takes no responsibility for damaged bolts, fasteners, fastening interfaces, threads, or mounting surfaces. If bolts are rounded out, snapped, or otherwise damaged, replacements may be sourced from our holding of assorted fasteners, however may not be available at the time of booking.
16.3 Storage of bikes
Bikes held for pick-up and drop-off servicing where a return time cannot be agreed upon, or payment is not made, will be held for a maximum of 30 days, at which point they will be disposed of.
16.4.1 Payment
Our payment terms are ‘due on completion’. For organizations such as schools, charities, big city buildings, and corporate clients, an extension of 30 days may be permissible to account for payment run schedules.
16.4.2
If we don’t receive a payment we will attempt to contact you by phone, SMS, or email. If we can’t contact you for 2 weeks we will try to reach you at the job address. If no payment or contact can be organized, we may engage a collection agency, even for small claims.
16.5 Bookings and Cancellations
16.5.1
If we show up to a confirmed booking and you are not present:
a. We will first call or message you. We’ll door knock.
We will see if you can allow access to the bike while you’re away.
If we can’t get access to the bike, and/or you’re not contactable then this is considered a no-show.
We understand that our customers are human too. We can forget, we can get the day or time wrong or forget to let us know you wanted to cancel. When this happens it directly affects our mechanic’s income and schedule- we usually have a tightly packed day that is organized quite deliberately in a nice order, with jobs grouped together by location. It’s time-consuming to re-organize, and we might be caught waiting for hours until the next customer becomes available.
We will always attempt to re-organize a new appointment, reshuffle the day’s bookings, or figure out a way to better the situation.
Depending on the reason for a no-show or based upon the distance we travelled we may choose to charge a call-out fee for our time and expense incurred. In some circumstances, this may be our standard minimum labour spend per job: $99. This is standard practice in many trades and services, and even services where the customer attends the business’s premises.
16.5.2
Cancellations must be made a minimum of 24 hours before the scheduled service.
If cancellation occurs within 24 hours of a scheduled service, the business reserves the right to charge a cancellation fee in line with the standard minimum labour charge, $99 OR the total job value you we’re quoted, whichever is lesser.
17. Weather
The Bike Doctor reserves the right to cancel, reschedule or take a bike away to work on due to extreme weather events. This can include temperatures above 33 degrees Celsius, Below 5 degrees Celsius, Thunderstorms, Hail, Lightening or High winds.
18. Miscellaneous
18.1
Title and risk in The Bike Doctor Products pass to You at the point of dispatch or embarkation by The Bike Doctor to Your courier.
18.2
The Bike Doctor reserves the right to make changes to The Bike Doctor’s 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 prior to the date of the publication of the revised Terms and Conditions.
18.3
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.
18.4
A failure or delay by The Bike Doctor 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 The Bike Doctor does not preclude its future ability to exercise that or any other power or right.
18.5
Insofar as they apply to the ordering, purchase, fulfilment and delivery of The Bike Doctor Products from www.thebikedoctor.com.au, these The Bike Doctor Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.