BikeExchange Australia Pty Ltd ABN 57 114 947 116
Welcome to BikeExchange.com.au!
These are the terms and conditions (Terms and Conditions) governing the use of BikeExchange.com.au (also referred to as the Site). Please read these Terms and Conditions carefully before using this Site. By using the Site, you agree to the Terms and Conditions.
These Terms and Conditions apply to all Users of the Site unless the Terms and Conditions specify otherwise.
The Terms and Conditions published at the time of your use of the Site shall apply to you.
BikeExchange Australia Pty Ltd reserves all rights to alter these Terms and Conditions as set out below from time to time and at its discretion. Each time you use the Site, you should be aware of our current Terms and Conditions.
To use this Site you must first read and agree to the Terms and Conditions as set out below.
If you do not agree to the Terms and Conditions as set out below, please leave the Site now.
1 Introduction
1.1 BikeExchange Australia Pty Ltd (ABN 57 114 947 116) (also referred to as ‘we’ or ‘our’ or ‘us’ or ‘BikeExchange’ or 'BEX') is an Australian private company limited in liability by the value of its shares. We operate an online advertising medium/marketplace platform via the Site, allowing users to advertise and/or purchase all things related to cycling, for example bicycles, bicycle parts & accessories, bicycle clothes, apparel and footwear, bicycle holidays and bicycle events.
1.2 Definitions:
When we refer to ‘us’, or ‘our’ or ‘we’ or similar, we are referring to BikeExchange Australia Pty Ltd (ABN 57 114 947 116).
When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a User of this Site.
Other defined terms and their meanings are:
‘Allocated Area’ means the area on the Site approved by us for a Seller to advertise their Product;
‘Australian Law’ means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;
‘Backorder’ means an order for a Product that is temporarily out of stock;
‘Business Day’ means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Australia.
‘Buyer’ (also referred to as ‘you’ or ‘your’ where the context permits) means a person who browses the Site, being a potential buyer of a Product via the Site, and also a person who wishes to purchase, or has already purchased, Products from a Private Seller or a Retail Seller from an advertisement placed on the Site;
‘Charge Back’ means a buyer disputed or fraudulent transaction that has been remitted to the retail seller on the Site;
‘Intellectual Property Rights’ means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:
(a) graphics programming codes, drawings, computer programs, website
(b) business names, company names, product names;
(c) any right to have information kept confidential;
(d) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;
(e) phone numbers, fax numbers, email addresses, directory listings; and
(f) Twitter, Facebook, Skype, LinkedIn, Viber, Instagram and other social media contact points.
‘Licence’ means the irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual licence to use any and all of the information provided by Sellers to us with such licence to be including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information;
‘Loss’ includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring;
'Merchant fees' means a cost charged by a merchant (including but not limited to a bank) to a Retail Seller when a buyer is paying with (including but not limited to) a credit card, charge card, debit card, etc. to cover the cost of accepting / processing a payment. This Merchant fee may be varied from time to time without notice.
‘Minimum Term’ means 12 months;
‘Party’ means any Buyer, Private Seller, Retail Seller, and ‘parties’ has a corresponding meaning;
‘Private Seller’ (also referred to as ‘you’ or ‘your’ where the context permits) means:
- an individual who:
o has Products advertised on the Site or
o proposes to advertise Products on the Site; and - does not carry on a business selling the same or similar products that are sold on the Site;
‘Product’ means a good or service advertised by or sold by a Seller on the Site;
‘Retail Seller’ (also referred to as ‘you’ or ‘your’ where the context permits) means a Seller who is not a Private Seller;
‘Seller’ (also referred to as ‘you’ or ‘your’) means any entity posting an advertisement on the Site for the sale of a Product or selling a Product on the Site, and being either a Private Seller or a Retail Seller;
‘Site’ means the internet site at the domain bikeexchange.com.au as configured and described as such by us from time to time or any other internet site operated by us from time to time;
‘Store Account’ means the arrangement by which a Retail Seller is given personalized access to the Site to advertise and sell Products;
‘Subscription’ means the service provided by BikeExchange to Retail Sellers by way of a prepaid fee payable by the Retail Seller to BikeExchange;
‘Users’ means anyone using the Site for any purpose and includes all Sellers and all Buyers;
2 All Users
2.1 Before using this Site, you must read and accept these Terms and Conditions (including Service levels) and the BikeExchange Privacy Policy. You agree that these Terms and Conditions (Service levels) and the BikeExchange Privacy Policy will apply whenever you visit the Site or when you use the tools we make available to interact with the Site.
Nature of the Site
2.2 By providing a platform for the sale of Products, we facilitate the transactions between Buyers and Sellers. This includes but is not limited to assistance with customer service, Charge Backs, fulfilment, warranties, returns and Product defects etc. in accordance with all and any applicable Australian Law. This facilitation does not make us responsible for any obligations of the participants in these transactions.
3 All Buyers
Shipping and Delivery Policy
3.1 Standard delivery times for Products purchased through the Site are between three (3) and ten (10) Business Days. In the event that an ordered item is not available or it is not possible to fulfil your order we will notify you within 2 (two) business days to arrange an alternative Product, a Backorder or a full refund.
Click & Collect
3.2 The ‘Click and Collect’ feature on the Site enables you to purchase a Product online and collect the purchase from a Retail Seller’s store. The service is only available from the Retail Seller from which you purchased the Product, and for Products that feature the ‘Click & Collect’ icon. It is your responsibility to ensure you have the correct details of the Retail Seller and that you have correctly entered all order details (including the your contact details). You will be notified by the Retail Seller within approximately 24 to 48 hours (or 1 to 2 Business Days) after having placed the order as to when the Product is ready for collection. You must present current photo identification and a payment receipt for the purchase to collect ‘Click & Collect’ purchases from the Retail Seller.
Events & Ticketing
3.3 Events and tickets advertised on the Site enables you to purchase and or reserve entry to specific events advertised by Sellers. If you have any queries or reservations about an event you must contact the Seller directly or review the particular event’s terms and conditions provided by the Seller prior to purchasing.
3.4 Our facilitation of payment for the tickets does not lead to any liability or responsibility on the part of BikeExchange, and any such responsibility rests with the Seller. BikeExchange has no obligation or liability to provide the ticket or entry pass to any event.
Exchange & Returns Policy for purchases from Retail Sellers
3.5 All Buyers should choose carefully before buying, as an order to purchase creates a contract between the Buyer and the Seller.
3.6 We do not offer a satisfaction guarantee on Products or refunds for change of mind, however we will always endeavour to keep you happy and satisfied. This warranty only applies to unused and undamaged goods.
3.7 For faulty Products, Retail Sellers offer a fourteen (14) day replacement warranty from the date you receive your Product. If your Product can be replaced, it will be replaced with the same or a similar Product. If a Product cannot be replaced, you will be offered the option of a replacement Product of the same value, or of being provided with a refund for the total value of the Product.
3.8 Any faulty Product must be returned by you to the Retail Seller from which it was purchased, and proof of this purchase must also be presented. Replacements for faulty Products will be sent to you at no charge within five (5) Business Days from the date the faulty Product is returned.
3.9 When returning a faulty Product to the Retail Seller, please make sure you also provide us the following details:
• Your full name
• Your address
• Your order number
• The date of delivery (or collection) of the Product
• The address of the Seller’s store
• Reason why you are returning the Product
• Your instructions informing us how you would like the issue resolved
• Contact phone number
• The original order confirmation or invoice you received with your Product.
3.10 If you return a Product that is the wrong size and we determine that it has been used since its purchase, no exchange or return will be granted.
Risk & liability
3.11 We accept advertisements from Sellers in good faith. Advertisements on the Site for Products are prepared by Sellers who are unrelated to us. We take no responsibility for the accuracy of price information or specifications of any Products advertised and/or sold. We take all reasonable precautions to only host accurate information on the Site, but we are not responsible for information uploaded or created by such third parties. You should verify such information yourself.
3.12 All other information on the Site and Products acquired through the Site are provided “as is” without warranty of any kind by us. We do not warrant or represent that the Products advertised on the Site will be suitable for any purpose, or that a Seller has any particular skill, knowledge, qualification or is legally entitled to carry on a particular business. It is your responsibility to verify any information on the Site and to investigate for yourself the condition, quality and suitability of any Products advertised on the Site.
Security
3.13 When purchasing a Product, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. It is estimated that it would take at least one trillion years to decrypt 128-bit SSL encryption, and this level of encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre (03) 9257 3200.
4 All Sellers
4.1 By placing an advertisement on the Site, all Sellers accept and must conduct themselves in accordance with these Terms and Conditions and Service Levels. It is a Seller’s responsibility to ensure they comply with applicable Terms and Conditions and service levels.
4.2 You must have clear legal title and ability to sell Products you advertise on the Site in accordance with Australian law.
Fees and payment
4.3 Fees for any service offered by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms and Conditions.
4.4 Fees differ for Private Sellers and Retail Sellers. All applicable fees are clearly stated on the Site and it is the Seller’s responsibility to consider the fees before they advertise. Placing an advertisement on the Site is deemed to be acceptance of these Terms and Conditions and the applicable fees. You should read and understand these Terms and Conditions so that you are aware of the fee that is relevant to you (if any).
4.5 All fees for advertisements placed on the Site must be prepaid, unless stated otherwise or prearranged with an authorised representative of BikeExchange.
4.6 Any fees paid to us to place an advertisement on the Site do not grant any Seller exclusive rights to any web page on the Site.
4.7 By advertising and completing sales on the Site, you are giving us permission to accept full payment on your behalf from Buyers for sales of Products prior to us accounting to you for such sales.
Content of advertisement
4.8 All advertisements must relate to cycling and fall within the Site’s search criteria. We may reject advertisements that are not relevant to these areas of interest and reserves the right to cancel/and/or amend such advertisements, without notice and without refund.
4.9 We may withdraw or alter the advertisement or material you send us if it is deemed to be inappropriate, incorrect or not in keeping with the Site’s style standards and tone.
4.10 Advertisements on the Site may only include text descriptions, graphics, pictures and other content relevant to the sale of that particular Product.
4.11 Any phone numbers provided for advertisement must be yours as officially ascribed to you by a telecommunications business or you must have permission and authority to use such phone numbers.
4.12 We reserve the right to verify the availability of items offered for sale and to verify the information contained in any advertisement by requiring the Seller to provide acceptable evidence of the availability of the item(s) for sale. You agree to provide such additional information as we reasonably require. Failure to comply may result in your service being suspended or cancelled and/or removal of the advertisement.
4.13 Sellers must not post/submit illegal, prohibited or offensive content to this Site and must not use derogatory terms on the Site. Any Seller who submits such content may be reported to the proper authorities. We reserve the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by us to contain illegal or prohibited content, derogatory or offensive terms.
4.14 Sellers may not include political, religious or controversial material on any advertisement or part of the Site. We reserve the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by us to contain such content.
4.15 Sellers must not use this Site to promote any products not permitted to be sold via the Site nor advertise hyperlinks directing Buyers to other websites.
4.16 We do not permit data mining of any of the content on this Site in any way.
4.17 We do not permit the use of the Site to publish anything that could be considered spam, phishing, bulk electronic messaging, or anything else that contravenes Australian Law.
4.18 If you are the subject of an interview and/or article and/or feature and/or video of any sort appearing on the Site, you accept that the published interview and/or article and/or feature and/or video is prepared with editorial integrity and that our editorial decision is final. You also accept the possibility that editorial errors can occur. Where such errors occur, we will make every effort to amend these errors as soon as they are discovered or brought to our attention but we will not liable for any adverse consequences or loss arising from any such error.
Intellectual property rights
4.19 The Site is the property of BikeExchange and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced or copied in any way.
4.20 No Seller shall be entitled to claim any loss or damage against us for the use publication, republication, producing, reproducing, modifying, deleting, adapting or publishing any of the information provided by a Seller to us.
4.21 If you submit information to the Site in which you have no Intellectual Property Rights, it is your responsibility to gain permission from the original owner of that information. We may require production of evidence from a Seller of its Intellectual Property Rights in the information submitted.
4.22 We do not claim any Intellectual Property Rights in the content of any advertisement other than the content that is authored and published by us. By using this Site, all Sellers grant BikeExchange a Licence to use any and all of the information provided by such Sellers to BikeExchange with such Licence to be irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information.
Social media
4.23 We may use social media and the Site may provide links to a number of social media sites, for example Facebook, Twitter, Skype LinkedIn, Viber and Instagram. We reserve the right to change, vary, increase, decrease or desist from its social media presence at any time at our sole discretion.
4.24 We may from time to time host our own social media function, including blogs, consumer reviews, ratings and forums but are not obliged to do so. We do not necessarily endorse, support, encourage, verify or agree with any comments or opinions posted by third parties and any such posting does not necessarily represent the views of BikeExchange. We take no responsibility for all and any content on the Site except for such items which are specifically identified as being content produced by us.
5 Private Sellers
5.1 Private advertisements must only be advertised by Private Sellers. We may require evidence or a declaration to verify this status. If we determine that a Product is listed for commercial gain, the private advertisement will be immediately removed without notice or refund.
5.2 A private advertisement will expire 60 (sixty) days after its first day of publication, at which time a Private Seller has the option of renewing the advertisement at 50% of the original advertisement fee. The first and any further renewal periods are for 60 (sixty) days each.
5.3 We will endeavour to display your advertisements as submitted by you. However we make no guarantees regarding placement or content of other advertisements displayed on the same page as your advertisement.
6 Retail Sellers
6.1 You must meet the requirements to be a Retail Seller to operate as such through the Site. We may require details and evidence of same.
6.2 If you are a Retail Seller, you must not advertise as a Private Seller and shall not purport to be a Private Seller.
6.3 In order to sell Products on the Site as a Retail Seller, you must create a Store Account and subscribe to the Site for at least the Minimum Term. Once a Store Account is created, these Terms and Conditions apply to you as an agreement with us until terminated:
(a) by either party giving the other party 30 days’ notice of intention to cancel a subscription; or
(b) by us without notice where there has been a breach of these Terms and Conditions by you as a Retail Seller.
6.4 As a Retail Seller, you are responsible for Product fulfilment, service returns, refunds, customer service, dispute resolution in respect of sales of Products via the Site.
6.5 By becoming a Retail Seller on this Site, you acknowledge that we may recover all costs that are incurred in relation to honouring sales of Products on the Site including but not limited to costs in relation to Charge Backs, Merchant fees, fulfilment, warranties, returns and Product defects. These costs will be debited to your credit card or direct debit account provided to us and you authorise such debits from your account.
6.6 Retail Seller advertisements must be classified in nature. Blanket advertisements such as “25% off all clothing” are considered to be generic advertising and are not permitted within the classified section of the Site. Failure to comply may result in your service being suspended or cancelled.
6.7 All advertisements placed by Retail Sellers must be for Products that are in stock and available for purchase. We may require an assurance or evidence of this from you from time to time. Failure to comply may result in your advertisement being removed from the Site and/or your Store Account being suspended or cancelled.
6.8 Except within the Allocated Area, under no circumstances are Retail Sellers permitted to advertise their business telephone number within their advertisements on the Site. Failure to comply may result in your advertisement being removed from the Site and/or your Store Account being suspended or cancelled.
Fees and payment
6.9 All Fees listed on the Site are inclusive of GST and incur Merchant fees.
6.10 All sales by Retail Seller on the Site are subject to a 10% commission. This fee may be varied from time to time without notice.
6.11 Details of Retail Seller fees can be found here. Payments will be charged monthly to the Retail Seller’s Store Account based on the Product’s date of sale. For example, if you originally paid on 10 February, your account will be charged on 10 March and so on.
6.12 Once the Minimum Term has expired, we will continue to charge your Store Account until we have been given one month’s notice of your intention to cancel your subscription.
6.13 In the event that we materially change these Terms and Conditions, we will notify Retail Sellers. If you are a Retail Seller, you may terminate the subscription with BikeExchange within fourteen (14) days of such notice, failing which you are deemed to have accepted the changes to the Terms and Conditions.
6.14 By creating a Store Account and agreeing to these Terms and Conditions, you have authorised us to debit funds from your nominated account that may from time to time become due to us under your Store Account.
6.15 By agreeing to these Terms and Conditions you undertake to provide us with details of a valid bank account or credit card sufficient to enable us to credit or debit such account from time to time. You undertake to update or certify these details regularly and advise us if expiry dates or Card Verification Codes (CVCs), Card Security Codes (CSCs) or Printed Card Security Codes (PCSCs) change. We shall not be liable or responsible for the loss or delay of funds due to you as a result of your failure to provide accurate and current payment details in a timely manner.
6.16 We may give you at least fourteen (14) days’ notice in writing of any changes to the Terms and Conditions of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes.
6.17 Any Charge Backs attributable to your Store Account are your responsibility as a Seller. In this event, your Store Account will be charged by us, using your Credit Card details on file.
6.18 We will pay Retail Sellers (less our commission) for all sales within fourteen (14) business days of confirmation from you that the Product has been sold and dispatched.
6.19 Payment will be made via electronic funds transfer (EFT) to your nominated bank account.
Cancellation of subscriptions
6.20 Cancellations of subscriptions must be sent to us in writing via mail to 101 Moray Street, South Melbourne, VIC, 3205 or email to info@bikeexchange.com.au. We will notify you when your cancellation is accepted by us.
6.21 Service to your BikeExchange account will still be maintained after we notify you of the cancellation of your subscription and deactivated the day prior to the subsequent billing date.
7 General
Promotion of good business practice
7.1 We aim to promote good business practices and a fair and efficient marketplace. All advertisers on the Site must comply with all and any Australian laws or regulations that apply to any transaction on the Site in which you are involved.
Currency
7.2 All transactions are processed in Australian dollars (AUD).
BikeExchange not a party to transactions between Users on the Site
7.3 We are not a party to any contract between a Buyer and a Seller on the Site. To the extent that the law allows, there is to be no deemed association between a number of separate contracts.
Each purchase a separate contract
7.4 Each purchase by a Buyer from a Seller via the Site constitutes a separate contract between the Buyer and the Seller.
You may request amendments to these Terms and Conditions
7.5 Nothing in these Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Terms and Conditions in their particular case or for a particular transaction. Such requests will be considered by us on a case by case basis, and should be send in writing via mail 101 Moray Street, South Melbourne, VIC, 3205 or email to info@bikeexchange.com.au. These Terms and Conditions will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of BikeExchange and expressly identified as an amendment of these Terms and Conditions.
Relationship of parties
7.6 By using this Site you agree that there is no agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship intended or created by these Terms and Conditions other than the agreement to host your advertisement on the Site and you shall not take any action or make any representation that you have any agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship with BikeExchange.
Governing law and jurisdiction
7.7 The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Overseas Users
7.8 The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.
Australian Consumer Law
7.9 To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms and Conditions.
7.10 To the extent permitted by Australian law, we disclaim all warranties, representations and conditions, express or implied, with regard to any information, software or Products including but not limited to:
• merchantable quality;
• durability and fitness for a particular purpose;
• legal title; and
• non-infringement of Intellectual Property Rights.
7.11 To the extent permitted by Australian law, BikeExchange or its suppliers are not liable for any Loss suffered by a Buyer or Seller in respect of Products advertised on the Site.
No waiver
7.12 Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
Risk & Liability
7.13 We give no warranties in relation to the authenticity of advertisers or Users of the Site. To the extent permitted by Australian Law, we give no warranty as to the Products purchased from Sellers on the Site.
7.14 Some information on the Site may be uploaded by Sellers from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Site does not imply our endorsement or liability in respect of such content.
7.15 Unless expressly stated by us, hyperlinks to other websites contained within the Site are not maintained or controlled by us. These third party hyperlinks are provided as a reference solely for the convenience of Users. As a result we make no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third party website from the Site, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.
7.16 All reasonable care will be taken while compiling the Site’s content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.
7.17 We endeavour to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted,
secure or virus-free.
7.18 By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release BikeExchange, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.
Last updated on 28 February 2018 by BikeExchange Pty Ltd
