TERMS & CONDITIONS OF SERVICE

Last Updated: 6th December 2024

1. Introduction
1.1 These Terms and Conditions of Service (“Terms and Conditions”, “Terms of Service” or “Terms”) govern your shopping experience with Main Bike Co. ("Main Bikes", "MBC", "us", "we", or "our"), including your use of our Online Store at www.mainbikeco.com.au ("the Website”) and/or purchases of our Products from our Online and/or Retail Stores (“defined in Section 3) in Australia.

1.2 By visiting our Website and/or purchasing our Product(s), you are engaging with our “Services” and agree to be legally bound by these Terms and Conditions.

1.3 These Terms set out our legal rights and responsibilities, your legal rights and responsibilities, and other information required by Australian law.

1.4 Please read these Terms when visiting our Website and before making a purchase with us.

1.5 If you do not agree with these Terms, in full or in part, you must discontinue using our Website and must not make a purchase with us.

1.6 In addition to these Terms, by engaging with our Services, you confirm that you have read and understood our Privacy Policy, and agree to be legally bound by our Website Disclaimer, which are incorporated herein by this reference and accessible on our Website via their respective hyperlinks. 

2. Contact Information

2.1 Our main place of business is at: 

Unit 10/16 Nuban Street
Currumbin Waters
Queensland
Australia
4223

2.2 If you have any enquiries related to these Terms, you can contact us via: 

1. Our website contact form: www.mainbikeco.com.au/contact-us.
2. Email via admin@mainbikeco.com.au
3. Post, to the address stated above.

2.3 Our Australian Business Number (ABN) is 48 094 264 390.

3. Applicability

3.1 These Terms apply to your purchases, exchanges and returns at all MBC-owned Online Stores and Retail Stores.

3.2 Online Stores and Retail Stores are collectively referred to herein as “MBC Stores”. 

3.3 We reserve the right to revise these Terms at any time.  

3.4 The current Terms will be posted on our Website and those posted at the time of purchase will govern that purchase. 

4. Product Descriptions

4.1 At our sole discretion, we reserve the right to:

4.1.1 Limit the sales of our Products or Services to any person or organisation;

4.1.2 Limit the quantities of Products or Services that we offer;

4.1.3 Discontinue any Product or Service at any time without notice; and

4.1.4 Change the description and/or price of any Product or Service at any time without notice.

5. Placing an Order

5.1 Online Stores

5.1.1 You may place an order via our Online Store by completing the following steps collectively referred to herein as the Checkout Process: 

5.1.1.1 Selecting the Product(s) you wish to purchase;

5.1.1.2 Adding the Product(s) to your Cart;

5.1.1.3 Reviewing your Cart and selecting Checkout Now;

5.1.1.4 Providing the required information, including but not limited to contact details, shipping address, and payment information (“Order Information”); and

5.1.1.5 Completing the transaction by selecting Pay Now.

5.1.2 At the end of the online Checkout Process, we will email you an Order Confirmation. From this point:

5.1.3.1 You have entered into a legally binding contract with us; and

5.1.3.2 Your order will be fulfilled as described where possible.

5.1.3 If there are any problems with the fufillment of your order, we will let you know. See Section 6 for more information.

5.2 Retail Stores

5.2.1 You may place an order via our Retail Stores by: 

5.2.1.1 Selecting the Product(s) you wish to purchase;

5.2.1.2 Providing us with your Order Information as stated in clause 5.1.1.4; and

5.2.1.3 Completing the transaction by paying in full for all charges you owe us including the Purchase Price, and any applicable taxes and/or delivery costs.

5.3 Orders placed in Retail Stores are also subject to the Terms stated in sections 5.1.2 and 5.1.3.

5.4 If you are under the age of 18 you may not buy Products from any MBC Store without your parent/legal guardian’s consent to do so.

6. Our Right to Reject or Cancel an Order

6.1 The sale of our Products and fulfilment of orders at all MBC Stores is subject to availability and our sole discretion.

6.2 We reserve the right to restrict, decline, or refuse any sales or orders for any reason permitted by applicable law, without assuming liability for any damages or costs, except for the reimbursement of any funds received from you relating to such sale or order.

6.3 If we are unable to fulfil your order, we will contact you. Reasons for this may include but are not limited to: 

6.3.1 An event outside of our control;

6.3.2. The Product(s) are not available;

6.3.3 Your address, billing information or form of payment is incorrect or cannot be verified;

6.3.4 You are not permitted to buy the Product(s) from us;

6.3.5 We are not permitted to sell the Product(s) to you;

6.3.6 There has been a misspelling or other mistake about the description or pricing of the Product(s);

6.3.7 Your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;

6.3.8 There is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose; and/or

6.3.9 Your purchase or order exceeds product purchase limits.

7. Delivery of Products

7.1 If you would like to view your delivery options, please see our Delivery Methods before placing your order.

7.2 Delivery times are provided as estimates and stated during the Checkout Process and in the Order Confirmation email. 

7.3 We assume no liability for delays that occur due to factors outside of our control. If something happens which: 

7.3.1 Is outside of our control; and 

7.3.2 Impacts the estimated time/date of delivery;

we will let you know you have a revised estimated date for delivery of the Product(s). 

7.4 The Product(s) will be delivered to the address provided to us during the Checkout Process. If you need to update your delivery address, please contact us as soon as possible via email to admin@mainbikeco.com.au

7.5 Please be prepared to provide a signature upon delivery. 

7.6 If no one is available to accept the delivery, please contact us using the email stated above.

7.7 Risk of loss or damage passes to you upon delivery. In other words, you are responsible for the Product(s) when delivery has taken place.

7.8 Sometimes, we may be required to deliver your Product(s) in instalments. This will be stated within the delivery details during the Checkout Process. 

8. Pricing and Payment Terms

8.1 We accept the following forms of payment: 

8.1.1 Cash (in-store purchases only)

8.1.2 Credit and Debit cards (Visa, Mastercard, Amex)

8.1.3 Apple Pay

8.1.4 PayPal

8.1.5 Google Pay

8.2  When you create an account to purchase Product(s) from our Online Store, or nominate to checkout as a guest, you will be required to provide us payment information, including credit or debit card details, and your billing address. 

8.3 The security of your personal information is important to us. We will do all that we reasonably can to ensure that the payment information provided to us when purchasing our Product(s) is protected by encryption and other secure payment mechanisms. However, in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if your payment information is compromised by an unauthorised third-party.

8.4 Your payment information will be collected by Shopify Payments.

8.4.1 To learn more about Shopify's security practices, see here: https://www.shopify.com/au/security/pci-compliant.

8.5 If you choose to use third-party payment providers, such as PayPal, Google Pay and Apple Pay, we will not be held liable for any loss you suffer when using those platforms.

8.5.1 To view their security practices, please visit their respective websites for more information.

8.6 Your debit card or credit card will only be charged when you confirm your order at Checkout.

8.7 All payments by debit card or credit card will need to be authorised by the relevant card issuer.

8.8 The price of the Products:

8.8.1 Is in Australian dollars ($; AUD);

8.8.2 Includes GST at the applicable rate; and

8.8.3 Does not include delivery costs. Delivery options and costs will be provided to you before placing your order. 

8.9 Payment is due in full before Product(s) are dispatched for delivery.

8.10 Unless otherwise stated, the prices on our Website are current and final.

8.11 We reserve the right to change the prices of our Products without notice.

8.12 We reserve the right to modify, replace or discontinue our Products at any time without notice. 

8.13 We will not be liable to you or any third-party for any modification, price change, suspension or discontinuance of any of our Products.

9. Delivery Costs

9.1 Unless otherwise stated, by purchasing our Product(s), you agree to pay any applicable delivery costs related to receiving the Product(s).

9.2 Applicable delivery costs are published on our Website and are viewable at the time of purchase.

9.3 Delivery costs will vary depending on your chosen delivery location and delivery method.

10. Title

10.1 Until we have received the Purchase Price in full, together with any applicable taxes or delivery costs, or other fees or charges payable to us by you in relation to your Product(s), the Title to the Product(s) will remain with us.

11. Limited Warranties and Guarantees

11.1 You agree that the Product(s) are being sold “as is” and “as available”, without any warranty of any kind, either express or implied (except as required by applicable law), regarding the condition of the Product(s).

11.2 To the maximum extent permitted by applicable law, we make no representations or warranties of any kind, including but not limited to the accuracy, completeness, suitability, or availability of the information, Products, services, or related graphics and digital content contained on the Website and/or MBC-operated social media accounts including but not limited to our Instagram, Facebook, and TikTok (“MBC Social Media Accounts”).

11.3 To the maximum extent permitted by applicable law, we do not warrant that the Products, services, information, or other materials you purchase or obtain will meet your expectations.

12. Returns and Refunds

12.1 Unless otherwise stated:

12.1.1 You can return or exchange your purchase in accordance with the terms of our Return Policy, as published on our Website at the time of your purchase;

12.1.2 Refunds will be issued to you via the original form of payment.

12.2 For more information about returns and refunds, please read our Warranty & Returns Policy here: https://mainbikeco.com.au/pages/warranty-returns.

13. Limitation of Liability

13.1 Under Australian Consumer Law (“ACL”), or other similar or related consumer protection laws, you may have certain rights, guarantees, warranties, and remedies regarding the provision of goods or services by us, the Seller, which cannot be excluded, modified or restricted by us. These are known as your Statutory Rights.

13.1.1 For more information about your Statutory Rights, you can contact consumer organisations and bodies such as the Australian Competition and Consumer Commission (ACCC) and State or Territory fair trading authorities.

13.2 Our liability to you is governed solely by the ACL and by these Terms. To the maximum extent permitted by applicable law, and except as otherwise expressly provided in these Terms, we limit or exclude all warranties and conditions implied by custom, law or statute, except for your Statutory Rights. We expressly disclaim all warranties of any kind.

13.3 You hereby agree that we are not liable for any direct, indirect, consequential, or incidental loss or damage which may result from your use of the Product(s). To clarify, in no circumstance will we be liable for any consequential, direct, indirect, incidental, or special damages of any kind including damages for loss of profits, revenue, interruption of business, or loss of data.

13.4 In circumstances where your Statutory Rights apply, to the maximum extent possible, our liability in respect of any claim is limited to (at our discretion): 

13.4.1 A repair of the Product(s); or

13.4.2 A replacement of the Products; or

13.4.3 A refund of the Purchase Price.

13.5 Subject to the sub-clauses below titled “Exceptions”, we will not be liable for any of the following: 

13.5.1 Loss of use;

13.5.2 Loss of profit;

13.5.3 Loss of production;

13.5.4 Loss of opportunity;

13.5.5 Loss or corruption of data;

13.5.6 Harm to reputation or loss of goodwill.

13.6 Exceptions:

13.6.1 Notwithstanding any other provisions of these terms, our liability to you shall not be limited or excluded in any way in respect of the following:

13.6.1.1 Death or personal injury as a result of negligence;

13.6.1.2 Fraud or fraudulent misrepresentation;

13.6.1.3 Any other losses which cannot be limited or excluded by applicable law; 

13.61.4 Any losses as a result of wilful misconduct.

13.7 If any part of this limitation of liability is found to be unenforceable or invalid for any reason, you consent to MBC’s liability to you for any damage or loss being limited to the maximum extent enforceable by applicable law.

14. Compliance with Laws & Safety Procedures

14.1 In Australia, local laws and regulations governing the use of electric bikes (“e-bikes”) vary between the states and territories. 

14.2 You are solely responsible for the use of any e-bike purchased from us and should seek clarification from the appropriate local authorities in your area about where you are permitted to ride before use.

14.3 We provide e-bikes for personal use in accordance with local laws and regulations, and encourage you to be aware of and adhere to the applicable laws and regulations in your local area, for your safety and for other members of the public.

14.4 By using our e-bikes, you acknowledge and agree that: 

14.4.1 You are solely responsible for operating the e-bike in compliance with all applicable laws and regulations;

14.4.2 We will not be held liable for any fines, penalties, legal consequences, or other punitive measures imposed on you for engaging in any unlawful use of the e-bike, such as but not limited to speeding, not wearing a helmet, using your phone while riding, and/or riding under the influence of alcohol or other substances;

14.4.3 Riding e-bikes comes with associated risks including without limitation serious injury, or even death, from loss of control, collisions or falls; and

14.4.4 You have read and understood this disclaimer, and other safety messages and warnings on our Website, and agree to ride the e-bike safely and responsibly.

14.5 Further safety messages can be viewed on our Website and are accessible here: Battery Safety.

15. Governing Law

15.1 These Terms are governed by and construed in accordance with Australian law. 

15.2 Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Australia.

16. Termination Clause

16.1 In addition to any other rights that are outlined in these Terms, if either Party defaults in its obligations under these Terms (“Defaulting Party”), the other Party can terminate the contract created between us by providing notice in writing to the Defaulting Party.

16.2 Our right to receive any money which you owe to us under these Terms, will not be affected if the contract created between us ends.

17. Privacy Policy

17.1 For more information about how we collect and use our personal information, please read our Privacy Policy. 

18. Indemnity

18.1 To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless MBC and its directors, affiliates, employees, and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating to your conduct in connection with any MBC Store, Product, or any violation of these Terms.

19. Severability

19.1 If any provision of this disclaimer is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this disclaimer unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

20. Complaints

20.1 If you have a complaint about:

20.1.1 Our Product(s); and/or

20.1.2 Our service to you

please contact us via the details provided in Section 2.

20.2 We take complaints seriously and will endeavour to respond to you within 7 business days.

21. Updates to these Terms

21.1 We reserve the right to update these Terms at any time.

21.2 Any amendments to these Terms will become effective upon publishing on our Website.

21.3 The last update date is indicated at the top of the page under the main heading. 

21.4 The latest version of these Terms is displayed on our Website..

21.5 By making a purchase at any MBC Store, you agree to these Terms, including any amendments, as published on the Website at the time of your purchase.