Terms & Conditions
TERMS AND CONDITIONS
Last updated: [DATE]
These Terms and Conditions ("Terms") apply to the use of [STORE NAME] ("we", "us", "our") website at [WEBSITE] and to purchases made through our online store.
Our business details are:
Business Name: [BUSINESS NAME] Trading Name: [STORE NAME] ABN: [ABN] Address: [BUSINESS ADDRESS] Email: [EMAIL ADDRESS] Phone: [PHONE NUMBER]
By using our website or placing an order with us, you agree to these Terms.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law (ACL) or any other law that cannot legally be excluded, restricted or modified.
1. PRODUCTS
We sell motorcycle parts, accessories, riding gear, apparel and related products.
We make reasonable efforts to ensure product descriptions, photographs, specifications, compatibility information, sizing information and other information displayed on our website are accurate.
Images are provided for illustrative purposes and colours, finishes, packaging and minor product details may vary from those displayed depending on manufacturing changes, screen settings and product revisions.
Where a manufacturer changes a product without materially changing its function, we may supply the current version of that product.
Nothing in this section limits your rights under the Australian Consumer Law where a product does not match its description, sample or representations made about it.
2. MOTORCYCLE PART COMPATIBILITY
Customers are responsible for selecting products suitable for their motorcycle unless we have expressly confirmed compatibility for the customer's particular motorcycle.
Motorcycle models may vary according to model year, market, specification, factory options and modifications.
Vehicle information supplied by customers must therefore be accurate.
Where our website identifies a product as compatible with a specific make, model and year, you may rely on that representation subject to any compatibility qualifications clearly displayed with the product.
If you are unsure whether a product is suitable for your motorcycle, please contact us before purchasing.
Nothing in this section limits your rights under the Australian Consumer Law, including where you relied upon our advice or representations when selecting a product.
3. INSTALLATION OF MOTORCYCLE PARTS
Some motorcycle parts and accessories require specialist knowledge, tools, adjustment or professional installation.
Unless a product is specifically intended for straightforward consumer installation, we recommend that motorcycle components—particularly safety-critical components—be installed and inspected by a suitably qualified motorcycle technician.
Safety-critical components may include, without limitation:
braking components;
suspension components;
steering components;
wheels and tyres;
chains and sprockets;
controls;
electrical components affecting vehicle operation;
engine components; and
structural components.
Customers must follow all manufacturer installation, maintenance, torque, adjustment and inspection requirements.
We are not responsible for loss or damage caused by incorrect installation, misuse, unauthorised modification or failure to follow manufacturer instructions, except to the extent that liability cannot lawfully be excluded.
Nothing in this clause limits rights or remedies available under the Australian Consumer Law.
4. ROAD LEGALITY AND MOTORSPORT PRODUCTS
Motorcycle modification laws and vehicle standards may vary between Australian states and territories and may also depend on the motorcycle and manner in which a product is installed or used.
Some products sold by us may be intended for closed-course competition, track use, off-road use, display use or other purposes and may not be permitted for use on public roads.
Where we know that a product is intended only for off-road, competition or closed-course use, we will endeavour to identify this in the product description.
Unless we expressly state that a product complies with a particular Australian road-use requirement, approval, standard or regulation, customers should not assume that the product is approved for public-road use solely because it is available for purchase.
Customers are responsible for determining applicable registration, vehicle-standard and road-use requirements before using a modification on public roads.
Nothing in this clause excludes liability for false, misleading or deceptive representations made by us regarding a product's legality, approval, certification or suitability.
5. MOTORCYCLE HELMETS AND PROTECTIVE EQUIPMENT
Motorcycle helmets, protective clothing, armour, gloves, boots and other protective equipment must be used in accordance with the manufacturer's instructions.
Where a product is advertised as complying with a particular Australian or international standard, certification or protection rating, that representation relates only to the certification or rating specified for that product.
No item of motorcycle protective equipment can eliminate all risk of injury.
Customers must ensure helmets and other protective equipment are correctly sized, fitted, maintained and replaced when required.
Nothing in these Terms limits any rights you may have where protective equipment is defective, unsafe, incorrectly described or otherwise fails to comply with the Australian Consumer Law.
6. ORDERS
Placing an order through our website constitutes an offer to purchase the products included in that order.
An order is not necessarily accepted merely because payment has been processed or an automated confirmation email has been generated.
We may reject or cancel an order where reasonably necessary, including where:
a product is unavailable;
an obvious pricing or website error has occurred;
payment cannot be authorised;
we reasonably suspect fraudulent activity;
delivery cannot reasonably be made to the supplied address; or
supplying the product would be unlawful.
If we cancel an order after payment has been received, we will refund the amount paid for the cancelled products and any applicable delivery charges.
7. PRICES
Unless stated otherwise, all prices displayed on our Australian website are in Australian dollars (AUD) and include GST where applicable.
Shipping charges and other applicable charges will be displayed before the customer completes their purchase.
We may change prices at any time before an order is accepted.
If an incorrect price is displayed because of an obvious typographical, technical or system error, we may contact you to offer the product at the correct price or cancel the affected item and issue a refund.
Nothing in this section limits any rights you may have under applicable consumer law.
8. PAYMENT
We accept the payment methods displayed during checkout.
Payment must be successfully authorised before an order is dispatched unless another arrangement has been expressly agreed.
Payments may be processed by third-party payment providers. Their own terms, privacy policies and security procedures may also apply.
We do not guarantee that every payment method will always be available.
9. STOCK AVAILABILITY
Products displayed as available may occasionally become unavailable because of inventory discrepancies, supplier shortages, simultaneous purchases or other circumstances outside our reasonable control.
If we cannot supply a product that you have purchased, we will contact you and provide an appropriate solution, which may include a refund.
We will not substitute a materially different product without your agreement.
10. SHIPPING AND DELIVERY
We deliver to the locations identified on our website.
Shipping costs are calculated during checkout unless otherwise stated.
Any delivery timeframe provided by us is an estimate unless we expressly guarantee a particular delivery date.
We will take reasonable steps to dispatch and deliver orders within the estimated timeframe.
Delivery times may be affected by carriers, weather, natural disasters, industrial action, remote locations and other circumstances outside our reasonable control.
Nothing in this clause limits any rights or remedies available under the Australian Consumer Law where goods are not supplied within an agreed or reasonable time.
11. DELIVERY ADDRESSES
Customers are responsible for providing a complete and accurate delivery address.
If an order is returned because an incorrect or incomplete address was supplied, we may require payment of reasonable additional delivery costs before resending the order.
This does not apply where the delivery problem resulted from an error by us or our delivery provider for which we are responsible.
12. AUTHORITY TO LEAVE
Where a customer selects or authorises an "Authority to Leave" delivery option, the carrier may leave the parcel at the nominated location without obtaining a signature.
Any allocation of risk associated with Authority to Leave is subject to applicable Australian law and does not exclude rights that cannot legally be excluded.
13. INSPECTION OF DELIVERIES
We recommend checking your order promptly after delivery.
If an item arrives damaged, incorrect or incomplete, please contact us as soon as reasonably practicable so that we can investigate and provide an appropriate remedy.
Failure to notify us immediately does not remove rights you may have under the Australian Consumer Law.
Please retain packaging where reasonably possible if an item has been damaged during delivery, as photographs or packaging may assist us in investigating the issue.
14. AUSTRALIAN CONSUMER LAW
Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
Among other things, products supplied to consumers must generally:
be of acceptable quality;
be fit for their normal purpose;
be fit for any particular purpose made known to us where applicable;
match their description;
match any applicable sample or demonstration model; and
comply with applicable representations made about them.
These rights apply independently of any manufacturer's warranty or voluntary warranty offered by us.
Nothing in these Terms is intended to exclude, restrict or modify these rights.
15. FAULTY, DAMAGED OR INCORRECT PRODUCTS
If a product does not comply with a consumer guarantee, you may be entitled to a remedy under the Australian Consumer Law.
For a major failure, you may generally be entitled to reject the goods and choose between a refund or replacement, subject to the Australian Consumer Law.
For a failure that is not major, we may generally choose to repair the product within a reasonable time. If the problem cannot be repaired or is not repaired within a reasonable time, further remedies may be available.
Depending on the circumstances, you may also be entitled to compensation for reasonably foreseeable loss or damage resulting from a failure to comply with a consumer guarantee.
Please contact us at [RETURNS EMAIL] with your order number and details of the problem.
We may ask for photographs, video, diagnostic information or return of the product where reasonably necessary to assess the issue.
These requirements do not remove or reduce your rights under the Australian Consumer Law.
16. CHANGE-OF-MIND RETURNS
Consumer guarantees do not generally require a business to provide a refund simply because a customer changes their mind.
However, we voluntarily offer change-of-mind returns subject to the following conditions:
you contact us within [30] days of receiving the product;
the product is unused and in resalable condition;
the product has not been installed or fitted to a motorcycle;
all original packaging, tags, manuals, accessories and components are included;
proof of purchase is provided; and
the product is not an excluded return item listed below.
Unless otherwise stated, customers are responsible for reasonable return shipping costs for change-of-mind returns.
Original shipping charges are not refundable for change-of-mind returns unless we agree otherwise.
Approved change-of-mind returns may be refunded to the original payment method or provided as store credit, depending on our published return policy and the customer's agreement.
This change-of-mind policy operates in addition to, and does not restrict, rights under the Australian Consumer Law.
17. ITEMS EXCLUDED FROM CHANGE-OF-MIND RETURNS
Subject always to your rights under the Australian Consumer Law, we may decline change-of-mind returns for:
electrical components that have been installed or connected;
opened or used helmets;
underwear, balaclavas and certain hygiene-sensitive items;
custom-made or personalised products;
special-order products clearly identified as such before purchase;
products that have been installed, modified, damaged or used;
clearance products where they were expressly sold as final sale for change-of-mind purposes; and
gift cards.
These exclusions apply only to change-of-mind returns.
They do not exclude rights relating to faulty, unsafe, incorrectly described or otherwise non-compliant goods under the Australian Consumer Law.
18. WRONG SIZE
Where riding apparel, helmets, boots or other wearable products are purchased in the wrong size, they may be returned under our change-of-mind policy where the conditions of that policy are satisfied.
Customers should try products on carefully without removing tags or damaging packaging where possible.
Helmet fit is particularly important for rider safety. Customers should follow manufacturer sizing and fitting instructions.
Where we supplied a size different from the size ordered, or where our sizing information or advice was materially incorrect and the consumer relied upon it, the matter will be handled in accordance with applicable consumer law rather than solely as a change-of-mind return.
19. WARRANTIES
Some products may include a manufacturer's warranty.
Any manufacturer's or voluntary warranty is additional to your rights under the Australian Consumer Law and does not replace or restrict those rights.
Warranty periods may vary between manufacturers and products.
Where a written warranty against defects is provided by us, it will contain the information required by applicable Australian law.
We may assist customers with manufacturer warranty claims where appropriate, but we will not require a consumer to deal solely with a manufacturer where we have obligations as the supplier under the Australian Consumer Law.
20. MISUSE AND MODIFICATION
Consumer guarantees may not provide a remedy where a product problem was caused by abnormal use, misuse or other circumstances recognised by the Australian Consumer Law.
Examples may include damage caused by:
incorrect installation;
use contrary to manufacturer instructions;
unauthorised modification;
crash or impact damage;
racing or competition use where the product was not designed for that purpose;
improper maintenance;
use with incompatible components; or
deliberate or negligent damage.
However, we will not reject a valid consumer guarantee claim merely because a product has been installed or used.
We will consider the actual cause of the problem and the customer's rights under applicable law.
21. PRODUCT SAFETY AND RECALLS
Customer safety is important to us.
Where we become aware that a product is subject to a safety recall or requires corrective action, we may contact affected customers using the contact details associated with their order.
Customers should stop using a product immediately where instructed to do so by us, the manufacturer or an appropriate government authority.
Recall remedies will be provided in accordance with applicable Australian law and the terms of the recall.
22. LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
To the maximum extent permitted by law, we are not liable for loss or damage caused by:
improper installation;
use contrary to manufacturer instructions;
unauthorised modification;
improper maintenance;
use of a product for a purpose for which it was not designed; or
continued use of a product after a customer knew, or reasonably should have known, that the product was damaged or unsafe,
except to the extent that the loss or damage was caused or contributed to by us or where liability cannot legally be excluded.
Nothing in these Terms excludes liability to the extent that doing so would contravene the Australian Consumer Law or another applicable law.
23. MOTORCYCLING RISK
Motorcycling involves inherent risks, including the risk of serious injury or death.
The purchase or use of motorcycle equipment does not eliminate those risks.
Customers are responsible for riding in accordance with applicable laws, road conditions, their level of skill and the operating requirements of their motorcycle and equipment.
This clause does not exclude liability for defective or unsafe products, misleading representations, breaches of consumer guarantees or any other liability that cannot lawfully be excluded.
24. PROMOTIONS AND DISCOUNT CODES
Promotional codes and discounts are subject to any conditions displayed with the promotion.
Unless otherwise stated:
promotional codes cannot be exchanged for cash;
only one promotional code may be applied to an order;
promotional codes must be used before their expiry;
promotions may apply only to selected products or customers; and
discounts cannot be retrospectively applied to completed orders.
Nothing in a promotion restricts rights under the Australian Consumer Law.
25. GIFT CARDS
Gift cards are subject to any conditions displayed when they are purchased.
Expiry dates, fees and other conditions will comply with applicable Australian law.
Gift cards cannot be redeemed for cash except where required by law.
26. WEBSITE INFORMATION
We take reasonable steps to keep information on our website accurate and current.
However, information may occasionally contain typographical, technical or administrative errors.
We may correct errors and update information where appropriate.
Product specifications supplied by manufacturers may change.
Nothing in this clause permits us to avoid obligations relating to misleading or deceptive conduct, false representations or consumer guarantees.
27. INTELLECTUAL PROPERTY
Unless otherwise stated, the content of this website—including text, graphics, photographs, logos, website design and original content—is owned by or licensed to us and is protected by applicable intellectual property laws.
You may use the website for personal shopping and informational purposes.
You must not reproduce, distribute, commercially exploit or modify our protected content without permission except where permitted by law.
Third-party trademarks and product names remain the property of their respective owners.
28. USER REVIEWS AND CONTENT
Where customers submit reviews, photographs or other content to our website or social media channels, they confirm that they have the right to provide that content.
Reviews must reflect genuine experiences and must not contain unlawful, defamatory, threatening, misleading or infringing material.
We may moderate or remove content where reasonably necessary, but we will not manipulate customer reviews in a manner that is misleading or deceptive.
29. PRIVACY
Personal information collected through our website is handled in accordance with our Privacy Policy and applicable Australian privacy laws.
Our Privacy Policy is available at:
[PRIVACY POLICY URL]
Customers should review the Privacy Policy to understand how we collect, use, disclose and protect personal information.
30. ELECTRONIC COMMUNICATIONS
By placing an order, you agree that transaction-related communications—including order confirmations, invoices, shipping notifications, recall notices and customer-service communications—may be sent electronically.
Marketing communications will be handled separately and in accordance with applicable Australian laws.
Where required, customers may unsubscribe from marketing communications using the unsubscribe facility provided.
31. FRAUD AND SECURITY
We may take reasonable steps to verify an order before dispatch.
This may include requesting additional information where an order displays characteristics reasonably associated with fraud or unauthorised payment activity.
We may delay or cancel an order where we reasonably believe it is fraudulent or unauthorised.
Any payment verification procedures will be conducted reasonably and in accordance with applicable privacy laws.
32. CANCELLATION BY CUSTOMER
If you wish to cancel an order, please contact us as soon as possible.
If the order has not yet been dispatched or committed to a non-cancellable special order, we will generally attempt to cancel it.
If the order has already been dispatched, it may need to be handled under our returns policy.
Nothing in this clause limits cancellation or refund rights available under the Australian Consumer Law.
33. CHANGES TO THESE TERMS
We may update these Terms from time to time.
Changes will apply to transactions entered into after the updated Terms take effect unless otherwise permitted or required by law.
The Terms applying to an existing order will generally be those in effect when that order was placed.
The current version will be published on our website together with its last-updated date.
34. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue to operate to the extent permitted by law.
35. GOVERNING LAW
These Terms are governed by the laws of [STATE OR TERRITORY, e.g. New South Wales], Australia.
Subject to any rights a consumer has to bring proceedings in another jurisdiction, the parties submit to the courts and tribunals having jurisdiction under applicable Australian law.
Nothing in this clause restricts any right a consumer may have under the Australian Consumer Law or other applicable legislation.
36. DISPUTES AND COMPLAINTS
If you have a complaint or dispute regarding an order, please contact us first so that we can attempt to resolve the matter.
Contact:
Email: [CUSTOMER SERVICE EMAIL] Phone: [PHONE NUMBER] Address: BUSINESS