Terms and Conditions
CyclePower Terms and Conditions
Capodistria Pty Ltd trading as CyclePower is an Australian registered company (ACN 158 892 604). The following Terms and Conditions (‘Terms’) relate to all sales made through www.cyclepower.com.au (Web Site). By making a purchase through this Web Site you (the ‘buyer’) agree to accept these Terms. These Terms and Conditions replace and supersede any previous Terms and Conditions. CyclePower reserves the right to vary these Terms at any time. Any waiver of these Terms between CyclePower and the buyer on any occasion shall merely act as a waiver on that occasion, and shall not affect the Seller’s right to enforce these Terms and Conditions on any further occasion. These Terms and Conditions do not affect your statutory rights.
We take great care to ensure the accuracy of all prices and descriptions, and the availability of goods on this web site. Should an error occur with your order, we reserve the right to correct the error and notify you. At this time no contract will be deemed to have been entered into and you will have the opportunity to accept the modified price / description or receive a full refund with no further liability. All goods offered are subject to availability and offers may be withdrawn at any time.
Difference between an ‘order’ and a ‘sale’
The receipt of your order does not constitute a sale. During the ordering process we may issue an acknowledgement of your order (electronically, verbally or otherwise) in order to confirm that your order has been safely received. This acknowledgement does not constitute a sale. Upon receipt of your order we will check the details to confirm price, description and availability. If any errors are found at this stage they will be brought to your attention as soon as possible and you will be offered the choice of a full refund (with no further liability) or a revised order. A sale will occur when full payment has been received by CyclePower and the goods have been dispatched to you.
Pricing on this web site
Prices displayed are in $AUD and exclusive of GST. CyclePower is not GST registered. Prices on this web site may differ from prices in our retail outlets. We are not obliged to offer retail outlet customers the same prices as are displayed on this web site or vice versa. Any prices offered by our retail outlet through media, advertisement, promotion, word of mouth or any other means will not necessarily be honoured by this web site, and vice versa. Overseas customers purchasing goods through this web site are responsible for checking their liability for tax and VAT in any country outside of Australia.
Your goods will be dispatched as soon as possible and in most cases you should receive them in 5 to 7 working days. If delivery will take longer we will contact you to let you know. Customers should await receipt of their goods before making plans for the use of their goods. We use a variety of methods of delivery including TNT freight, Australia Post and personal delivery. The method of delivery and any associated costs will be notified to you at the time of ordering, and may be described in more detail elsewhere on this web site. Please contact us before making your order if you would like more information. Please remember that delivery times can be adversely affected by bad weather, industrial action, periods of high demand (e.g. Christmas) and events beyond our control. We will endeavor to keep you informed should your order be delayed.
Important: goods damaged during delivery
Please do not accept delivery from a courier or other agent if the packaging or goods appear to have been damaged in transit. Do not sign for the goods as this may affect your insurance cover for the item. Please ask them to return the goods to us and then inform us of what has happened. We will investigate. Once you accept goods the risk passes to you.
Your personal information
CyclePower is obliged to apply the Australian Privacy Principles under the Privacy Act 1988 when handling your personal information. Whenever you make a purchase online by credit / debit card, PayPal, or by other means, you are accepting that your account provider or card issuer will validate your account before authorising payment to us. We must receive their authorisation before delivering goods to you. We will hold your details securely and will not pass your information to anyone without your consent unless legally obliged to do so. We have implemented appropriate processes and techniques (including computer and network security, using firewalls and passwords) to protect personal information from loss, misuse and interference and from unauthorised access, modification or disclosure. In addition, access to your personal information is limited to those who specifically need it to conduct their responsibilities such as delivery agents or for warranty purposes with the manufacturer.
In many cases, upon receipt of your goods, you will be required to complete and return a guarantee or warranty card (or provide your information online) within a specified period of time. It is a condition of your guarantee that you do so, and keep all receipts, acknowledgements and evidence in a safe place should they be requested later. All guarantees and warranties are strictly subject to the goods being used for the purpose for which they are commonly intended, without being subjected to unreasonable stresses or strains, knocks or collisions. Guarantees do not include parts which are subject to ‘wear and tear’ such as tyres, brakes, spokes, wheel rims etc. In many cases minor problems can be easily identified and fixed by telephone, so please call us first for advice.
Electric bikes must be maintained regularly to keep them in good condition, and the owner is expected to maintain and lubricate moving parts. Refer to owner’s manual for maintenance instructions. Regular servicing by a professional cycle mechanic will ensure good performance for many years. Warranties do not include general wear and tear, or faults caused by misuse. Batteries are guaranteed for a period of 6 months from the date of purchase. This guarantee does not include misuse of the battery such as not following the manufacturer’s guidelines for charging, discharging and storing the battery. We reserve the right to send you replacement parts for standard items (which we expect you to fit). If the nature of the problem is such that it requires professional attention, you may return the product to us for repair within the warranty period. Goods must be clean and not covered in dirt and oil. If the bike has been in anyway tampered with or modified then this will invalidate the warranty.
The warranty does not cover incorrectly assembled bicycles, sub-standard repairs, or poorly looked after (neglected) items. This includes extensive rain damage and other weather damage. Electric engines, controllers and components, whilst designed to be weather and water resistant, are not water proof. The warranty may be invalidated if the bike is not kept indoors or undercover. If an item needs to be returned then the customer is responsible for getting the item to our premises. This includes meeting the packaging and postage (courier) costs. We can arrange for our courier to collect the bike from you for a charge, and this must be met before our courier is instructed to collect. The customer is fully responsible for ensuring that the goods arrive with us in good condition. Our couriers will not collect items not suitably packaged and protected. We do not accept any responsibility for items lost or damaged in transit regardless of the method of return used.
Return of goods
If you change your mind and decide that you don't want the goods you must inform us within 7 days of receipt of the goods. Do not return goods without contacting us first. Please read our Return Policy for further information. We must receive the goods back within 14 days. They must be returned in their original packaging and they must be unused, undamaged and not fitted or altered in any way. The cost of returning goods is your responsibility. You are strongly advised to insure the goods and obtain a receipt of posting. If your goods were delivered by courier we can arrange collection, if you request us to, but this will be at your expense. We will process refunds within 14 days of receiving returned goods.
The buyer is responsible for safe and legal use of goods supplied to them, including the minimum age limit of 16 years for the use of electric bicycles and ensuring that other persons using the products are capable of doing so safely and legally. We accept no liability for death or personal injury, unless caused directly by the negligence of CyclePower, in circumstances where products have been assembled otherwise than strictly in accordance with the instructions received with the product or where alterations / modifications and/or poor or irregular servicing / maintenance to goods have been made.
In all cases, whether taken online or at one of our retail outlets, a deposit is non-refundable. Any deposit paid to CyclePower, whether to hold an item already in stock or to order in an item as a special request for a customer will be retained by CyclePower to cover the loss of any potential sale if a customer later decides not to proceed.
Notwithstanding any rule of contract to the contrary, these Terms and Conditions and any internet sales, contract or agreement arising from them shall be deemed to have been made in Australia and shall be interpreted in accordance with Australian Law and industry custom and practice. Any disputes in respect of them shall be determined by Australian Courts. Copyright © Capodistria Pty Ltd is the owner of all intellectual property and copyrights and the contents on this website.