Urban Moto Imports Pty Ltd
TERMS AND CONDITIONS
Your use of this Website is subject to the following Terms and Conditions. By using this Website and/or purchasing goods from it, you agree to be bound by the following Terms and Conditions. If you do not agree to these Terms and Conditions you must not use this Website.
1. PLACING ORDERS THROUGH THE WEBSITE
1.1 You must be at least 18 years of age to place any orders through this Website. If you are under 18 years of age, you must not order any goods via this Website. By placing an order you represent to us that you are at least 18 years of age.
1.2 When you place an order for goods from this Website we will consider that you are offering to purchase the goods. We will confirm acceptance of your offer by sending you a confirmation email including a reference number. If we accept your offer, a binding contract will be formed incorporating these Terms and Conditions (where applicable).
1.3 Urban Moto Imports reserves the right to refuse to accept your offer or cancel orders at its sole discretion. If we do so, we will let you know.
1.4 Urban Moto Imports only sell and deliver within Australia and New Zealand. Urban Moto Imports will not accept offers for the purchase of goods outside of Australia and New Zealand, or which are to be delivered outside of Australia or New Zealand.
1.5 In some cases Urban Moto Imports may have limited stock of goods shown on this Website. In such circumstances Urban Moto Imports reserves the right to limit the number of goods any particular customer may order.
2. PAYMENT METHODS AND ON-LINE SECURITY
2.1 All prices shown on this Website are in Australian Dollars ($AUD) and include GST unless otherwise stated.
2.2 We accept payment by way of credit cards issued by VISA and MasterCard only. We do not accept American Express or Diners Club.
2.3 All payment transactions are conducted through the Commonwealth Bank Payment Gateway. Since online commerce sites deal with sensitive data, this website encrypts all transmissions containing financial data using 128-bit Secured Sockets Layer (SSL) protocol. You may not be able to shop online if your browser does not support SSL or you are accessing the Internet from behind a firewall that prohibits SSL transactions.
2.4 The payment gateway part of our Website is a “secure”. By “secure,” we mean that the payment gateway uses SSL protocol. Our web servers are capable of delivering 128-bit encryption. However, your browser ultimately determines the exact level of encryption, not the server. For example, if your browser is capable of communicating using 128 bits, the server will use 128-bit encryption. If your browser is only able to communicate using 40-bit encryption, then the server will use 40-bit encryption.
2.5 You will be required to submit your credit card details upon checkout. If we accept your order we will process payment via your credit card.
2.6 Credit Card orders must include the following information:
(a) Type of card;
(b) Cardholder name;
(c) Cardholder number;
(d) Expiration date;
(e) Telephone number.
2.7 Upon confirmation that your credit card payment has cleared we will send you a confirmation email and tax invoice. The tax invoice will be deemed your proof of purchase and will be required in the event of any claim regarding defective goods. It is therefore important you retain the tax invoice in a safe place. If you do not receive this, please contact Customer Service at email@example.com
3. TITLE AND DELIVERY
3.1 Title to and Risk in the ordered goods will pass to you upon us receiving cleared funds for the purchase amount.
3.2 Items, excluding motorcycles, purchased from this Website are shipped using Australia Post and selected couriers. Shipping of goods will be charged at a flat fee of $12.10 (including GST) per order.
3.3 Shipping costs will be included in the final price specified at checkout.
3.4 If we accept your offer we will use all reasonable endeavours to process and ship your goods within 2 working days. In some circumstances a longer period of time may be required. Urban Moto Imports shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Urban Moto Imports, and Urban Moto Imports shall be entitled to a reasonable extension of time for the performance of such obligations. If you have not received your goods within 10 working days of receiving a confirmation email please contact Customer Service at firstname.lastname@example.org.
3.5 Orders placed on a weekend or a VIC/NSW Public holiday will not begin payment processing until the next business day.
3.6 Motorcycle orders and delivery will be discussed with the customer at time of accepted deposit.
4. CONSUMER GUARANTEES AND REFUNDS POLICY
4.1 Urban Moto Imports wants its customers to be 100% satisfied with all products purchased through the Urban Moto Imports product websites. Where a product, excluding motorcycles, ordered from this website is a Consumer Good for the purposes of the Australian Consumer Law, the goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
4.2 Where a motorcycle is ordered from this website, consumer policies do differ from general goods, please refer to ACCC to understand more. New Gas Gas Motorcycles come with factory warranties at time of purchase. Check with your Gas Gas dealership to find out more.
4.3 Specific reasons for a refund or exchange will greatly assist Urban Moto Imports in developing quality merchandise meeting your requirements.
4.4 Where a refund or exchange is sought, all products must be returned in a similar condition to what the products were in when first delivered (apart from the defect alleged) as well as copy of the associated tax invoice or other proof of purchase. Appropriate packaging must be used to ensure that no in-transit damage occurs.
4.5 All returns will be inspected for authenticity and legitimacy to processing for refund or exchange. The purchaser may be contacted to clarify any issues relating to the returned product or to improve our quality processes.
4.6 Returned product postage will be at the cost of Urban Moto Imports where a product has a major failure, is not of acceptable quality or otherwise fails to comply with the Consumer Guarantees specified within the Australian Consumer Law.
4.7 Should you wish to exchange the product as a result of the product having a major failure or otherwise failing to comply with the Consumer Guarantees, and the product you are seeking to exchange is no longer available or is not available in the specification you require, we will happily exchange it for another product of your choice which is then currently available from our website. Any differential in price can be handled via an adjustment using the customer’s credit card details.
4.8 Return of products should be made via Australia Post mail or suitable courier and addressed to:
PO BOX 343
VICTORIA AUSTRALIA 3058
4.9 Refunds will only be made to the credit card used to purchase the products.
5.1 Every effort has been made to ensure that the information on this website is accurate, correct and up to date, however, Urban Moto Imports does not provide any warranties as to the completeness or accuracy of the information and, subject to applicable laws, does not accept liability for damages of any kind resulting from the access or use of this site and its contents. Urban Moto Imports reserves the right to discontinue or change any of the prices, goods, colours, materials, equipment, or other specifications shown or referred to on this website at any time without notice. If you are unsure about any particular goods shown on this Website please contact our Customer Service at email@example.com.
7.1 In addition to your rights under the Australian Consumer Laws, some goods available on this website may come with the express warranties provided by the actual manufacturer of the goods. Any consequential, direct or incidental loss or damage may not be covered by such express warranties. Any statutory or other rights or remedies available in connection with a claim for such loss or damage should be pursued separately.
7.2 New Gas Gas Motorcycles receive factory warranties. Please check with your dealership at time of purchase.
8. COPYRIGHT/TRADEMARK INFORMATION
8.1 All information contained in this site is protected by © copyright and other intellectual property rights. No image, text or other content from this website may be copied, distributed or reproduced without the express prior written approval of Urban Moto Imports.
9.1 These Terms and Conditions and any information contained in an associated Tax Invoice constitute the entire agreement between the parties in relation to the subject goods and supersedes all prior representations, discussions, undertakings and agreements.
9.2 A provision of these Terms and Conditions or a right created under it may not be waived or varied except in writing signed by Urban Moto Imports. Urban Moto Imports reserves the right to add to, delete or change these Terms and Conditions and/or any other part of this website from time to time and without notice. By continuing to use the website, you agree to be bound by the changes.
9.3 This website contains links to sites maintained by other organisations, and Urban Moto Imports does not take any responsibility for the content or functionality of those sites. You should take appropriate action to ensure that your access to, and use of this website and other sites is protected against, and free from viruses, worms and other harmful material.
9.4 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
9.5 These Terms and Conditions are governed by the Laws of Victoria. Urban Moto Imports and you submit to the exclusive jurisdiction of the courts of Victoria regarding any dispute arising under these Terms and Conditions or your purchase and/or use of the goods purchased.