TERMS & CONDITIONS UPDATED
Issue Date: 6th May 2021
IN ORDER TO PROTECT YOUR INTERESTS YOU SHOULD READ THESE TERMS & CONDITIONS CAREFULLY BEFORE PLACING AN ORDER WITH US. THESE TERMS & CONDITIONS APPLY ONLY TO GOODS PURCHASED THROUGH DC TRIKE ONLINE AND DO NOT APPLY TO IN-STORE PURCHASES. PLEASE REFER TO YOUR LOCAL RETAILER FOR THEIR TERMS & CONDITIONS FOR IN-STORE PURCHASES.
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement referred to as “Consumer”, “you,” “your,” or “user” herein) and DC Trike Pty Ltd under ABN 39 643 120 058, whose principle place of business is located at Unit 22, 75 Waterway Drive, Coomera Queensland 4209, firstname.lastname@example.org. ("DC Trike" and sometimes also referred to as “us,” “we” or “our” herein) regarding your access to and use of DC Trike’s www.dctrike.com website and all content, information, products and services available on or through that website (collectively, the "Website").
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorised to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.
TERMS GOVERNING ALL ORDERS
These Terms apply to any and all purchases made by you from DC Trike via the Website. If you place an order with DC Trike it means you have read and expressly agree, consent to, and accept these Terms. You must be 18 years or older to make a purchase on this Website. These Terms apply to all sales of e-trikes, clothing, and any and all other goods and products offered on this Website (collectively, “Products”). These Terms cannot be altered, other than in writing and signed by an Officer of DC Trike. In the event of any inconsistency or conflict between these Terms and any provision in any Consumer-submitted order or writing, in any other document writing, or any oral arrangement in connection with an order of any Product, these Terms shall govern and control (and any inconsistent provisions shall be void). DC Trike reserves the right to change or modify these Terms at any time in its sole discretion. Notice of any such changes to these Terms, will be provided by DC Trike by posting a notification on this Website or updating the date referenced at the top of the revised Terms or as otherwise deemed appropriate by DC Trike. DC Trike’s right to require strict observance and performance of each of these Terms shall not be reduced, vitiated, or otherwise affected by any current or past waiver of any of these Terms (or by any previous course of dealing).
ORDERS AND ACCEPTANCE
When you place an order on the Website, such order will not be deemed accepted by DC Trike unless, and until, an “Order Confirmation” acknowledgment is sent to you, via email by DC Trike. Orders accepted by DC Trike may not be cancelled without DC Trike’s express written consent, which DC Trike may withhold in its sole discretion. All orders are subject to the availability of the ordered Product. DC Trike reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. Also, even if an order has been accepted, DC Trike may subsequently cancel such order in whole or in part due to Product availability (including without limitation, any discontinuation of the Product), price change, if the incorrect Product price was displayed on this Website, or as otherwise determined by DC Trike in its sole discretion. DC Trike may cancel an order if actual shipping charges are to be greater than the amount paid you. You will be notified of any order cancellation and any amounts you have paid to DC Trike, in respect of such order, shall be refunded as set forth in the “Return Policy” paragraph of these Terms.
By placing an order on the Website, you expressly acknowledge that DC Trike Pty Ltd, its employees, agents, servants and Directors, accept no responsibility for rider behaviour and for any damage that is caused through from the actions of the rider/user. Riders must obey the rules, regulations and laws of each jurisdiction where the trike is to be used. It is the owner’s responsibility to be aware of such rules, regulations and laws. Bicycle helmets should be worn at all times whilst riding the trike.
The purchaser expressly acknowledges that DC Trike Pty Ltd distributes its products, including the DC Trike, globally and makes no guarantee or claim as to the legal public use of its products from region to region and country to country. The laws regarding public riding of the DC Trike will vary, potentially, throughout a country and in local jurisdictions. By placing an order on the Website, or directly with DC Trike Pty Ltd, you expressly acknowledge that DC Trike Pty Ltd, its employees, agents, servants and Directors, have make no claim and accept no responsibility in the event that local, state and/or federal laws prohibit the use of the DC Trike or DC Trike products in public places. The purchaser expressly acknowledges that it is the responsibility of the purchaser of the DC Trike to ensure that the device is approved for public use in the jurisdiction which it is to be used, prior to purchase, should public use be intended.
OUT OF STOCK/BACKORDER
Under rare circumstances, an item may become out of stock before we are able to ship out the order. We will always contact you prior to shipment if this happens and we will try our best to remedy the situation and will notify you of the date by which the item will become available. However, due to limitations we cannot accept back orders. If you wish to substitute an item you will need to contact us to arrange for a substitute or to cancel your order outright. If the item is not available we will cancel your order. If your payment has already been processed for the purchase when your order is cancelled, DC Trike will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. In the event that we are unable to contact you within 10 working days, the order will be deemed cancelled and any sums you have already paid to us in respect of the goods shall be refunded to you.
All orders must be paid in full prior to shipment. DC Trike accepts payment via MasterCard & Visa credit cards and debit cards. Payment information is submitted by you upon the placement of any order, and acceptance, fulfilment and shipping of the order by DC Trike is subject to verification of payment information and availability of funds. Only valid credit or debit cards acceptable to us may be used and all refunds will be credited to the same card used in the purchase. By submitting your order, you represent and warrant that you are authorised to use the designated credit or debit card and authorise us to charge your order (including Taxes, shipping, handling and any other amounts described on this Website) to that credit or debit card. If the credit or debit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
Unfortunately, we cannot be involved in credit card disputes with your financial institution. If a credit card is declined, it is your responsibility to settle credit card disputes with the issuing institution, and then place the order again when the problem is resolved.
If a credit card authorisation fails, we reserve the right to cancel your order without notifying you.
GOODS AND SERVICES TAX (GST)
All prices quoted on our website www.dctrike.com are in Australian Dollars and are inclusive of GST.
YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW
Our goods come with limited 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. Nothing in these terms and conditions limit the consumer guarantees under the Australian Consumer Law in any way.
LIMITS OF RESPONSIBILITY
Subject to your rights under the Australian Consumer Law, we accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product.
PRICE AND/OR DESCRIPTION CHANGES
All prices, pictures, and descriptions on this website are subject to change. Subject to your rights under the Australian Consumer Law, we maintain no responsibility for inadvertent errors. When you place your order with us, you agree to the price and terms indicated on this website at the time of order. Please contact us within 30 days of the date of your order regarding price or promotion discrepancies. Subject to your rights under the Australian Consumer Law, after 30 days from the date of your order, we are unable to offer refunds, credits or corrections to your order and price differences related to future or past prices in our store or any other store are not refundable.
ERRORS ON OUR WEBSITE
Prices and availability of products are subject to change without notice. Errors will be corrected where and when discovered. DC Trike reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.
If your payment has already been processed for the purchase when your order is cancelled, DC Trike will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
GENERAL SHIPPING POLICY
We reserve the right to ship orders using our choice of carrier with all orders being shipped via ground services and can be up to 7+ business days depending on your location within Australia. Any shipping times shown on this Website or by email are estimates only, and actual delivery dates may & can vary.
We only ship within Australia and no COD is accepted. Unfortunately, we cannot ship to PO boxes.
Our business hours are Monday - Friday 9.00 AM - 5:00 PM excluding public holidays. Saturday and Sunday are not included in shipping days.
Orders can only be modified or cancelled up until its status becomes “Shipped”.
It is your responsibility to ensure you have selected the correct delivery address prior to checkout, as it may not be possible to change the delivery address once your order has been submitted.
The Return Policy only applies to purchases made through our website www.dctrike.com in accordance with your rights under the Australian Consumer Law. You cannot return a product simply because you changed your mind.
Important: Returns will not be accepted without a completed Returns form which cam be sourced by contacting email@example.com. Please ensure your original Order Confirmation number is included on the Return Form.
Please ensure the Return Form is attached or enclosed with the goods you are returning. Any merchandise that shows signs of use (wear, dirt, smell, scuffing, mounting, installation, etc.) cannot be returned and will not be accepted. This includes any items that have been “tested out”. Items for which the packaging has been damaged or destroyed are not returnable. Assuming the returned goods are defective and meet the outlined above, DC Trike will begin the replacement/refund process.
Please ensure returned goods are adequately packaged to avoid damage in transit. We strongly recommend that all returned goods are sent with a trackable & insured service. We do not accept responsibility for items that are damaged or lost in transit.
Unless otherwise noted, the refund will be for the value of the returned items. Shipping fees if applicable will not be refunded. Credit for the returned items is applied to the credit card that was used to make the original purchase. DC Trike will inspect returns within 72 hours of receipt and, depending on your credit card company, it may take additional 2-14 business days before a credit is processed to your card. Please note: our authorised DC Trike retailers cannot process the refund for you, it must be processed by DC Trike Head Office via the same method used for your original purchase.
With all warranty claims please arrange to have your trike sent back to DC Trike with your original “Order Confirmation” email as your proof of purchase. For more information on the warranty process please visit our Support & Warranty page.
No DC Trike warranty and nothing in these terms and conditions limits the consumer guarantees under the Australian Consumer Law in any way. DC Trike will always honour your rights under the consumer guarantees.
Should you have any further queries regarding DC Trike please send your enquiries via email to firstname.lastname@example.org and a member of our customer service team will be in contact.