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Terms  & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THEY GOVERN YOUR PURCHASE OF OUR PRODUCTS AND CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

 

 

1.     Acceptance of These Terms. You (“Customer”) may place orders for Products with Rays Bicycle Centre Braybrook Pty Ltd. (“Rays Bicycle Centre Braybrook,” “we,” “our”) via our website (www.raysbicyclebraybrook.com) or, in certain circumstances, over the phone. “Products” collectively means any and all items being sold by Rays Bicycle Centre Braybrook to Customer. By placing an order for our Products, you consent to these Terms and conditions of sale (“Terms”) and acknowledge that we will only furnish the Products subject to these Terms. To the maximum extent permitted by applicable law: (a) unless expressly agreed to in writing by Rays Bicycle Centre Braybrook, any term or condition in any order or other form or correspondence that purports to add to or is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever; and (b) Rays Bicycle Centre Braybrook’s right to require strict observance and performance of each of these Terms shall not be affected by concurrent waiver of any other of these Terms or by any previous course of dealing.

 

2.     Orders. All orders are subject to Rays Bicycle Centre Braybrook’s acceptance. This means that Rays Bicycle Centre Braybrook may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. Where we cancel any order which we have previously confirmed, then where practicable, we will notify you as soon as we are reasonably able to do so. If you choose to purchase a Product or service, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by Rays Bicycle Centre Braybrook ). You agree to pay all fees and other charges incurred in connection with your username and password for your Rays Bicycle Centre Braybrook account. If your credit card has already been charged for an order that is later cancelled, Rays Bicycle Centre Braybrook will issue you a refund. Please note that Rays Bicycle Centre Braybrook is not able to accept orders from outside, or for delivery to locations outside, Australia.

 

3.     Price.  All prices are subject to change up to the time you place your order and it is accepted by Rays Bicycle Centre Braybrook. Prices for products displayed on this website include GST, but exclude shipping charges, which are calculated and displayed depending on the shipping option for the item you select when you finalise your purchase. Prices for products displayed on this website are, and all purchases made via this website are transacted, in Australian dollars. Rays Bicycle Centre Braybrook reserves the right to amend pricing for any pricing errors displayed due to human error, computer malfunction or other reason. Where a pricing error is identified after you have submitted an online order, Rays Bicycle Centre Braybrook will notify you of any error in pricing as soon as reasonably practicable and you may elect to not proceed with the purchase of any Product/s where the price has been corrected.

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4.     Taxes. The prices quoted for the Products sold hereunder are inclusive of any applicable Australian goods and services tax. If any supply made under or in connection with these Terms is a taxable supply for the purposes of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), then Rays Bicycle Centre Braybrook may, subject to providing you with a valid tax invoice, recover from Customer the amount of goods and services tax payable on that taxable supply at the same time as payment is required to be made of the consideration for that taxable supply. Where Customer is required by applicable tax law to withhold any part of a payment due to Rays Bicycle Centre Braybrook, Customer may do so and must gross-up such payment to Rays Bicycle Centre Braybrook so that Rays Bicycle Centre Braybrook receives the full amount notwithstanding any deduction or withholding.

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5.     Payment. All orders must be paid in full prior to shipment. The following payment types are accepted: MasterCard and Visa. Payment information is submitted by Customer upon the placement of any order and fulfillment and shipping of the order is subject to verification of payment information and availability of funds.
 

6.     Delivery and Risk of Loss.  Rays Bicycle Centre Braybrook shall ship Products F.O.B. Rays Bicycle Centre Braybrook’s facility. Additional terms will apply as set out in the Shipping Policy (Australia) and the Returns Policy (Australia). Title and all risk of loss or damage to the Products shall pass to Customer upon delivery of the Products to the carrier for shipment. Rays Bicycle Centre Braybrook is authorized to make shipping arrangements on Customer’s behalf and, except as otherwise provided, Customer shall be responsible for all costs and expenses associated with shipment of Products. Notwithstanding anything in these Terms to the contrary, any timeframe provided by Rays Bicycle Centre Braybrook is a good faith estimate of the expected delivery date. Rays Bicycle Centre Braybrook will use commercially reasonable efforts to fill Customer’s orders within the time stated but in no event shall Rays Bicycle Centre Braybrook be liable for any damages associated with Rays Bicycle Centre Braybrook’s inability to meet any such timeframes or deadlines.

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7.     Returns. Except as otherwise provided herein, once an order has been placed by Customer and accepted by Rays Bicycle Centre Braybrook, Customer may not cancel such accepted order without Rays Bicycle Centre Braybrook’s prior written consent. Customer may return Products for a refund of the purchase price (not including initial shipping charges) plus any applicable tax. Customer shall arrange for and pay return shipping expenses. The Products must be returned in unworn, unwashed or otherwise unused condition.

The Product(s) must be returned to Rays Bicycle Centre Braybrook within thirty days of purchase to the address specified in clause 9 below.

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8.     Exchange can be made on ACCESSORIES only If you return the product in it's original condition with original undamaged packaging within 14 days of purchase. Proof of purchase must be supplied. The consumer will pay for all postage (return and exchange) for online/phone purchases.

For items that is a special order from a supplier (we normally do not stock in store) and is ordered especially for you, we are unable to provide an exchange or store credit unless the item has a manufacturer defect.

Helmets, Shorts, Bib Shorts and Socks are safety and hygiene items and we are unable to accept exchange or change of mind for these items except for a manufacturer defect.

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9.     Limited Warranty. Subject to the following limitations, terms, and conditions,  Rays Bicycle Centre Braybrook makes limited warranties to the original purchaser of each Product as set out in the Warranty and Tech Support documentation. Customer acknowledges that different limited warranty terms (including different warranty periods) may apply to different kinds of Products, as described in such documentation. These limited warranties do not apply to normal wear and tear, nor to claimed defects, malfunctions or failures that result from abuse, neglect, improper assembly, improper maintenance, alteration, collision, crash, or misuse and are subject to other terms as set out in that documentation. Our 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 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.

 

In order to exercise rights under these limited warranties, Customer must return the affected Product to Rays Bicycle Centre Braybrook with proof of purchase (original invoice or credit card statement) to:

 

 

RAYS BICYCLE CENTRE BRAYBROOK
Shop 2A/296 Ballarat Road
Braybrook
VIC 3019
Email: raysbicyclebraybrook@gmail.com
Telephone:  03 9311 9777

 

 

Except as expressly set forth above and to the maximum extent permitted by applicable law, Rays Bicycle Centre Braybrook disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Rays Bicycle Centre Braybrook's responsibility for warranty claims is limited to, at Rays Bicycle Centre Braybrook's sole discretion, reimbursement of the original purchase price or replacement of the Product with the same or similar product. Notwithstanding anything in these terms to the contrary, to the maximum extent permitted by applicable law: (a) Rays Bicycle Centre Braybrook shall not be responsible or held liable for punitive, indirect, incidental or consequential damages, including without limitation, liability for loss of use, loss of profits, loss of Product or business interruption however the same may be caused, including fault or negligence of Rays Bicycle Centre Braybrook; and (b) nothing in this clause excludes or limits liability for breach of any statutorily implied warranties, conditions or guarantees which cannot lawfully be excluded. In the case of Rays Bicycle Centre Braybrook breaching such a non-excludable warranty, condition or guarantee, then to the extent legally permitted, Rays Bicycle Centre Braybrook's liability for such breach is limited to, at its option: (i) in the case of goods, repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and (ii) in the case of services, resupplying those services or paying the cost of having those services resupplied.

Customer must pay costs of return shipment. Rays Bicycle Centre Braybrook reserves the right to modify these limited warranties at any time, in its sole discretion (including by posting an updated copy of these Terms containing the modified warranty on this website). The benefits provided to Customer under this clause 9 are in addition to other rights and remedies available to Customer under applicable law.

Except as provided for in this clause 9 and to the maximum extent permitted under applicable law, in no event will Rays Bicycle Centre Braybrook's total and aggregate liability to Customer arising under or in connection with these Terms or their subject matter exceed the price actually paid by the Customer to Rays Bicycle Centre Braybrook for those Products purchased by it under these Terms to which such liability relates.

The limitations and exclusions of liability described in this clause 9 apply regardless of the basis on which such liability arises, whether in tort (including negligence), contract, statute, equity or on any other basis.

 

 

10.   Not for Resale.  Customer agrees and represents that he or she is buying the Product(s) for his or her own use and not for resale.
 

11.   Governing Law/ Jurisdiction. These Terms shall be governed and construed in accordance with the laws of the State of Victoria.
 

12.   Reservation. Specialized reserves the right to refuse to sell Products to anyone for any reason, in its sole discretion.
 

13.   Privacy Policy. Where Customer provides Rays Bicycle Centre Braybrook with any personal information, Rays Bicycle Centre Braybrook will deal with that personal information in accordance with its Privacy Policy, which describes how Rays Bicycle Centre Braybrook uses Customer's personal information, explains how Customers can seek access to or correct personal information and other important details. A copy of our Privacy Policy is available here.

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14.   Entire Agreement. These Terms, together with our Privacy Policy, the Shipping Policy (Australia), Returns Policy (Australia) and the Warranty and Tech Support documentation constitute the entire and only agreement between Rays Bicycle Centre Braybrook and Customer, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

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15.   Severability. In the event that any provision of these Terms is held or determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect and such invalid or unenforceable provision shall be construed in a manner so as to give the maximum valid and enforceable effect to the intent of the parties expressed in these Terms.
 

16.   Exclusivity. The parties’ rights, liabilities, responsibilities and remedies with respect to the Products shall be exclusively those expressly set forth in these Terms. The waivers, releases, limitations on liability and on remedies expressed in these Terms shall apply even in the event of the default, negligence, breach of contract, strict liability, of the party released or whose liability is limited and shall extend to their directors, officers, and employees.
 

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