Terms & Conditions
bikeExchange.com.au is a website operated by Bike Exchange Pty Ltd (ABN 57 114 947 116).
bikeExchange.com.au is also referred to as the Site.
Bike Exchange Pty Ltd is also referred to as the ‘Bike Exchange’.
To use this Site you must first agree to the terms & conditions as set out below. If you do not agree to the terms & conditions as set out below, please leave the Site now.
Bike Exchange reserves all rights to alter the terms and conditions as set out below at its discretion. Each time you use the Site, it is your total responsibility to be aware of our current terms and conditions.
‘Seller’ means an individual person, an entity or a company that has products or services advertised on Bike Exchange.
‘Private seller’ means an individual person that has products or services advertised on Bike Exchange.
‘Retailer seller’ means a seller who chooses the retailer classified products within the site. A retail seller must be based in Australia, have an ABN, conduct a business of selling products or services operated from retail premises.
Merchant seller means a retailer who has selected to advertise their products on Bike Exchange and to sell their products and/or services direct to the consumer through the internet using their merchant facility.
A ‘buyer’ is a person who is seeking to purchase products from a private seller, retailer or merchant who advertises on Bike Exchange.
The Site is an online advertising medium / marketplace where potential buyers contact sellers directly, negotiate the sale privately or, if the seller is a merchant, purchase their selected items directly from the seller.
The Site is an online advertising medium / marketplace for bicycles and bicycle parts and accessories. Bike Exchange will reject advertisements not relevant to bicycles and bicycle parts and accessories and reserves the right to cancel such adverts, without notice and without refunds.
All advertising content must be cycling related and fall within the bikeExchange.com.au search criteria.
Any fees paid to Bike Exchange to place an advertisement on the Site do not grant you exclusive rights to any web page on the Site.
All advertisements placed on the Site must be prepaid, unless stated otherwise or prearranged with an authorised representative of Bike Exchange.
When submitting information to the Site, you assign all copyright of that information to Bike Exchange. If you submit information to the Site that is not yours in copyright, it is your responsibility to gain permission from the original owner of that information.
Your Bike Exchange advertisement may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
Any phone numbers you provide for advertisement must be yours or you must have permission to use them.
Bike Exchange reserves the right to verify the availability of items offered for sale and to verify the information contained in any advertisement. You agree that Bike Exchange may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as Bike Exchange reasonably requires.
Except within the allocated area, under no circumstances are retailers to advertise their own shop numbers within their advertisements on bikeExchange.com.au. Failure to comply may result in your service being suspended or cancelled.
Retailer advertisements must be “classified in nature”. Blanket advertisements such as “25% off all clothing” are considered to be generic advertising and are not allowed within the classified section of bikeExchange.com.au. Failure to comply may result in your service being suspended or cancelled.
All advertisements placed by retailers must be in stock and available for purchase.
To submit a private advertisement, you must be a private advertiser, submit completed appropriate Bike Exchange forms and, if applicable, pay in full all relevant fees.
A Private advertisement will expire after 60 days at which time the customer has the option to renew the advertisement at a cost of 50% of the original fee. The renewal period is for 60 days.
All transactions are processed in AUD
Shipping and Delivery Policy
Products are delivered Australia wide using Australia Post (Registered Post). Shipping costs are influenced by the size and weight of the product and your location, exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout.
Orders are dispatched within 2 business days and shipping times are estimated at between 3-10 business days depending on your location within Australia. Please be aware deliveries outside of metropolitan areas may take longer. This service will require your signature when the parcel is delivered. If you are not available at time of delivery, a card will be left for you to collect your parcel from the nearest Post Office.
All merchants are committed to providing exceptional customer service and quality products. They endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 3-10 business days; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.
Please choose carefully before you buy.
For faulty products, merchants offer a 14 DAY REPLACEMENT WARRANTY, from the date you receive your product. They do not offer a satisfaction guarantee on any of their products, however due to their high level of customer service, they will always endeavour to keep customers happy and satisfied.
If your product is faulty, it will be replaced with an identical product. If they cannot replace the product, they will offer you the option of choosing another product of the same value, or provide you with a refund for the total value of the faulty product.
Please note: Standard postage fees apply to all return orders. Where the return relates to a faulty item, the replacement product will be sent out to you, at no charge, within 5 working days from the date we receive the faulty product.
When returning your product, please make sure you provide the following details:
- Your full name
- Your order number
- Reason why you are returning the product
- Your instructions informing us how you would like the issue resolved.
Please include the original order confirmation or invoice you received with your product. Also, if you haven't previously provided a contact phone number, please include this with your return. This will ensure the issue is resolved quickly, should anyone need to contact you.
When purchasing your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre (03) 9682 3710.
Merchants and Sellers Obligations
All advertisers on the Site must comply with the Australian laws and regulations that apply to fair trading.
All merchants operating on Bike Exchange must have their own Merchant ID and will be responsible for all aspects of the sale of products to a buyer. This includes but is not limited to customer service, charge backs, fulfilment, warranties, returns and product defects etc.
Advertisers or Sellers on this site must not post / submit illegal content to this site and must not use derogative terms to describe their product/s on this site. Any advertiser or seller who submits such content may be reported to the proper authorities. Bike Exchange reserves the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by Bike Exchange to contain illegal content and or derogative terms.
Advertisers and Sellers shall not use this Site to promote any other site or products outside the services provided on this site.
Sellers must be legally able to sell advertised products.
It is the seller’s obligation to notify Bike Exchange upon the sale of the item in their advertisement.
Sellers must not use any bikeExchange.com.au facilities available on the Site for any activities or to transmit information which could; defame, harass, threaten, menace or offend any person including information that could infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets) or is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, illegal in Australia, defamatory or confidential, is false, misleading inaccurate or deceptive, is discriminatory in breach of State or Commonwealth anti-discrimination legislation, or which identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority.
Sellers must not knowingly transmit any virus, worm, Trojan Horse or any other disabling features to or from bikeExchange.com.au.
Retailer and Merchant Payment Terms and Conditions
Products are subscription based and the minimum term of the contract is outlined in the product that is selected by the customer. - Minimum 12 month subscription is a minimum 12 month term - Minimum 6 month subscription is a minimum 6 month term - The Monthly product is billed on a monthly basis. No fixed term.
Payments will be charged to customer accounts monthly based on the original purchase date. For example, if you originally paid on the 10th of February your account will be charged on the 10th of March and so on. If the original payment date does not fall in the following month customer accounts will be charged on the next available date.
Once the minimum term has passed Bike Exchange Pty Ltd will continue to charge the customer’s account until Bike Exchange Pty Ltd is notified in writing to cancel the service.
By agreeing to the terms and conditions you have authorised Bike Exchange to arrange for funds that may from time to time become due to Bike Exchange under your account to be debited from your nominated account in amounts and at intervals as advised by Bike Exchange to your financial institution.
Bike Exchange will give you at least 14 days notice in writing of any changes to the terms and conditions of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes to the terms.
Unless agreed with you otherwise, your account details will be kept confidential except that information may be provided to your financial institution to initiate the drawing or charging to your nominated account or in connection with a claim of alleged incorrect or wrongful withdrawal/charging.
All fees listed on bikeExchange.com.au are inclusive of GST.
All merchant sales on Bike Exchange are subject to a 5% commission. By establishing merchant services on Bike Exchange you give us permission to automatically debit and credit funds from your settlement account for all monies due.
All merchant charge backs are the responsibility of the merchant retailer. Bike Exchange will however be responsible for the charge backs that relate to commissions earned.
All merchants are responsible for product fulfilment, returns, customer service, dispute resolution etc
Cancellations of subscriptions must be made and accepted by Bike Exchange Pty Ltd in writing via phone or email to the below addresses:
1/47 Market St South Melbourne 3205
email – email@example.com
Cancellation of minimum 6 month or 12 month subscriptions will incur a penalty of one month. Service to your bikeExchange.com.au will still be maintained during this time period.
All content, graphics and programming codes on the Site are and will always remain the intellectual property of Bike Exchange and is protected by Australian and International copyright laws.
Bike Exchange makes no warranties of the authenticity of its advertisers or users on the Site.
General Terms and Conditions
Bike Exchange will not permit data mining of any of the content on this site in anyway. Bike Exchange will not permit the use of the Site to send anything which could be considered as spam, or bulk electronic messaging.
Some information on the Site may be derived from external sources. Bike Exchange does not endorse or warrant the accuracy of the editorial or advertising data or accept any liability for inaccuracies or omissions of this information. Content on the Site does not imply a Bike Exchange endorsement of such information.
Information contained in the ‘Community’ section of the Site does not constitute recommendations or advice relating to the suitability of a riding/training/racing technique, product or service, to satisfy an individual’s particular circumstances. Bike Exchange strongly recommends you seek independent advice, medical or otherwise before acting upon material on the Site.
The content of bikeExchange.com.au is for general information purposes only and is not to be taken as directives or instructions from bikeExchange.com.au. Cycling is a potentially dangerous recreational activity. Participation is done entirely at the risk of the rider. Bike Exchange accepts no liability or responsibility for injury, loss, damage or death however caused.
Hyperlinks to other sites contained within bikeExchange.com.au are not maintained or controlled by Bike Exchange. These third party hyperlinks are provided as a reference solely for the convenience of the Site users. As a result Bike Exchange makes no warranties about third party sites, nor does Bike Exchange accept responsibility for or endorse content or use of these sites. If you enter a third party Site from bikeExchange.com.au, you do so at your own risk.
Bike Exchange may withdraw or alter the material you send us if Bike Exchange deems it to be inappropriate or incorrect.
Bike Exchange will in no way be involved in any transactions between buyer and seller. Buying or selling a product via this Site is the total responsibility of the user, buyer or seller.
If Bike Exchange does not act in relation to a breach of any of these terms & conditions, this is not to be interpreted as a waiver of these terms & conditions and Bike Exchange’s rights to it.
Bike Exchange will endeavour to display your advertisements in a similar fashion as submitted by you. However Bike Exchange makes no guarantees regarding placement or content of advertisements displayed on the same page as your advertisement.
Bike Exchange can place third party advertisements on any web page of the Site.
Bike Exchange reserves absolute editorial control of advertisements on the Site. Bike Exchange may terminate, limit or refuse to publish advertisements if Bike Exchange reasonably deems it necessary, not in the best interests of the Site or to be offensive or inappropriate for publication and Bike Exchange reserve the right to limit/cancel your access to the bikeExchange.com.au site if Bike Exchange deems it necessary.
Bike Exchange and you are independent. No contractor, agency, partnership, joint venture or employment relationship is created by these terms.
In order for you to register as a seller Bike Exchange needs to collect some personal information. This information may be used for certain follow up services provided by bikeExchange.com.au. Other than personal information which you send to us for inclusion on your advertisement, Bike Exchange does not disclose your information to third parties.
bikeExchange reserves the right to monitor email enquiries.
All reasonable care will be taken whilst compiling bikeExchange.com.au content, including advertising content. However Bike Exchange does not warrant or represent that it is complete, current or free from typographical error, other errors or omissions. Information, software, products, and services may include inaccuracies. Bike Exchange endeavours to provide continual availability of our services and access to the Site. However access to the Site may not always be possible due to numerous factors including those which are out of our control. Bike Exchange does not warrant or represent that our services and access to the Site will be timely, continuous, fault free, uninterrupted, secure or virus free.
Bicycles and bicycle accessories prices on the Site are provided by merchants. Bike Exchange takes no responsibility for the accuracy of price information or bicycles and bicycle accessories specifications. All prices and product specifications are obtained from featured merchants and third parties. Bike Exchange takes every possible precaution to deliver only accurate information, but cannot be held responsible for information presented by merchants and third parties.
Bike Exchange accepts advertisements in good faith. All such information, software, products and services are provided "as is" without warranty of any kind. Bike Exchange do not warrant or represent that the services, software or products, advertised on the Bike Exchange Site will be suitable for any purpose, or that an advertiser has any particular skills, knowledge, qualifications or is legally entitled to carry on a particular business. As a buyer it is your responsibility to verify any information on the bikeExchange.com.au Site and to investigate for yourself the condition, quality and suitability of any goods or services advertised on the Site.
Bike Exchange hereby disclaims all warranties and conditions with regard to any information, software, products, and services, including but not limiting to:
- Warranties and conditions of merchantability;
- Fitness for a particular purpose; and
- Title and non-infringement.
Under no circumstance will Bike Exchange or its suppliers be liable for any, incidental, direct, indirect, special, consequential or punitive damages arising out of or in any way connected with use of the Site or inability to use the Site or for any products, information, services and software obtained through the Site, or otherwise arising out of the use of the Site, even if Bike Exchange has been advised of the possibility of damages.
In accepting these terms you agree to indemnify Bike Exchange and our suppliers, contractors, employees and agents against all claims, costs, demands, damages and liabilities related to use or inability to use the Site.
These terms and dealings with Bike Exchange are subject to the laws of Victoria, Australia.