TERMS AND CONDITIONS
1. Agreement
By using the Website you agree to be bound by these Terms.
2. Amendments
We reserve the right to:
update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
3. Registration
You warrant that:
the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
you are not impersonating any other person or entity. The products purchased on this site are for private and domestic use only and are not for re sale.
4. Privacy Policy
We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner’s office.
5. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
6. Compliance
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
any material which is defamatory, offensive or of an obscene character
7. Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offense caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
9. Orders
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorized access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. You are limited to a purchase of 5 items of any one product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
10. Deposit Items
Certain high value items are not readily available from stock and require a production order to be placed on the supplier. Such items are identified on our Websites as Pre-order items. In order to secure supply of these items, prior to confirmation of your order we will require you to pay a deposit of the total order value. When ordering such items you agree that the expected delivery date can be variable. We will keep you informed by email of expected delivery times which in certain circumstances may be up to approximately twelve weeks.
11. Price and Payment
All prices shown are inclusive of GST (where applicable) and are correct at the time they are entered on to the system. We reserve the right, however, to change prices at any time without notice to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit or debit card you are using is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours notice in advance of any reattempt to process payment by sending an email to the email address you have provided to is. If you do not want us to reattempt to process payment, you must cancel your order within 48 hours of us sending you this email.
12. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
if an individual, be 18 years of age or over; and
register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorize us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
13. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14. Gift With Products Promotions
14.1 Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value.
14.2 In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to ‘purchase’ the free gift without purchasing the product it is provided free with and any attempt to ‘purchase’ the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is dispatched to you, you shall be obliged to return the free gift upon written request.
15. Warranty
All new goods supplied by Alchemy Australia PTY LTD are covered by the normal manufacturer’s warranty. Consignment goods, demo stock and other “pre-owned” goods are covered by the standard warranties as required by licenced second-hand dealers. If an item has failed, and you believe it to be a genuine claim for warranty, please contact us immediately. A proof of purchase will be required in all claims.
Certain products may need to be returned to the manufacturer/distributor for a warranty inspection before a course of action can be decided. In some cases, depending on the type of product and the fault at hand, a repair will be made rather than the product being replaced. Please do not assume that your product will be replaced. We will endeavour to return your product as quickly as possible. If there is a delay due to the nature of the repair, or a delay beyond our control, we will inform you and do whatever possible to limit the turnaround time of your product. Please bear in mind that the warranty procedures vary from brand to brand, and from distributor to distributor. For more information on the warranty aspects of your product, please visit that manufacturer’s website.
16. Payment
We accept Mastercard, Visa, AMEX. If an item ordered is unavailable, we will contact you. Please note that sometimes it may take a number of days for the transfer of funds to appear on your statement.
10% Goods and Services Tax (“GST”) applies to sales to addresses within Australia and is included in the Australian dollar advertised price of each item. Items advertised for sale in a foreign currency will only be delivered to a foreign address and these prices do not include GST.
17. Orders
These terms and conditions constitute a legally binding contract between you and Alchemy Australia PTY LTD and apply to the ordering purchase, fulfilment and delivery of goods from alchemycycletrader.com.au. By placing an order for goods from Alchemy Australia you agree to these terms and conditions.
An order submitted by you is an offer by you to purchase the goods for the price plus the delivery charge as shown at the time of submission of your order. Alchemy Australia may accept or reject your offer in its absolute discretion. In particular, but without limitation, Alchemy Australia may reject orders where there may have been an error in the listing, or for orders for commercial quantities of goods.
18. Store Pickup – ID required
If you have taken the option to pick up your items from our showroom, please either bring your driver’s licence or some other form of photo ID. (If you do not have any photo ID, a printout of the invoice will be fine).
19. Stock Availability
Alchemycycletrader.com.au makes every effort to ensure that items stated as being in stock are available for sale, but occasionally we get it wrong. If this happens, we will get in touch with you so you can decide whether or not to wait for the item you want to come back into stock (if it is still available), choose another item that suits you, or cancel the order and receive a full refund.
20. Bike Assembly
To keep freight costs to a minimum, bicycles require some assembly. This may include fitting the wheels, handlebars, pedals, seatpost and seat, and front brake caliper. We recommend that you take your boxed bike to a mechanic for assembly. We don’t accept responsibility for incorrectly assembled bikes after they leave our showroom.
21. Returns policy
Alchemy Cycle Trader adheres to Australian Consumer Law by providing guarantees on our products and services.
If the return is being instigated due to an error on our part, we will refund the original purchase price INCLUDING shipping. Please advise us if this is the case before commencing the returns process.
If an item is deemed unsuitable for its intended use for any reason, please contact us via email as soon as practically possible to determine if we can organise an alternative arrangement before the returns process takes place. This may include repair of, or advice upon, the item(s) in question. Please contact us via phone or email.
Once a return has been approved, it will be processed within two (2) days of receiving the return at our showroom and a refund will be arranged.
A 25% restocking fee applies to returned bikes and frames. The restocking fee will be deducted from the refund.
If you contact us by email, please include your order number for easy reference. If you wish to phone us, please have the order number and other details handy.
If you have received damaged, faulty, or incorrect products, you will be given the choice of a repair (if applicable), refund, or replacement. For goods that are faulty or not functional please use the warranty procedures listed below.
We reserve the right to reject any return if we believe that our returns process is being abused or for unreasonable repetitious returns.
We strongly suggest using a parcel service that is trackable and requires a signature on delivery. Alchemy Australia will not be held liable for any goods lost in transit.