Terms and Conditions

Website terms of use

1.1 By using the BM Bikes website you agree that your use of the BM Bikes website is subject to these Terms of Use. Please read them carefully. BM Bikes may from time to time amend these Terms of Use without prior notice.

1.2 BM Bikes reserves the right to, at any time:

• amend, update, change or remove any part of this website;
• suspend or restrict your access to this website if you are in material breach of these Terms of Use; and/or
• stop or suspend the operation of this website.

2. General Disclaimer

2.1 You acknowledge and agree that:

1. this website and its contents are provided to you on an “as is” basis;
2. information on this website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and
3. any answers provided to questions published on this website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.

2.2 Except to the extent required by law:

1. BM Bikes makes no representations or warranties of any kind as to the operation or availability of this website or the information, content or materials included on this website, and all implied representations or warranties in relation to the operation or availability of this website or the information, content or materials included on this website are excluded; and
2. BM Bikes is not liable for any loss suffered by you in connection with the unavailability of this website and/or the use of this website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.

2.3 This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

3. Copyright

This website and its contents are subject to copyright. The copyright is owned by BM Bikes, or in the case of some material, third parties.

You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this website is prohibited.

4. Trade Marks

Nothing contained in this website shall be construed as granting any licence or right to use any trade mark displayed on this website.

5. Mode of Access

5.1 In order to use this website, you will need internet access, devices and systems which are compatible with this website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time).

5.2 BM Bikes has no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website.

6. Third Party Websites

6.1 This website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained.

6.2 BM Bikes is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. BM Bikes will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.

7. Cookies

Cookies are small pieces of information that your web browser stores on your computer’s hard drive. BM Bikes uses cookies to gather data in relation to this website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this website.

8. Viruses

8.1 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties.

8.2 Except to the extent otherwise required by law, BM Bikes will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this website.

10. Severability

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.

11. Applicable Law

11.1 These Terms of Use are governed by the laws of Western Australia, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Western Australia, Australia.

11.2 BM Bikes makes no representation or warranty that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.

12. BM Bikes

12.1 In these Terms of Use a reference to BM Bikes is a reference to BM Bikes Pty Ltd (ACN 166 359 815).

Terms of Sale

Terms and conditions for goods sold by BM Bikes Pty Ltd. from www.bmbikes.com.au

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and BM Bikes Pty Ltd (ACN 166 359 815) (“BM Bikes”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from www.bmbikes.com.au. By placing an order for Goods from BM Bikes you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. Definitions

In these Terms and Conditions:

“Account” means a personal account created by you on the Website;

“Additional Delivery Charge” has the meaning given in Section 3.4;

“Delivery Charge” has the meaning given in Section 3.3;

“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;

“International Delivery Charges” has the meaning given in Section 3.5;

“Order” means an order for Goods, placed on the Website;

“Password” means the password needed to access your Account;

“Selected Delivery Option” has the meaning given in Section 9.7; and

“Special Order(s)” means an item not carried in stock by BM Bikes.

“Website” means www.bmbikes.com.au.

2. Your legal rights

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that BM Bikes represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

3. Pricing & taxes

3.1 Prices for Goods are as shown on the Website.

3.2 BM Bikes reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by BM Bikes.

3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”).

3.5 If you live in an area to which an Additional Delivery Charge will apply BM Bikes will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, BM Bikes will cancel your Order. BM Bikes will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

3.6 If BM Bikes agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.

3.7 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

3.8 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

4. Your Account

4.1 If you do not already have an Account you will need to create one before placing an Order, or alternatively checkout as a Guest.

4.2 You may not set up an Account for someone else.

4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to BM Bikes that all information provided by you in relation to your Account is complete, true and accurate

4.4 You must notify BM Bikes immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BM Bikes will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:

(a) your Account information being incomplete or inaccurate; or

(b) any unauthorised use of your Password or Account which takes place before you notify BM Bikes, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.6 If BM Bikes suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify BM Bikes then you must pay BM Bikes the amount of that loss, damage, cost or expense if BM Bikes asks you to.

5. Orders

5.1 You can place an Order on the BM Bikes website.

5.2 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 and any applicable Additional Delivery Charge or International Delivery Charge. BM Bikes may accept or reject your offer in its absolute discretion. In particular, but without limitation, BM Bikes may reject Orders for commercial quantities of Goods.

5.3 Each Order that you place will, if accepted by BM Bikes, be a separate and binding agreement between you and BM Bikes with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing BM Bikes with their personal information and, by placing an Order, you confirm to BM Bikes that you have done this.

5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to BM Bikes that all information provided by you in relation to each Order is complete, true and accurate.

5.6 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by BM Bikes. BM Bikes will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BM Bikes will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by BM Bikes, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. BM Bikes cannot consolidate separate Orders into one delivery.

5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.

5.10 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

5.11 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

5.12 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

5.13 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BM Bikes will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Sections 5.11 and 5.12 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. After you have submitted an order/payment

6.1 When you submit an Order you will receive an Order reference number via e-mail once your order is complete.

6.2 BM Bikes will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by BM Bikes when BM Bikes does this, however, BM Bikes may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that BM Bikes cancels your Order having already processed payment, it will refund payment in accordance with Section 12.1.

6.3 When BM Bikes accepts an Order it represents an agreement by BM Bikes to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.4 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account. If the name on the credit card/payment card/account does not match the name on the Order, BM Bikes may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card you authorise BM Bikes to deduct the price and the applicable delivery charge(s) from such card.

6.5 BM Bikes reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.6 BM Bikes may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:

(a) where our fraud detection systems detect possible irregularities;

(b) because your financial institution has declined payment; or

(c) because your payment card has expired. Where this is the case, BM Bikes reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

6.7 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

7. Cancellation of Orders

7.1 BM Bikes reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. BM Bikes may do this for example, but without limitation, where:

(a) BM Bikes, suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond BM Bikes, control, such as world health events, storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that BM Bikes is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) you ask BM Bikes to cancel your Order in accordance with section 5.7; or

(e) in the circumstances set out in Sections 3.4 or 6.6.

7.2 You may cancel your Order where BM Bikes:

(a) has breached a material term of this Agreement;

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay:

(i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or

(ii) which was outside BM Bikes; control including the situations set out in Sections 7.1(a) and (b) above.

7.3 Where BM Bikes cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

7.4 In the event of BM Bikes or you cancelling your Order after payment has been processed, BM Bikes will refund any money paid in respect of that Order. Section 12 of these Terms and Conditions sets out further information about refunds.

7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, BM Bikes will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. Availability of Goods

8.1 As BM Bikes is dependent upon its Suppliers to provide stock, BM Bikes cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. BM Bikes reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BM Bikes will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8.2 Goods that are shown on the Website as “Second Hand Stock” are Goods which have been used and are either sold as per their description or have been restored to good working order. All second hand parts have statutory rights which apply.

9. Delivery

9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

9.2 Goods will generally only be delivered to addresses within Australia. BM Bikes is unable to deliver to certain parts of Australia and where this is the case you will have the right to cancel your Order. BM Bikes may, in its absolute discretion, agree to accept Orders for delivery outside Australia but is under no obligation to do so.

9.3 Where requested, BM Bikes will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, BM Bikes will call you to arrange an alternative delivery address.

9.4 Following dispatch of your Goods, BM Bikes will email you with confirmation of dispatch.

9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

or

(b) re-deliver your Goods to your delivery address at a later date.

9.6 All delivery methods and options for later collection are as per the third party delivery providers terms and conditions. Your confirmation email will specify which party is providing delivery and you should refer to their website for their delivery processes.

9.7 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, BM Bikes will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

10. Delay in availability or delivery of Goods

10.1 You agree and acknowledge that:

(a) BM Bikes does not guarantee the dispatch or delivery or availability of Goods within the timeframes listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by BM Bikes or any of its staff;

(b) stock availability and events outside BM Bikes, control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store;

(c) delays are particularly likely to occur during busy periods such as those around Christmas, Easter and public holidays; and

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither BM Bikes nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

11. Special Orders

11.1 You must carefully review any Special Order(s) products before adding them to your cart to ensure that all product details are correct; this includes (but not limited to) vehicle make/model, size, colour, price, quantity and any other special requirements.

11.2 BM Bikes deem all Special Order material &/or products to be non-returnable and non-refundable. BM Bikes will not refund for a change of mind or incorrect choice.

11.3 Online orders placed on the website will be deemed as accepted as soon as payment is received and processed. You will receive an order confirmation notification once this has occurred.

11.4 The estimated delivery date is provided to you as a guide only. Unfortunately, circumstances may change beyond BM Bikes’ control which may lead to a delay in your order being delivered on time. BM Bikes will not accept liability for any delay in procuring the ordered goods that is beyond reasonable control (ie. unavailable stock).

11.5 BM Bikes reserve the right to cancel any order where:

(a) You are purchasing Goods for the purposes of resale or resupply;

(b) BM Bikes is made aware after order confirmation that the Good(s) are no longer in stock or cannot be supplied; or

(c) a pricing or product description error has occurred.

11.6 BM Bikes will refund the amount paid in respect of any cancelled order.

12. Refunds of your money

12.1 Where BM Bikes is obliged to refund your payment pursuant to these Terms and Conditions, BM Bikes aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Perth time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if BM Bikes is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

12.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BM Bikes will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

12.3 BM Bikes will not be liable for any installation services provided by a third party.

13. Returns/faulty or damaged goods

13.1 You should check your Goods as soon as they are delivered to you in order to ensure that:

(a) they are what you ordered; and

(b) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.

13.2 If you have a problem with any Goods or otherwise wish to return them please refer to BM Bikes’ Returns Policy which forms part of these Terms and Conditions.

13.3 When returning Goods:

(a) all returns must be authorised by BM Bikes before goods are returned. Please email thorsten@bmbikes.com.au to arrange a return;

(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.

13.4 Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

13.5 You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

14. More information about BM Bikes’ liability to you

14.1 To the full extent permitted at law, BM Bikes is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

15. Privacy

15.1 BM Bikes policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Statement which forms part of these Terms and Conditions

16. Additional Terms and Conditions

16.1 Your use of the Website is governed by the Website Terms of Use.

17. General

17.1 BM Bikes will not be liable for any installation services provided by a third party.

17.2 BM Bikes reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

17.3 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

17.4 These Terms and Conditions are governed by the laws of Western Australia, Australia.

Refund & Warranties Policy

The Australian Consumer Law and Your Rights

The Australian Consumer Law (ACL) protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the ACL requires that goods must be free of defects, and do what they are meant to do. Services must be carried out with care and skill. These rights, which the ACL says automatically apply whenever goods or services are supplied to a consumer, are called ‘Consumer Guarantees’.

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. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.

Consumer Guarantees have no set time limit but generally last for an amount of time that is reasonable to expect given factors including the cost and quality of the product or any representations made.

BM Bikes Refund and Warranty Policies

Unfortunately we are unable to offer a refund, credit or exchange for specially ordered products (unless the product is not fit for purpose or faulty) or products which have been modified or used contrary to the product or manufacturer’s instructions.

BM Bikes will provide a refund, replacement or repair in accordance with terms and conditions as set out in this document. This Policy only sets out the minimum time periods within which BM Bikes will offer you a refund, replacement or repair and your rights under the ACL may extend beyond these time periods.

Assessing your return

To obtain a refund or any other remedy please contact thorsten@bmbikes.com.au or telephone us on 0404 779 865 You will be required to provide proof of purchase of the Goods from BM Bikes.

BM Bikes needs to be satisfied that the product is faulty, the cause of the fault and that the problem with the goods was not your fault.

If your product is faulty, we may need to conduct an assessment to determine the nature and extent of the fault. This may include sending the product to the manufacturer or their repair agent. Products that are likely to require assessment include audio, electrical and motor driven products, and specially procured items.

BM Bikes reserves the right to have returned goods assessed within a reasonable time frame by the manufacturer to determine this, including whether the goods are defective or simply require some form of basic troubleshooting.

We will notify you of the outcome once the assessment has been completed.

In most circumstances, any faulty goods would have been sold complete with out of the box accessories such as remotes, controllers, power cords, battery chargers and computer connectivity cables. It is a requirement for the fulfilment of refunds, exchanges and replacements that customers return faulty products complete with the out of the box accessories supplied at the time of the original purchase.

BM Bikes reserves the right to not provide a remedy where the product has been used predominantly in a commercial or business environment or for commercial or business purposes.

BM Bikes or the manufacturer will determine, at no cost to the customer, whether the product is faulty and the cause of the fault within a reasonable time frame. In the event of a major failure or minor defect and if the product is determined faulty through no fault of the customer, then the customer can request repair free of charge by an approved manufacturer’s repairer. If the goods cannot be repaired within a reasonable time frame the customer can request that BM Bikes replace the product. BM Bikes will then replace the product with a new or used product of the same brand that has similar features. In some circumstances, the provisions under the ACL may still provide for an automatic replacement or full refund of the original purchase price.

Privacy Statement

We are bound by the Australian Privacy Principals under the Privacy Act 1988 (Cth) and we are committed to respecting the privacy of your personal information.

What personal information do we collect?

We may collect information from you which reasonably identifies you as an individual, including your name, email address, telephone number and billing address.

The kinds of personal information we collect or which we may hold about you may include:

• your name;
• your address;
• your date of birth;
• your telephone number(s);
• your e-mail address;
• payment information;
• transaction information;
• your user name and password;
• information contained on identification documents (such as driving licences) and, in some specific cases, copies of such identification documents, where we require these to verify your identity;
• information on how you use our products and services;
• your Internet Protocol (“IP”) address, server address, domain name and information on your browsing activity when visiting one of our websites;
• your user name for social networking sites that you use, to refer to, or in conjunction with, our goods and services and personal preferences regarding products and services; and CCTV images of you whilst you are in store.

If you are a customer, we may also collect your vehicle registration number.

How do we collect and store your personal information?

Generally, BM Bikes will collect your personal information directly from you.

We may collect your personal information when you provide details through our website, contact us by phone, email or in-store or when you complete forms. Our website also uses cookies which stores personal information that you provide to track user traffic patterns and to better serve you when you revisit the website. You can disable cookies in your browser.

We may also collect your personal information:

• when you complete surveys or provide online feedback or product reviews; and
• when you publicly comment about us on social media sites (for example so that we can answer questions about our products); and
• through the closed circuit video cameras located in our store, when you visit our store.

Your personal information will be securely stored by us, including in our data warehouses located in Australia and by selected third party providers located in Australia.

Why do we collect your personal information?

We may collect your personal information to:

• process transactions, both in-store and online;
• answer your questions, resolve your complaints and conduct investigations;
• market and sell our products and promote our brands;
• comply with any legal requirements;
• procure goods and services;
• conduct research to better understand and serve our customers and for statistical purposes;
• communicate with you, including where we need to conduct a product recall;
• prevent fraud, including services to protect your information; and
• provide you with marketing offers and information about our brands.

If we want to use your personal information for other reasons, we will contact you and ask you for your consent.

When do we disclose your personal information?

BM Bikes collects, holds, uses and discloses personal information for a number of purposes connected with our business operations, which include:

• providing you with products and/or services you have ordered/purchased;
• dealing with requests, enquiries, complaints, consumer guarantee or warranty claims, and other customer care related activities;
• marketing our products and services and providing advice on our products;
• developing and improving our products and services;
• the operation and administration of accounts or subscriptions that you have with us;
• payment processing;
• carrying out certain checks (for example, for our fraud or theft prevention processes, if you wish to open an account with us, or pick-up goods in-store that have been ordered online);
• interacting with companies or organisations with whom BM Bikes has a business relationship (where you work for, or otherwise represent, such an organisation);
• reconciling payments due to BM Bikes from suppliers in relation to goods or services provided to you by those suppliers;
• purposes relating to any third party acquisition or potential acquisition of an interest in BM Bikes or its assets; and
• carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with, or in connection with legal proceedings, crime or fraud prevention, detection or prosecution. We may also use and disclose your personal information for other purposes related to those described above which would be reasonably expected by you.

Additionally, if you return goods to us on which personal information is stored for repair and do not delete that personal information, BM Bikes may send the goods to the repairer. By returning such goods to BM Bikes for repair, you consent to BM Bikes disclosing any personal information contained on the goods to the repairer, by way of BM Bikes sending the goods to the repairer.

Your personal information may also be disclosed by us to other people and organisations that you have consented to.

Documents (including hard copy documents and electronic documents such as emails) which coincidentally contain personal information will also be retained in accordance with BM Bikes’ normal document retention practices for accounting, legal and business purposes.

Generally, you have no obligation to provide any personal information requested by us. However, if you choose not to do so where we require this information, we may not be able to provide you with the goods and services that you want.

Marketing

We may use your personal information that we have collected to promote and market products and services to you, including through methods such as email and SMS. We will not use your personal information for marketing purposes where you have opted out of receiving such communications.

Please note that when you create an account with us your details will be added to our marketing database to receive information relating to BM Bikes and our products. You may also choose to receive such information by subscribing to our marketing database via one of our websites.

To opt-out of receiving BM Bikes marketing materials from our marketing database, you will need to unsubscribe from our database. To do this, simply select the “unsubscribe” option in one of the emails that you receive from us. Please note that if you have an account with BM Bikes, we may still need to send you essential information about your account.

Disclosure of personal information to overseas recipients

Bm Bikes may disclose the personal information that it collects and holds about you to third parties who are not in Australia (such as third parties who are located in the United States of America, the Netherlands, Germany) for one or more the purposes set out in this policy e.g. to provide you the goods/services you have purchased. Some of the jurisdictions in which these third parties are located may have less protective privacy and data protections laws than Australia.

Personal information collected on behalf of other parties

BM Bikes may collect information about you on behalf of third parties. For example information collected for finance providers such as Afterpay.

In these cases the documentation that you sign will set out how the personal information that you provide will be used by these third parties and the privacy policies of the third parties will apply. BM Bikes may also receive personal information or documents about you from these third parties where necessary in connection with the provision of goods or services by BM Bikes.

How we deal with your personal information if you apply for a job with us

If you apply for a job with us, you may be required to provide us with certain personal information, including your name, employment and educational background, and other personal information which we may require you to provide, or which you choose to provide us, in relation to your job application.

We will hold, use and disclose that information solely for the purpose of considering your application. In particular, in considering your application, it may be necessary for us to disclose some of that information to third parties to verify the accuracy of that information. In such circumstances, we will disclose only such information as is necessary in the circumstances.

In considering your application, we may also collect personal information about you from any third parties that you nominate as your referees in your application.

 Security of your personal information

We will take reasonable steps to ensure that the personal information that we hold is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.

Additional information for users of our websites

If you visit www.bmbikes.com.au (the “Website”) to read, browse or download information, our system may record information such as the date and time of your visit to the Website, the pages accessed and any information downloaded. This information is used (i) for statistical and reporting purposes; (ii) for website administration, security and maintenance purposes; and (iii) to direct you to material on our Websites that we believe will be of interest to you.

Like many websites, our Website may use “cookies” from time to time. Cookies are small text files that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser and your log-in status. Cookies may also be used to record non-personal information such as the date, time or duration of your visit, or the pages accessed, for website administration, statistical and maintenance purposes. Any such information will be aggregated and not linked to particular individuals. The default settings of browsers like Internet Explorer usually allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the Website may not function fully for users that disallow cookies.

Our Website also uses tags, which are tiny bits of website code that allow us to measure traffic and visitor behaviour, and to understand the impact of online advertising, use remarketing and audience targeting. These tags do not collect any personally identifiable information.

While we take great care to protect your personal information on our Website and use state-of-the-art data transmission encryption, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot ensure or warrant the security of any information that you send to us or receive from us online. This is particularly true for information you send to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we use our best efforts to ensure its security in our possession.

The Websites may contain links/ plug-ins to other sites. We are not responsible for content of, or the privacy practices or policies of, those sites.

What rights do you have in relation to your personal information?

You have the right to access your personal information and require us to correct any of your personal information.

To access or correct your personal information, please contact thorsten@bmbikes.com.au

How do you make a complaint?

If you would like to make a complaint regarding our use of your personal information, you can contact BM Bikes.

If you are not satisfied with the outcome of your complaint, you can contact the Officer of the Australian Information Commissioner.