Bike Bag Hire, Sales and Rental Australia
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Terms and Conditions

Terms of Hire

Terms of Hire

The Trustee for Blue Oceanic Trust, trading as Bike Bag Hire, is the owner of the bike bag (for the purposes of this agreement, the word ‘bag’ means bag or bags plural depending on the number of bags hired as per this agreement).

When collecting a bag from a Bike Bag Hire location, the hirer is required to complete a physical Bike Bag Hire Rental Form. For a bag shipped for hire, placing an order for a hire bag is acceptance of these terms and the hirer is able to complete a physical form by requesting one via email from info@bikebaghire.com.au. This would normally happen if the hirer would like to detail the condition of the bag, however the entire form must be completed in this case.

Bike Bag Hire agrees to hire the bike bag to the hirer under the following terms:

Bike bag components

The hirer agrees that each bike bag consists of:

  1. The external soft bag containing;
    1. 1 x Bike Bag;
    2. 2 x Quick Release Skewers;
    3. 1 x Aerobars Protector (Triathlon Bag only);
    4. 3 x Anti-shock Protection Wraps
    5. 1 x Rear Deraileur Guard

Use of the bike bag

The hirer uses the bike bag at their own risk, and must:

  1. decide the suitability of the bike bag for the purpose required;
  2. use the bike bag in a skilful and proper manner and only for the purpose and within the capacity for which it was designed;
  3. at their own expense; clean, maintain and keep the bike bag in good order and condition;
  4. clean the bike bag properly and thoroughly upon completion of hire or be charged a cleaning fee of $80.00;
  5. be responsible for the safe keeping of the bike bag, and indemnify Bike Bag Hire for any loss or damage to it by whoever and howsoever caused;
  6. be responsible for and indemnify Bike Bag Hire against all claims in respect of injury to persons, or damage to property, arising out of the use of the bike bag by whomever during the hire period however arising;
  7. not remove, cover, change or damage Bike Bag Hire identification tags or labels on the bag and associated equipment;
  8. not sell, hire, lease or otherwise part with possession of the bike bag or assign the benefit of this hire agreement; and
  9. not alter the bike bag in any manner.

Loss and damage

  1. The hirer acknowledges that the bike bag is not insured. The hirer is responsible for the loss and damage to the bike bag whilst on hire. The hirer will pay for any losses, damages, costs and expenses suffered by Bike Bag Hire in respect of the bike bag whilst on hire to the hirer. If a replacement bag is required, the hirer will pay Bike Bag Hire the full recommended retail replacement cost of the bike bag. The hirer is hereby authorized to take out insurance on their own behalf in respect of the bike bag.
  2. The hirer acknowledges that they are responsible for and indemnify Bike Bag Hire against all claims in respect of damage to any bike packaged in the hired bike bag from Bike Bag Hire. The hirer is responsible for any loss or damage to any bike contained in the bag whilst on hire. The hirer is recommended to take out insurance on their own behalf in respect to any bike contained in the bag.

Condition of the bike bag

The hirer will detail any pre-existing damage or blemishes either:

  1. on the physical Bike Bag Hire Rental Form completed when the bag is collected, or
  2. via email once the bag is received from the freight company delivering the bag to the hirer.

Termination

  1. Without prejudice to any other remedies available to Bike Bag Hire and notwithstanding any period of hire specified, Bike Bag Hire may terminate this hire agreement at any time after giving the hirer one (1) day notice of termination or without notice if the hirer shall commit any serious breach of the hire agreement.
  2. Upon termination, Bike Bag Hire shall be entitled to take possession of the bike bag/s and for this purpose the hirer irrevocably appoints Bike Bag Hire as their attorney and authorises Bike Bag Hire or its agent to enter on any land or premises owned by or under control of the hirer and recover the bike bag/s and the hirer will pay for and indemnify Bike Bag Hire against any claims, losses, damages, costs and expenses arising out of the repossession of the bike bag.

Failure to return the bike bag

If the bike bag is not returned within 7 days of the anticipated return date or such other date as agreed in writing between Bike Bag Hire and the hirer, the hirer acknowledges that they are liable to pay Bike Bag Hire an amount equal to the full recommended retail replacement cost of the bike bag upon demand.

 

Bike Bag Hire

Terms of Sale

Terms of Sale.

Terms and Conditions for Goods Sold by The Trustee for Blue Oceanic Trust from bikebaghire.com.au.

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and The Trustee for Blue Oceanic Trust (ABN 34 868 841 046) (“Bike Bag Hire”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from bikebaghire.com.au.  By placing an order for Goods from Bike Bag Hire 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;
“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;
“Pre-Orders” means an Order placed for a product prior to the official release date of that product;
“Website” means bikebaghire.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 Bike Bag Hire 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 and Taxes

  1. Prices for Goods are as shown on the Website and are always in AUD (Australian Dollars) and exclude GST. Bike Bag Hire is not registered for GST at this time.
  2. Bike Bag Hire 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 Bike Bag Hire.
  3. In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.
  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”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar.  If you live in an area to which an Additional Delivery Charge will apply Bike Bag Hire will contact you before shipping 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, Bike Bag Hire will cancel your Order. Bike Bag Hire will not ship your Order until you have confirmed your acceptance of and paid the Additional Delivery Charge.
  5. If Bike Bag Hire agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). Bike Bag Hire will contact you before shipping your Order and provide you with a quote for the International Delivery Charges. You will also be responsible for any foreign taxes or duties that apply including, without limitation, any customers or import duties. Bike Bag Hire will not ship your Order until you have confirmed your acceptance of and paid the International Delivery Charges.
  6. 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.
  7. All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are exclusive of GST.

4. Your Account

  1. If you do not already have an Account you will need to create one before placing an Order.
  2. You may not set up an Account for someone else.
  3. Please ensure that you enter all information carefully when creating an Account.  You warrant to Bike Bag Hire that all information provided by you in relation to your Account is complete, true and accurate.
  4. You must notify Bike Bag Hire immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
  5. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Bike Bag Hire 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:
      1. your Account information being incomplete or inaccurate; or
      2. any unauthorised use of your Password or Account which takes place before you notify Bike Bag Hire, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
  6. If Bike Bag Hire 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 Bike Bag Hire then you must pay Bike Bag Hire the amount of that loss, damage, cost or expense if Bike Bag Hire asks you to.

5. Orders

  1. You can place an Order by following the instructions on the Bike Bag Hire website.
  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.  Bike Bag Hire may accept or reject your offer in its absolute discretion. In particular, but without limitation, Bike Bag Hire may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact info@bikebaghire.com.au.
  3. Each Order that you place will, if accepted by Bike Bag Hire, be a separate and binding agreement between you and Bike Bag Hire with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
  4. If you place an Order for someone else to receive the Goods you must obtain their consent before providing Bike Bag Hire with their personal information and, by placing an Order, you confirm to Bike Bag Hire that you have done this.
  5. Please ensure that you enter all information carefully when placing an Order. You warrant to Bike Bag Hire that all information provided by you in relation to each Order is complete, true and accurate.
  6. Please check your Order 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 Bike Bag Hire.  Bike Bag Hire 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.
  7. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Bike Bag Hire 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 Bike Bag Hire, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
  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. Bike Bag Hire cannot consolidate separate Orders into one delivery.
  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: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types. Please note that Delivery Charges, Additional Delivery Charges and International Delivery Charges are weight based and consequently you may be required to pay a separate Delivery Charge and any applicable Additional Delivery Charge and International Delivery Charge for each of the Goods ordered, regardless of whether they are delivered to you separately or in one delivery.
  10. You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
  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.
  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.
  13. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Bike Bag Hire 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 Section 5.11 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 on Order and Payment

    1. When you submit an Order you will receive an Order reference number or Invoice via e-mail.
    2. Bike Bag Hire 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 Bike Bag Hire when Bike Bag Hire does this, however Bike Bag Hire may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Bike Bag Hire cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1.
    3. When Bike Bag Hire accepts an Order it represents an agreement by Bike Bag Hire to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
    4. You must pay for Goods by credit card (through the Paypal system) or a PayPal account.
    5. Bike Bag Hire reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
    6. Bike Bag Hire 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:
      1. where our fraud detection systems detect possible irregularities;
      2. because your financial institution has declined payment; or
      3. because your payment card has expired.

Where this is the case, your Order will be placed on hold and Bike Bag Hire will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with Bike Bag Hire’s requests within the timescale specified, Bike Bag Hire may cancel your Order.

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

  1. Bike Bag Hire reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Bike Bag Hire may do this for example, but without limitation, where:
      1. Bike Bag Hire’s suppliers are unable to supply Goods that they have previously promised to supply;
      2. an event beyond Bike Bag Hire’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Bike Bag Hire is unable to supply the Goods within a reasonable time;
      3. 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;
      4. you ask Bike Bag Hire to cancel your Order in accordance with section 5.6; or
      5. in the circumstances set out in Sections 3.4 or 6.6.
  2. You may cancel your Order where Bike Bag Hire:
      1. has breached a material term of this Agreement;
      2. is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
  3. Where Bike Bag Hire cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
  4. In the event of Bike Bag Hire or you cancelling your Order after payment has been processed, Bike Bag Hire will refund any money paid in respect of that Order.  Section 13 of these Terms and Conditions sets out further information about refunds.
  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, Bike Bag Hire 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

  1. As Bike Bag Hire is dependent upon its Suppliers to provide stock, Bike Bag Hire cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Bike Bag Hire 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), Bike Bag Hire 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.

9. Delivery

  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.
  2. Goods will generally only be delivered to addresses within Australia.  Bike Bag Hire is unable to deliver to certain parts of Australia and where this is the case the Website will reject your Order.  Bike Bag Hire may, in its absolute discretion, agree to accept Orders for products for delivery outside Australia but is under no obligation to do so.
  3. Where requested, Bike Bag Hire will deliver to PO Boxes in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box and you have input a PO Box as the delivery address when placing your Order, Bike Bag Hire will call you to arrange an alternative delivery address.
  4. Following dispatch of your Goods, Bike Bag Hire will email you with confirmation of dispatch and an invoice for your Order.
  5. On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
  6. If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Bike Bag Hire may charge you a reasonable fee for doing this.
  7. Goods will be labelled on the Website as “In Stock”. Bike Bag Hire aims to have the Goods dispatched to you within 5 business days. In some circumstances in-store purchases may deplete stock – in this instance the Goods will need to be ordered from the supplier. Bike Bag Hire aims to have the Goods dispatched to you within 7-10 business days.
  8. Delivery of Orders should occur within standard Australian Post delivery times, i.e. 3-7 days. Remote deliveries are subject to local transport schedules and may take longer.  Where an Order is to be delivered outside Australia, delivery time will be advised.
  9. Bike Bag Hire’s arrangements with its suppliers means that Bike Bag Hire is only permitted to dispatch online Pre-Orders on the official release date of the Goods offered for Pre-Order. Goods ordered up to 14 days prior to the official release date will be despatched from our warehouse on or as close to the official release date via standard post, and may therefore arrive at designated addresses within Australia up to five working days after despatch. Delivery outside Australia or to locations covered by clause 3.4 above is likely to take longer. Goods ordered within 14 days prior to the official release date may not be despatched until after the official release date.

10. Pick-up of Goods In-store

  1. Some Goods can be picked up from the Bike Bag Hire store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.
  2. Only the relevant Bike Bag Hire Account holder may pick-up in-store Goods ordered on that Account.
  3. If you choose to pick up your Order in store, You will be sent an email to advise when the Goods are available for collection and you can then collect the Goods during business hours the same or next business day..
  4. When picking up Goods in store:
      1. you must provide photo identification (current drivers licence, passport) to store staff to verify that you are the purchaser. If requested, you must allow Bike Bag Hire to take a copy of this identification for fraud prevention purposes. The copy will not be used by Bike Bag Hire for any other purpose or disclosed to any person outside of Bike Bag Hire;
      2. you will also need to bring the email that Bike Bag Hire has sent to you confirming that the stock is available for pick-up; and
      3. store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event Bike Bag Hire will contact the person who placed the Order using the contact details provided.
  5. In respect of the estimated time for collection, references to “same day” or “next day” on the Website refer to weekdays and exclude weekends.

11. Delay in Availability or Delivery of Goods

  1. You agree and acknowledge that:
      1. Bike Bag Hire does not guarantee the delivery or availability of Goods within the timeframes set out in Sections 9.7 –  9.9 or 10.3 above or otherwise specified by Bike Bag Hire or any of its staff;
      2. events outside Bike Bag Hire’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
      3. delays are particularly likely to occur around  Christmas, Easter and public holidays; and
      4. 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 Bike Bag Hire 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.

12. Gift Cards, Vouchers and Loyalty Points

  1. Bike Bag Hire does not current offer gift cards, vouchers or loyalty points. Bike Bag Hire reserves the right to implement any of these at any time.

13. Refunds of your Money

  1. Where Bike Bag Hire is obliged to refund your payment pursuant to these Terms and Conditions, Bike Bag Hire aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 4 p.m Brisbane 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.
  2. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Bike Bag Hire 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.

14. Returns for Faulty or Damaged Goods

  1. You should check your Goods as soon as they are delivered to you in order to ensure that:
      1. they are what you ordered;
      2. and they are not damaged or faulty.

If this is not the case you should contact Bike Bag Hire at info@bikebaghire.com.au or call +61 7 40 300 100 as soon as possible.

  1. If you have a problem with any Goods or otherwise wish to return them please refer to Bike Bag Hire’s Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any Bike Bag Hire store, you can also contact us at info@bikebaghire.com.au.
  2. When returning Goods:
      1. provide Bike Bag Hire with your proof of purchase;
      2. it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.

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

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

15. More Information about Bike Bag Hire’s Liability to You

  1. To the full extent permitted at law, Bike Bag Hire 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.

16. Privacy

  1. Bike Bag Hire’s policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.

17. Website Terms of Use

  1. Your use of the Website is governed by the Terms of Use on this page.

18. General

  1. Bike Bag Hire 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.
  2. 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.
  3. These Terms and Conditions are governed by the laws of Queensland, Australia.
Bike Bag Hire

Terms of Use

Terms of Use.

Welcome to the Bike Bag Hire website.

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

Bike Bag Hire 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.

General Disclaimer

You acknowledge and agree that:

  • this website and its contents are provided to you on an “as is” basis;
  • information on this website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and
  • 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.

Except to the extent required by law:

  • Bike Bag Hire 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
  • Bike Bag Hire 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.

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

Copyright

This website and its contents are subject to copyright. The copyright is owned by Bike Bag Hire, 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.

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.

Mode of Access

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). Bike Bag Hire 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.

Third Party Websites

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

Cookies

Cookies are small pieces of information that your web browser stores on your computer’s hard drive. Bike Bag Hire 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.

Viruses

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. Except to the extent otherwise required by law, Bike Bag Hire 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.

Material Submitted By You

Certain parts of this website may allow you to submit materials (including links to third party content) which can be accessed and viewed by the public (UGC). By using these features, you acknowledge and agree that:

  • you will only publish UGC that is your original content of which you are the sole author (and the sole owner of all intellectual property rights embodied in such content), or where the content is adapted from existing content, you have obtained all consents and licences from third parties necessary for the submission and display of your UGC on this website and the grant of the licences by you to Bike Bag Hire under these Terms of Use;
  • the submission and display of your UGC on this website, is not in breach of any third party’s rights or any applicable laws;
  • you waive all moral rights that you may have in your UGC;
  • none of your UGC is subject to any obligation of confidence on the part of Bike Bag Hire, its officers, directors, agents, related bodies corporate, employees and third party service providers;
  • Bike Bag Hire has no obligation to monitor UGC but may do so and may edit, amend or remove UGC in its absolute discretion without notice to you;
  • you will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
  • you will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this website or any computer software or equipment;
  • your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libellous, hateful, racially biased or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
  • you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to Bike Bag Hire to use and display your UGC on this website, modify, adapt, publish, create derivate works from, sell and distribute your UGC, without any compensation or obligation to you;
  • the use by Bike Bag Hire of your UGC in accordance with the licences granted by you to Bike Bag Hire under these Terms of Use will not breach any third party’s rights; and
  • Bike Bag Hire has no responsibility for your UGC and you agree to indemnify Bike Bag Hire (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by Bike Bag Hire (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, your UGC (including any breach of these Terms of Use by you or your UGC).

To the extent that your UGC includes a rating or review of a product or service, by submitting your UGC, you further represent and warrant to Bike Bag Hire that:

  • you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;
  • save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
  • save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.

To the extent your UGC includes a question or query, you acknowledge that Bike Bag Hire may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.

By submitting your email address (or any other contact details) in connection with your UGC, you agree that Bike Bag Hire and its third party service providers may use your email address (or other contact details) to contact you about your UGC and as otherwise set out in Bike Bag Hire’s Privacy Policy.

Notice and Takedown Procedure

If you find content on this website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please notify us via email at info@bikebaghire.com.au. In the email please specify the following information:

  • your name;
  • your address;
  • your phone number;
  • your email address;
  • information to allow us to find the relevant content on this website;
  • a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and
  • where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

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.

Applicable Law

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

Bike Bag Hire

In these Terms of Use a reference to Bike Bag Hire is a reference to The Trustee for Blue Oceanic Trust (ABN 34 868 841 046) and its related bodies corporate from time to time.

Bike Bag Hire

Returns Policy

Return & Refund Policy

Bike Bag Hire understands that sometimes you may need to return something you have purchased from us (either in-store or online). To help with this, we have this Returns Policy, which explains key points that you should be aware of.

Our Returns Policy includes the rights have you have under the Australian Consumer Law (if you are a consumer), and does not seek to exclude or limit these. If you are a consumer under the Australian Consumer Law:

  • 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 for 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.
  • Your rights under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law does recognise that the relevant time period for which a remedy may be available can vary from product to product, depending on factors such as the nature of the product and the price. Bike Bag Hire adopts the same approach. As you can appreciate, the type of remedy we can offer you may also vary depending on how long it takes you to return the product to us.
  • 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.

How to return a faulty item:

If you suspect your item is faulty or not working properly, please call us on 07 40 300 100 so that we can offer troubleshooting advice over the phone. For a lot of products, we can resolve issues over the phone. If you prefer, you may bring your product into our store to be assessed. Alternatively, you can post your product back to our store for assessment. Please note that a mandatory, non-refundable inspection fee (at this time, $55.00 inc GST) is payable in full before any assessment takes place. This includes items covered by manufacturer warranty as the warranty covers the product, not labour incurred to make the assessment. If a fault is found, you are welcome to ask us to handle the warranty process for you for a fee or to deal directly with the manufacturer (which is the quicker method).

In order to obtain any remedy from us, you must provide us with proof of purchase that clearly shows that Bike Bag Hire was the merchant.

Who pays for inspection/freight?

Any expenses relating to returning your product to us and having the item assessed will have to be paid by you. We can quote you on the costs to send the item to the manufacturer and the repaired/new item back to you. These costs must be paid by you before the item is sent to the manufacturer for repair or warranty replacement. It is easier and in most cases cheaper to arrange the warranty directly with the manufacturer, as they will normally pay the cost of returning the repaired or replacement to you.

Can I return an item if it is not faulty?

As a retailer we are not obliged to accept return of goods purchased via our store unless required under Australian Consumer Law.

We do not have to accept returns if you changed your mind, found it cheaper somewhere else, decided you did not like the purchase, or had no use for it. Please make your choice with this in mind.

We can only accept non-faulty goods for return in the following circumstances:

  1. You have a valid receipt or other proof of purchase with this store

and

  1. You were offered a return acceptance within a particular time frame, by the sales person at the time of purchase. You will need to have a careful record to prove this, and the goods must be complete with all packaging and accessories, and in as-new condition.

If you wish to request your non-faulty product outside of the above conditions, our Store Manager may consider your request, and determine a re-stocking fee based on the conditions of the goods, and date of purchase. At our prerogative, any refund agreed upon, may be in a form other than cash or credit/debit card reversal, for example cheque or bank transfer.

For more information on your consumer rights, please visit www.consumerlaw.gov.au.