OVERVIEW

This website is operated by Topgear Cycles. Throughout the site, the terms “we”, “us” and “our” refer to Topgear Cycles. Topgear Cycles offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Lightspeed POS. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

General

1. https://www.topgearcycles.com is a site operated by NJM Trading Pty. Ltd. (ABN: 16 644 864 808) and is registered in Australia under ACN 644 864 808. NJM Trading Pty. Ltd. is trading as Topgear Cycles, 194 Bulleen Rd, Bulleen, Victoria 3105. Topgear Cycles sells and supplies bicycles and bicycle equipment, clothing and accessories in the course of our trade and business.
2. The buyer (“you”) shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.
3. The “goods” shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.
4. The “price” shall mean the amount payable to Topgear Cycles for the goods including GST, and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the internet, these shall not be accepted by us until confirmed in writing by us to you.
5. For orders placed by customers residing within the Australia, prices include GST charged at the rate applicable from time to time. GST does not apply to orders that are to be shipped outside Australia. Please note that local tax and customs duty may apply. For full details please consult your local customs office.
6. These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of goods by Topgear Cycles. In respect of any sales of goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.
7. We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.

 The Contract

1. After placing an order, you will receive an email from us acknowledging that we have received your order for the goods, and the delivery services you have requested from the delivery service provider. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Topgear Cycles to buy goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the goods have been dispatched by the delivery service provider (the “dispatch confirmation”). The contract between you and Topgear Cycles will only be formed when we send you the dispatch confirmation.
2. The contract will relate only to those goods whose dispatch (by the delivery service provider) we have confirmed in the dispatch confirmation. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate dispatch confirmation.

Cancellation by Topgear Cycles

1. We reserve the right to cancel the contract between us if;
   • we have insufficient stock to deliver the goods you have ordered;
   • the delivery service provider does not deliver to your area
   • one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
   • we have reason to suspect that there is a risk of a fraudulent transaction.

If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

Warranty

1. All warranty in respect of goods are provided entirely by the manufacturers/Australian importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the goods where appropriate.

Title

1. Title to the goods shall pass to you when the goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. In the event that sums owing in respect of other goods ordered within a single order remain due, we shall apportion the sums owing for such goods without prejudice to our right to retain title in respect of all goods ordered.

Delivery

1. For orders placed by and delivered to customers resident in the Australia, we will arrange flat rate standard delivery of your goods on your behalf with third party delivery service providers.
2. Once goods have been delivered to you or your agent, they will be held at your own risk and we will not be liable for their loss or destruction.
3. You must notify us in writing of any shortage, mis-delivery or other discrepancy in any goods ordered immediately, or at the latest within five working days of such shortage, mis-delivery or other discrepancy, thereafter you shall be liable for any such shortage, mis-delivery or other discrepancy. Where we have arranged delivery on your behalf with a third party delivery service provider, any claims for loss or damage in transit should be made directly to the delivery service provider. We will assist you in making any such claim, or alternatively we can deal with such claim on your behalf, at your reasonable cost. You should retain all packaging in the event of a claim or return within the terms of these terms and conditions.

Liability

1. If the goods we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us in writing at our shop (as set out above) of the problem within ten working days of the delivery of the goods in question.
2. If any goods are alleged to be damaged or defective, you must return such goods to us for inspection and report (without any obligation on us to replace the said goods prior to such inspection). You further confirm that it shall be reasonable for us to inspect, repair or replace (at our option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the defect, failure or interruption.

Installation and use of goods

1. Any advice given by our agents or servants during telephone/internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of goods due to any such alternative use, amendment or modification.
2. You confirm that you shall comply with any and all rules relating to installation of the goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any goods or not adequately maintained the goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
3. Any goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.

Competition goods

1. Any goods specified as and supplied as ‘competition goods’ are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers’ guarantees. You agree that such use shall be a relevant circumstance for the purposes of the sale of goods act 1979 (as amended). In addition, any parts connected to competition goods may be placed under stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.

Payment terms

1. Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services
2. Quotations are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that government levies remain unaltered. In the event of such changes, the price of any orders placed before the variation will remain the same and no further increases will be passed to you.

Events beyond our control

1. We shall accept no liability in respect of any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of god, war or actions by third parties.

Entire agreement

1. These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Accuracy

1. All orders you place on this website will be subject to our acceptance in accordance with these terms and conditions.
2. The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an email acknowledging the goods you have ordered from us and the delivery services ordered from the delivery service provider. Please note this email is not an order confirmation or order acceptance from Topgear Cycles.
3. Acceptance of your order and the completion of contract between you and us will take place on despatch to you by the delivery service provider of the goods ordered, unless we have notified you that we do not accept your order or you have cancelled it.
4. All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.
5. Please note the price you pay for goods supplied by Topgear Cycles, and the delivery service provided by the delivery service provider, is the price displayed on this website at the time we receive your order, apart from the following exception:

“whilst we try and ensure all prices on our website are accurate, errors may occur. Should we discover an error in the price of goods you have ordered we will inform you as soon as possible. At this time we would give you the option of reconfirming your order at the correct price or cancelling it with monies paid refunded. If we are unable to contact you, we will treat the order as cancelled.”