IN ORDER TO PROTECT YOUR INTERESTS YOU SHOULD READ THESE TERMS & CONDITIONS CAREFULLY BEFORE PLACING AN ORDER WITH US. THESE TERMS & CONDITIONS APPLY ONLY TO GOODS PURCHASED THROUGH GIANT ONLINE AND DO NOT APPLY TO IN-STORE PURCHASES. PLEASE REFER TO YOUR LOCAL RETAILER FOR THEIR TERMS & CONDITIONS FOR IN-STORE PURCHASES.
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement referred to as “Consumer”, “you,” “your,” or “user” herein) and The Trustee for Woo Global Unit Trust, Trading as Giant Ride 926 - 928 Mount Alexander Road Essendon Victoria 3040 firstname.lastname@example.org ("Giant Melbourne" and sometimes also referred to as “us,” “we” or “our” herein) regarding your access to and use of Giant Melbourne website(s) and all content, information, products and services available on or through those website(s) (collectively, the "Website").
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorised to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.
TERMS GOVERNING ALL ORDERS
These Terms apply to any and all purchases made by you from giantmelbourne.com.au via the Website. If you place an order with Giant Melbourne it means you have read and expressly agree, consent to, and accept these Terms. You must be 18 years or older to make a purchase on this Website. These Terms apply to all sales of bicycles, clothing, and any and all other goods and products offered on this Website (collectively, “Products”). These Terms cannot be altered, other than in writing and signed by an Officer of Giant Melbourne. In the event of any inconsistency or conflict between these Terms and any provision in any Consumer-submitted order or writing, in any other document writing, or any oral arrangement in connection with an order of any Product, these Terms shall govern and control (and any inconsistent provisions shall be void). Giant Melbourne reserves the right to change or modify these Terms at any time in its sole discretion. Notice of any such changes to these Terms will be provided by Giant Melbourne by posting a notification on this Website or updating the date referenced at the top of the revised Terms or as otherwise deemed appropriate by Giant Melbourne. Giant’s right to require strict observance and performance of each of these Terms shall not be reduced, vitiated, or otherwise affected by any current or past waiver of any of these Terms (or by any previous course of dealing).
ORDERS AND ACCEPTANCE
When you place an order on the Website, such order will not be deemed accepted by Giant Melbourne unless and until an “Order Confirmation” acknowledgment is sent to you via email by Giant Melbourne. Orders accepted by Giant may not be cancelled without Giant’s express written consent, which Giant may withhold in its sole discretion. All orders are subject to the availability of the ordered Product. Giant Melbourne reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. Also, even if an order has been accepted, Giant Melbourne may subsequently cancel such order in whole or in part due to Product availability (including without limitation, any discontinuation of the Product), price change, if the incorrect Product price was displayed on this Website, or as otherwise determined by Giant Melbourne in its sole discretion. You will be notified of any order cancellation and any amounts you have paid to Giant Melbourne in respect of such order shall be refunded as set forth in the “Return Policy” paragraph of these Terms.
OUT OF STOCK/BACKORDER
Under rare circumstances, an item may become out of stock before we are able to ship out the order. We will always contact you prior to shipment if this happens and we will try our best to remedy the situation and will notify you of the date by which the item will become available. However, due to limitations we cannot accept back orders. If you wish to substitute an item you will need to contact us to arrange for a substitute or to cancel your order outright. If the item is not available we will cancel your order. If your payment has already been processed for the purchase when your order is cancelled, Giant Melbourne will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. In the event that we are unable to contact you within 10 working days, the order will be deemed cancelled and any sums you have already paid to us in respect of the goods shall be refunded to you.
All orders must be paid in full prior to shipment. Giant Melbourne accepts payment via MasterCard & Visa credit cards and debit cards. Payment information is submitted by you upon the placement of any order, and acceptance, fulfillment and shipping of the order by Giant Melbourne is subject to verification of payment information and availability of funds. Only valid credit or debit cards acceptable to us may be used and all refunds will be credited to the same card used in the purchase. By submitting your order, you represent and warrant that you are authorised to use the designated credit or debit card and authorise us to charge your order (including Taxes, shipping, handling and any other amounts described on this Website) to that credit or debit card. If the credit or debit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
Unfortunately, we cannot work out credit card problems with your financial institution if a credit card is declined. It is your responsibility to settle credit card problems with the issuing institution, and then place the order again when the problem is resolved.
If a credit card authorisation fails, we reserve the right to cancel your order without notifying you.
GOODS AND SERVICES TAX (GST)
All prices quoted on giantmelbourne.com.au are in Australian Dollars and are inclusive of GST.
YOUR RIGHTS 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. Nothing in these terms and conditions limit the consumer guarantees under the Australian Consumer Law in any way.
LIMITS OF RESPONSIBILITY
Subject to your rights under the Australian Consumer Law, we accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product.
PRICE AND/OR DESCRIPTION CHANGES
All prices, pictures, and descriptions on this website are subject to change. Subject to your rights under the Australian Consumer Law, we maintain no responsibility for inadvertent errors. When you place your order with us, you agree to the price and terms indicated on this website at the time of order. Please contact us within 30 days of the date of your order regarding price or promotion discrepancies. Subject to your rights under the Australian Consumer Law, after 30 days from the date of your order, we are unable to offer refunds, credits or corrections to your order and price differences related to future or past prices in our store or any other store are not refundable.
ERRORS ON OUR WEBSITE
Prices and availability of products are subject to change without notice. Errors will be corrected where and when discovered. Giant reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.
If your payment has already been processed for the purchase when your order is cancelled, Giant will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
THE GIFT WITH MORE GIVE PROMOTION TERMS AND CONDITIONS
1. Promotion Name and Organiser
The Giant Gift With More Give Promotion (the “Promotion”) is organised by Giant Melbourne Pty Ltd as Trustee for Giant Melbourne Unit Trust ABN 66 480 282 882 ("we”, "us”, “Giant Melbourne”, or "the Organiser") in partnership with Giant Essendon Pty Ltd as the Trustee for Giant Essendon Unit Trust ABN 68 483 721 034 (“Giant Essendon”), Woo Group Pty Ltd as The Trustee for The Woo Unit Trust ABN 56 261 772 944 (“Giant Lygon Street”), and Woo Global Pty Ltd as the Trustee for Woo Global Unit Trust ABN 86 123 883 468 (“Giant Melbourne Online Store”).
2. Application of Terms & Conditions
These terms and conditions (“Terms”) apply to those (“you”) who make orders for a gift card that forms part of the Promotion. We may modify these terms and conditions by posting them on the Online Store. If you do not agree to any changes, you may choose not to purchase from us.
a) The Promotion applies only to $200 Giant gift cards purchased on the Giant Melbourne Online Store (located at www.giantmelbourne.com.au) (the “Online Store”) between midnight on 05 December 2023 and ends at midnight on 31 December 2023 (“Promotional Period”) (“Promotion Gift Card”).
b) As part of the Promotion, a Promotion Gift Card is discounted by 75% the usual retail value of the gift card. For example, a single $200 gift card can be purchased for $50 and two (2) $200 gift cards can be purchased for $100.
c) Upon purchase of any Promotion Gift Card, you will be required to elect either one or two individuals who you will gift the Promotion Gift Card to (“Nominated Person/s”).
4. Purchase Exclusions
a) Any gift cards other than $200 Giant gift cards purchased via the Online Store are excluded from the Promotion.
b) Each purchaser of a Promotion Gift Card may purchase either one or two Promotion Gift Cards during one single transaction in the Promotional Period.
c) $200 Giant gift cards purchased in the Giant Melbourne, Giant Essendon, and Giant Lygon Street physical stores (“Physical Stores”) are excluded from the Promotion.
d) You are not entitled to any further discounts or to apply any further discount than already deducted in your purchase of a Promotion Gift Card.
5. Redeeming a Promotion Gift Card
a) You are not entitled to redeem a Promotion Gift Card you have purchased in a transaction you make with us. The Promotion Gift Card must only be redeemed by the Nominated Person/s.
b) A Promotion Gift Card is only redeemable on full priced products and services appearing on the Giant webstore at https://giantmelbourne.com.au/) and may only be redeemed online.
c) If a Promotion Gift Card is presented in store, the Organiser will not accept it as a valid gift card and you will be advised to redeem it online.
d) A Promotion Gift Card cannot be used to purchase further gift cards, whether a Promotion Gift Card or otherwise.
6. Returns and Expiry
a) Unless we otherwise agree and subject to your rights under the Australian Consumer Law or otherwise at law, we do not provide credits or returns on a Promotion Gift Card.
b) Unless we otherwise agree and subject to your rights under the Australian Consumer Law or otherwise at law, any Promotion Gift Card will expire 12 months from its date of issue.
a) If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Organiser, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Organiser may in its sole discretion cancel, terminate, modify or suspend the Promotion.
b) Without limiting any other paragraph and subject to your rights under the Australian Consumer Law or otherwise at law, the Organiser may at its discretion amend any aspect of this Promotion or of these terms.
c) Nothing in these Terms and Conditions, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).
d) You must treat your Promotion Gift Card like cash. We take no responsibility if your Promotion Gift Card is lost, stolen, deleted or otherwise destroyed. To the extent permitted by law, lost or stolen Promotion Gift Cards will not be replaced, refunded or redeemed.
e) The Organiser and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) by any person in connection with this Promotion, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law) including the Non-Excludable Guarantees.
f) A reference in these Terms of Entry or the Schedule or in any advertisement relating to this Promotion to ‘dollars’ or ‘$’ is a reference to the lawful currency of Australia.