Terms & Conditions | Giant Melbourne


1. Overview

a) The Giant Melbourne, Lygon Street and Essendon website, located at www.giantmelbourne.com.au (Website), is owned, controlled and operated by Giant Melbourne Pty Ltd as Trustee for Giant Melbourne Unit Trust (ABN 66 480 282 882), Giant Essendon Pty Ltd as the Trustee for Giant Essendon Unit Trust (ABN 68 483 721 034), Woo Group Pty Ltd as The Trustee for The Woo Unit Trust ABN (56 261 772 944) and Woo Global Pty Ltd as the Trustee for Woo Global Unit Trust (ABN 86 123 883 468) (we, our, and/or us).  

b)  We operate the Giant Melbourne, Giant Lygon Street and Giant Essendon retail stores (Stores).

c)  As a condition of using our Website, you agree to the following terms and conditions (Terms) and to be legally bound by these Terms. 

d) We have the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.

2.  Pricing And Ordering  

a)  Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change product and shipping pricing at our discretion and without notice

b)  Unless otherwise stated, all prices are in Australian Dollars and GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) is included in the price of products on the Website. 

c)  By placing an order via the Website (Order), you are offering to purchase the products on and subject to these Terms.  

d)  While we try our best to fulfil all Orders, you agree that we have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the relevant products. If we cancel an Order, we will provide a full refund of all monies paid to us in relation to the cancelled Order. 

e) An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to the Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with our approval.  

f)  To purchase products via our Website, you must use a valid Mastercard or Visa credit or debit card. We do not collect or record any credit card details provided by you when making purchases via the Website. You are responsible for any credit card fees or surcharges that apply to your payment. You must have full authority to use the credit or debit card used when making a purchase with us. We reserve the right to ask for the credit card authorisation form and the photo of the credit card (front and back) when you use someone else's credit card to make the purchase via our website.

g) You may also purchase our products at our Stores or the Website using Zip and Afterpay. 

h)    We may offer sales and discount codes (each a Promotion) from time to time, and you agree that: 

i)   Promotions apply to full priced products only; 

ii)  only one discount code can be used in connection with an Order; 

iii) discount codes cannot be used in conjunction with any other offer; 

iv)   discount codes are not transferable;  

v) discount codes must be used by the date specified (where applicable);  

vi)  Promotions cannot apply retrospectively to previous Orders; and 

vii)   we may change or cancel any Promotion at any time and without notice within its sole discretion.  

3. Shipping, Delivery and Pick Up  

    a)  All bikes are delivered fully assembled by one of our friendly employees, who will be happy to help ensure the saddle is set to the correct height. If you have any questions about bike sizing, please contact us before making a purchase. Unfortunately, we cannot deliver bikes partially assembled, in boxes, or via a third-party courier. Parts and accessories may be delivered by a trusted third-party courier. 

    b)  When placing an Order, you agree that it is your responsibility to provide accurate information to us. Where inaccurate delivery information is provided, you agree that a redelivery fee may apply and is payable by you. We are not responsible for orders that are lost due to you providing inaccurate delivery information provided by you. 

    c)  Any date or period of time given by us in relation to the processing and shipping of an Order (either in these Terms or otherwise) is intended as an estimate only and may be subject to change. You agree that we are not responsible for any Loss suffered by you where an Order is not processed or delivered within the estimated time frame. We will notify you via email if there are any significant processing or delivery delays in relation to your Order.  

    d)  We ship within Australia only.  

    e)  Suitable delivery partners for orders may vary and are determined by us in our sole discretion. You are responsible for paying shipping costs unless we offer you free shipping. Shipping costs will be outlined at the checkout prior to payment.  

    f)  Once an Order is dispatched, we will send you a confirmation email.  Our staff will follow up by phone or email as the status of your order changes (i.e. when your order is shipped). 

    g)  We kindly request that you inspect all products on delivery to confirm they are what you ordered and do not have any faults or defectsIf required by our delivery agent, you must also note any damage on the delivery docket presented to you by the delivery agent for signature. If you believe that your Order has been lost or damaged in transit, please contact enquiries@giantmelbourne.com.au 

    h)  You agree to collect your Order at the relevant Store within 7 business days of you receiving an email explaining that your Order is ready for pick-up. If you are unable to do so, you agree to contact us to organise an alternative pick-up time. At the time of pick-up, you agree to present to one of our representatives at the Store, the original Order confirmation email, a government issued identification card (such a valid driver’s license or passport) and the credit card used for the transaction.  

    i)  If you fail to collect the Order and/or fail to contact us within 14 business days after the receipt of email notice that the Order is available to collect, the order will be cancelled and we will refund any amounts you have paid in respect of the Order (less any applicable shipping, handling and restocking charges). 

    j)  For more details information, please access to our website at https://giantmelbourne.com.au/pages/shipping-policy 

    4.  Gift Cards 

      a)  Giant Melbourne gift cards (Gift Cards) can be purchased in store at Giant Melbourne, Giant Lygon Street and Giant Essendon.  

      b)  Gift Cards are valid for 3 years from the issue date stated on the Gift Card, unless otherwise stated on the Gift Card. 

      c)  Gift Cards may be redeemed in store at Giant Melbourne, Giant Lygon Street and Giant Essendon. 

      d) You must be able to present the original Gift Card (or corresponding purchase confirmation email with Gift Card details) at the time of redeeming a Gift Card. 

      e) Gift Cards are not redeemable for cash, are not transferable and cannot be used in conjunction with any coupon or discount. Promotional Gift Cards (i.e. gift cards purchased at a discounted rate) can only be used on full-priced items. 

      f) You must treat your Gift Card like cash. We take no responsibility if your Gift Card is lost, stolen or destroyed. 

      g) To the extent permitted by law, all Gift Cards issued by us are non-refundable. 

      5. Title And Risk 

        a) Title in the product(s) comprising an Order is retained by us and will not pass to you until full payment in cleared funds is received by us.  

        b)  To the extent permitted by law, all risk of loss or damage to the product(s) passes to you when the Order is delivered to you at your nominated delivery address.  

        6. Australian Consumer Law 

        a)  Our goods come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.

        b) Nothing in these Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law. 

        7. Refund Policy for Change of Mind 

        Subject to your rights under clause 5 6 above and unless we indicate on the Website that your product(s) are non-returnable, we accept returns for ‘change or mind’ strictly on the following conditions: 

        a) you must notify us by email at enquiries@giantmelbourne.com.au with the following information:

        i)  customer name;  

        ii)  date of purchase;  

        iii)  order confirmation numberproduct(s)

        iv)  being returned;  

        v)  reason for return.

        b)  Upon receiving the request, we will promptly reply to your request;

        c)  So that we can best deal with the relevant issues, you must return your product(s) within 5 days of the date of purchase; 

        d) you must provide a receipt in relation to the returned product(s); 

        e) you agree that a 3% restocking fee will apply to all bikes and bike parts/accessories returned under this clause; 

        f) the product(s) to be returned must be unopened and unused; 

        g) the product(s) to be returned must be returned to us in the original packaging with original price and information tags attached;  

        h) for bikes, we will deduct any labour charges from your refund amount if modifications were made to the bike at the point of sale; and 

        i) you are responsible for paying all shipping costs incurred in us delivering the product(s) to you or you sending the product(s) back to us; and 

        j) you agree that we are not responsible for product(s) that are lost or damaged in transit when you ship them back to us. 

        8. Returns Policy For Faults And Incorrect Products

        a) If you believe any of the products purchased on or through the Website are faulty, defective, have a problem or are not what you ordered, please notify us by email at enquiries@giantmelbourne.com.au (this is referred to as a Fault Notice) with the following information: 

        i) customer name;  

        ii) date of purchase;  

        iii) order confirmation number; 

        iv) product(s) being returned;  

        v) reason for return;  

        vi) photos of any fault or defect (if applicable); and 

        vii) the outcome you request. 

        b) So that we can best deal with the relevant issues, we kindly request that you email all Fault Notices to us within 7 days of the products being delivered to you.  

        c) Upon receiving a Fault Notice, we will promptly assess and discuss all Fault Notices with you, and:  

        i) where we agree there is an issue with your product, we will ask you to return the product to us and you will be entitled to receive a remedy listed below; and 

        ii)  where we are unable to determine whether there is an issue with your product, we will ask you to return the product to us for further assessment.  

        d)  Where a product is returned under clause 7 and the product is not the product ordered, you are entitled (at your election) to a replacement product to the same value or a full refund and we will pay for return shipping costs. 

        e)  Where a product is returned under clause 7 and the product has: 

        i)  a minor problem (as defined in the Australian Consumer Law), we will at our election, repair, replace or refund the products and pay for return shipping costs; 

        ii)  a major problem (as defined in the Australian Consumer Law), we will at your election, repair, replace or refund the products and pay for return shipping costs; 

        9. 5% Price Beat Guarantee  

        a) If you find a cheaper price on an identical Giant Bicycle, Part, or Accessory at one of our competitors ("Competitor"), we will offer an additional 5% discount on this Competitor price:

        i) Competitor must be an Authorised Giant Store (as listed on the Giant Australia website: https://www.giant-bicycles.com/au/stores), and located within a 50 kilometer radius of Giant Melbourne (2/50 Bourke Street, Melbourne VIC 3000);

        ii) Competitor price must be publicly listed; 

        iii) Item subject to offer must be currently in-stock at Competitor;

        iv) Excludes clearance, seconds, refurbished, ex-demonstration, or display products;

        v) Excludes cash-back offers, vouchers, discount codes, coupons, or pricing errors;

        vi) Excludes offers not available to the general public such as trade, club, or special event pricing;

        vii) This offer is not available retrospectively.

        10. Warranties 

        a) Limited warranty: Giant warrants for the original owner only the frame, rigid fork, or original component parts of each new Giant brand bicycle to be free from defects in material and workmanship for the following specified periods: 

        i) Warranty of lifetime for: The bicycle frame, except on models intended for downhill purposes. 

        ii) Warranty of ten years for rigid forks. 

        iii) Warranty of three years for frames on models intended for downhill purpose. 

        iv) Warranty of one year for paint finish and decals. 

        b) All other original parts, including rear shock linkages, but excluding non Giant Brand parts, suspension forks, and rear shock absorbers, (All non-Giant brand parts, suspension forks, and rear shock absorbers shall be covered exclusively by the stated warranty of their original manufacturer.) 

        c) Required assembly when purchased: This warranty applies only to bicycles and framesets purchased from an Authorized Giant Dealer and assembled by that dealer at the time of purchase. 

        d) Limited remedy: Unless otherwise provided, the sole remedy under the above warranty, or any implied warranty, is limited to the replacement of defective parts with those of equal or greater value at the sole discretion of Giant. This warranty extends from the date of purchase, applies only to the original owner, and is not transferable. In no event shall Giant be responsible for any direct, incidental or consequential damages, including, without Imitation, damages for personal injury, property damage, or economic losses, whether based on contract, warranty, negligence. product liability, or any other theory. 

        e) Exclusions:  

        The above warranty, or any implied warranty, does not cover: 

        i) Normal wear and tear on parts such as tires, chains, brakes, cables and gearwheels in situations where there are no assembly or material defects. 

        ii) Bicycles serviced by other than an Authorised Giant dealer. 

        iii) Modifications from the original condition. 

        iv) Use of the bicycle for abnormal, competition and/or commercial activities or for purposes other than those for which the bicycle was designed.  

        v) Damage caused by failing to follow the owner's manual 

        vi) Paint finish and decal damage resulting from taking part in competitions, jumping, downhill and/or training for such activities or events or as a result of exposing the bike to, or riding the bike in, severe conditions or climates. 

        vii) Labor charges for part replacement or changeover. 

        11.  User Accounts  

        a) We may require you to establish your an account with us using a username and password chosen by you (Login) in order for you to access and use certain areas of the Website. Each time you use your Login, you will be deemed to be authorised to access and use the Website in accordance with the Terms.  

        b) It is your sole responsibility to protect the security and confidentiality of your Login and for all activities on the Website using the Login, including without limitation all communications, transmissions and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your Login.  

        c) You must immediately notify us of any unauthorised use of your Login or any other actual or threatened breach of the Website’s security that you may be aware of.  

        12.  Personal Information 

        a) We are committed to the transparent management of your personal information.  

        b) So that we can fulfil your Orders, we will need to collect certain personal information from you.  

        c) We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy.  

        13.  Intellectual Property 

        a) Giant is a trademark of Giant Bicycle Co. Pty Ltd. Other product and company names displayed on the Website may also be trade marks of their respective owners. 

        b) We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content).  

        c) While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose.  

        14.  Third Party Links  

        The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free. 

        15.  Limitation Of Liability  

        a) Subject to clause 5 of these Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree: 

        b) your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from your use of or reliance on this Website (including all Content), however incurred;  

        c) Giant Melbourne does not make any representations, warranties or guarantees in relation to the supply of goods or services by Giant Melbourne via the Website; and 

        d) Giant Melbourne hereby disclaims all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website. 

        16.  Indemnity  

        a) You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms.   

        b) We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us. 

        c) Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim. 

        17.  Governing Law 

        a) The Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and you agree that the courts of the State of Victoria, Australia will exclusively adjudicate over any dispute in relation to these Terms.   

        b) If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.  

        c) This Website may be accessed from outside Australia.  We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located. 

        18.  Definitions 

        a) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise. 

        b) Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business. 

        c) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss. 

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