Terms of Use
Welcome to the Brisbane Motorcycles website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms of Use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
Before placing your order, please read through these Terms of Use. By using this website and making a purchase, you agree to the terms of use ("Terms of Use") as set out below, the Returns Policy and the Brisbane Motorcycles Privacy Policy. You are bound by these Terms of Use and should review them whenever you are using this website and making a purchase.
All transactions including orders and purchases made through this website are subject to the Terms of Use outlined below. These Terms of Use may change from time to time without prior notice, at our discretion.
The use of this website is subject to the following Terms of Use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Accuracy
Care has been taken to ensure that the products and descriptions of them on this site are accurate. We do not, however, promise or represent that it is accurate or free from errors or omissions and we reserve the right to make any necessary corrections. You should enquire with us directly to ensure the accuracy and currency of the material you seek to rely upon.
Brisbane Motorcycles is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this website or any other website. Brisbane Motorcycles may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items.
Marketing
By ordering or registering on Brisbane Motorcycles you grant us the right to add your contact details to our database and email transactional order, shipping and product review emails. From time to time we may contact you about offers and new products. You can easily be removed by either unsubscribing via the link at the footer of any marketing communications or contacting our customer service team and we will remove you from marketing communications. We do not share, sell or exchange any customer contact information with other companies excluding shipping carriers who use this information to deliver orders.
Returns, Refunds & Exchanges
Any item which is to be returned to Brisbane Motorcycles will only be accepted approval has been granted by Brisbane Motorcycles and an RMA (Return Merchandise Authorisation) number has been generated. Brisbane Motorcycles reserves the right to refuse any returned item without notice if we deem the return to not meet guidelines set upon creation of an RMA.
The cost of returning rejected items is the responsibility of the customer and Brisbane Motorcycles reserves the right to hold products until payment of shipping has been made.
Refunds for orders once dispatched will be refunded minum the initial freight cost incurred by Brisbane Motorcycles. This freight cost will be calculated fairly, using the Australia Post freight calculator. Before sending your order(s) back, please contact us and we can advise you of the freight amount to be deducted from your refund. The buyer is also responsible for organising the freight of the return.
More information available at our Brisbane Motorcycles Return Policy page.
Stock Availability
Brisbane Motorcycles will endeavour to supply all items publicised in the Brisbane Motorcycles website. Similarly, products will be removed from the Brisbane Motorcycles website as soon as Brisbane Motorcycles becomes aware that those items are unavailable. However, there may be unavoidable occasions when:
- All or part of your order cannot be fulfilled immediately, or
- All or part of your order cannot be fulfilled at all.
Where part of an order cannot be fulfilled immediately, the part that can be supplied will be dispatched as soon as possible. Where part of your order cannot be fulfilled at all you will be advised as soon as possible by email, telephone or fax. All products with a limited sales period which are displayed in the Brisbane Motorcycles website will have the withdrawal date clearly shown.
However, where a product which does not have a specified sales period becomes unavailable due to unexpected or high demand, and that item is ordered by you before Brisbane Motorcycles has withdrawn that item from the Brisbane Motorcycles website, Brisbane Motorcycles will not be held responsible for inability to complete that order.
Delivery Standards
Brisbane Motorcycles will endeavour to dispatch all orders within 1-2 working days of receiving the order and endeavour to deliver all orders within 3-14 business days from receipt of order. Brisbane Motorcycles will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, Brisbane Motorcycles will not be responsible for any delays in delivery which are beyond its control. If goods are not available or there is a delay in delivery Brisbane Motorcycles will notify its customers within 5 business days.
Once Payment has been received and processed, goods will be shipped. All orders will have a delivery tracking number to ensure safe delivery and are subject to the freight company's timings and terms and conditions.
Incorrect Details Supplied
Please note that acceptance of your order implies that we will fulfil your order within the time specified in the Delivery Standards. The following situations are exceptions:
- If and when incorrect payment details, including credit card details, are supplied.
- Where correct credit card details are supplied but funds are not approved.
In the event that you supply incorrect payment and delivery details, Brisbane Motorcycles will take all reasonable steps to contact you using the personal details that you have provided. In the event that your supplied contact details are incorrect however, Brisbane Motorcycles will not be held responsible for not fulfilling your order, nor for being unable to advise you that this is the case.
Pricing
Prices are subject to change without notice. All prices listed on this website are subject to confirmation. Brisbane Motorcycles will notify you by email if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order. Brisbane Motorcycles is under no obligation to accept the suggested retail prices, and may sell at any price it chooses. All prices apply to online purchases only.
Payment Options
All prices on the Brisbane Motorcycles website are in Australian dollars (AUD) and all charges, including prices charged to overseas-based credit cards, are according to the exchange rate on the day of shipment. All goods must be paid for in Australian Dollars (AUD) as calculated against current exchange rates. Goods cannot be shipped until payment is confirmed to be in our account.
Cancelled/Declined Orders
If notified before goods have been dispatched, Brisbane Motorcycles can accommodate order cancellations. If items have been shipped, Brisbane Motorcycles reserves the right to refuse order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service. We also reserve the right to cancel an order and/or to place a stop on online orders if:
- Your order is not accepted at the nominated delivery address; or
- We believe (or reasonably suspect) that your order is fraudulent or you have otherwise breached these Web Site terms and conditions.
Tax Invoices
Brisbane Motorcycles online store will email you a tax invoice when payment is processed, so you can reprint the email should you require a hard copy of the invoice.
Unacceptable Orders
Brisbane Motorcycles reserves the right to reject an order if, in its sole opinion, it is unacceptable.
Gift Cards
Gift cards can be redeemed through Brisbane Motorcycles website or in any of our stores:
- Gift cards cannot be used to purchase gift cards.
- Gift cards are not redeemable for cash and cannot be returned for a cash refund. Any unused balance will be placed in the recipient's gift card account and is not transferable.
- If your order exceeds the amount of your gift card, you must pay for the balance with a credit card.
- Gift card cash value is 1/10 of one cent.
- Brisbane Motorcycles is not responsible for lost or stolen gift cards.
- Brisbane Motorcycles will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift card is either redeemed through the Brisbane Motorcycles website or in-store or is redeemed and used to make purchases on the Brisbane Motorcycles website or in-store.
BRISBANE MOTORCYCLES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
Brisbane Motorcycles reserves the right to change these terms and conditions from time to time in its discretion.
Shipping Services
All items shipped using Australia Post requires a Signature on Delivery. If you are unable to collect the item, a “sorry we missed you card” will be left and it will be your responsibility to attend an Australia post outlet to collect your item.
Brisbane Motorcycles does not accept responsibility for loss or damage of any items during shipping. If in any case you receive an item that is damaged we suggest you follow it up with the service provider. In the case the packaging or wrapping containing the ordered products is clearly damaged, We invite the buyer to refuse delivery form the shipping agent or to specify that the package was "received with reservations".
When you receive your goods we suggest you check the packaging and ensure it is in good order and not damaged in any way. In the case the packaging or wrapping containing the ordered products is clearly damaged, we invite the buyer to refuse delivery form the shipping agent or to specify that the package was "received with reservations".
On all occasions we suggest you nominate the address where you will be available throughout the day.
Shipping Insurance
If you choose not to select a shipping option with Insurance, Brisbane Motorcycles does not accept responsibility for loss or damage of any items during shipping.
AUSTRALIA POST INSURANCE When you select a Australia Post shipping option with Insurance, the Service consists of Australia Post’s agreement that if an article (excluding a Valuable Document) is lost or damaged whilst being carried by post by Australia Post, Australia Post will replace or repair the article or compensate the Claimant in an amount equal to the lesser of the following:
- The Claimant’s actual loss; or
- The amount of the Limit in respect of that article
International Shipping
All orders shipped out of Australia are shipped with Australia Post Express Courier International. They advise 5-10 business day delivery to most countries around the world. Remember that once the goods arrive in your country, Australia Post might require local contractors for on-forwarding and they are then relying on them to operating efficiently and without error. Due to the many variables encountered with international freight contractors, Brisbane Motorcycles cannot be held liable for international consignments that are lost in transit. Please be aware that you accept responsibility for lost international consignments and Brisbane Motorcycles will not re-ship or refund your order.
Customs / Duties
International orders may be subject to local charges. Any customs or import duties and associated fees are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. Brisbane Motorcycles cannot be held responsible for any additional charges on your order, nor can we accept a return of the order if these charges are not paid for.
Customs policies vary widely from country to country, so please contact your local customs office for further information. If you refuse to pay these charges your parcel may be abandoned, and Brisbane Motorcycles will not be held responsible for any loss of funds as a result of this occurrence. We cannot mark International orders as a gift in order to bypass or reduce any customs fees.
Intellectual Property
The materials displayed on this website, including all editorial materials, information, photographs, illustration, artwork and other graphic materials, and names, logos and trademarks, are the property of Brisbane Motorcycles and are protected by copyright, trademark and other intellectual property laws.
Any such content may be displayed and printed solely for your personal and non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of Brisbane Motorcycles. Brisbane Motorcycles does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the website or in the user interface of the website.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
Goods & Services Tax
All prices are inclusive of Australian Goods and Services Tax (GST) where applicable. Brisbane Motorcycles will issue a compliant tax invoice where appropriate.
Governance
These Terms or Use are governed by the laws of Queensland, Australia. In the event of a dispute you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia and the Federal Court of Australia. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
Third Party Websites
The Brisbane Motorcycles website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Brisbane Motorcycles does not control, endorse, sponsor or approve any such third party websites or their content nor does Brisbane Motorcycles provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Links to Brisbane Motorcycles
If you wish to establish a link to this website, you must first seek approval from Brisbane Motorcycles. To seek approval, please contact us. The following information will be required to assess your request:
- The URL of the website that you seek to establish a link from
- A brief description of your website
- The reason that you wish to establish a link.
If Brisbane Motorcycles agrees to your proposed link, you must comply with any terms and conditions imposed by Brisbane Motorcycles as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Brisbane Motorcycles and provide a new description of your website.
Disclaimer of Warranties
To the maximum extent permitted by law (most importantly the Australian Consumer Law):
- Brisbane Motorcycles disclaims all warranties with regard to the information and applications contained on the website and your use of the website, including all implied warranties of merchantability and fitness.
- Brisbane Motorcycles, its contractors, agents, or employees disclaim liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the use or performance of the website whether in contract, at common law or in equity, or on any other basis.
- If Brisbane Motorcycles becomes liable for any breach of any such condition or warranty, Brisbane Motorcycles shall be limited at its option, to any one or more of the following:
- In the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring goods; or payment of the cost of having the goods repaired; and in the case of services: to either supplying the services again or payment of the cost of having the services supplied again.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of this website is at your sole risk. To the extent permitted by law, we exclude all express or implied conditions or warranties of any kind, including any warranty that the material on this website will be reliable, accurate or complete, or that your access to this website will be uninterrupted, timely or secure. In particular, we do not warrant the reliability or accuracy of card information or that material accessible on or through this website will be free from errors, viruses, worms or other harmful code.
We are not liable to you or to any other person for any loss or damage (including any other form of indirect or consequential loss) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with online purchases or use of this website, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in this website.
These exclusions only apply to the extent permitted by law. Our liability to you in contract, tort (including negligence), under statute or otherwise, will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. This clause will apply even after this agreement has ended. Where legislation implies any condition or warranty that cannot be excluded in these website terms and conditions – online purchases, we limit our liability for breach of any such implied conditions or warranties to the replacement or repair of the goods (or costs thereof) or re-supply of the services (or costs thereof).
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.