Rentals, sales of new/used bikes, repair/restoration, and electric bikes with surfboard racks. Refunds and return
BBB does refund or accept the return goods based on consumer choice or change of mind. Discounted sale items are not returnable or refundable. Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Austr
alian Consumer Law. Refunds are strictly limited to those available under clauses implied by statute. The Customer must comply with directions from staff to facilitate a return. Returned Products, under the Returns Policy must be returned in their original packaging with all accessories. Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the product cannot be returned, removed or transported without significant cost to You because of:
(a) the nature of Our failure to comply with the consumer guarantee, or
(b) the size or height, or method of attachment, of the Product.
7. Warranties
All warranties are with the manufacturer and not BBB. BBB may facilitate the process of warranty. BBB reserves the right to charge for any costs, time, or service the handing of a warranty or claim. Any workshop services are not covered but the manufacturer warranty are to be charged to the customer.
8. Liability
8.1. To the greatest extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
8.2. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
9. Guarantee
9.1. The Seller’s liability for Good manufactured by it is limited to making good any defects. This must be done by repairing the defects or, at the Seller’s option, by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched. This applies so long as:
The defects have arisen solely from faulty materials or workmanship;
The Good have not received maltreatment, inattention or interference;
accessories of any kind used by the Buyer are manufactured by or approved the defective parts are promptly returned free of cost to the Seller.
9.2. If the Goods are not manufactured by the Seller, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer for the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
9.3. The Seller is not liable for, and the Buyer releases the Seller from, any claims in respect of faulty or defective design of any Goods supplied. This is unless the design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing.
9.4. The Seller’s liability under clause 10.3 is limited strictly to the replacement of defective parts in accordance with clause 10.1 of these Terms.
9.5. Except as provided in these Terms, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, negligence or in any way.
10. Consumer Guarantee
10.1. The Seller’s liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law is limited to:
10.2. in the case of Goods, any one or more of:
The replacement of the Goods or the supply of equivalent goods;
The repair of the Goods;
the payment of the cost of replacing the Goods or of acquiring equivalent goods; and
The payment of the cost of having the Goods repaired; or
10.3. in the case of services:
The supplying of the services again; or
the payment of the cost of having the services supplied again
11. Miscellaneous
11.1. Title and risk in the BBB Products pass to the Customer on delivery of the Products.
11.2. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
11.3. A failure or delay by BBB to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by BBB does not preclude its future ability to exercise that or any other power or right.
11.4. Insofar as they apply to the ordering, purchase, fulfillment and delivery of BBB Products, these BBB Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
11.5. Unless otherwise stated all prices quoted by Us are exclusive of Goods and Services Tax (GST)
