Terms & Conditions

BEFORE YOU ORDER:

To order online with us please ensure you are aware of the following requirements and limitations:

• You must be over 18 years of age.

• We ship ONCE a week. But more often whenever our resources allow us.

• We only ship within Australia.

• Minimum shipping cost is $20

POSTAGE INFORMATION

Postage Rates:

Free Pick Up:

For locals and through travellers we offer FREE Pickup in Bendigo.

• Orders must be placed 2 days prior to intended pickup date

• Pickup only available during the hours of 5 – 8pm

$20 Flat Rate

• A minimum $20 flat rate postage fee applies on all orders.

Postage TImes and Frequency

• We process our orders ONCE weekly.

• Order placed before 5PM SUNDAY are packed MONDAY and posted TUESDAY.

• Tracking information will be provided to you upon dispatch.

• Postage time is usually 3-7 business days from our dispatch date.

• Duration will vary depending on the delivery location.

• Duration may be affected by altered delivery timeframes by Australia Post.

• We will endeavour to deliver within our specified delivery timeframes stipulated at the time of your order.

• You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be longer than times nominated and paid for by you.

Order Enquiries

If you have not received your shipment within 7 business days from the dispatch date of your order, or you have any other order enquiries, please email us at info@bendigomtb.com

Delivery Pre-Conditions

• We will not deliver unless all requested delivery details are given when you place your order.

• You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.

Risk

You agree that risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).

Cancellation Requests

‘Change of Mind‘ refunds are not available.

Cancellations requests must be made before order fulfilment, as orders may already be out for delivery.

More information about cancellations, returns, and refunds please refer to our refund policy.

Terms and Conditions

As a condition of using this website, you agree to comply with and be subject to all of the following terms and conditions of use. The term ‘us’ wherever it appears, refers to Bendigo Mountain Bike Club Inc. Wattle Drive Spring Gully, VIC 3550.

Ordering via our Website

When placing an order with us via the website or via phone with our team, you confirm that all the details that you have provided in completing the order and offer to purchase our products are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.

More information about Postage can be found on the Postage information page.

Delivery

In these terms, “deliver” and “delivery” of products include, physical delivery, postage, and collection / pickup of them at our venue.

Address for delivery

You agree that the address to which we may deliver is the address you gave for delivery as part of your order or any other address we may subsequently agree to accept as the delivery address.

We will not deliver unless all requested delivery details are given when you place your order.

Delivery pre-conditions

You agree that we may rely on any person who is at the address you gave for delivery, and who takes receipt of your ordered products, as being authorised for that purpose.

Delivery times

We will endeavour to deliver within the specified delivery period at the time of your order. You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be longer than times nominated and paid for by you.

Delivery returns/non-collection

If having commenced delivery of your order, we return any ordered products to our venue or our storage site, while we will refund the amount paid by you for those products (in the absence of an arrangement with you for re-delivery), you agree that we may deduct an amount from this refund amount on account of the costs incurred by us in returning the relevant products to our store or storage site. You agree that we may make such deduction where we were unable to deliver due to circumstances beyond our reasonable control (including because of the wrong address appearing to us to have been given) or where we did not complete delivery because of any of the “Delivery pre-conditions” above not being met.

You may email us about any non-delivery or Pick Up collection matters by using the Contact us feature on our website.

Cancellations By us

We may cancel your order before delivery in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. Any such cancellation shall be by giving you such reasonable cancellation notice as we are able to provide via any of the contact details we have for you. The circumstances in which we may cancel your order are if:

1. any of the ordered products are not available;

2. there was any error in the description of any ordered products or their price as advertised by us;

3. your order is in breach of these or any other relevant terms and conditions or is contrary to a person’s rights or to any law; or

4. these terms and conditions (for example under “Delivery pre-conditions” above) provide that we may not deliver your order.

Cancellations By you

You agree that you cannot change or cancel an order after it has been placed. If you wish to change or cancel your order please contact us as soon as possible on at info@bendigomtb.com to confirm whether there might still be time for us to agree to you changing or cancelling your order. Every attempt will be made to accommodate your request, however unfortunately no guarantee can be given once an order has been placed.

If we agree to you changing or cancelling your order after it has been placed, we may do so subject to you providing proof of purchase, to the ordered products being in their original condition and packaging and to you agree to pay an amount we request on account of our reasonable costs of processing the change or cancellation.

If your order has already been processed, you may still be able to return your order, which can be done by mutual arrangement. Conditions apply, please review our Returns Policy.

Delivery records

We may record all details of and incidental to deliveries. Our records may include details of the forms of verification referred to above and taking a photograph. We will only use and disclose such records for reasonable purposes, which may include proof of delivery, administration, complying with record keeping requirements under liquor licensing laws and law enforcement.

Risk

You agree that risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).

Title and place of supply

You agree that title to the products you buy from us (and the place of our supply of those products to you) occurs at the place where we dispatch the products to your order. Immediately on us making a refund to you for any products (less any amount you have agreed we may deduct, for example under “Delivery returns/non-collection” or “Cancellations” above) you agree that title in those products shall pass back to us.

Additional information and terms

Delivery information

These terms are in addition to and do not limit additional delivery information we provide. Such information may cover matters about delivery options; delivery costs; the circumstances when we do not charge for delivery and the limits on those circumstances; locations to which we deliver and locations to which we do not deliver; unattended deliveries; deliveries to multiple addresses and delivery exclusions. Such delivery information forms part of these terms and conditions.

We may notify you of delivery conditions relating to your particular order at or before the time of processing it.

Changes to Terms and Conditions (including delivery charges)

Our terms and conditions may change or be suspended or terminated from time to time. These changes may relate, amongst other things, to our delivery charges. We will give advance notice of any such matters on our website. Continuing to use our facilities, including using or ordering from our website after the period of advance notice has expired will be deemed acceptance of the amended terms and conditions.

WEBSITE CONTENT

Content Terms

The materials (including all software) and services at this site are provided “as is” without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

Our obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.

We do not warrant the accuracy and completeness of the materials, information or services at this Site.

We may make changes to the materials and services at this site, or to the products and services described in them, at any time without notice. The materials and services at this site may be out of date, and we make no frequent commitment to update the materials and services at this site.

Information published at this site may refer to products, programs or services that are no longer available, or not available in your state or country.

DISCLAIMER

Liability Disclaimer

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and

• to a refund for the unused goods, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused goods. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or our liabilities under those provisions:

1. You acknowledge that our sites (including this website and all mobile applications) (website) are provided “as is” and that we do not make any warranty or representation as to the suitability of the Sites, anything (including content and websites) to or from which the Sites are linked or any product for any purpose;

2. The content of the Sites and all content to or from which the Sites are linked do not constitute advice and should not be relied on in making, or refraining from making, any decision;

3. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Sites, the subject matter of our agreement with you and all content to or from which the Sites are linked;

4. We will not be liable to you for indirect and consequential loss arising from or connected to our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct;

5. Risk of loss of or damage to products appropriated to your order passes on delivery of them including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf); and

6. Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, for example under the “Delivery returns/non-collection” or “Cancellations” sections in our delivery terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.

Our liability to you for loss or damage of any kind arising out of our agreement with you or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Promotions

Promotional Voucher Codes

• Promotional vouchers cannot be exchanged for cash

• Used in conjunction with one another

• Re-used on another transaction, or

• Partially used across multiple orders

REFUND POLICY

Returns

Our policy is to not accept “change of mind” returns.

Exchanges (if applicable)

We only replace products if they are found defective, faulty, or unreasonably damaged. If you believe there to be a fault with any ordered item please contact us at info@bendigomtb.com, we may then provide you with a postage label for you to send us the item for further inspection.

Items will need to be sent or dropped off to “Bendigo Mountain Bike Club Inc, P.O. Box 376 Golden Square, VIC 3555”.

Once your item is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your exchange.

There are certain situations where exchanges may not be provided:

• No legitimate defect, fault or damage has been found.

• An unacceptable amount of the product has been consumed or not returned for it to be deemed defective, damaged or faulty.

• Contact and confirmation of return has not taken place within 30 days after order delivery.

• Replacement product is not available or shipping is impracticable, in which case credit will be given equal to the value of the product.

Sale items (if applicable)

Some sales items may not be applicable for exchanges or credit.

Postage

To return your product, you should mail your product to: Bendigo Mountain Bike Club Inc, P.O. Box 376 Golden Square, VIC 3555”.

If no product defect, fault, or damage was found you may be responsible for paying for your own postage costs for returning your item.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

Donations

We ask that you carefully consider the amount you wish to donate. Bendigo Mountain Bike Club will consider all requests for refund to ensure that genuine errors are rectified as soon as possible, however, we are not obliged to provide refunds and the decision to do so will be at Bendigo Mountain Bike Club’s discretion.

A refund may be granted if:

-An error is made by the donor in making an online donation

-The donor changes their mind or the donation is no longer considered feasible

-An error is made by Bendigo Mountain Bike Club or our financial institution

We will honor all requests for refund that are made in writing within 30 days of the date the donation was made. The written refund request should include the details of the initial transaction including date, donation amount, donor’s name, tax invoice number or order number, and the nature of the error.

If a donation is refunded, the original tax receipt is no longer valid. If a donation amount is adjusted by Bendigo Mountain Bike Club, the original receipt issued will become invalid and a new receipt will be issued for the adjusted donation amount.

Refunds will be returned using the original method of payment – if the donation has been made by credit card, the refund must be credited to the same credit cardholder.

Returns

Our policy is to not accept “change of mind” returns.

PRIVACY POLICY

This Privacy Policy applies to Bendigo Mountain Bike Club Inc. and our website www.bendigomtb.com.

This Policy should be read together with our website terms and conditions governing your use of our website, and any location specific legal notice. In this Policy:

• personal information means any information about an individual from which that individual can be identified or reasonably identified. It does not include information that has been de-identified.

• Privacy Act means the Privacy Act 1988 (Cth) and includes the Australian Privacy Principle (APPSs) and applicable privacy regulations.

This Privacy set out the types of personal information that we may collect and how that personal information will be used, disclosed, and protected. This Policy also explains how you can access or amend any personal information we hold about you, and how you may make a complaint.

Collection, Use and Disclosure of Information

Types of personal information we collect

The types of information we collect from you depends on your dealings you have with us, for example:

1. when you make a purchase, subscribe to our e-news, establish or access an account, or otherwise enquire about our services, we may require you to provide us with contact information including your name, address, telephone number or email address, business name and any financial information (such as credit card details) if payment is required.

2. when you submit any personal information to us when leaving feedback, complaints or questions in relation to our services, or when you post comments or submit publicly available content on to our social media, we may keep a record of that correspondence and/or record the social media username or handle you use.

3. if you apply for a job vacancy or volunteer position with us or via any third party recruitment service we use, we will collect your CV and other application information required to allow us to assess your application and to retain for human resources purposed.

4. from your dealings with us in the normal course of business through meetings, phone calls, letters, emails, as well as via mailing lists, advertisers and commercial agreements.

Why we Collect Your Personal Information

We collect your personal information primarily for the purpose of the above interactions with you. We may also collect and use your personal information for planning and market research purposes, to innovate our delivery of products and services, to inform you about our events and promotions, and any related secondary purpose which we believe you would reasonable expect.

How we use and disclose your personal information

Any personal information that you provide to us will be used for the purpose for which you disclosed it to us. We may also use and or/disclose your personal information for other purposes which you consent to or which are required or permitted by law. This may include for a secondary purpose that is related to a purpose for which we collected it, and for which you would reasonably expect us to use or disclose your personal information.

We will not disclose personal information to any third parties except:

• where we are required or authorised to do so by law:

• to other companies or individuals who assist us in providing services or who perform functions on our behalf (such as third-party service providers, specialist consultants, hosting and data storage providers); or

• where you have consented to the disclosure.

Except as otherwise stated, we do not disclose or publish personal information collected through our website without your express consent. Access to this information is restricted to our staff and contractors who are bound to respect the privacy of this information and/or bound by confidentially obligations.

You have the right to access the personal information that we hold about you and can do this by contacting us at info@bendigomtb.com

Direct Marketing

We may use or disclose your personal information for the purpose of informing you about our services, upcoming promotions and events, or other opportunities that may interest you. If you do not want to receive these communications, you can unsubscribe from our mailing lists at any time. We include an unsubscribe facility in all emails we send you. Otherwise you can contact us at any time at info@bendigomtb.com to unsubscribe or update your preferences.

Use of Cookies

Our website uses cookies, which are pieces of information that our website transfers to your computer for record-keeping purposes and content delivery. We collect certain information such as your device type, browser type, IP address, pages you have accessed on our website and on third-party websites. You are not identifiable from such information.

We recommend that you accept cookies to take full advantage of the services this website provides. They allow us to customise information to improve user experience and for tracking using navigation. However, if you are concerned about the use of cookies, you can set your browsers to refuse cookies, or to warn you when cookies are used.

Commitment to Data Security

We will take reasonable steps to ensure that all information collected, used or disclosed is accurate, complete, up-to-date and stored in a secure environment accessed only by authorised persons. The accuracy of the personal information we receive depends on the information you provide. We recommend you let us know if there are any errors in your personal information by contacting us directly.

Unfortunately, no data transmission over the internet can be guaranteed to be secure. While we strive to protect your personal information from misuse, loss and unauthorised access, we cannot guarantee the security of any information you transmit to us or receive from our website.

We also encourage you to keep your personal information secure, by maintaining the confidentiality of any passwords and account details used on our website. It is your sole responsibility to maintain such confidentiality and we will not be liable for any damage, loss or expense suffered due to such disclosure.

We take steps to securely destroy or de-identify information that we longer require.

Links to Other Sites

We are not responsible for the privacy practices or content of any of the websites linked to our website. If you have a concern about one of those websites, you are welcome to contact us if you think we should remove our link.

Policy Changes

We may revise this Policy from time to time as we add new features or as laws change that may affect our website and our business. When we make changes to our privacy policy, they are reflected on this page. Any revised Policy will apply both to information we already have about you at the time of the change, and any personal information created or received after the change takes effect. We encourage you to refer back to this Policy regularly to review any amendments.

Contact Us

If you have any questions or suggestions regarding our Privacy Policy, please contact us: info@bendigomtb.com or via facebook private message. We take complaints and breaches of the APPs very seriously and will investigate any complaint we receive and respond as soon as reasonably practicable.