General Terms and Conditions
XK Consulting ABN 40607059316 trading as Cycling Couture (“Cycling Couture”, “We”, “Our”, “Us”) is the owner of the Cycling Couture Website (“website”, “site”, “store”).
Please read these terms and condition carefully.
Cycling Couture reserves the right to make changes to this website and these terms and conditions at any time.
The use of this website is governed by the terms and conditions specified on this website. By using the website, you are accepting these terms and conditions. Your submission of an order to Cycling Couture indicates the acceptance of these terms and conditions.
These terms and conditions shall supersede any subsequent terms and conditions included in any purchase order, whether or not such terms and conditions are signed by Cycling Couture.
Taking your Order and Acceptance
All orders on the website are subject to stock availability. Any or all items added to your basket on the website will not be reserved for you, and are available for sale to other customers who are browsing the online store at the same time. Stock will only be reserved only once you have placed your order on the website. Stock levels displayed to you are accurate at the last known update. Stock availability is subject to change.
If we are unable to fulfil your order, we will contact you as soon as possible.
Your electronic receipt or order confirmation does not signify our acceptance of your order or any confirmation of our offer to sell. We will check all the information you give us for validity, by verifying your method of payment, billing and shipping details prior to fulfilling the order.
Cycling Couture reserves the right at any time after receipt of your order to accept or decline your order for any reason. Cycling Couture reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Your credit card/debit card or PayPal account will be refunded in the event that your order is not accepted.
You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and consent to these requirements.
Payment for an Order is made online through the website (Online Payment).
Cycling Couture uses a combination of eWAY (http://www.eway.com.au/) , Stripe (http://www.stripe.com/) or PayPal to provide the payment services for the Website.
We accept Online Payment via eWAY or Stripe using VISA, MasterCard or Paypal.
The credit card holder must be either the billing or shipping recipient.
When you pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.
If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order.
You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
We will provide you with a receipt at time of confirmation of the Order (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order.
International Orders may attract additional Charges
Some international orders may incur a customs or import duty charge. Cycling Couture does not have any control over these charges nor are we able to advise what these charges will be. The charges, if applicable, are based on your own countries regulations and compliances. For more information please contact your local customs office. Any charges incurred are to be paid by the customer on delivery of the order.
You will need to register to be able to access some services on the website. You may register directly by creating an account or via your social medial accounts, namely Google, Facebook or Instagram. When you register your details online, it is your responsibility to ensure that the information provided is accurate and up to date. You are also responsible for maintaining your personal information via your online account as well as for keeping your password secret. When registering with your social media account you are agreeing to provide Cycling Couture access to basic information such as email address, account name, and first and last name.
Your Delivery Address
Please ensure you enter the correct delivery address. Cycling Couture will not be responsible for incorrectly entered delivery addresses.
The delivery times provided by Cycling Couture are our best estimates only. Cycling Couture will not be held accountable for late deliveries.
Partially fulfilled deliveries may be made at the discretion of Cycling Couture when stock is not.
For Orders delivered to you using one of our third party couriers, then:
(a) title to the products in your Order passes to you upon delivery; and
(b) all risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises.
Your delivery acceptance of the Order
The buyer is responsible for inspecting the goods for fault. If there is any fault the buy must notify Cycling Couture within one (1) week of receiving the goods.
Change to Products and Pricing
We may modify prices and products at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
All updates and modifications to the Website including any changes to the Content, E-Boutique, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website
Cycling Couture reserves the right to revoke any stated offer and correct any pricing errors including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. Our base website currency is in Australian Dollars (AUD). Non-Australian currency figures are approximations based on an exchange rate.
Refunds and Returns
Cycling Couture will happily exchange or provide a refund. Please refer to our Returns Policy for details. The item must be return in its original packaging, in its original condition and with the all the original tags still attached. The item must not have been washed, nor can the item be used for any purpose other than to try the item for size and fit.
Australian Returns and Exchanges must be made within 14 days from the date of purchase. International Returns and Exchanges must be made within 28 days from the date of purchase.
We recommend sending returns via registered post as we do not accept responsibility for lost items.
You need to have contacted Cycling Couture via the contact details on the website, to authorise your return or exchange.
Please note: Items can only be exchanged in the same style, for a different colour or size. Items cannot be exchanged for other products.
Your rights under the Australian Consumer Law exist in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
If a the product has a major or serious problem, you are entitled to choose a refund, or exchange. A product has a major problem when:
(i) a reasonable consumer would not have bought the goods if they had known about the problem;
(ii) the goods are significantly different from the description, sample or demonstration model shown;
(iii) the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
(iv) the item is unsafe
If a product has a minor problem, please contact the Cycling Couture where we may refund or replace the item, or repair the item within a reasonable time. Please keep your proof of purchase.
Cycling Couture will refund the postage costs for any product deemed faulty, provided you authorise your return with the Cycling Couture.
If you notify Cycling Couture prior to the goods being dispatched, Cycling Couture may be able to accommodate for order cancellations. If items have been shipped Cycling Couture reserves the right to charge a cancellation fee, should we be able to request the return of the package from our delivery service.
Any personal information submitted by you (whether personal information of you or another person from who you have the necessary consents to provide that personal information) to Cycling Couture will be used for the purposes contemplated by these Terms, including but not limited to:
(a) processing your payments for purchasing any products;
(b) providing you with goods and services you have purchased;
(c) providing direct marketing communications to you when you sign up to receive email updates from Cycling Couture
If you are submitting to the Website, including in the course of making any Order, the personal information of any other person, you warrant that the person is aware of and has consented to the use of their personal information in accordance with these Terms.
We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on this website are correct and up-to-date at the time of publication. Cycling Couture does not represent or warrant the accuracy or completeness of the Content and is not for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, Cycling Couture reserves the right to refuse or cancel any orders placed for the listed product at the incorrect price. Cycling Couture reserves the right to refuse or cancel such orders whether or not the order has been confirmed and your credit card or PayPal charged. If your credit card or PayPal account has already been charged for the purchase and your order is cancelled, Cycling Couture shall immediately issue a credit to your credit card or PayPal account in the amount of the charge
Certain laws, including the Competition and Consumer Act 2010 (Cth), can imply warranties or conditions, or impose obligations on Cycling Couture that we exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Where these laws apply, to the extent to which Cycling Couture is able to do so, our liability will be limited to the resupplying of the Content.
Copyrights and Trademarks
This website is owned and operated by XK Consulting Pty Ltd trading as Cycling Couture. Unless otherwise specified, all materials appearing on this website, including text, ideas, posts, reviews, web design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Cycling Couture. All software used on the website is the sole property of Cycling Couture or those supplying the software. You may use the content of this website only for the purpose of shopping on this website or placing an order on this website and for no other purpose. No materials from this website may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any forms or by any means without express permission from Cycling Couture. All rights expressly granted herein are reserved. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws could result in criminal or civil penalties.
Intellectual Property in Designs
This Website contains graphics and other visual representations of products protected by copyright and/or the Designs Act 2003 (Cth) and equivalent laws in other jurisdictions. Cycling Couture takes active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws.
Making electronic, or other, copies of products displayed on this Website with the intent of reproducing them in whole or in part is strictly prohibited.
Website links and 3rd Party applications
This website may contain links to other websites or applications that are not owned or operated by Cycling Couture. You acknowledge that Cycling Couture is not responsible for the operation of or content located on or through any such website.
By using this website, you agree that the use of this website is at your sole risk. Cycling Couture is not liable for any losses or damages caused by this website or any website linked to or from this website.
You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
(a) download (other than page caching) or modify the Website or any portion of the Website;
(b) impersonate or falsely claim to represent a person or organisation;
(c) are commercial, including selling, marketing, advertising or promoting goods or services;
(d) frame the Website without Cycling Couture’s express written permission;
(e) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
(f) post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.
You will fully indemnify CYCLING COUTURE in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the Website or the CYCLING COUTURE Content; or
(c) your communications with CYCLING COUTURE.
Termination of your access to the Website
Cycling Couture may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
Applicable law and international use
By accessing the Website you accept that any disputes about this Website or its Content are to be determined by the courts having jurisdiction in the State of Victoria, Australia, according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.
As this site can be accessed throughout Australia and overseas, Cycling Couture does not represent that the Content complies with the laws of any country outside Australia or that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia.
You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
If you have questions about the Website or these Terms, please contact us by clicking on the ” Contact Us” button at the footer of any page on the Website, and following the instructions from there.