GOLDCROSS CYCLES ONLINE STORE

TERMS AND CONDITIONS

Disclaimer

The information contained in this website is believed to be accurate and current. However, it is provided in good faith on an "as is" basis. No representation or warranty as to the reliability, accuracy or completeness of the information contained on this website is made by GOLDCROSS CYCLES  or directors, officers or employees. In addition to this they do not accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information in this website. Illustrations, photos and packaging are only a representation of the products advertised, variations may occur from store to store. All products were available at time of publication, GOLDCROSS CYCLES will not be responsible for the lack of stock due to supplier problems. GOLDCROSS CYCLES reserves the right to limit purchases to normal retail quantities.

Links
Websites linked to this one are not maintained, controlled or associated with GOLDCROSS CYCLES. GOLDCROSS CYCLES will not make any endorsements, or representation as to the accuracy of information contained within those websites.

Copyright
GOLDCROSS CYCLES owns the copyright to the content of this website or is licensed by the copyright owner to use the content on the website. No part of the website may be reproduced, adapted performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the prior written consent of GOLDCROSS CYCLES.

Viruses
GOLDCROSS CYCLES does not claim that any information (including any files) obtained from or through this website is free from viruses or other faults or defects. You are responsible for scanning any information for viruses. GOLDCROSS CYCLES accepts no responsibility to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information. If GOLDCROSS CYCLES is found to be liable this will be limited to the cost of supplying the information again.

Acceptance
GOLDCROSS CYCLES operates an online shopping website.. To make use of this website you are required to accept and comply by the Terms and Conditions set out below. These include terms, conditions, notices and disclaimers. You should read these before making use of the website. Your use of the website indicates your agreement to the following Terms and Conditions.

GOLDCROSS CYCLES can at any time make changes to the Terms and Conditions without notice to you. If using this website following a change you are agreeing to the amended Terms and Conditions. If you do not wish to be bound by a change you should discontinue use of the website.

Becoming a member and E-newsletter Signup
When you become a member, enter a competition and/or signup to the e-newsletter GOLDCROSS CYCLES collects a certain amount of personal information. This personal information may be used by GOLDCROSS CYCLES for future marketing, promotional, research, product development and planning purposes in any form of media (including without limitation to communications made via ‘electronic messages’ as defined in the Spam Act 2003).

ONLINE SHOPPING

Orders
Any order placed with GOLDCROSS CYCLES using the online store website is an offer by you to purchase a particular product for the specified price (including the delivery, tax and other charges) at the time of the order and under these Terms and Conditions. GOLDCROSS CYCLES retains the right to reject your offer of purchase for any reason. These may include but will not be limited to the unavailability of any product, and error in your order, or an error in the product description or price posted on the website. GOLDCROSS CYCLES will confirm your order within 2 business days of your order request.

Prices
The prices of products, services and delivery and other charges displayed on the online store, and the website are current at the time of issue, however, GOLDCROSS CYCLES reserves the right to change prices at any time. All Prices are in Australian Dollars (AUD).

Warranty
All products are covered by statutory warranties, namely we warrant the products we sell to you are free from defects in workmanship and materials; of merchantable quality;  fit for the purpose for which they were made and will match the description contained in our online catalogue or any sample provided  to you.  All products will meet these statutory requirements for at least three months from the date of purchase unless the product is covered by an existing warranty.

Statutory and extended warranties (if applicable) will not apply where you have caused the products to become damaged.

Examples of occasions where the warranties and additional promises (if applicable) will not apply are:

1. 1. where you have  mistreated or abused the products (whether intentionally or unintentionally); or
2. 2. damaged the products as a result of using them in a way they were not intended to be used.

We recommend that you refer to the online catalogue and packaging instructions for further information about the intended purpose for which a product was made.

Electronic equipment and mechanical items which are required to be installed should be done by a professional installer – we will not be liable for any damage caused to the products or other components which arise from improper installation.

We reserve the right to test or assess any product returned to us in order to determine whether a breach of warranty has occurred.

Delivery
Please allow at least ten (10) working days for delivery from receipt of "Sent Order" email.  Delivery time is subject to stock availability, this period may be extended by up to 30 days.

Freight

Freight will be charged at a flat rate of $7.00 per order.

Freight charges are payable in addition to the product price.  A number of different delivery methods may be used depending on the type of order.

If the delivery is by courier, products will not be delivered to an unattended address.  The courier requires a  signature from an occupant at the specified delivery address. Therefore, we recommend a work address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest Courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery. Freight includes insurance and packaging.

This website (Goldcross.com.au) currently ships orders to Australian addresses only. We calculate freight based on the order value of your cart. GST is included in freight charges.

Returning a Product for a Refund
We will only give you a refund if we have breached a statutory warranty or some other promise we have made to you. If you are entitled to a refund, you must return the relevant product to us in exchange for that refund. If preferred, we will replace the product returned (subject to availability) or grant you a credit.

You must return the relevant product as soon as reasonably possible after the purchase date.

The product must be returned to us undamaged (except for of any fault or defect you have identified in respect of the product not caused by you or damage that has resulted because of a  breach of any  warranty or promise we have made).

Product returns can be to your local Goldcross Cycles store (view store locator on the website), or it you are returning a product by mail or courier, it must be carefully packed and you must pay the postage or freight charges. You are responsible for loss or damage to products in transit, so we recommend that you take appropriate insurance.

So we can complete your return as quickly as possible, we ask that you...

• Except for damage or defects that have arisen because of a breach of warranties or other promises we made to you, return the product to us in the same condition, so far as reasonably possible, as it was purchased (including manuals, accessories and packaging)
• Provide us any extra information we may need to process your return.
• Where possible, if damage or defects that have arisen because of a breach of warranties or other promises we have made to you are apparent without opening the packaging, do not open the product if it is in a sealed package.
• Provide us with proof of purchase in the manner set out below:

Where you have retained your receipt*

• Provide us with the receipt together with your name, telephone number and signature.

Where you have not retained your receipt *

• If you don’t have a receipt, photo identification showing your name, your address, telephone number and signature will be required.
• You can help us determine proof of purchase by providing such things as Bank Statement, credit card statement or similar.

Where we are giving you a refund, we will credit you with your original method of payment. Purchases made on a debit/credit card will be credited back to the original card used. Purchases made by cheque will be refunded by cheque. Cheque processing can take between seven to fourteen working days, and your refund cheque will be posted to you.

Exclusions
Refer to our warranty conditions set out above. You are not entitled to a refund, replacement product or credit in respect of damaged products in circumstances where the statutory warranties and additional promises we have made (if any) do not apply i.e. because your acts or omissions caused the product to become damaged.

You are also not entitled to return a product for a refund, replacement product or credit in the following circumstances:-

• The applicable warranty period has expired;
• You change your mind;
• you buy the wrong product for your intended purpose;
• you discover you could have bought the product cheaper elsewhere;

Special Orders Purchases

• Are considered as non stock items that have been specifically ordered in for you.
• Special Orders purchases that are being returned for an exchange or refund will incur a $10.00 fee in addition to any applicable conditions outlined in "Returning a Product for a Refund", excluding where goods:

• are faulty
• are wrongly described
• are different from a sample shown to you
• do not perform as described

.

CD’s and DVD’s

• We can not give you an exchange or refund if the security seal has been torn or removed, unless other statutory warranties apply.**

Repairs under Manufacturer’s Warranties

There may be circumstances where you have a problem with a product however it does not amount to a breach of a statutory warranty provided by us i.e. you are not entitled to a refund from us. In those circumstances, however, the product may have come with a warranty from the manufacturer.

Where your purchase of the product has been sold with a warranty from the product manufacturer, the warranty will typically grant you a right to have the product repaired (rather than entitle you to a refund) if defects arise falling within the scope of the warranty.

Some Manufacturers use external Service Agents to repair faulty or damaged products. Where applicable, the item will need to be sent away for repair. Please see your nearest store for manufacturer’s contact details.

We recommend you firstly phone the relevant manufacturer if you experience any difficulties operating a product.

As outlined above please, see your nearest store for an exchange, credit, refund or repair.

Capacity
Use of this website is restricted to those aged over 18 and those able to enter into a legally binding contract.

GST
The prices displayed on this website include 10% Goods and Services Tax (GST). The SUPERCHEAP AUTO website has been intended for use by Australian residents only.

Limitation of liability
Any direct, indirect, incidental, special or consequential damages as a result of use or misuse of the website will not be the responsibility of GOLDCROSS CYCLES.. GOLDCROSS CYCLES will also not be liable for the costs resulting in further purchases as a result of the initial purchase, the cost of obtaining substitute products. In addition to these, messages received, transactions entered into through the website or as a result of unauthorized access to your information contained on this website will be in no way the responsibility of GOLDCROSS CYCLES.

Where an Act of Parliament suggests any term, condition or warranty in the Terms and Conditions and does not allow for provisions in a contract for exclusion of liability, the liability of GOLDCROSS CYCLES will be limited. If the breach relates to a good purchased GOLDCROSS CYCLES may choose to replace the goods or supply the equivalent goods, repair the goods, pay the cost of replacing the goods or of acquiring equivalent goods or payment of the repair costs for the goods. If the breach relates to services provides GOLDCROSS CYCLES may choose to supply the services again or pay the cost of having the service supplied again.

Notices and Terms

In consideration of you viewing this website, you acknowledge and agree that:

1.               Goldcross Cycles and/or Jones and Bartlett Publishers LLC (or their related bodies corporate) (jointly and severally referred to as the “Proprietor”) does not provide any warranty or representation as to the completeness or accuracy of the information contained in this website;

2.              The Proprietor is not responsible for and will not accept any direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees; (all jointly and severally referred to as “Liabilities”) that is or may be incurred or suffered by you as a result of you carrying out the activities shown in this website; or any possible error, misrepresentation and/or omission that is, was, or may be contained in this website from time to time;

3.              You will indemnify and keep the Proprietor indemnified against any and all Liabilities which the Proprietor suffers, pays, incurs or is liable for of and incidental to any failure by you to comply with the above terms.