Effective Date: 4th Oct 2023

These terms and conditions ("Agreement") govern your use of our online e-bike store, our products, and services provided by MiBike Australia Pty Ltd.("we," "us," or "our"). By accessing or using our website or services, you agree to be bound by this Agreement and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our website. 

1. Use of the Website

1.1 Our website is intended for individuals aged 18 years or older. By using our website, you represent and warrant that you are at least 18 years of age. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our website for personal and non-commercial purposes.

2. Products and Services

2.1 We offer e-bikes and related accessories for sale on our website. Prices (quotations) qualify only as an invitation to buy and are subject to change without notice.

2.2 Customers agree to check and adhere to all applicable laws and regulations relating to Electric Bikes in the country, state, and region they are using their Electric Bike.. The rider is solely responsible for their actions while using MiBike products, and must not engage in any illegal, dangerous, or unauthorized activities. MiBike bears no responsibility or liability for the actions of users of our products. 

2.3 We reserve the right to modify, suspend, or discontinue any product or service without notice.

2.4 While we strive to ensure accurate product descriptions, pricing, and availability, we do not guarantee such information's accuracy, completeness, reliability, currency, or error-free nature.

3. Payment and Delivery

3.1 Orders placed with MiBike constitute an offer to purchase specified goods. We will dispatch goods from multiple orders in a single shipment whenever possible.

3.2 After acceptance of an Order, MiBike shall at all times be entitled, with or without cause, to cancel such Order prior to delivery without liability and without stating its reasons, in which case MiBike shall not be obliged to refund or pay any more than the advance payments already made by Client, if any.

3.3 MiBike shall observe due care in informing the Client of the figures, measurements, weights, features, other information applicable to the Product(s), but cannot warrant that these shall be free of deviations.

3.4 The delivery period indicated by MiBike shall be based on the circumstances applicable to MiBike at the time the Agreement is entered into and, to the extent dependent on performance by third parties, on the information those third parties provided to MiBike. All delivery dates are estimates only.

3.5 Authority to Leave Deliveries: If you select this option at checkout, you accept all liability for the parcel being lost or stolen, as your parcel will no longer require a signature.

3.6 Our delivery partners will leave the item only if it is deemed safe to do so.

3.7 In rare cases, we may need to charge additional delivery fees when our regular door-to-door courier service is not possible. In such cases, you will be contacted with the option to pay for the additional freight via an invoice. If you decline the additional charge, we will cancel the Order and refund all funds to your original purchase method.

3.8 We accept payment via credit card, debit card, and PayPal. Payment is required at the time of purchase. We may decline payment if irregularities are detected by our fraud detection systems, if your financial institution denies payment, or if your payment card has expired. In such cases, we reserve the right to cancel your Order or request additional information for card verification. While we make every effort to ensure prompt delivery, we do not guarantee specific delivery timeframes.

3.9 The Customer shall have no right of set-off or retention, except to the extent MiBike has agreed to this in writing.

4. Currency

4.1 All prices on our website are listed in Australian dollars (AUD).

4.2 If you purchase from outside Australia or use another currency, your bank or financial institution may impose currency conversion fees or other charges. We are not responsible for any such fees or charges and recommend checking with your bank or financial institution before purchasing.

4.3 Our prices include statutory VAT (GST) and any other sales tax (if applicable). Shipping costs may apply separately, as included in the Order. Customs duties and similar public charges may apply and shall be borne by the Customer.

5. Insurance and Passing of Risk
5.1 MiBike bears no responsibility or liability for the inherent risks of cycling in any form, or the improper use and/or assembly of our products.

5.2 The passing of risk of the Product(s) shall be as follows:

5.2.1 MiBike shall bear the transport risk in case the Client is a Consumer. If the Client is a Consumer, the risk of accidental destruction, damage, or loss of the delivered Product shall pass to the Consumer upon delivery of the Product to the Consumer or upon the Consumer's default of acceptance. In all other cases, such risk shall pass to the Client upon delivery of the Product(s) by us to the carrier.

5.2.2 The Client shall be obliged to carefully inspect the assembled Product(s) before accepting the Product(s), after which such risk shall pass to the Client.

5.2.3 If the Client fails to collect the Product(s) it has ordered or fails to do so within a reasonable period (as decided by MiBike), it shall be in default without requiring a written notice of default.

6. Cancellation of Orders

6.1 You may cancel your Order before shipment for a full refund. If you wish to cancel an order after it has been shipped, you may do so within 14 days of receipt, but you will be responsible for return shipping costs and a restocking fee. Refunds for cancelled orders will be processed within 10 business days of receiving the returned Product.

6.2 MiBike reserves the right to refuse or cancel orders under the following circumstances:

• Technical errors affecting the goods ordered. 
  
• Inability of our regular delivery partner to deliver to your address. 
• Inability of a supplier to fulfill the Order. 
• Lack of correspondence from you regarding an issue with your Order.

7. Bike Condition

7.1 Please note that e-bike condition is affected by wear and tear, previous use, and exposure to the elements. While we strive to convey product condition accurately, we cannot guarantee perfection. You are responsible for inspecting the Product upon receipt and reporting any issues to us within 14 days of delivery. Failure to report issues within this timeframe implies acceptance of the Product in its current condition.

7.2 If you return the goods for an exchange or refund, MiBike will assess the goods for signs of damage. MiBike will notify you of the outcome within 5 business days of receiving the returned Product. Please note that if the goods are damaged due to improper use, policy abuse, or incorrect assembly, you will not be eligible for a refund or exchange. You are responsible for ensuring that the Product is used correctly and maintained per the manufacturer's instructions.

8. Returns and Refunds

8.1 You may request a return and refund for faulty products within  days of receipt. To initiate a return, please get in touch with our customer support team at support@mibike.net. Returned products must include original packaging, and record of purchase.

8.2 We reserve the right to charge a restocking fee for returned products, which will be deducted from the refund amount. Return shipping costs will be your responsibility unless the return is due to a product defect or an error on our part.

8.3 Refunds for eligible returns will be processed within 10 business days of receiving the returned Product. The refund will be issued to your original payment method unless otherwise agreed upon.

9. Warranty Information

9.1 Some products may come with a manufacturer's warranty. Any warranty provided by the manufacturer will be included with the Product and will outline the terms, duration, and coverage of the warranty. Please refer to the specific warranty documentation for more details.

10. Privacy Policy

10.1 Our website's privacy policy governs the collection, use, storage, and disclosure of personal information provided by users. By using our website, you agree to our privacy policy. For more information, please refer to our Privacy Policy at https://www.adoebike.au/policies/privacy-policy.

11. Intellectual Property

11.1 All content, including text, images, logos, and trademarks, displayed on the website is the property of MiBike or its licensors and is protected by applicable copyright and trademark laws. You are prohibited from using, reproducing, modifying, or distributing any of the website's content without our prior written consent.

12. User Responsibilities

12.1 You agree to adhere to all applicable laws and regulations by using our website and services. You are solely responsible for your actions while using the website, and you must not engage in any illegal, fraudulent, or unauthorized activities.

12.2 You must not use our website in a manner that could damage, disable, overburden, or impair the website's functionality or interfere with other users' access to the website.

13. Limitation of Liability

13.1 To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from or related to the use of our website, services, or products, including but not limited to loss of profits, goodwill, use, data, or other intangible losses.

13.2 In no event shall our total liability to you for all claims arising out of or in connection with this Agreement exceed the amount paid by you, if any, for the specific Product or service giving rise to the claim.

13.3 If MiBike involves a third party, we shall not accept any liability whatsoever for a failure to perform on the part of such third party. If the Client brings legal action directly against a third party, the Client shall indemnify MiBike against any claims by such third party in connection with such claim and against all expenses to be incurred by MiBike.

14. Governing Law

14.1 This Agreement shall be governed by and construed in accordance with the laws of Australia, without regard to conflicts of law principles. Any legal action or proceeding arising under this Agreement shall be exclusively brought before Australia's federal or state courts.

15. Amendments

15.1 We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. In the event of a material revision, we will provide at least 14 days' notice before the new terms take effect. The determination of what constitutes a material change will be at our sole discretion.

16. Severability

16.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intent of the original provision.

17. Contact Us

17.1 If you have any questions or inquiries regarding this Agreement, please get in touch with us at support@mibike.net. We will be glad to assist you.