Terms of service
Overview
Welcome to FatCat Mini Bikes.
These Terms of Service (“Terms”) apply to your use of the FatCat Mini Bikes website and to products purchased from us.
The terms “FatCat”, “FatCat Mini Bikes”, “we”, “us” and “our” refer to T&M Commerce Solutions Pty Ltd trading as FatCat Mini Bikes.
Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and services to you.
By accessing our website, creating an account or placing an order with us, you agree to these Terms together with any policies referenced within them.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, including rights under the Australian Consumer Law.
1. Access and Accounts
You must be at least 18 years old to place an order with us or create a customer account.
You agree to provide accurate, current and complete information when placing an order or creating an account.
You are responsible for maintaining the confidentiality and security of your account details and for activity occurring through your account.
You must not use our website or services for any unlawful or unauthorised purpose.
2. Orders
When you place an order, you are making an offer to purchase products from us. An order is accepted once we confirm acceptance and payment has been successfully processed.
We may decline or cancel an order where reasonably necessary, including where:
- a product is unavailable
- there has been an obvious pricing or product information error
- payment cannot be processed
- we reasonably suspect fraud or unauthorised activity
- we cannot reasonably fulfil or deliver the order
If we cancel an order after payment has been processed, we will refund the amount paid for the cancelled order.
Please check your order carefully before submitting it. Once an order has been accepted, we may be unable to accommodate cancellation or amendment requests.
Your rights in relation to faulty, damaged or incorrectly supplied products are set out in our Refund & Returns Policy and under the Australian Consumer Law.
3. Products and Product Information
We make reasonable efforts to ensure product descriptions, specifications, photographs and other information displayed on our website are accurate.
Actual colours and appearance may vary depending on your device, screen settings and other factors.
Product descriptions, specifications, availability and pricing may be updated from time to time.
We may discontinue products or limit quantities where reasonably necessary.
4. Mini Bike Use and Safety
FatCat mini bikes are off-road recreational vehicles intended for riders aged 16 years and over.
Our mini bikes are not intended or approved for use on public roads unless expressly stated otherwise.
You are responsible for ensuring that your use of a FatCat complies with the laws and regulations applicable to your location and intended riding area.
FatCat mini bikes must be operated responsibly and in accordance with all safety information, instructions, warnings and recommendations supplied with the bike.
Appropriate protective equipment should be worn when riding.
To the extent permitted by law, FatCat is not responsible for injury, loss or damage resulting from:
- misuse or reckless use
- unlawful use
- use contrary to supplied instructions or warnings
- improper assembly
- unauthorised or unsafe modifications
- inadequate maintenance
- racing or competition use
- operation in circumstances for which the product was not designed or intended
Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited.
5. Assembly
FatCat mini bikes may require assembly before use.
Assembly instructions and/or supporting materials will be provided or made available.
You must read and follow the applicable assembly instructions before using the product.
Assembly should only be undertaken by a person who is suitably competent to perform the required work. If you are not confident in completing the assembly correctly, you should obtain appropriate professional assistance.
Any person undertaking assembly must be at least 18 years old.
To the extent permitted by law, FatCat is not responsible for loss, damage or injury caused or contributed to by incorrect assembly, failure to follow the supplied instructions or unauthorised modifications.
This does not limit any rights you may have under the Australian Consumer Law.
6. Prices and Payment
Unless otherwise stated, prices displayed on our Australian store are in Australian dollars and include GST where applicable.
Shipping charges and other applicable costs will be displayed or communicated before your order is completed.
Payments are processed using the payment methods made available through our online store and relevant third-party payment providers.
You agree to provide current, complete and accurate billing and payment information.
Prices, promotions and discounts may change from time to time. The price applicable to your purchase will be the price presented to you when your order is placed, subject to correction of genuine errors and applicable law.
7. Promotions and Discounts
We may offer promotions, sales or discount codes from time to time.
Unless otherwise stated in the specific promotion:
- discount codes cannot be combined with other discount codes or promotional offers
- promotional offers may be subject to commencement and expiry dates
- offers may be limited to specified products, quantities or available stock
- additional shipping charges may apply depending on delivery location
Additional terms may apply to individual promotions and will be provided with the relevant offer.
If specific promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion to the extent of the inconsistency, subject always to applicable law.
8. Shipping and Delivery
Shipping availability, costs and estimated delivery timeframes are set out in our Shipping Policy.
FatCat mini bikes are generally delivered to a nominated freight depot for collection.
In some circumstances, delivery to an approved commercial business address with suitable forklift access may be available by prior arrangement.
Delivery timeframes are estimates only and may be affected by carrier schedules, regional or remote locations, public holidays, peak periods and circumstances outside our reasonable control.
Depot Collection
You are responsible for collecting your bike from the nominated freight depot after being advised that it is ready for collection.
You must provide accurate contact and delivery information when placing your order.
If an order is not collected within the timeframe specified by the freight depot and is returned to us, you may be responsible for reasonable return freight and redelivery costs actually incurred, except where the failure to collect or additional cost was caused by us or where applicable law provides otherwise.
If incorrect information supplied by you results in redirection, return or redelivery of your order, you may be responsible for reasonable additional freight costs incurred.
Please refer to our Shipping Policy for full delivery information.
9. Returns and Refunds
We do not provide returns, refunds or exchanges simply because you change your mind.
If a product is faulty, damaged, incorrectly supplied or otherwise fails to meet applicable consumer guarantees, please contact us as soon as possible.
Your rights and the applicable claims process are explained in our Refund & Returns Policy.
Nothing in these Terms or our Refund & Returns Policy excludes, restricts or modifies your rights under the Australian Consumer Law.
10. Warranty
FatCat Mini Bikes provides a voluntary 6-month warranty against defects in materials and workmanship, subject to the conditions and exclusions set out in our Warranty Policy.
This voluntary warranty is additional to, and does not replace or restrict, your rights under the Australian Consumer Law.
Please refer to our Warranty Policy for full details.
11. Product Recalls and Safety Notices
If we issue a product recall or safety notice relating to a product you have purchased, you agree to follow any reasonable safety instructions provided and cooperate with reasonable steps necessary to carry out the recall or safety action.
Nothing in this section limits any rights or obligations arising under applicable product safety laws.
12. Intellectual Property
Our website and its content, including FatCat branding, trade marks, logos, product names, text, photographs, graphics, videos and other materials, are owned by or licensed to us and may be protected by intellectual property laws.
You may use our website for personal, non-commercial purposes.
Unless permitted by law or authorised by us in writing, you must not reproduce, distribute, modify, publish, commercially exploit or otherwise use our intellectual property without permission.
Nothing in these Terms transfers ownership of our intellectual property to you.
13. Third-Party Tools and Links
Our website may provide access to tools, payment services, content or websites operated by third parties.
Those third-party services may be subject to their own terms and privacy practices.
Where permitted by law, we are not responsible for third-party websites, services or content that we do not own or control.
You should review the relevant third-party terms before using those services.
14. Relationship With Shopify
FatCat Mini Bikes is powered by Shopify, which enables us to provide our online store and related services.
Sales made through our store are transactions directly between you and FatCat Mini Bikes.
Shopify is not the seller of FatCat products.
Your use of certain Shopify functionality may also be subject to Shopify's applicable terms and privacy practices.
15. Privacy
Our collection, use and handling of personal information is governed by our Privacy Policy.
Because our online store is powered by Shopify, certain information may also be processed by Shopify and other service providers necessary to operate our store, process payments and fulfil orders.
Please refer to our Privacy Policy for further information.
16. Feedback, Reviews and Submissions
If you voluntarily submit reviews, photographs, feedback, suggestions or other content to us, you confirm that you have the right to provide that material.
You must not submit unlawful, misleading, defamatory, infringing or malicious content.
Where you submit content for publication or promotional use, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for the operation and promotion of FatCat Mini Bikes, unless otherwise agreed with you.
17. Website Use
You must not use our website to:
- engage in unlawful activity
- interfere with the operation or security of the website
- transmit malicious software or code
- obtain unauthorised access to systems or information
- collect personal information about others unlawfully
- impersonate another person
- infringe intellectual property rights
- submit false or misleading information
- use automated systems to access or interfere with the website contrary to restrictions we reasonably implement
We may restrict access to our website where reasonably necessary to protect our systems, customers or business or where these Terms have been materially breached.
18. Errors and Inaccuracies
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, specifications, pricing, promotions, availability, shipping charges or transit times.
We may correct genuine errors and update inaccurate information.
If an error materially affects an order you have already placed, we will contact you where reasonably practicable and deal with the order in accordance with applicable law.
19. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy provided by the Competition and Consumer Act 2010 (Cth), Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
Consumer guarantees apply automatically and cannot be removed by a business's terms and conditions.
Where there is an inconsistency between these Terms and a right you have under applicable law that cannot be excluded or modified, the applicable law will prevail.
20. Limitation of Liability
To the extent permitted by law, we are not liable for indirect or consequential loss arising from your use of our website or products where that loss was not reasonably foreseeable or was caused by circumstances outside our reasonable control.
We are not responsible for loss, damage or injury to the extent it is caused or contributed to by your:
- misuse of a product
- unlawful use
- failure to follow supplied safety or assembly instructions
- improper assembly
- unauthorised modification
- failure to properly maintain a product
Nothing in these Terms excludes, restricts or modifies liability, consumer guarantees or other rights that cannot lawfully be excluded, restricted or modified.
21. Indemnity
To the extent permitted by law, you are responsible for loss reasonably suffered by us as a direct result of your unlawful use of our website or products or your material breach of these Terms.
This does not apply to the extent that the loss was caused or contributed to by FatCat Mini Bikes and does not limit any rights or remedies that cannot lawfully be excluded.
22. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be severed or limited to the minimum extent necessary without affecting the validity of the remaining provisions.
23. Changes to These Terms
We may update these Terms from time to time.
The current version will be published on our website.
Where required by applicable law, we will provide notice of material changes.
Changes will not retrospectively remove rights or remedies that have already arisen under an existing transaction.
24. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
You and FatCat Mini Bikes submit to the jurisdiction of the courts and tribunals of New South Wales and any courts entitled to hear appeals from them, subject to any rights you may have under applicable law to bring proceedings elsewhere.
25. Contact Information
Questions about these Terms can be sent to:
T&M Commerce Solutions Pty Ltd
trading as FatCat Mini Bikes
ABN: 76 687 072 984
26/8 Mussel Court
Huskisson NSW 2540
Australia
Phone: 0422 440 321
Email: fun@fatcatbikes.com.au