Terms and Conditions

1. Definitions

1.1 “Supplier” shall mean GreenEDGE Cycling Pty Ltd (ABN 38 146 552 810) and/or their Corporate Distribution Partner, Coast RV Pty Ltd (ACN 101 461 330) trading as Coast to Coast Cycling (ABN 49 097 104 492).

1.2 “Member” shall mean the Member (or any person acting on behalf of and with the authority of the Member) as described on any form as provided by the Supplier to the Member.

1.3 “Merchandise” shall mean all Merchandise and Services supplied by the Supplier to the Member and are as described on the invoices or any other forms as provided by the Supplier to the Member.

1.4 “Price” shall mean the Price payable for the Merchandise as agreed between the Supplier and the Member in accordance with clause 4 of these Terms and Conditions.

1.5 “Website” shall mean the internet web sites www.greenedgecycling.com and www.greenedgemembers.com.

2. The Competition and Consumer Act 2010 (“CCA”) and the Fair Trading Act (“FTA”)

2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.

2.2 Where the Member buys Merchandise as a consumer these Terms and Conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

3. Orders and Acceptance

3.1 Any instructions received by the Supplier from the Member for the supply of Merchandise and/or the Member’s acceptance of Merchandise supplied by the Supplier shall constitute acceptance of the Terms and Conditions contained herein.

3.2 Upon acceptance of these Terms and Conditions by the Member the Terms and Conditions are binding and can only be amended with the written consent of the Supplier.

3.3 It is the Member’s responsibility to check that all details and aspects of the order are correct and suitable for the requirements of the Member.

3.4 The quantity, quality and description of the Merchandise shall be those set out in the description of the Merchandise either on the Supplier’s Website or in the Supplier’s current sales literature from time to time.

3.5 Every effort is made to ensure that the Merchandise which is to be supplied corresponds as closely as possible to that displayed in the Supplier’s sales literature or on the Website. The Member acknowledges however that the Merchandise may not be exactly the same as that description.

4. Price and Payment

4.1 All prices in the shopping areas are in Australian dollars (AU$). Every effort is made to ensure that the prices shown in all the Supplier’s sales literature and on the Supplier’s website are correct at the time of publication. Any typographical, clerical or other error or omission in any sales literature or other document or information issued by the Supplier shall be corrected by the Supplier as soon as practicable once it has become aware of the error or omission but the Supplier shall not be liable for any loss or damage arising out of such error or omission.

4.2 Special Offers. We reserve the right to end any offer at any time including prior to the published date. Special offers are not valid in conjunction with any other offer.

4.3 The price payable under 4.1 above is inclusive of any applicable GST.

4.4 Where the Supplier agrees to deliver the Merchandise, at the Supplier’s sole discretion the costs of delivery are in addition to the Price.

4.5 The Supplier uses the secure Payway solution from Westpac Banking Corporation to process online orders. Members can see their cards being authorized and debited in real time, all in a SSL secure environment.

5. Delivery of Merchandise

5.1 At the Supplier’s sole discretion delivery of the Merchandise shall take place when the Member takes possession of the Merchandise at the Member’s nominated address (in the event that the Merchandise is delivered by the Supplier or the Supplier’s nominated carrier).

5.2 The Member shall make all arrangements necessary to take delivery of the Merchandise whenever they are tendered for delivery. In the event that the Member is unable to take delivery of the Merchandise as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery.

5.3 Delivery of the Merchandise to a third party nominated by the Member is deemed to be delivery to the Member for the purposes of these Terms and Conditions.

5.4 The Supplier may deliver the Merchandise by separate installments. If part of the Merchandise ordered is unavailable, the Supplier shall contact the Member in order to confirm whether or not the Member would like to proceed to purchase that part of the Merchandise that is available.

5.5 The failure of the Supplier to deliver shall not entitle either party to treat these Terms and Conditions as repudiated.

5.6 The Supplier shall not be liable for any loss or damage whatsoever due to failure by the Supplier to deliver the Merchandise (or any portion of it) promptly or at all where due to circumstances beyond the control of the Supplier.

5.7 Any dates quoted for delivery of the Merchandise are estimates only and the Supplier shall not be liable for any delay in delivery of the Merchandise howsoever caused.

6. Risk

6.1 All risk for the Merchandise passes to the Member on delivery.

6.2 Where the Member expressly requests the Supplier to leave Merchandise outside the Member’s premises for collection or to deliver the Merchandise to an unattended location then such Merchandise shall be left at the Member’s sole risk and it shall be the Member’s responsibility to ensure the Merchandise is insured adequately or at all.

7. Title

7.1 The Supplier and the Member agree that ownership of the Merchandise shall not pass until the Member has paid the Supplier all amounts owing for the particular Merchandise.

7.2 Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Supplier’s ownership or rights in respect of the Merchandise shall continue.

8. Defects, Errors or Omissions Upon Delivery, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

8.1 The Member must inspect the external integrity of the Merchandise upon receipt before signing for the delivery; any damage must be noted on the delivery consignment note provided by the carrier. The Member shall inform the Supplier of any external damage within one (1) business day.

8.2 The Member shall notify the Supplier within three (3) business days of delivery of any shortage of quantity.

8.3 The Member shall notify the Supplier within fourteen (14) days of any other alleged defect, damage or failure to comply with the Merchandise description. The Member shall then afford the Supplier or an agent of the Supplier's choice an opportunity to inspect the Merchandise within a reasonable time of notification of the alleged defect.

8.4 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these Terms and Conditions (Non-Excluded Guarantees).

8.5 The Supplier acknowledges that nothing in these Terms and Conditions purports to modify or exclude the Non- Excluded Guarantees.

8.6 Except as expressly set out in these Terms and Conditions or in respect of the Non-Excluded Guarantees, the Supplier makes no warranties or other representations under these Terms and Conditions including but not limited to the quality or suitability of the Merchandise. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by law.

8.7 If the Member is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 2.

8.8 If the Supplier is required to replace the Merchandise under this clause or the CCA, but is unable to do so, the Supplier may refund any money the Member has paid for the Merchandise.

8.9 If the Member is not a consumer within the meaning of the CCA, the Supplier’s liability for any defect or damage in the Merchandise is:

(a) limited to the value of any express warranty or warranty card provided to the Member by the Supplier at the Supplier’s sole discretion;
(b) limited to any warranty to which the Supplier is entitled, if the Supplier did not manufacture the Merchandise;
(c) otherwise negated absolutely.

8.10 Subject to this clause 8, returns will only be accepted provided that:
(a) the Member has complied with the provisions of clause 8.1; and
(b) the Supplier has agreed that the Merchandise is defective; and
(c) the Merchandise is returned at the Member’s cost (if that cost is not significant) within seven (7) days of the issue date of the Return Authorisation; and
(d) the Merchandise is returned in as close a condition to that in which it was delivered as is possible.

8.11 Notwithstanding clauses 8.1 to 8.10 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the Member failing to properly maintain or store any Merchandise;
(b) the Member using the Merchandise for any purpose other than that for which it was designed;
(c) the Member continuing the use of the Merchandise after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Member failing to follow any instructions or guidelines provided by the Supplier;
(e) fair wear and tear, any accident, or act of God.

8.12 The Supplier may (at their sole discretion) accept the return of Merchandise incorrectly ordered by the Member within fourteen (14) days of delivery but this may incur a restocking fee of twenty percent (20%) of the value of the returned Merchandise plus any freight costs.

8.13 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.

9. Intellectual Property

9.1 Trademarks belonging to the Supplier shall always remain the Supplier’s property and prior written approval from the Supplier is required at all times if the Member wishes to use any Supplier trademark/s.

9.2 The copyright and other intellectual property rights in the material contained on the Website are protected by the Supplier.

10. Cancellation

10.1 The Supplier may cancel any transaction to which these Terms and Conditions apply or cancel delivery of Merchandise at any time before the Merchandise is delivered by giving written notice to the Member. On giving such notice the Supplier shall repay to the Member any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.

10.2 In the event that the Member cancels delivery of the Merchandise the Member shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation.

11. General

11.1 If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

11.2 These Terms and Conditions and any transaction to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.

11.3 The Supplier shall be under no liability whatsoever to the Member for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Member arising out of a breach by the Supplier of these Terms and Conditions.

11.4 The Member agrees that the Supplier may review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which the Supplier publishes the new Terms and Conditions on the web site.

11.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

11.6 The failure by the Supplier to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.

11.7 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

12. Use of the Website by the Member

12.1 The Member’s right to use the Website is personal to the Member. The Member may not authorise others to use the Website, and the Member is responsible for all of their own use of the Website.

12.2 The Member may not download, modify, transmit, or otherwise use any material from the Website for public or commercial purposes.

12.3 The Website’s content, information and advice is free of charge (unless otherwise stipulated). However the Member is responsible for his or her own network and connection charges.

12.4 Other than connecting to the Supplier’s servers by HTTP requests using a web browser, the Member may not attempt to gain access to the Supplier’s servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise. 12.5 The Member agree not to disrupt, modify or interfere with the Website or its associated software, hardware and servers in any way and agrees not to impede or interfere with others' use of the Website. The Member further agrees not to alter or tamper with any information or materials on, or associated with, the Supplier and/or the Website.

13. Disclaimer

13.1 The Website provides general information about the Supplier and the products and services they offer. The information contained in the Website has been prepared solely for the purpose of providing information about the Supplier, its subsidiaries and the services and products they offer. The Website reserves the right to change, delete or move any of the material on the Website at any time without notice.

13.2 The Supplier shall not be liable to the Member or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of the Member’s access to or inability to access the Website. This includes viruses alleged to have been obtained from the Website, the Member’s use of or reliance on the Website or any of the information or materials available on the Website, regardless of the type of claim or the nature of the cause of action.