Hornit Cycle Helmet - Pink
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Hornit Cycle Helmet with LED light - Flamingo Pink
We highly recommend measurement prior to purchase. Using a soft tape measure| please measure the circumference of the child’s head about an inch above their eyebrows| or the thickest part of their head. If it falls within the centimentre range shown| the helmet will fit.
Hornit helmets are a bit, no a LOT cooler than most kid’s bike helmets! Pain stakingly designed to look stylish & fun (or quietly understated in the case of Stealth!) they are fully adjustable| comfortable, light weight and actually something children will want to wear. They will also love the integrated LED which is an added safety feature.
Features:
- EN1078 and CPSC tested
- Head adjuster, 11 air vents
- LED Light: 3 modes
- 2x AG3 cell batteries
- 10 hours constant, 20 hours flashing
- Weight Small 340g/ Medium 370g
- Small 48-53cm, Medium 53-58cm, please measure the circumference of the child’s head about an inch above their eyebrows, or the thickest part of their head
* see Returns policy prior to purchase
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Terms & Conditions
These Terms and Conditions of Supply (Terms) are between Active Outthere PTY LTD (we, us or our) and you, the customer (you or your).
By placing an order through www.wheelsandmotion.com.au (Website), you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not place an order.
We may amend these Terms from time to time and will take reasonable steps to bring any material changes to your attention such as by posting amendments on our Website. We recommend that you review our Website from time to time and by continuing to use our Website and purchasing Goods from us, you agree to be bound by our amended Terms. If you do not agree to any amended terms, you should cease using our Website and ordering Goods from us.
These Terms incorporate, and should be read together with, our Shipping and Delivery Policy, Returns and Refunds Policy, Warranty Policy, Privacy Policy and Website Terms of Use as made available on our Website (collectively, the Policies). The Policies form part of these Terms. Where there is an inconsistency between the body of these Terms and a Policy, the Policy on our Website will prevail to the extent of the inconsistency.
- Orders and Formation of Contract
- All Orders are placed through the Website. By submitting an Order, you are making an offer to purchase the Goods in accordance with these Terms.
- An Order will become binding once we issue an Order Confirmation to you by email. We reserve the right to decline any Order, acting reasonably, including where the Goods are unavailable, where we suspect fraud or payment irregularity, where there is a pricing or description error on the Website, or where we are unable to ship to the nominated address.
- You are responsible for ensuring that all information provided at the time of ordering is accurate and complete, including your delivery address, contact phone number, email address, and the correct product and colour selected.
- Subject to your non-excludable rights under the Australian Consumer Law, we are not responsible for errors in delivery or fulfilment arising from inaccurate information provided by you at the time of ordering.
- All Goods displayed on the Website are subject to availability. If Goods you have ordered are unavailable, we will notify you and offer either a refund of any amount paid for those Goods or, if you prefer, a credit or substitute Goods of equivalent value.
- Images of Goods on the Website are for illustrative purposes only. Actual products may vary slightly in colour or appearance from the images displayed. Where the variation is material, you have the rights set out in the ACL.
- We have multiple warehouses. Some Orders require multiple shipments from different warehouses and will arrive in separate deliveries. We will notify you if this applies to your Order.
- Price
- The Price of the Goods is as displayed on the Website at the time you place your Order. All Prices are in Australian dollars and include GST.
- Your Order will not be processed or dispatched until payment has been received in full and cleared.
- Shipping costs are additional to the Price of the Goods and will be calculated and displayed at checkout in accordance with clause 5.
- We reserve the right to change the Prices of Goods displayed on the Website at any time without notice. Price changes will not affect Orders for which an Order Confirmation has already been issued.
- Prices and product descriptions published on the Website are prepared with reasonable care but may occasionally contain errors or inaccuracies. If we discover a material error in the Price or description of Goods after you place an Order, we will contact you as soon as practicable to give you the option of confirming the Order at the corrected Price or cancelling the Order for a full refund.
- Payment and Payment Methods
- Payment must be made in full at the time of placing your Order. Your Order will not be processed or dispatched until payment has been received in full and cleared.
- We accept payment via the methods displayed on the Website, which currently include credit card, debit card, and (where available) Afterpay, Apple Pay, Google Pay and other payment methods. Availability of individual payment methods may vary by brand and product and is subject to the payment providers’ terms and conditions (including applicable merchant fees).
- If we are unable to successfully process your payment for an accepted Order, we may notify you of the dishonour and cancel your Order.
- You authorise us to pre-authorise and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
- You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means.
- Title and Risk
- risk in the Goods passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address);
- title to the Goods passes to you on the delivery of those Goods to the Delivery Address (including unattended deliveries at the Delivery Address).
- Delivery and Shipping
- Dispatch timeframes
- We aim to dispatch Orders within 2 to 3 Business Days of receiving your Order.
- Delivery times are estimates only and will depend on your location. We are not liable for any delay in delivery caused by circumstances beyond our reasonable control, including delays by postal or courier services, public holidays, or high-volume sales periods. We will use reasonable efforts to notify you where we anticipate a material delay.
- If your Order includes multiple items, they may arrive in separate consignments from different warehouses.
- Shipping costs
- For Orders delivered within Australia: shipping is free for Orders of AUD $129 or more, and AUD $13.95 (flat rate) for Orders under AUD $129.
- For Orders delivered within mainland New Zealand: AUD $15.00 per consignment up to 3kg and AUD $25.00 per consignment from 3 to 15kg. New Zealand shipping is not available via Express Post.
- Express Post (where available within Australia) is charged at rates published by Australia Post (or applicable carrier) from our warehouse postcode to the destination postcode.
- We do not offer pickup or collection.
- Carriers, tracking and safe-drop
- Orders are shipped via Australia Post or one of our preferred couriers. All Orders are trackable and tracking information will be provided to you by email or SMS. Pending tracking IDs may take 12 to 24 hours to appear in the carrier's system.
- Delivery of your Goods by our delivery service providers is subject to the relevant delivery service provider's own terms and conditions and privacy policy. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions.
- It is your responsibility to ensure that someone is available at the Delivery Address to receive the Goods. If delivery is attempted and fails because no one is available, re-delivery charges may apply, and any resulting return-to-sender will be treated as a change of mind return under clause 6.
- Signature on delivery is not required by default. Australia Post may elect to leave a parcel in a safe area at the nominated address, or redirect a parcel to a local post office, in accordance with Australia Post's standard practices. Parcel lockers are generally not large enough to accommodate scooter purchases and deliveries to parcel lockers are likely to be redirected.
- If you nominate a delivery address at which no person is generally available to receive the Goods, or our delivery carrier determines that there is no one or no appropriate person at the Delivery Address to receive the Order, or if our delivery carrier cannot access the Delivery Address, or determine a suitable or safe spot to deliver your Order, and a parcel is lost or missing after delivery to that address, we will request a proof of delivery from the carrier on your behalf, but we are not responsible for replacing a parcel that has been delivered in accordance with the carrier's safe-drop or redirection practices to an address that is routinely unattended. We strongly suggest you choose a business address, or a residential address where a person will be available, if you are concerned about safe-drop risks.
- Once an Order leaves our warehouse, the carrier becomes responsible for delivery updates. We cannot fast-track an Order once it is with the carrier, but we will assist where reasonably possible.
- You acknowledge and agree that any person at the Delivery Address who receives the Order is authorised by you to receive your Order.
- Lithium battery restrictions
Some Goods contain lithium-ion batteries (including, without limitation, certain helmets with integrated LED lights, and e-scooters and their batteries). Lithium battery Goods may be subject to carrier restrictions including, without limitation, restrictions on Express Post and on shipment to certain destinations. Where a carrier restriction prevents us from shipping a particular Good to your nominated address, we will contact you as soon as practicable to discuss alternatives or refund the Order.
- Inspection on delivery and claims
- You must inspect the Goods on delivery. If Goods arrive damaged, defective or with missing items, please contact us using the contact details on our Website within 48 hours of delivery, providing photographs of the damage or missing items and quoting your invoice number (Request). You should stop using the relevant Goods immediately.
- Provided you have complied with clause 5.5a and have given us all relevant information to assess your Request, and the Goods have not been damaged through abnormal use, we will provide a written assessment of your Request within 10 Business Days of receiving your Request (Approved Request).
- For all Approved Requests (acting reasonably and having regard to the nature of the issue), we will:
- replace the damaged or missing parts;
- arrange for replacement Goods to be sent; or
- issue a refund for the original purchase price of the Goods via your original payment method.
- Where we require Goods to be returned, we will provide a return solution at no cost to you.
- Nothing in this clause excludes, restricts or modifies your rights under the Australian Consumer Law in respect of Goods that are not of acceptable quality, not fit for a disclosed purpose, not matching their description or sample, or that have a Major Failure.
- Order Changes and Cancellation
- Once your Order has been placed, automated fulfilment processes mean that changes to the product ordered, Order cancellation, or changes to delivery address may not be possible. Please check all details carefully before submitting your Order.
- If you wish to cancel an Order or change the product or colour ordered, you must contact us as soon as possible using the contact details on our Website, quoting your invoice number.
- If we are able to cancel your Order without incurring costs (for example, because it has not yet been picked, packed or handed to the carrier) and your Order has not been dispatched, we will cancel the Order and process a refund to the original payment method within 10 Business Days. Payment provider merchant fees (see clause 3.2) may be deducted from that refund.
- If we are able to accommodate a change to the product or colour ordered after your Order is placed, a reasonable processing fee may apply. We will confirm any such fee with you in writing before processing the change.
- Where your Order has already been dispatched, cancellation under this clause 6 is not available. You may return the Goods in accordance with clause 7.
- Returns and Refunds
- No exchanges
We do not offer exchanges. If you wish to exchange a product, you may return it in accordance with clause 7.2 and place a new Order for the replacement product.
- Change of mind returns
- We offer the following change of mind return option for all Goods, excluding Helmets which are subject to clause 7.3.
- All claims for a change of mind return must be made within 5 Business Days of receiving your Order. We will accept a change of mind return provided that:
- the request is made within the 5 Business Day window and in writing to the contact details on our Website, quoting your invoice number and the items you wish to return;
- the Goods are returned in brand new, undamaged condition, in their original undamaged packaging, and in a condition suitable for resale;
- the Goods are returned to the address we nominate by return email, using a tracked shipping service, with the tracking number provided to us by email; and
- you comply with the packaging requirements in clause 7.2c).
- It is your responsibility to pack the Goods securely in an outer box to avoid damage in transit. Goods that are returned damaged, incomplete, or outside their original packaging may result in you forfeiting the right to a refund, subject to your rights under the Australian Consumer Law.
- Return shipping for change of mind returns is at your cost. Original shipping charges are not refundable, except where we are required to refund them under the Australian Consumer Law.
- Refunds for change of mind returns will be processed to the original payment method within 10 Business Days of us receiving the returned Goods and confirming they meet the conditions in clause 7.2b). Payment provider merchant fees (see clause 3.2) may be deducted from that refund.
- Helmets: change of mind
Due to health and hygiene standards, we do not accept change of mind returns on helmets. Please use our size guide carefully and, if you are unsure, please contact us before ordering. This exclusion does not affect your rights in respect of a defective helmet (see clause 9) or your rights under the Australian Consumer Law.
- Return to sender
If your Order has been dispatched, a delivery attempt has failed because you were not available to accept delivery, the Order is awaiting collection at a local post office, and you then instruct a return to sender, the return will be treated as a change of mind return under clauses 7.2a)-7.2e) (including as to return shipping costs). This treatment does not apply where the delivery failure is attributable to an error by the carrier or where you had no reasonable opportunity to collect the Order.
- Lost returns
You must use a tracked shipping service for all change of mind returns and provide us with the tracking number by email. We are not responsible for returns that are lost in transit and will not issue a refund for Goods we have not received.
- Australian Consumer Law
- Nothing in these Terms or in any Policy is intended to exclude, restrict or modify any guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable consumer protection legislation that cannot be excluded, restricted or modified by agreement.
- Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a Major Failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a Major Failure.
- Where these Terms or a Policy grant us a discretion (for example, to determine a remedy between repair, replacement and refund), we will exercise that discretion in a manner consistent with your rights under the Australian Consumer Law.
- Manufacturer Warranty
- What this warranty covers
- In addition to your rights under the Australian Consumer Law, we provide an express warranty (the Manufacturer Warranty) against defects in materials and workmanship in the Goods for the period specified in clause 9.1b), starting on the date you purchased the Goods.
- The Manufacturer Warranty periods (Warranty Period) are as follows:
- Globber products (excluding batteries and the Trike Raincover): 24 months from the date of purchase;
- Globber e-scooter batteries: 12 months from the date of purchase;
- Globber Trike Raincover: 6 months from the date of purchase;
- Italtrike products: 24 months from the date of purchase;
- Grit Scooters products: 12 months from the date of purchase; and
- Other brands: 12 months from the date of purchase
- The Manufacturer Warranty covers direct manufacturing faults or failures in the Goods, that is, failures in materials or workmanship that are not caused by external factors.
- What this warranty does not cover
The Manufacturer Warranty does not cover:
- damage resulting from misuse, abuse, neglect, accident, collision, stunts or use in extreme or high-risk activities (including freestyle scootering);
- normal wear and tear, including to wheels, bearings, grips, tyres, decks and fasteners;
- cosmetic damage including chips, scratches, chunking, flat spots, minor bending or hairline cracks caused by use;
- damage from prolonged sun exposure or improper storage;
- modifications or alterations made to the Goods after purchase;
- use of the Goods with non-compatible parts, attachments or accessories;
- damage arising from failure to follow assembly, user or safety instructions (including for lightweight EVA foam wheels on trikes, which are not all-terrain wheels); or
- self-repairs or repairs carried out by any person not authorised by us or the manufacturer, where those repairs caused or materially contributed to the defect or made it impossible for us to assess the claim. For the avoidance of doubt, minor and reasonable adjustments such as tightening fasteners or adjusting brakes in accordance with the user manual are not 'self-repairs' for this purpose.
- How to make a claim
- To make a claim under the Manufacturer Warranty, you must, within the applicable Warranty Period:
- email us using the contact details on our Website, quoting your invoice number and full name, delivery address and mobile number;
- attach your proof of purchase (a credit card receipt, invoice or Order Confirmation is sufficient);
- describe the defect or issue in reasonable detail; and
- provide at least two clear photographs: one of the defective part and one of the complete product. We may request additional photographs or information if we are unable to verify the condition of the Goods from those provided.
- You should stop using the Goods immediately once you have identified a defect that may give rise to a warranty claim under this clause.
- To make a claim under the Manufacturer Warranty, you must, within the applicable Warranty Period:
- What we will do
- We will assess your claim reasonably and on a case-by-case basis. Claims may be submitted using the contact details available on our Website for assessment, and we will keep you updated on the status of your claim. Where a claim is approved, we will, at our discretion (acting reasonably and having regard to the nature of the defect):
- send replacement parts at no cost to you;
- arrange a return and replacement of the Goods at no cost to you; or
- issue a refund.
- Where we require Goods to be returned, we will provide a return solution at no cost to you. Do not dispose of any Goods subject to a warranty claim without first obtaining our written approval.
- Your rights under the Australian Consumer Law continue to apply and are not affected by this clause. In particular, if the Goods have a Major Failure, you may elect between a refund, replacement or (at our discretion and with your agreement) repair, and you are entitled to compensation for any other reasonably foreseeable loss or damage.
- Any costs of claiming under this Manufacturer Warranty (other than return shipping, which we cover) are to be borne by you, including without limitation packaging the Goods for return.
- The benefits to you under this Manufacturer Warranty are in addition to other rights and remedies you may have under the Australian Consumer Law in respect of the Goods to which the Manufacturer Warranty relates.
- We will assess your claim reasonably and on a case-by-case basis. Claims may be submitted using the contact details available on our Website for assessment, and we will keep you updated on the status of your claim. Where a claim is approved, we will, at our discretion (acting reasonably and having regard to the nature of the defect):
- What this warranty covers
- Product Safety and Use
- Many of our Goods are designed for use by children. You acknowledge and agree that it is the responsibility of the purchaser, parent or guardian to ensure that Goods are used safely and in accordance with all instructions, warnings and age recommendations provided with the Goods or on the product listing.
- Before use, you must read and follow all assembly instructions, user manuals, safety warnings and age and weight recommendations provided with the Goods. Failure to follow assembly, user or safety instructions may result in injury and may affect the availability of the Manufacturer Warranty in accordance with clause 9.2.
- Scooters, bikes, e-scooters, skateboards and similar products involve inherent risks of injury, including from falls, collisions and loss of control. You assume the risks that are reasonably associated with the proper use of the Goods.
- Children must be supervised by a responsible adult when using Goods such as scooters, bikes, e-scooters and skateboards. To the maximum extent permitted by law (and subject to clause 8), we are not liable for any injury or damage arising from unsupervised use by a child contrary to this clause.
- Appropriate safety equipment (including helmets and knee and elbow pads) should be worn at all times when using scooters, bikes, e-scooters and skateboards. Failure to use appropriate safety equipment is at your own risk.
- Goods must be used in accordance with all applicable laws and regulations, including local road, footpath and public place rules. You are responsible for ensuring compliance with any applicable age restrictions, licensing requirements or road rules in your jurisdiction.
- You must regularly inspect and maintain the Goods in accordance with the manufacturer's instructions. Subject to clause 8, we are not liable for any injury, loss or damage arising from the use of Goods that have not been properly assembled, maintained or inspected.
- Website Use and Intellectual Property
- The content of the Website is for your general information and use and is subject to change without notice.
- Subject to clause 8 and subject to the Australian Consumer Law, we do not warrant the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information may contain inaccuracies or errors and we exclude liability for such inaccuracies or errors to the fullest extent permitted by law, other than for liability arising from misleading or deceptive conduct, false or misleading representations under the ACL, or any non-excludable Consumer Guarantee. It is your responsibility to ensure that any Goods or information available through the Website meet your specific requirements.
- The entire contents and design subsisting in, relating to or arising out of our Website and available through or in connection with our Website including copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Website Content) is intellectual property owned by us or our content providers or our licensors, with all rights reserved.
- You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except with our express written permission. You must not reproduce, frame, transmit (including broadcast), adapt, link to or otherwise use any of the material on the Website, including audio and video excerpts, except as expressly permitted by statute or with our prior written consent.
- No Website Content may be modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with our Website.
- When you send us any feedback or suggestions or complete a survey in relation to our Website, you agree that we can use any ideas, concepts, or techniques contained in the feedback, suggestions or survey responses.
- The Website may include links to other websites. These links are provided for your convenience and do not signify endorsement by us. We have no responsibility for the content of linked websites.
- Privacy
- We collect, use and disclose your personal information in accordance with our Privacy Policy, which is published on the Website and forms part of these Terms.
- By placing an Order, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, including disclosure to our payment processors (such as PayPal and Afterpay), carriers (such as Australia Post), manufacturers and suppliers to the extent necessary for us to fulfil your Order or to administer a warranty claim.
- You may request access to, or correction of, the personal information we hold about you by contacting us in accordance with our Privacy Policy.
- Limitation of Liability
- Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable legislation which cannot be excluded, restricted or modified by agreement.
- Subject to clause 13.1, and to the maximum extent permitted by law, we exclude all representations, warranties and terms (whether express or implied) other than those expressly set out in these Terms.
- Subject to clause 13.1, our total liability to you for any claim arising under or in connection with these Terms (including for any breach of a non-excludable Consumer Guarantee where permitted under the Australian Consumer Law) is limited at our election to:
- the replacement of the Goods or the supply of equivalent goods;
- the repair of the Goods; or
- a refund of the Price paid for the Goods.
- Subject to clause 13.1, and to the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss or damage, including loss of profits, loss of data, loss of revenue, loss of opportunity or loss of goodwill, arising in connection with these Terms or the supply of Goods, whether in contract, tort (including negligence), statute or otherwise.
- Subject to clause 13.1, we are not liable for any loss, injury or damage to the extent it arises from: (i) your failure to follow assembly instructions, user manuals, safety warnings or age and weight recommendations; (ii) material misuse, modification or alteration of the Goods; (iii) use of the Goods without appropriate safety equipment; (iv) unsupervised use by children contrary to clause 10.4; or (v) use of the Goods in material breach of any applicable law or regulation.
- Indemnity
- You agree to indemnify us and our officers, employees, agents and contractors from and against all liabilities, expenses, losses, costs, damages or claims (including reasonable legal costs on a solicitor and own client basis) that we actually and reasonably incur, arising from or in connection with:
- your breach of these Terms;
- your use or misuse of the Goods, including failure to follow assembly, user or safety instructions, warnings or recommendations;
- any injury to any person or damage to any property to the extent caused by your breach of these Terms or your misuse of the Goods;
- any claim by a third party arising from your misuse of the Goods, or from use of the Goods by any person to whom you provide access in breach of these Terms; and
- any negligent or unlawful act or omission by you.
- The indemnity in clause 14.1 does not apply to the extent any liability, expense, loss, cost, damage or claim arises from, or is contributed to by, our breach, negligence or wilful misconduct, or from any act or omission of our officers, employees, agents or contractors.
- This indemnity is a continuing obligation and survives termination of the contract formed by your Order.
- You agree to indemnify us and our officers, employees, agents and contractors from and against all liabilities, expenses, losses, costs, damages or claims (including reasonable legal costs on a solicitor and own client basis) that we actually and reasonably incur, arising from or in connection with:
- Complaints and Dispute Resolution
- If you have a complaint about these Terms, an Order or the Goods, please contact us using the contact details on our Website with details of the complaint, your invoice number and your contact details. We will acknowledge receipt of your complaint within 5 Business Days and will use reasonable efforts to resolve the complaint within 20 Business Days.
- If a dispute is not resolved to your satisfaction, either party may give written notice of the dispute to the other party (Dispute Notice). If a Dispute Notice is given, the parties must first attempt to resolve the dispute by good faith negotiation.
- If the dispute is not resolved within 21 days of the Dispute Notice, the parties must submit the dispute to mediation administered by the Resolution Institute (or its successor body). The costs of the mediation will be shared equally between the parties.
- Nothing in this clause 15 prevents a party from seeking urgent equitable or injunctive relief, or from exercising any right under the Australian Consumer Law, including any right to complain to the Australian Competition and Consumer Commission or the relevant State or Territory consumer affairs body.
- General
- Entire agreement
These Terms, together with the Policies and any Order Confirmation, constitute the entire agreement between you and us in relation to the supply of the Goods and supersede all prior negotiations, representations and agreements.
- Amendments
We may amend these Terms and the Policies at any time by publishing updated terms on the Website. The amended terms will apply to Orders placed after the date of publication. We will not retrospectively apply amended terms to a pre-existing Order.
- Assignment
You may not assign, transfer or novate your rights or obligations under these Terms without our prior written consent. We may assign, transfer or novate our rights or obligations under these Terms without your consent, provided that the assignee agrees to be bound by these Terms (including in respect of any existing Orders) and we give you written notice of the assignment.
- Force majeure
We will not be liable for any failure or delay in performing our obligations under these Terms or otherwise be liable to you for any unavailability or failure of our Website or Goods, where such failure or delay results from any cause that is beyond our reasonable control, including without limitation natural disasters, pandemic, governmental action, strikes, postal or courier delays or disruption to supply chains (Force Majeure Event). If a Force Majeure Event continues for more than 30 days, either party may terminate the affected Order by written notice.
- Governing law and jurisdiction
These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts.
- Severability
If any provision of these Terms is found to be unenforceable, illegal or void, that provision is severed and the remaining provisions continue in full force and effect.
- Waiver
A failure or delay by us in exercising any right or remedy under these Terms does not operate as a waiver of that right or remedy.
- Survival
Clauses 4 (Title and Risk), 8 (Australian Consumer Law), 9 (Manufacturer Warranty), 10 (Product Safety and Use), 12 (Privacy), 13 (Limitation of Liability), 14 (Indemnity), 15 (Complaints and Dispute Resolution) and this clause 16 survive the completion, expiration or termination of any Order.
- Notices and contact
Notices to us under these Terms should be sent to the contact details available on our Website. Notices to you will be sent to the email address you provided with your Order.
- Entire agreement
- Definitions
- In these Terms, unless the context otherwise requires:
- Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Business Day means a day that is not a Saturday, Sunday or public holiday in Melbourne, Victoria.
- Consumer Guarantees means the consumer guarantees set out in Part 3-2 Division 1 of the ACL.
- Delivery Address means the address specified by you for the delivery of Goods that we will supply to you under these Terms.
- Goods means the products listed on our Website and purchased by you, including but not limited to scooters, bikes, e-scooters, trikes, balance bikes, ride-on toys, helmets, protective gear, spare parts and accessories.
- Major Failure has the meaning given to that expression in section 260 of the ACL for Goods.
- Manufacturer Warranty means the express warranty against defects described in clause 9.
- Order means your order for Goods submitted through the Website.
- Order Confirmation means the confirmation email sent by us to you acknowledging receipt and acceptance of your Order.
- Price means the price of the Goods as displayed on the Website at the time you place your Order, inclusive of GST.
- Privacy Policy means our privacy policy published on our Website and as updated by us from time to time.
- In these Terms, unless the context otherwise requires:
Where Goods are delivered by us (including through our trusted delivery service providers):
Privacy Policy
Active Outthere Pty Ltd (ABN 84 137 261 922) (we, us or our) understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you.
The information we collect
Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
The types of personal information we may collect about you include:
- Identity Data including your name, age.
- Contact Data including your telephone number, address and email.
- Financial Data including bank account and payment card details (through our third party payment processor, who stores such information and we do not have access to that information).
- Transaction Data including details about payments to you from us and from you to us, including through our third party payment providers, and other details of products and services you have purchased from us or we have purchased from you.
- Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies or analytics), and communications with our website.
- Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.
- Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
- Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience, or whether you hold required authorisations or licences.
- Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.
How we collect personal information
We collect personal information in a variety of ways, including:
- when you provide it directly to us, including face-to-face, over the phone, over email, or online;
- when you complete a form, such as registering for any events or newsletters, or responding to surveys;
- when you use any website we operate (including from any analytics and cookie providers or marketing providers. See the “Cookies” section below for more detail on the use of cookies);
- from third parties, such as third party payment providers;
- from publicly available sources.
Why we collect, hold, use and disclose personal information
Personal information: We collect, hold, use and disclose your personal information for the following purposes:
- to work or do business with you or provide our services to you, including to dispatch and deliver our products to you;
- to contact and communicate with you about our business, including in response to any support requests you lodge with us or other enquiries you make with us;
- to contact and communicate with you about any enquiries you make with us via any website we operate;
- for internal record keeping, administrative, invoicing and billing purposes;
- for analytics, market research and business development, including to operate and improve our business, associated applications and associated social media platforms;
- for advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you;
- to run promotions, competitions and/or offer additional benefits to you;
- if you have applied for employment with us, to consider your employment application; and
- to comply with our legal obligations or if otherwise required or authorised by law.
Our disclosures of personal information to third parties
Personal information: We will only disclose your personal information to third parties where it is necessary as part of our business, where we have your consent, or where permitted by law. This means that we may disclose personal information to:
- our employees, contractors and/or related entities;
- IT service providers, data storage, web-hosting and server providers;
- marketing or advertising providers;
- delivery or logistics providers who deliver our goods to you;
- professional advisors, bankers, auditors, our insurers and insurance brokers;
- payment systems operators or processors, including AfterPay or PayPal;
- our existing or potential agents or business partners;
- if we merge with, or are acquired by, another company, or sell all or a portion of our assets, your personal information may be disclosed to our advisers and any prospective purchaser’s advisers and may be among the assets transferred;
- courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
- courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
- third parties to collect and process data, such as analytics providers and cookies; and
- any other third parties as required or permitted by law, such as where we receive a subpoena.
Google Analytics: We may use Google Analytics Advertising Features. We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together. These cookies and identifiers may collect Technical and Usage Data about you.
You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.
To find out how Google uses data when you use third party websites or applications, please see here.
Overseas disclosure
We store your personal information in Australia. Where we disclose your personal information to third parties, those third parties may store, transfer or access personal information outside of Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.
Your rights and controlling your personal information
Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.
Cookies
We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
Links to other websites
Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact us at:
info@activeoutthere.com.au