Terms and Conditions

These Terms & Conditions apply to purchases, equipment hire and team-building services supplied by Footbikes Australia.

By placing an order, confirming a hire or booking a team-building activity, you agree to these Terms & Conditions and any applicable policies referred to below.

Nothing in these Terms & Conditions excludes or limits any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

1. About Us

Footbikes Australia is operated by KICK&MOVE PTY LTD, ABN 76688054640,  Western Australia.

Email: info@footbikes.com.au
Website: www.footbikes.com.au

These Terms & Conditions are governed by the laws of Western Australia.

2. Prices, Orders & Payment

All prices are shown in Australian dollars and include GST unless otherwise stated.

We may change prices at any time before an order or booking is confirmed. Once we have confirmed an order or booking at an agreed price, that price will apply unless you subsequently request a change that affects the price.

Online orders are subject to product availability and are accepted when we issue an order confirmation.

Payment methods available are shown at checkout or advised when a booking or hire is arranged.

Goods must be paid for before dispatch unless otherwise agreed in writing.

Team-building bookings and equipment hire are subject to the payment arrangements stated in the relevant booking confirmation or policy.

3. Sale of Goods

Products supplied by Footbikes Australia must meet the consumer guarantees provided by the Australian Consumer Law.

These guarantees include that goods must be of acceptable quality, fit for any disclosed purpose and match their description or sample where applicable.

Any manufacturer's or voluntary warranty provided with a product operates in addition to your rights under the Australian Consumer Law and does not replace or limit those rights.

Where a product has a problem, please contact Footbikes Australia directly. We may inspect or assess the product before determining the appropriate remedy.

4. Manufacturer & Voluntary Warranties

Some products may include a manufacturer's or supplier's warranty against defects.

Any stated warranty period or warranty condition applies only to that additional voluntary warranty.

It does not limit the consumer guarantees available under the Australian Consumer Law, which may continue to apply after a written warranty period has expired.

Proof of purchase may be required when making a warranty claim.

Damage caused by misuse, accident, unauthorised modification, neglect or use outside the product's intended purpose may not be covered by a voluntary warranty or consumer guarantee.

5. Shipping & Delivery

Shipping arrangements, delivery timeframes and freight charges are set out in our separate Shipping & Delivery Policy.

Delivery dates and timeframes are estimates unless we expressly agree otherwise.

Customers are responsible for providing complete and accurate delivery details.

Where an order requires additional freight charges because of its destination, size or another circumstance not reasonably reflected in the standard checkout freight charge, we will contact the customer before dispatch.

The customer may accept the revised freight cost or cancel the affected order for a refund if the additional charge is not accepted.

6. Returns, Refunds & Consumer Guarantees

Our separate Return & Refund Policy explains our voluntary change-of-mind return policy and how to request a return.

Change-of-mind conditions do not limit your rights under the Australian Consumer Law.

If goods fail to meet a consumer guarantee, the remedy available will depend on the nature and seriousness of the problem and may include a repair, replacement, refund or compensation as required by law.

Conditions applying to voluntary change-of-mind returns, such as return periods, original packaging or unused condition, do not apply where those conditions would restrict a consumer's rights in relation to faulty or non-compliant goods.

Where a product is confirmed to have a problem covered by the Australian Consumer Law, we will reimburse reasonable return costs where required by law.

7. Equipment Hire

Equipment hire is also subject to the applicable Hire Agreement provided at the time of hire.

The customer must:

• use hired equipment safely and only for its intended purpose

• follow all operating and safety instructions

• comply with applicable laws and road rules

• wear a helmet while riding

• not use the equipment while impaired by alcohol, drugs or other substances

• take reasonable care of the equipment

• return the equipment by the agreed time and in substantially the same condition, allowing for reasonable wear and tear.

The customer may be responsible for loss, theft or damage occurring during the hire where provided for in the Hire Agreement.

Any security deposit, hire fee, collection and return requirements will be stated in the booking or Hire Agreement.

We may end a hire where equipment is being used unlawfully, recklessly, unsafely or in serious breach of the Hire Agreement.

8. Team-Building Services

Team-building services are provided according to the package, quotation or booking confirmation agreed with the customer.

Team-building bookings are also subject to our:

• Booking & Cancellation Policy

• Weather Policy

• Safety & Participation Policy

• applicable Participant Waiver / Risk Acknowledgement

The organisation making the booking is responsible for providing accurate information about participant numbers and any relevant requirements that may affect the organisation of the activity.

Each participant must comply with the Safety & Participation requirements and any instructions given by Footbikes Australia staff.

We may refuse or stop a participant from taking part where we reasonably believe their behaviour, impairment or condition creates an unacceptable safety risk.

Routes, timing or activity details may be reasonably adjusted where required because of safety, weather, access, venue restrictions or other operational circumstances.

Where cafés, restaurants, venues or other third-party suppliers form part of an experience, their own terms, availability and conditions may also apply.

9. Participant Responsibility & Safety

Footbiking is an outdoor physical activity and involves inherent risks.

Participants are expected to take reasonable care for their own safety and the safety of others and to follow instructions provided by Footbikes Australia.

Participants should advise us of any relevant condition or limitation that may affect their safe participation.

A participant may choose to stop participating at any time.

Further requirements are contained in the Safety & Participation Policy and Participant Waiver.

10. Services & Australian Consumer Law

Our services are supplied subject to the consumer guarantees under the Australian Consumer Law.

This includes requirements that services are provided with due care and skill, are fit for any disclosed purpose where applicable, and are provided within a reasonable time where no time has been agreed.

Nothing in these Terms & Conditions is intended to exclude or limit any consumer guarantee, remedy or other right that cannot lawfully be excluded.

11. Customer Conduct

Customers and participants must not:

• deliberately or recklessly damage equipment

• use equipment unlawfully or contrary to instructions

• behave in a way that creates an unreasonable safety risk

• participate while impaired by alcohol or drugs.

We may suspend or end an activity or hire where continuing would create an unreasonable safety or legal risk.

Where damage or loss is caused by deliberate misuse, reckless conduct or failure to follow reasonable instructions, the customer may be required to pay reasonable repair or replacement costs.

12. Events Outside Our Reasonable Control

We are not responsible for delays or changes caused by circumstances outside our reasonable control, including severe weather, emergency conditions, government restrictions, road or venue closures, or other events that make performance unsafe or impractical.

Where this occurs, we will act reasonably and, where appropriate, offer an alternative, reschedule the affected service or provide another remedy consistent with our policies and applicable law.

Weather-related team-building changes are specifically governed by our Weather Policy.

13. Third-Party Services

Some activities or purchases may involve third-party suppliers, such as freight companies, cafés, restaurants, venues or other service providers.

We are not responsible for matters that are solely within the control of those independent suppliers, except to the extent that responsibility cannot lawfully be excluded.

Where we make a third-party booking on the customer's behalf, the customer may also be bound by the supplier's applicable terms.

14. Website Information

We aim to keep information on our website accurate and current.

Product images, colours, specifications and descriptions may occasionally vary slightly from the supplied product where manufacturers make reasonable changes.

We may update website information, availability and prices at any time before an order or booking is confirmed.

Nothing in this section limits our obligations where goods or services do not match a description or representation relied upon by the customer.

15. Intellectual Property

Unless otherwise stated, website content, photographs, graphics, text and branding owned by Footbikes Australia may not be copied, reproduced or used commercially without permission.

Third-party trademarks and content remain the property of their respective owners.

16. Privacy

Personal information is handled according to our Privacy Policy.

17. Complaints & Contact

If you have a concern about a product, hire or service, please contact us so we can try to resolve the matter promptly.

Email: info@footbikes.com.au
Phone: 0481 330 685

18. Governing Law

These Terms & Conditions are governed by the laws of Western Australia and the applicable laws of the Commonwealth of Australia.

Nothing in these Terms & Conditions restricts any right to bring a claim or seek a remedy in a court, tribunal or other forum where applicable law provides that right.