IN ORDER TO PROTECT YOUR INTERESTS YOU SHOULD READ THESE TERMS & CONDITIONS CAREFULLY BEFORE PLACING AN ORDER WITH US. THESE TERMS & CONDITIONS APPLY ONLY TO GOODS PURCHASED THROUGH GIANT BRISBANE ONLINE AND DO NOT APPLY TO IN-STORE PURCHASES. PLEASE REFER TO YOUR LOCAL RETAILER FOR THEIR TERMS & CONDITIONS FOR IN-STORE PURCHASES.

  1. YOUR ACCEPTANCE OF THIS AGREEMENT

(a) This is an Agreement between you and all persons you represent (and for purposes of this Agreement referred to as “Consumer”, “you,” “your,” or “user” herein) and Giant Brisbane registered in Australia as Cyc’d Pty. Ltd. (as trustee for the Angry Men Industries Trust trading as Giant Brisbane) under ABN 14 134 411 266, whose principal place of business is located at Ground Floor, 231 North Quay, Brisbane QLD 4000, info@giantbrisbane.com.au ("Giant Brisbane" and sometimes also referred to as “us,” “we” or “our” herein) regarding your access to and use of Giant Brisbane’s website(s) (being giantbrisbane.com.au) and all content, information, product(s) and services available on the website (collectively, the "Website").

(b) Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorised to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.

  1. PRIVACY POLICY

(a) Our Privacy Policy applies to your access and use of this Website, including any personal information provided by you via this Website. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms and in the event of conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail. If you do not agree with the Privacy Policy, do not use this Website.

  1. TERMS GOVERNING ALL ORDERS

(a) These Terms apply to any and all purchases made by you from Giant Brisbane via the Website. If you place an order with Giant Brisbane it means you have read and expressly agree, consent to, and accept these Terms. You must be 18 years or older to make a purchase on this Website. These Terms apply to all sales of bicycles, clothing, and any and all other goods and product(s) offered on this Website (collectively, “Product(s)”). In the event of any inconsistency or conflict between these Terms and any provision in any Consumer-submitted order or writing, in any other document writing, or any oral arrangement in connection with an order of any Product(s), these Terms shall govern and control (and any inconsistent provisions shall be void). Giant Brisbane reserves the right to change or modify these Terms at any time in its sole discretion. Notice of any such changes to these Terms will be provided by Giant Brisbane by posting a notification on this Website or updating the date referenced at the top of the revised Terms, or as otherwise deemed appropriate by Giant Brisbane. Any such changes will apply only to orders placed after the time such changes become effective. Giant Brisbane’s right to require strict observance and performance of each of these Terms shall not be reduced, vitiated, or otherwise affected by any current or past waiver of any of these Terms (or by any previous course of dealing).

  1. ORDERS AND ACCEPTANCE

(a) When you place an order on the Website, such order will not be deemed accepted by Giant Brisbane unless and until an “Order Confirmation” acknowledgment is sent to you via email by Giant Brisbane. Orders can only be modified or cancelled up until the order status becomes “Shipped”. After this point, you must initiate a return in accordance with section 12 below if you wish to exchange or cancel your order.

(b) All orders are subject to the availability of the ordered Product(s). Giant Brisbane reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue product(s) or services without notice, even if you have already placed your order.

(c) Even if an order has been accepted, Giant Brisbane may subsequently cancel such order in whole or in part due to Product(s) availability (including without limitation, any discontinuation of the Product(s) or Product shortage) or if the order contains an obvious inadvertent pricing error. You will be notified of any order cancellation and any amounts you have paid to Giant Brisbane in respect of such order shall be refunded as set forth in the “Return Policy” paragraph of these Terms.

  1. OUT OF STOCK/BACKORDER

(a) Under rare circumstances, an item may become out of stock before we are able to ship out the order. We will always contact you prior to shipment if this happens and we will try our best to remedy the situation and will notify you of the date by which the item will become available. However, due to limitations we cannot accept back orders. If you wish to substitute an item you will need to contact us to arrange for a substitute or to cancel your order outright. If the item is not available we will cancel your order. If your payment has already been processed for the purchase when your order is cancelled, Giant Brisbane will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. In the event that we are unable to contact you within 10 working days, the order will be deemed cancelled and any sums you have already paid to us in respect of the goods shall be refunded to you.

  1. PAYMENT METHODS

(a) All orders must be paid in full prior to shipment. Giant Brisbane accepts payment via MasterCard & Visa credit cards and debit cards. Payment information is submitted by you upon the placement of any order, and acceptance, fulfillment and shipping of the order by Giant Brisbane is subject to verification of payment information and availability of funds.

Only valid credit or debit cards acceptable to us may be used and all refunds will be credited to the same payment method used for the purchase. By submitting your order, you represent and warrant that you are authorised to use the designated credit or debit card and authorise us to charge your order (including Taxes, shipping, handling and any other amounts described on this Website) to that credit or debit card. If the credit or debit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

(b) Unfortunately, we cannot work out credit card problems with your financial institution if a credit card is declined. It is your responsibility to settle credit card problems with the issuing institution, and then place the order again when the problem is resolved.

(c) If a credit card authorisation fails, we reserve the right to cancel your order.

  1. GOODS AND SERVICES TAX (GST)

(a) All prices quoted on our Website are in Australian Dollars and are inclusive of GST.

  1. PRICE AND/OR DESCRIPTION CHANGES

(a) All prices, pictures, and descriptions on the Website are subject to change. When you place your order with us, you agree to the price and terms indicated on the Website at the time of order.  Please contact us within 30 days of the date of your order regarding price or promotion discrepancies. Subject to your rights under the Australian Consumer Law, after 30 days from the date of your order, we are unable to offer refunds, credits or corrections to your order and price differences related to future or past prices in our store or any other store are not refundable.

  1. ERRORS ON OUR WEBSITE

(a) We will take reasonable steps to ensure our descriptions and prices displayed on the Website are accurate.

(b) Prices, product descriptions and availability of product(s) are subject to change without notice.

(c) Any errors will be corrected where and when discovered. Giant Brisbane reserves the right to withdraw a stated offer or cancel an order if there is an error, inaccuracy or omission in a stated offer or product description, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.

(d) If your payment has already been processed for the purchase when your order is cancelled, Giant Brisbane will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

  1. CLICK AND COLLECT & SHIPPING POLICY

(a) You will have the option to choose the pick-up location from Giant Brisbane ('Click and Collect'). Giant Brisbane will notify you via email when the good(s) are available for pick-up at. Orders which contain a bicycle must be provided via Click and Collect. You also have the option to Click and Collect orders which do not include bicycles.

(b) You agree to collect your Product(s) at Giant Brisbane within 7 business days of receiving an email notifying you that your goods are ready for pick-up. If you are unable to pick-up your goods within 7 business days, you will contact Giant Brisbane to organise an alternative pick-up day. At the time of pick-up, you agree to present to Giant Brisbane:

(i) the original “Order Confirmation” email;

(ii) a government issued identification card (such a valid driver’s license or passport) to verify your identity;

(iii) the credit card used for the transaction; and

(iiii) provide a signature for orders over $500 in value.

(c) If you fail to collect the product(s) and/or fail to contact Giant Brisbane within 14 business days after the receipt of email notice (or such later date agreed in writing by us), we may cancel  your order by notifying you via email. If we cancel your order under this clause, we will refund any amounts you have paid in respect of such product(s) (less any applicable shipping, handling and restocking charges).

(d) Any shipping charges that may apply to your order will be made clear to you during the check-out process on the Website.

(e) Without limiting clause 4(c), Giant Brisbane reserves the right to cancel a Click and Collect order under reasonable circumstances. If we cancel your order, we will notify you and provide you with a refund for any amounts you have paid in respect of such Product(s).

  1. YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW

(a) 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 for 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.

(b) Nothing in these terms and conditions operates to exclude, restrict or modify the operation of any provision of the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

  1. RETURN POLICY

12.1 Change of Mind Returns

Giant Brisbane accepts change-of-mind returns for eligible products purchased through our website within 30 days of delivery or collection.

To be eligible for a change-of-mind return, the product must be:

In new, unused and undamaged condition;

In its original packaging, with the packaging intact and undamaged; and

Returned with all original labels, tags, manuals, accessories and other included items.

Products that show signs of use, wear, dirt, odour, scuffing, mounting, installation or testing cannot be accepted as a change-of-mind return.

Items identified as sale or clearance items on our website cannot be returned for change of mind.

For approved change-of-mind returns, the customer is responsible for arranging and paying all costs associated with returning the product to Giant Brisbane. Original delivery charges and return freight costs are not refundable.

This Change of Mind Returns Policy is in addition to your rights under the Australian Consumer Law and does not exclude, restrict or modify any rights or remedies available to you under that law.

12.2 Returns due to Error by Giant Brisbane

If Giant Brisbane has made an error in fulfilling your order, such as supplying an incorrect product, please contact us as soon as possible.

Where a return is required as a result of an error by Giant Brisbane, we will arrange or cover reasonable return freight costs and, where applicable, provide a replacement or refund, including applicable original delivery charges.

The 30-day change-of-mind period does not apply to returns under this section.

12.3 Returns Process

Before returning any product, please contact Giant Brisbane to request a Returns Form. A completed Returns Form must be included with all products returned by post or courier.

Please include your original order number when contacting us. This can be found in your order confirmation email.

For change-of-mind returns, the customer is responsible for arranging and paying all return freight costs. Original delivery charges and return freight costs are not refundable.

Returned products must be securely packaged to prevent damage during transit. We strongly recommend using a trackable and insured delivery service, as Giant Brisbane cannot accept responsibility for returned items that are lost or damaged in transit.

Returned products will be inspected upon receipt. Products that do not meet the requirements of our Change of Mind Returns Policy may not be accepted for refund.

If you believe a product is faulty, damaged on arrival, or you have received an incorrect product, please contact Giant Brisbane before arranging a return, as different return arrangements may apply.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

12.4 Bicycle Returns

Bicycles purchased from Giant Brisbane must be returned directly to our Giant Brisbane store together with proof of purchase.

For change-of-mind returns, a bicycle must be in new, unused and undamaged condition to be eligible for a refund.

Any bicycle that has been ridden, used or damaged cannot be returned under our Change of Mind Returns Policy.

Before returning a bicycle, please contact Giant Brisbane so that we can confirm the return arrangements with you.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

12.5 Refunds

Once a returned product has been received, Giant Brisbane will inspect it to confirm that it meets the applicable return requirements.

Approved refunds will be made to the original payment method used for the purchase.

For change-of-mind returns, the refund will be for the purchase price of the eligible returned product. Original delivery charges and return freight costs are not refundable.

We aim to inspect returned products within 72 hours of receipt. Once a refund has been processed by Giant Brisbane, the time taken for the funds to appear in your account will depend on your financial institution and may take approximately 2–10 business days.

Nothing in this Returns Policy excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law.

  1. LIMITS OF RESPONSIBILITY

(a) Without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law (as summarized in 'Your rights under the Australian Consumer Law' above), we accept no responsibility for user-initiated damage and/or loss of parts incurred during the operation or use of product(s).

  1. WARRANTIES

(a) For all manufacturer warranty claims please take your Product:

(i) to Giant Brisbane, for orders which were delivered directly to you; and

(ii) Giant Brisbane, for orders that were Click and Collect orders.

Please bring your original “Order Confirmation” email as your proof of purchase. For more information on the warranty process please visit our Customer Support page or refer to the Giant owner’s manual.

(b) 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 for 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.

(c) No Giant warranty, and nothing in these terms and conditions, operates to exclude, restrict or modify the operation of any provision of the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)), including the consumer guarantees. In some circumstances your rights under your consumer guarantees may be greater than your rights under the applicable Giant warranty, in which case Giant will always honour your rights under the consumer guarantees.

  1. CADEX PRODUCT ONLINE REGISTRATION

(a) At CADEX, not only do they aim to deliver the best ride experience but also provide excellent after sales support for our customers. As well as the standard 2-year manufacturer’s warranty on CADEX Wheels, Handlebars & Saddles, you can also sign up to their 5-year Incident Replacement Program.

(b) In order to qualify for the 5-year Incident Replacement Program you must register your new CADEX wheels, handlebars &/or saddle online at www.cadex-cycling.com/au/registration within the first 8 weeks of the purchase date.

(c) In the event of a crash, accident or other incident in which the product is damaged, the 5-year Incident Replacement Program enables you to receive a 50% discount when purchasing a new replacement CADEX Wheel, Handlebar or Saddle. If the same model is no longer available an equivalent CADEX product from the most recent line-up can be purchased with a 50% discount based on the Suggested Retail Price of the original product.

(d) In certain instances, there may be additional costs to make the replacement CADEX product compatible with your bicycle for which we are not responsible. This program is limited to the original owner of the product & the customer will be responsible for shipping costs to their local authorised CADEX retailer as well as shipping costs to return the damaged product for disposal. This program is also dependent on a valid proof of purchase being uploaded at the time of registration.

(e) If you’ve successfully registered your CADEX Product and wish to make a claim through their 5-Year Incident Replacement Program please contact cadex-support@giantbikes.com.au for further information.

  1. FURTHER CONTACT

(a) Should you have any further queries regarding the online ordering process please send your enquiries via email to info@giantbrisbane.com.au and a member of our customer service team will be in contact.