Terms and conditions for Freedom Machine Products and Services.
These Terms and Conditions ("Terms") govern your interaction with Freedom Machine and form a binding contractual agreement between you and Freedom Machine.
These Terms and Conditions constitute a contract between the customer (You) and Freedom Machine.
1.1. In these Terms and Conditions, "We," "Our," or "Us" means Freedom Machine; and "You" or "Your" means the person who accepts these Terms and Conditions, by using this Website and associated software, networks, and processes, including the purchase of Products or services through the Website.
1.2. The Agreement together with your Order constitutes the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
- Legal Capacity
2.1. If you are under the age of eighteen (18) years, you cannot place Orders with Freedom Machine. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
3.1. Any performance figures given by the Seller are estimates only. The Seller is under no liability for damages for failure of the Goods to attain such figures unless specifically guaranteed in writing. 3.2. Any such written guarantees are subject to the recognized tolerances applicable to such figures.
- Delivery and ownership of goods
4.1. Freedom Machine does not accept any liability for loss or damage suffered by anyone as a result of any delay from external parties engaged to ship any Order.
4.2. If a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
4.3. Where Products are not collected in-store, Freedom Machine is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer's responsibility to liaise with the courier nominated by Freedom Machine in relation to the date and time of delivery.
4.4. Freedom Machine shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
4.5. Freedom Machine reserves the right to not ship to remote or rural locations.
4.6. Freedom Machine reserves the right to change or amend the delivery date as required.
- Faulty or damaged goods
5.1. Freedom Machine will repair, replace, or refund faulty or damaged Products in accordance with the Warranty and Your rights under the Australian Consumer Law.
- Refunds and returns
6.1. Nothing in these Terms and Conditions excludes, restricts, or modifies the consumer guarantees provided for by statute, including under the Australian Consumer Law.
6.2. Refunds are strictly limited to those available under clauses implied by statute.
6.3. The Customer must comply with directions from staff to facilitate a return.
6.4. Returned Products, under the Returns Policy, must be returned in their original packaging with all accessories.
6.5. Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed, or transported without significant cost to You because of: (a) the nature of Our failure to comply with the consumer guarantee, or (b) the size or height, or method of attachment, of the Product.
7.1. Each Product sold by Freedom Machine is covered by a warranty that the product is free of any manufacturing defects.
7.2. Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties, and guarantees.
8.1. To the greatest extent permitted by law, we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data, or for any indirect or consequential loss or damage of any kind, howsoever arising, and whether caused by tort (including negligence), breach of contract, or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence), or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
8.2. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
8.3. Customer Bikes at the Store for Service work.
Freedom Machine shall not be liable for any loss, damage, or theft of customer bikes while they are at the store for service. Customers are encouraged to ensure their bikes with appropriate insurance coverage during the service period. Freedom Machine will take reasonable precautions to safeguard customer bikes but does not accept responsibility for any unforeseen circumstances, including loss, damage, or theft during the service period at the store.
This clause aims to clarify that while Freedom Machine will take care in handling customers' bikes during service, the responsibility for insurance against loss, damage, or theft remains with the customer.
9.1. The Seller's liability for Goods manufactured by it is limited to making good any defects. This must be done by repairing the defects or, at the Seller's option, by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched. This applies so long as:
(a) the defects have arisen solely from faulty materials or workmanship;
(b) the Goods have not received maltreatment, inattention, or interference;
(c) accessories of any kind used by the Buyer are manufactured by or approved by Seller;
(d) the seals of any kind on the Goods remain unbroken; and
(e) the defective parts are promptly returned free of cost to the Seller.
9.2. If the Goods are not manufactured by the Seller, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer for the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
9.3. The Seller is not liable for, and the Buyer releases the Seller from, any claims in respect of faulty or defective design of any Goods supplied. This is unless the design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing.
9.4. The Seller's liability under clause 10.3 is limited strictly to the replacement of defective parts in accordance with clause 10.1 of these Terms.
9.5. Except as provided in these Terms, all express and implied warranties, guarantees, and conditions under statute or general law as to merchantability, description, quality, suitability, or fitness of the Goods for any purpose or as to design, assembly, installation, materials, or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation, or operation of the Goods or arising out of the Seller's negligence or in any way.
- Consumer Guarantee
10.1. The Seller's liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law is limited to:
10.2. in the case of Goods, any one or more of:
(a) the replacement of the Goods or the supply of equivalent goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or of acquiring equivalent goods; and
(d) the payment of the cost of having the Goods repaired; or
10.3. in the case of services:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
11.1. Title and risk in the Freedom Machine Products pass to the Customer on delivery of the Products.
11.2. Any provision of these Terms and Conditions, which is void or unenforceable, may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
11.3. A failure or delay by Freedom Machine to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Freedom Machine does not preclude its future ability to exercise that or any other power or right.
11.4. Insofar as they apply to the ordering, purchase, fulfillment, and delivery of Freedom Machine Products, these Freedom Machine Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia, and the parties submit to the jurisdiction of the courts in that State.
11.5. Unless otherwise stated, all prices quoted by Us are exclusive of Goods and Services Tax (GST).
- Privacy and use of Your personal information.
12.1. We recognise the importance of protecting the privacy of personal information collected about Our customers and we take all reasonable measures to keep Your personal information secure. In these terms and conditions, "personal information" means information that identifies an individual or from which an individual reasonably can be identified.
12.2. You agree to allow Us to use Your personal information for the purposes of:
sending or facilitation communications (including the communication of promotions or deals) between You and the relevant Merchant; performing diagnostics testing and analysis of problems or support issues with our services or for the purposes of research; providing aggregated data to Merchants and our affiliated business partners (Business Partners) on an anonymous basis regarding order habits, spending, location, favourite orders, gender, birth date together with relevant analytics data and research; and sending communications from Us and from Merchants and our business partners that You may be interested in.
12.4. You agree to allow Us to share Your personal information with the following parties:
Merchants and Business Partners of Freedom Machine, for the purposes of facilitating the placement of orders, payment and deliveries (where selected) of Products and for notifying You of offers and promotions from Merchants and Business Partners; third parties where necessary for the purposes of API or SMPP integration of Freedom Machine systems; requests for information received from government and regulatory bodies; in an aggregated, anonymous manner with a third party; or with any other third party in any other manner with Your consent.
12.6. Some of the third parties to whom we disclose Your personal information may be located outside of Australia.