Terms and Conditions of Sale
Thank you for shopping at elliottmotorcycles.com. We hope you enjoy our online store and our products and services which have been created with you in mind.
This online store is operated by Elliott Industries Pty Ltd trading as Elliott Motorcycles ACN 618 593 598 (Elliott Motorcycles). In these terms and conditions, the expressions we, us and our are references to Elliott Motorcycles.
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on our store and so will apply to any purchase made after that notification. Your continued use of our store following such notification will represent an agreement by you to be bound by the terms and conditions as amended. Please review the terms and conditions each time you visit our store. We recommend that you save or print a copy of the terms and conditions of sale for future reference when you purchase something.
Elliott Motorcycles products and services may also be offered for viewing and sale by one of our authorised resellers. Please contact us if you are unsure of whether an Elliott Motorcycles product offered by another entity is genuine and/or lawful.
Use of Our Store by You
No Unlawful or Prohibited Use
As a condition of your use of our store you warrant to us that you will not use our store for any purpose that is unlawful or prohibited by these terms of sale or any other terms that apply to your use of our store. You must not use our store in any manner that could damage, disable, overburden, or impair our store, any Elliott Motorcycles information technology systems, equipment or network infrastructure, or interfere with any other party’s use and enjoyment of our store. You must not attempt to gain unauthorized access to our store, other users’ accounts, Elliott Motorcycles information technology systems, computer systems, equipment, network infrastructure, through hacking, password mining or any other means. You may not use our store in a way that infringes rights of third parties, including wilfully harming a person or entity, including Elliott Motorcycles.
Materials You Provide
You retain all intellectual property rights in, and ownership of, the materials you provide to us (including feedback, ratings, and suggestions) or post, upload, input or submit to our store for review by others (Your Materials). However, you grant us a worldwide, royalty free, perpetual, irrevocable, sub-licensable licence to use, modify, reproduce, disclose, publish and transmit to third parties Your Materials. If you publish your submission in areas of our store where it is available broadly online without restrictions, your submission may appear in demonstrations or materials that promote our store. You warrant and represent that you have (and will have) all of the rights necessary to make any submission you provide and to grant this licence to us.
We are under no obligation to post or use any of Your Materials and we may remove any of Your Materials from our site at any time in our sole discretion. We are not responsible for Your Materials or the material third parties post, upload, input or submit to our store. Such materials are neither attributable to us nor do they represent our opinion.
Links to Third-Party Websites
Our store may include links to third-party websites that let you leave our store. These linked sites are not under the control of Elliott Motorcycles and we are not responsible for the contents of any linked site or any link contained in a linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Elliott Motorcycles of the site. Your use of the third-party website may be subject to that third-party’s terms and conditions.
Sale of Products to You
You may place an order for one or more of the products or services displayed on our store. We may accept or reject an order in our discretion at any time.
If we notify you that we accept your order, then:
- subject to payment of the purchase price for each product in your order, including the cost of delivery for that order (Purchase Price), and our right to cancel an order, we will supply the products contemplated by that order to you; and
- You buy the products contemplated by that order for the Purchase Price.
Product availability may vary depending on your region. In addition, there may be limits on where we can ship product, provide services or digital content. To complete your order, you are required to provide a valid billing and shipping address. We will advise you if we are unable to supply to you based on that address.
End Users Only
You must be an end user to purchase products from our store. Resellers are not eligible to purchase from our store. Resellers are required to contact us for approval and execute a separate supply agreement with us prior to the resale of any Elliott Motorcycles product.
Products acquired from our store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.
Purchase Price, Title and Risk
Where you purchase products:
- title to the products passes from us to you when you pay us the Purchase Price for those goods in full; and
- you bear the risk relating to the products from the time those products are dispatched by us or at our request.
By providing us with a payment method, you:
- represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate;
- authorize Elliott Motorcycles to charge you for any products or services purchased, using those payment details; and
- authorize Elliott Motorcycles to charge you for any paid feature of our store that you choose to sign up for or use.
You must only use our products in accordance with the the specifications provided to you in respect of each product (if any), as amended from time to time. You agree and acknowledge that while the products will match their description, the colour of the products as pictured on our store may vary from how they are presented on your device screen depending on the device used to access our store.
Availability, Quantity and Order Limits
Prices and availability of goods and services displayed on our store are subject to change at any time and without notice. We may place a limit on the quantities of products that may be purchased per order, per account, per credit card, per person, or per household.
If we elect not to accept an order, or if we subsequently cancel an order that has been accepted, and you have already paid the Purchase Price for the particular products and services, then we will:
- contact you to offer you alternative goods or services of equal value; or
- if that is not acceptable to you, refund you any amounts paid for that order.
If you do not choose to purchase the alternative goods or services offered, we will refund you any amounts paid for that order.
We may remove products and services from our store at any time. Some products and services may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. If you change region, you may not be able to access the same products and services that you had previously purchased in another region. Except to the extent required by applicable law, we have no obligation to supply products and services or replace any products that you purchased in a different region.
We will only remit refunds via electronic funds transfer to a bank account where the name of the bank account holder matches the customer name/information as provided to us at the time of purchase.
By ordering and/or purchasing an Elliott Motorcycles product you acknowledge and agree that you are responsible for any additional bank fees charged by your financial institution and/or payment provider in connection with your order, including (but not limited to) international transaction fees (if any) and foreign currency conversion fees (if any) when processing refunds for cancelled orders made outside of Australia.
Prices shown are in Australian dollars.
If our products are offered for sale by a reseller in your country or region, the prices, product selection and promotions offered there may be different from those on our store. We do not guarantee that a price, product or promotion offered on our store will also be available or honored at a reseller’s store or vice versa.
Our store does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items.
Unless stated otherwise, prices shown in our store do not include taxes, shipping/delivery costs and other charges, that may apply in connection with your order. This is typically because these charges are not known until your full order details (including shipping address) are known. Taxes, shipping/delivery costs and other charges (as applicable) will be added to the amount of your purchase and shown on the check-out page prior to finalising your order. You are solely responsible for paying such taxes, shipping/delivery costs and other charges.
Shipping and Deliveries
Payments to You
If we owe you a payment, then you agree to promptly and accurately provide us with any information we need to make that payment to you. Except for payment(s) made pursuant to our Returns Policy, you are responsible for any taxes and charges you may incur as a result of this payment to you. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce a payment owing to you without notice to adjust for any amounts you owe us.
All customer service queries are to be submitted to Community and Customer Support via email@example.com. We will always endeavour to respond to your queries as soon as possible.
You acknowledge that you are authorised to place an order and to perform any other obligations required of you under these terms and conditions.
Privacy and Protection of Personal Information
Errors in Store Presentation
We work hard to publish information accurately, update our store regularly, and correct errors when discovered. However, any of the content in our store may be incorrect or out of date at any given time. We reserve the right to make changes to our store at any time, including to product prices, specifications, offers and availability.
Termination of Use or Access
We may terminate your ability to purchase products or services, or post comments or feedback through our store at any time for any reason, including, without limitation, if you are in breach of these terms and conditions or any other Elliott Motorcycles policies, or if our store is no longer operated by Elliott Motorcycles. By using our store, you agree to be responsible (in accordance with these terms and conditions) for any orders you make or charges you incur prior to such termination. We may change, discontinue, or otherwise suspend our store at any time, for any reason, and without prior notice to you. If such a change, discontinuance or suspension impacts your use of a product, or otherwise disrupts your order, please contact Community and Customer Support via firstname.lastname@example.org.
Location of Manufacture
Most of our motorcycle parts are made in Australia. Some are made in the USA. Please refer to the item description for the product you are ordering to see where it has been made.
Our other products including (but not limited to) apparel and lifestyle offerings are printed in Australia onto items made in several locations around the world.
We require that our entire supply chain provide safe, fair, legal and humane working conditions to those involved in the process of design, manufacture, packaging and transportation of goods for Elliott Motorcycles.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Many products available in our store come with voluntary warranties. The warranty period for these voluntary warranties varies between each of our products. Therefore, please refer to the relevant warranties made available with those products for specific details on the applicable warranty period and for how to resolve issues that are covered by those voluntary warranties.
In order to claim a warranty in relation to our products, you must:
- cease using the product when the fault arises
- contact us using the following details to submit your claim:
Community & Customer Support
136 Mitchell Street
Glebe NSW 2037 Australia
+61 432 600 929
- provide your full name and contact details including address, phone number (with country/region codes for all locations other than Australia) and email address
- state the product/s which have a fault
- provide a copy of the purchase receipt including date of purchase
- provide the serial number where possible (the serial number will be stated on the original packaging)
describe the nature of the fault
You will be responsible for expenses associated with any warranty claim.
Elliott Motorcycles and its suppliers, distributors, resellers, and content providers make no additional representations, warranties, or guarantees, about the products and services, including for merchantability, satisfactory quality, fitness for a particular purpose, title, or non-infringement of third party intellectual property rights under these terms and conditions.
We do not guarantee the accuracy or timeliness of information available from our website and store. You acknowledge that computer and telecommunications systems are not fault-free and occasional downtime occurs. We do not warrant that access to our website and store will be uninterrupted, timely, secure, or error-free, or that content loss will not occur.
Limitation of Liability
Nothing in this limitation of liability shall exclude or limit any mandatory consumer protections that are available to you or any other liability which cannot be excluded by law. If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by us in connection with this agreement and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then the limitations of liability set out in these terms and conditions do not apply to that liability and instead our liability for such failure is limited to (at our election), in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.
Subject to the first paragraph of this ‘Limitation of Liability’ section, our liability to you for any loss or damage howsoever caused (including by our negligence), suffered by you in connection with these terms and conditions is limited to the price paid for the relevant goods or services. This limit is an aggregate limit for all claims, whenever made.
Subject to the first paragraph of this ‘Limitation of Liability’ section, we are not liable for any consequential loss howsoever caused (including by our negligence), suffered or incurred by you in connection with a product or service. Consequential loss means, loss of revenues, loss of reputation, loss of profits, consequential loss, loss of actual or anticipated savings, loss of bargain, indirect loss; lost opportunities (including opportunities to enter into arrangements with third parties), and loss or damage in connection with claims against you by third parties. Elliott Motorcycles will not be in breach of this agreement as a result of or liable to you for any failure or delay in the performance of our obligations under this agreement to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event. A Force Majeure Event is any occurrence, event or omission outside our reasonable control, including a physical natural disaster including fire, flood, lightning or earthquake, war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law, epidemic or quarantine restriction, ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel, confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any Government Agency, law taking effect after the date of this document, and strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that specific to us or our subcontractors.
We may assign, transfer or otherwise dispose of our rights and obligations under these terms and conditions, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these terms and conditions of sale.
Law and Disputes
The laws of New South Wales, Australia govern our store. By accessing our store to browse, view, acquire, purchase, rate and review goods and services you accept and submit to the non-exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from those courts for all disputes arising out of or relating to these terms and conditions of sale.