Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE

The site is operated by Scribbler Family Pte. Ltd., 16 RAFFLES QUAY, #33-03 HONG LEONG BUILDING, SINGAPORE (048581), Company Registration No.: 201213823M. 

Subject to these Terms of Use, Scribbler Family Pte. Ltd. (referred to herein as "bikefairings.com.au", "we," "us" and "our") provides you with access to our web sites, including without limitation http://www.bikefairings.com.au (each referred to herein as the "Web Site" and collectively referred to as the "Web Sites").

bikefairings.com.au reserves the right to take any such action as it deems necessary in the event that it suspects any fraudulent or unlawful activity, including without limitation, terminating access to the Web Site, terminating any bikefairings.com.au accounts and/or cancelling any order for products.

  1. Acceptance of Terms of Use

BY ACCESSING, USING AND/OR PURCHASING PRODUCTS AT THIS WEB SITE, YOU ARE AGREEING TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT ACCESS, USE OR PURCHASE PRODUCTS AT THIS WEB SITE.

These Terms of Use are available at a link at the bottom of each page on the Web Site. We reserve the right to change these Terms of Use at any time and from time to time. Please check these Terms of Use before using the Web Site to determine whether a change has been made. Your continuing access to or use of the Web Site confirms your unconditional acceptance of the then-current Terms of Use in their entirety. If you do not agree to the changes in the Terms of Use as they occur, you should exit and not use the Web Site.

From time to time, bikefairings.com.au may supplement these Terms of Use with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on the Web Site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

  1. Use of Web Site

You may browse and use the Web Site solely for your personal, non-commercial purposes and in compliance with these Terms of Use. You may not distribute, modify, transmit, publish, reuse, repost or use the Web Site or any content made available on the Web Site: (i) for public or commercial purposes without the express written permission of bikefairings.com.au; (ii) in a manner inconsistent with these Terms of Use; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Web Site or interfere with any other party's use or enjoyment of the Web Site, misrepresenting or damaging to our brand.

You will not use the Web Site for junk mail, 'spamming' solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You will not transmit, distribute, introduce or otherwise make available in any manner through the Web Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Web Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Web Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Web Site. If you download software or any other content from the Web Site, you do so at your own risk.

  1. Copyright and Trademarks

The Web Site and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Web Site (the "Content") are the property of, or used with permission by, bikefairings.com.au and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Web Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.

Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Web Site are registered and unregistered trademarks, trade names and service marks owned by bikefairings.com.au and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Web Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by bikefairings.com.au. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Site without bikefairings.com.au's written permission or the written permission of such third-party owner.

  1. User Communications

You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with bikefairings.com.au on the Web Site or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively "User Communications"). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. bikefairings.com.au does not endorse or sponsor any such User Communications submitted by you or other users of the Web Site. We reserve the right to terminate and/or deny you access to the Web Site if we determine, in our sole discretion, that you are violating these Terms of Use, or applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.

Subject to the terms and conditions set forth in our Privacy Policy (linked at the bottom of each page in the Web Site), all User Communications will be treated as non-confidential and non-proprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgement or attribution. You hereby grant to bikefairings.com.au and our affiliates and/or designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivative works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgement, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Web Site and have all relevant licenses and consents from any relevant third parties. Further, bikefairings.com.au and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send to the Web Site for any purpose whatsoever including without limitation developing, manufacturing and marketing products.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. bikefairings.com.au will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify bikefairings.com.au of any objectionable User Communications. We retain the right to remove any or all User Communications in our sole discretion.

  1. Personal Information/Privacy Policy

We value your privacy and are committed to safeguarding your personal information. Please refer to our Privacy Policy (linked at the bottom of each page in the Web Site) for details about what information we collect on this Web Site and how we use and share such information.

  1. Termination/Suspension

We may suspend or terminate your use of the Web Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice. Additionally, we may cancel any order placed through the Web Site at any time in our sole discretion.

  1. Purchasing Products; Returns

7.1. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. We deliver free of charge around the world, with the exception of locations stated in the FAQ section or unless otherwise stated on the specific product page.

In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted, we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.

7.2. Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

7.3. Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of all taxes except for delivery costs. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies

7.4. Payment

We only use Paypal as a payment method. Transactions made through Paypal are subject to the terms and conditions outlined by Paypal Pte. Ltd.

Payments made with credit card can be processed through Paypal also. 

7.5. Discount Codes

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

The conditions of use relating to any discount code will be specified at the time of issue.

7.6. Delivery

All products purchased from the Web Site are delivered pursuant to a shipment agreement. Accordingly, the risk of loss and title to such purchased products pass to you upon delivery to your address.

7.7. Descriptions

We attempt to describe our products as accurately as possible. However, errors do occur. If a product purchased on the Web Site does not conform to the product description, your sole and exclusive remedy is to return the unused product.

7.8 Cancellations, returns and exchanges

When you shop with us, we want you to be completely satisfied. If you are not satisfied with a purchase made at the Web Site, you may return it for a refund of the purchase price you paid. We can only accept returns purchased through this Web Site.

Send your unused item in the original packaging to us within 7 days upon receipt of the items, along with a copy of your purchase receipt to our warehouse located in China. Return shipping will be paid by the buyer.

Once received and checked for quality, we will issue you a credit to your Paypal account. If we believe that the product you have returned has been damaged, we will not be able to provide a full refund. We do not take title to returned products until the item arrives at our returns department. Alternative returns policies may apply to particular products and product lines.

We do not accept exchanges.

We cannot cancel orders 24 hours after the purchase time.

If you have any questions about our returns process, please contact customer services.

  1. Linking

This Web Site may contain links to other web sites that are not owned, operated or controlled by bikefairings.com.au or its affiliates (each a "Third-Party Site"). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Web Site. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Web Site, you do so entirely at your own risk.

If you intend to create any link from another web site to any page on this Web Site, you will inform us via email at: info@bikefairings.com.augear.com. We reserve the right to prohibit any such link at any time. Any permitted links to the Web Site must comply with all applicable laws, rules, regulations and orders and any applicable bikefairings.com.au policies. Running or displaying the Web Site or any Content in frames or similar means on another web site without our prior written permission is prohibited.

  1. Product Warranty

Our products come with the guarantees, which cannot be excluded under Singapore Consumer Law. You are entitled to a 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. You may also be entitled to remedies that cannot be excluded under the Singapore Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Singapore Consumer Law.

Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantee provisions under Singapore Consumer Law and bikefairings.com.au´s liabilities under those provisions:

9.1. You acknowledge that this Website is provided “as is” and that we do not make any warranty or representation as to the suitability of the Website or a Product for any purpose.

9.2. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Website or the subject matter of this agreement.

  1. Limitations of Liability

IN NO EVENT WILL bikefairings.com.au BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEB SITE OR CONTENT OR RESULTING FROM, ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE EXTENT POSSIBLE UNDER THE SINGAPORE CONSUMER LAW, EXCEPT AS EXPRESSLY STATED ON THIS WEB SITE, bikefairings.com.au MAKES NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE WEB SITE.

  1. Indemnification

Unless prohibited by applicable law, you agree to indemnify and hold harmless each of bikefairings.com.au, its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or related to your use of this Web Site OR ANY CONTENT, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.

  1. Governing Law; Arbitration

We provide our Web Site from our offices within Singapore. We make no representation that the content on our Web Site is appropriate, legal or available for use in other locations. These Terms of Use shall be governed by and construed in accordance with the laws of Singapore, without giving effect to its conflicts of law provisions. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any controversy or claim arising out of or relating to these Terms of Use, your use of the Web Site or your purchase of any products from the Website shall be settled by the court at the venue of Scribbler Family Pte Ltd.

Notwithstanding any other provision in these Terms of Use, bikefairings.com.au may commence suit in court to enjoin infringement or misappropriation of intellectual property rights or confidential information.

  1. Remedies for Breach of these Terms by You

Without limiting any other rights or remedies, in the event that bikefairings.com.au determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct that bikefairings.com.au deems to be inappropriate or unacceptable in its sole discretion, bikefairings.com.au reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Web Site; (iii) discontinue your access to the Web Site, (iv) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which bikefairings.com.au deems to be appropriate.

If your ability to access and/or use the Web Site or any other service provided to you by bikefairings.com.au is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Web Site, any other service provided by bikefairings.com.au, through use of a different member name or otherwise.

  1. Copyright Complaints

We respect the intellectual property of others, and we expect users of the Web Site to do the same. If you believe that your work has been copied and is accessible on our Web Site in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:

Scribbler Family Pte. Ltd.,
16 RAFFLES QUAY,
#33-03 HONG LEONG BUILDING,
SINGAPORE (048581)
or, via e-mail to: info@bikefairings.com.au

 

All claims of copyright infringement must be in writing and must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our Web Site where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  1. Children

Access to and use of the Web Site is made available only to people who can form legally binding agreements under applicable law. The Web Site is intended for a general audience and is not intended to be used by minor children. Children accessing the Web Site should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Web Site, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Web Site; and (iii) the consequences of any use of the Web Site by such Minor.

  1. Miscellaneous

In the event that any provision of these Terms of Use conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect. Any failure by bikefairings.com.au to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of bikefairings.com.au's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

You represent to bikefairings.com.au that you have the authority to access and use the Web Site according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Web Site) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email or by posting notice on this site. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.

  1. Contact Us

We welcome your comments and questions. Please contact us at:

e-mail: info@bikefairings.com.au