Warranty & Website Terms & Conditions
CIO BIKES TERMS AND CONDITIONS
At Cio Bikes, we pride ourselves on our high performance, beautifully hand crafted and high quality products. Bicycle products, however, can have a limited service life. We have set out everything you need to know in this document, including information about our warranty, your rights and our returns policy.
WHEN THESE TERMS APPLY
- These terms and conditions (“Terms”) apply to the purchase and sale of “Cio” bicycle frames, sold by Cio Bikes Pty Ltd (ACN 614 547 465) (“Cio Bikes”, “we”, “us” or “our”) or its authorised affiliates. The Terms are subject to change, without prior notice, in Cio’s sole discretion. By purchasing a “Cio” bicycle frame from Cio’s website and clicking “I accept the terms and conditions”, you are agreeing to these Terms.
- Acceptance / contract formation. When you place an order with us, you are offering to buy, under these Terms, the product set out in your order. All orders must be accepted by us, in our sole discretion. We can choose not to accept any order for any reason. Once we accept your order, we will send you an order confirmation with the details of your order and an agreement incorporating these Terms and the information in your order request will be formed between you and us.
- End consumers only. These Terms, including the Warranty described below, apply only to end-consumers and will not apply to wholesalers, retailers or distributors of “Cio” bicycle frames. Separate terms apply. If you want to distribute our products, we’d love to talk to you! Get in touch. You represent and warrant that you are buying your “Cio” bicycle frame for your own personal use and not for resale or export.
PAYMENTS, SHIPMENT AND CANCELLATIONS
- Price and payment. All prices on our website are inclusive of GST but exclusive of shipping and any transaction fees or import duties or other levies or taxes. You will be notified of all transaction fees and the shipping and handling costs associated with your order at the time of placing your order through our website. At the time of placing your order, you will be charged and you agree to pay a non-refundable deposit of 30% of the frame price and associated transaction fees to secure your order and a place in our production queue. We will inform you once your frame is ready for shipping and you agree to pay the outstanding balance of the frame price and all shipping and handling costs as set out in your order confirmation within 14 days of such notice and prior to us shipping the frame to you. If you paid your non-refundable deposit by credit card, you authorize us to charge the outstanding balance and all shipping and handling costs to that credit card. If you do not pay the outstanding balance of the frame price and all shipping and handling costs as set out in your order confirmation within 30 days of notice that your frame is ready, we may cancel your order and retain your non-refundable deposit.
- Processing and shipment. Orders received by Cio Bikes shall be completed within the period as specified by Cio Bikes on our website or in your order confirmation. It takes approximately 6 weeks to complete each frame once a production slot becomes available. Delays in the delivery time, however, do not give you the right to cancel your order, or to claim damages. Title and risk of loss pass to you upon our delivery of the frame to the shipping company / common carrier. All liability for breakage and / or non-delivery to you will be determined by the shipping company’s / common carrier’s terms and conditions of carriage.
- You can cancel your order any time before receiving an order confirmation from us. Cancellations and changes to orders may be accommodated during the manufacturing process, but acceptance will be subject to the stage of production and will be at the sole discretion of Cio Bikes. If we agree you can cancel your order during the manufacturing process, we may retain your non-refundable deposit. No cancellation of orders will be accepted after the time of shipment. Changes to orders after the initial order date may delay the delivery date of your “Cio” bicycle frame.
WARRANTY AND LIMITATION OF LIABILITY
- Minimising riding risk. We recommend your bicycle frame is regularly checked for signs of wear and fatigue. Have a qualified bicycle mechanic assemble the frame and regularly inspect the frame and all parts for fatigue, wear, cracks, deformation, surface damage including timber movement and integrity, and where applicable, corrosion. Any component that is worn, lost its structural integrity, or shows signs of fatigue or damage should be replaced immediately. If you have any concerns at all regarding the integrity or condition of your Cio bicycle frame, contact us immediately.
- Intended use. “Cio” bicycle frames, depending on the style, are engineered for road or track riding (as described on our website). “Cio” bicycle frames are not intended for competitive racing, off-road / rough terrain conditions, jumping or other activities which involving riding the bicycle in severe conditions or climates.
- Weight limit. “Cio” bicycle frames are suitable for riders who weigh below 110kg / 240 lbs.
- Cio Bikes provides a 3-year warranty against defects in materials and workmanship. Cio Bikes also provides a 1-year warranty against defects in paint finish and decals. The preceding warranties are collectively called the “Warranty” in these Terms. The Warranty is non-transferable and applies only to the original owner. The warranty periods will not be extended if we repair or replace a warranted product. To the extent permitted by law, Cio Bikes makes no other warranties, guarantees or representatives and excludes all other warranties, guarantees and representations, including any implied warranties, guarantees and representations. For customers purchasing through an authorized re-seller, to be eligible for this warranty and for our crash replacement program, new owners must register their products with Cio Bikes within 90 days of purchase using our online registration form at ciobikes.com/pages/register.
- Australian Consumer Law. You have certain rights under the Australian Consumer Laws and the Warranty is in addition to any rights which you may be entitled to under the Australian Consumer Law. The Warranty is not intended to exclude, restrict or modify any such statutory rights you may have.
- Warranty exclusions. The Warranty, and, to the extent permitted by law, any warranty, guarantee or representation, implied by law, does not cover:
- Normal wear and tear;
- Damaged resulting from misuse, mistreatment, impact, accidents, improper assembly or maintenance, repairs undertaken by persons other than Cio Bikes, use with incompatible components or any other cause which is not a material or workmanship defect;
- Use beyond the intended design and use including commercial or competitive use;
- Damage to the timber surface or finish as a result of prolonged exposure to water, direct sunlight or extreme temperatures above 60 degrees C and below 0 degrees C;
- Damage resulting from the degradation or damage to the paint
- Damage caused by use by a rider who is heavier than the stated weight limit; and
- Second-hand, refurbished, refinished or modified products.
Please refer to our care instructions, supplied with your frame or available for download here for more information about how best to care for your Cio products.
- Limitation of liability. To the extent permitted by law, Cio Bikes’ total liability in connection with any rights and remedies you have under applicable law (including the Australian Consumer Law), under the Warranty and these Terms and your sole remedy is, at Cio Bikes’ sole election, the repair, or the cost of repair, or the replacement or the cost of replacement of your “Cio” bicycle frame. Notwithstanding anything else set out in these Terms, and to the extent permitted by law, Cio Bikes shall not be responsible for any indirect, consequential or incidental loss or damages, including, without limitation, damages arising from personal injury, property damage and economic loss, whether based in contract, negligence, warranty, product liability or any other theory.
CLAIMS AND RETURN PROCEDURE
- Returns and claim procedure. All warranty claims must be made through Cio Bikes. You can contact us here. You must provide your name, address, email address and a telephone number as well as a copy of your original invoice showing proof of purchase and a detailed description of the problem encountered. You will be responsible for the costs of returning the frame to us for our assessment. You will retain the risk of loss of your “Cio” bicycle frame until it is delivered to our workshop.
- Crash replacement program. We offer a “crash replacement” program to the original owners of “Cio” bicycle frames. The terms and conditions may vary, please contact us if your “Cio” bicycle frame is damaged in a crash.
OTHER LEGAL STUFF
- Force majeure. Cio Bikes shall not be liable for delay in performing or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control.
- Applicable law. These Terms and any dispute, claim or other matter arising out of or relating to these Terms or the sale of any “Cio” bicycle frame are exclusively governed by the laws of Queensland, Australia and you unconditionally agree to submit to the exclusive jurisdiction of the Courts in Queensland, Australia in respect of any such dispute, claim or other matter.
- If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.