Terms and Conditions

Last Updated 17th April 2024

PLEASE READ CAREFULLY BEFORE PLACING AN ORDER.

By clicking on the "ACCEPT" button below you agree to the terms of this contract (the “Contract”) which will be between M BELLO FLORES & E.M TAIT (ABN: 82 145 829 051) (the “Company”) for the purchase of any model of Ezriderz E-Bikes (the “Product”).

OUR CONTRACT WITH YOU

• You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

PRODUCT SPECIFICATIONS

• The images of the Product on our website are for illustrative purposes only and the actual Product may not reflect the exact colour as displayed on the website.

• The Product that was ordered shall be in accordance with the product specification details included in the Order Confirmation email that you receive upon payment.

• The product specifications included in the Order Confirmation may be different from the product description included for each product on the website, if required by any laws and regulations. 

PRODUCT PURCHASE

• The order you place via our website (“Order”) shall only be deemed accepted by us, and a contract formed upon you receiving a payment confirmation from us via email (“Order Confirmation”). To receive a payment confirmation from us, you must fully pay the due amount in the manner specified in the PAYMENTS Clause below.

USE IN ACCORDANCE WITH LAW

  •  You agree to use The Product in accordance with the law only. Laws around the use of electric bikes vary from state to state and it is your responsibility to seek information about the laws from your local jurisdiction to ensure you are using The Product legally. Some electric bikes are intended for use on private property only.

SAFE USE AND STORAGE

  • You agree to use and store The Product safely including following our battery safety guidelines, which can be found on our website (Battery Safety)

PAYMENTS

• The prices of the Goods will be as quoted on our website (inclusive of GST) at the time you submit your Order. The Order price and all applicable delivery charges shall be calculated at check out and paid at the time of placing the order.

• Where you request and nominate a delivery of the Goods to an address, the delivery charges shall be as follows:

we offer free delivery for Orders above AUD$ 500.00 to major cities in New South Wales, Queensland and Victoria. Cities that qualify under this clause will be as listed in the online order form; and

a delivery fee of up to AUD$ 199.00 will apply for all other delivery locations. The exact fee will be provided during checkout based on the delivery address.

• Any priority shipping arrangements if a delivery is urgent, must be coordinated with the Company via email.

• Payment methods: You can pay for Goods using Apple Pay Google Pay, PayPal, Shop Pay, Union Pay Visa, Zip Pay, AfterPay, MasterCard, Visa debit card or any credit card.

DELIVERY

• Time period for local delivery: The estimated delivery date will range within three (3) to twenty (20) days upon the Order Confirmation depending on your location address (in Australia) and order quantity.

• Accepting local delivery: The Company will not be liable for any delay or failure to deliver due to your failure in providing correct and/or adequate delivery instructions or repeatedly failing to accept delivery for any reason. If the delivery service is unable to reach you and formally informs the Company of their inability to deliver, we may cancel and recall the order and may resell part of, or all the Order.

• Showroom pickup: Customers who wish to collect the order in person, free of charge, may do so from our showroom located at Unit 3, 74 Centennial Circuit
Byron Bay - Industrial Estate, Australia. The order must be collected within seven (7) days upon receiving an email confirming that the Product is ready for pick up. If you fail to collect the Order within seven (7) days, we may resell part of, or all the Order. We shall repay you the price you paid for the Product after deducting reasonable storage, insurance, selling costs (including cost of delivery) and any shortfall between the resale price and the price you paid for the Product.

• International delivery: International delivery is currently not accepted.

EVENTS OUTSIDE OUR CONTROL

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

• If an Event Outside Our Control takes place that affects the performance of our obligations under this Contract, we will notify you as soon as reasonably possible.

• If the delivery of your order is affected due to an Event Outside Our Control, we will arrange a new delivery date with you after the Event Outside Our Control is over or arrange a refund to you deducting and delivery and other related costs.

ASSEMBLY AND MAINTENANCE

  • The Product will be delivered in a flat pack, 80% pre-assembled along with an instruction manual. The customer is responsible for completing the assembly and agree that they have the necessary skills and ability to do so. If the customer does not have the required skills, they must seek professional assistance to complete the assembly.
  • Orders that are collected by the customer at the showroom as per Clause 5.3, will receive a 100% assembled ready to ride Product.
  • You agree to strictly follow all battery safety guidelines provided on our website.
  • It is vital that you regularly service the Product or your warranty will be compromised. Your first service should be around 800KM to check the spokes, brake cables, gear cables and lubricate the chain. Thereafter you should service your bike at 500- 800KM intervals.

RETURNS & REFUNDS

You may not cancel or change the Order once it has been placed, except for any money back promotions we are running.

You must check your package for any physical damage prior to accepting delivery and if there are any damages you must not accept delivery. We will not be liable for Products which are damaged in transit if the Proof of Delivery (POD) is signed and goods are accepted.

Returns: If there is an issue with the Order, you must inform us within forty-eight (48) hours of receipt of delivery with photographic evidence. If we are satisfied that the Product has not been damaged in transit and that they are faulty or misdescribed, we will inform you in writing that you can return the Product to us (“Recall E-mail”). The Product must be returned without undue delay and in any event not later than fourteen (14) days after the Recall E-mail.If we have offered to collect the Product from you, we will collect it from the address to which they were delivered.

Refunds: Once we receive the Product, we will do a full refund (including any cost of return) by way of a bank transfer to a bank account nominated by you. However, if returned Products are found to be in full working condition, the Product will be returned to you and cost of handling and re-delivery charged to you.

WARRANTIES

• Warranties are only applicable in Australia.

• We provide a warranty period of one (1) year from delivery, for the main Product. However, the components of the Product may have different warranty period as specified in this Contract.

• Warranties for components will be as follows:

Motor and Controller - One (1) year

Frame - Three (3) years

Charger - One (1) Year

• Components subject to wear such as tyres, inner tubes, brake lines, brake pads, basket, wheel lining tape, light bulbs, LEDs, fuses, etc are not covered by the warranty.

• The warranties in this Contract will be voided by any of the following circumstances:

Failure to follow all directions or recommendations listed in this warranty and user’s manual.

Cycling collision, accident or vehicle damage caused by careless parking or storage.

Acts in violation of laws and regulations.

Failure to perform service or maintenance on components.

DIY repairs on electronic components.

Abusive use the vehicle in off-road terrain, mud, snow, water, sand, gravel and water puddles.

Vehicle is used as a rental unit or taxi.

Damages caused by natural disasters such as earthquakes, lightning, fire, flooding and other hazards.

Rust and/or paint fading caused to heavy exposure to rain, hail, snow or sunlight.

Overloading beyond recommended capacity.

Damages caused by nails, needles, broken glass, debris, sharp rocks or other foreign objects.

Vehicle is used but not limited to stunts, jumping from ramps, stairs or elevated surfaces.

Vehicle is used in competitions or racing.

Vehicle has been modified for any purposes on the motor, electrical system, suspension frame, wheels.

Use of other components not approved by the Company and/or manufacturer.

Damages resulted from improper transportation due to the nature of the product.

• If the warranty is void for any reason the customer shall bear any repair or replacement costs resulting from vehicle misuse, negligence or abuse. Always follow care and preventive maintenance procedures. Always keep receipts from any services performed to the vehicle by an authorised distributor or service centre.

REPAIRS

• In the event the Product require repair during the warranty periods set out above, we may, at our sole discretion, provide the necessary repair parts and furnish you with instructions on how to complete the repair.

• Alternatively, we may, at our discretion, provide the necessary repair parts to you and arrange for an external repair company to complete the repair on your behalf. In such circumstances, we shall be responsible for paying the invoice from the external repair company.

INDEMNITY

You hereby agree to fully indemnify and hold harmless the Company and its affiliates, officers, employees and representatives from and against any claim brought by a third party against any and all claims, demands, losses, costs, actions, proceedings, claims, damages, expenses, including legal costs and expenses or liabilities, arising out of or in connection with your use of this website or Product or your breach or non-observance of these Terms and the Contract.

This indemnity shall include, but not limited to, any claims of personal injury, property damage, or infringement of any third-party rights arising from your use, misuse or modification of the Product.

You shall defend and pay all costs, damages, awards fees, including legal fees and judgments awarded against us arising from or out of the above claims, and shall provide us with notice of such claims, and reasonable assistance necessary to defend such claims at your sole expense.

OUR LIABILITY

• We only supply the Product for personal non-commercial use, and you agree not to use the Product for any resale purposes.

• Nothing in these Terms limits or excludes our liability for:

• death or personal injury caused by our negligence;

• fraud or fraudulent misrepresentation;

• breach of the terms implied by section 17(2) of the Sale of Goods Act 1923 (title and quiet possession) or section 52 of Australian Consumer Law (“ACL”); or

any other liability that cannot be limited or excluded by law. Where any law (including schedule 2 of the ACL) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

• Subject to the clause above, we will under no circumstances be liable to you for the loss of goodwill or any indirect or consequential loss.

• Our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed 50% of the price of the Product].

TERMINATION

We reserve the right to suspend or terminate your access to our website and/or ability to place orders if:

you breach any of these Terms;

we reasonably suspect that you have engaged in fraudulent activity in connection with the website or the Orders; or

we are required to do so by law or a regulatory authority.

DISPUTE RESOLUTION

The parties must attempt to resolve any dispute through negotiation. Is the dispute is not resolved within thirty (30) days (or longer period as agreed between the parties) either party may resort to mediation.

GENERAL

Failure by a party to enforce or delay in enforcing any right or provision of this Contract will not constitute a waiver of such right or provision unless acknowledged by in writing.

The parties may not vary or amend this Contract other than by a subsequent written document signed by both parties.

If any clause of this Contract is invalid or unenforceable, that clause must be read down, if possible, so as to be valid and enforceable. If that provision cannot be read down, then it is to be severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Contract.

This Contract is governed by the laws of the State of New South Wales. The parties submit to the jurisdiction of the State of New South Wales.