Terms of service
These Terms of Service govern your use of the Balmain Bicycle Mechanic website and the purchase of goods and services from Balmain Bicycle Mechanic.
By using this website, placing an order, booking an appointment, approving a quotation or engaging Balmain Bicycle Mechanic to provide goods or services, you agree to these Terms of Service and any policies incorporated into them.
1. About Balmain Bicycle Mechanic
Balmain Bicycle Mechanic provides bicycle servicing, repairs, restoration, assembly, sales, assessments, appraisals and related bicycle services and products.
Our workshop operates primarily by appointment. Availability of appointments, products and services may vary.
2. Australian Consumer Law
Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Your rights under these guarantees are in addition to any rights or remedies expressly provided by Balmain Bicycle Mechanic.
Where goods or services fail to comply with an applicable consumer guarantee, the remedies available to you will be determined in accordance with the Australian Consumer Law.
3. Service & Collection Policy
Bicycle servicing, repairs, assessments and related workshop services are also subject to our Service & Collection Policy.
The Service & Collection Policy forms part of these Terms of Service and includes provisions relating to service authorisation, estimates, additional work, payment, deposits, cancellations, safety, collection timeframes, storage, uncollected goods, customer-supplied parts and workshop conditions.
If there is any inconsistency between the Service & Collection Policy and these Terms of Service, these Terms of Service prevail, subject always to applicable law.
4. Services, Assessments & Quotations
Service descriptions and prices published on our website provide general information about the services offered by Balmain Bicycle Mechanic.
The appropriate service or repair scope for an individual bicycle may depend on its condition, configuration, age, service history and the work required.
Initial estimates may be based on a visual assessment. Some faults, wear or other issues may only become apparent during servicing, disassembly or closer inspection.
Where additional chargeable work outside an agreed scope is identified, approval will normally be sought before that additional work proceeds, in accordance with our Service & Collection Policy.
A quotation is an estimate of the work reasonably anticipated at the time it is prepared unless expressly stated to be a fixed-price quotation.
5. Prices & Payment
Prices are displayed in Australian dollars unless otherwise stated.
Prices for goods and services may change from time to time. A price change will not alter the price of goods already purchased or work already expressly agreed at a fixed price, except where the agreed scope subsequently changes with your approval.
All services, repairs and purchases must be paid in full before collection or dispatch unless otherwise agreed in writing.
Additional fees, deposits, storage charges and other workshop charges may apply as described in our Service & Collection Policy or agreed quotation.
6. Deposits, Special Orders & Custom Work
A deposit may be required for special orders, pre-orders, custom bicycle builds, restorations and other work involving reserved workshop time, specially sourced components or supplier commitments.
Where work has commenced, workshop time has been reserved or goods have been specially ordered, allocated or acquired for a customer, some or all of a deposit may be retained to the extent permitted by law and reasonably necessary to cover costs or commitments already incurred.
Any rights you may have under the Australian Consumer Law are not affected by this section.
7. Products & Availability
All products are subject to availability.
We make reasonable efforts to ensure that product descriptions, specifications, photographs and pricing are accurate. Colours and appearance may vary according to lighting, photography and the device on which images are viewed.
Vintage, restored and pre-owned bicycles and components may display age-related wear, variation, patina or other characteristics consistent with their history. Where reasonably practicable, material known defects or characteristics will be identified in the product description or otherwise disclosed before purchase.
We may limit quantities, decline an order or cancel an order where a product is unavailable, incorrectly priced, affected by an obvious listing error or cannot reasonably be supplied. Where we cancel an order after payment has been received, the amount paid for the cancelled goods or services will be refunded.
8. Bicycle Sales & Test Rides
Prospective purchasers may be offered a test ride by appointment, subject to bicycle availability, suitability and workshop approval.
We may ask a prospective purchaser to discuss the bicycle with us before confirming a test ride.
Customers are responsible for following reasonable safety instructions provided in connection with a test ride.
9. Returns, Refunds & Change of Mind
Returns, refunds and exchanges are governed by our Refund Policy and the Australian Consumer Law.
Balmain Bicycle Mechanic is not required to provide a refund or exchange merely because a customer changes their mind, chooses the wrong item or later decides that they no longer want the goods, unless we have expressly agreed otherwise.
This change-of-mind position does not limit any right to a repair, replacement, refund, cancellation or other remedy that may arise under the Australian Consumer Law.
10. Customer-Supplied Components
Installation of customer-supplied components is subject to our Service & Collection Policy.
Balmain Bicycle Mechanic may decline to install a customer-supplied component where we reasonably consider it unsuitable, incompatible, incomplete, damaged, unsafe or of uncertain quality.
Nothing in this section excludes liability for work performed by Balmain Bicycle Mechanic where that liability cannot lawfully be excluded.
11. Workshop Safety & Existing Bicycle Condition
Bicycles presented for servicing may contain pre-existing wear, corrosion, damage, modifications, previous repairs or hidden faults.
Where a safety-critical issue is identified, we may recommend additional work or decline to return a bicycle to a rideable condition where we reasonably believe doing so would be unsafe.
The treatment of pre-existing conditions, aged or seized components, modified bicycles and declined safety repairs is further described in our Service & Collection Policy.
12. Website Information
We take reasonable care to maintain accurate information on our website, but occasional errors, omissions or outdated information may occur.
We may correct typographical errors, product descriptions, availability information or pricing errors when identified.
Nothing in this section permits Balmain Bicycle Mechanic to avoid an obligation or consumer right that applies under Australian law.
13. Third-Party Services & Links
Our website may contain links to third-party websites or use services provided by third parties, including payment, booking, shipping and e-commerce providers.
Third-party websites and services may be subject to their own terms and privacy policies. Balmain Bicycle Mechanic is not responsible for the content or operation of third-party websites that we do not control.
Nothing in this section limits any responsibility Balmain Bicycle Mechanic has under applicable law for goods or services supplied by us.
14. Intellectual Property
Unless otherwise stated, the content of this website, including text, photographs, graphics, branding and original written material, is owned by or licensed to Balmain Bicycle Mechanic.
Website content may not be reproduced, republished, distributed or commercially exploited without permission, except where permitted by law.
15. Personal Information
Personal information provided through our website, bookings, purchases or communications is handled in accordance with our Privacy Policy and applicable privacy law.
16. Liability
To the maximum extent permitted by law, Balmain Bicycle Mechanic is not liable for loss or damage caused by circumstances outside our reasonable control or by the customer's misuse, alteration or use of goods or bicycles contrary to reasonable instructions.
Where liability may lawfully be excluded or limited, Balmain Bicycle Mechanic excludes or limits that liability to the maximum extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
17. Refusal or Discontinuation of Service
Balmain Bicycle Mechanic may decline or discontinue work where reasonably necessary, including where a requested repair would be unsafe, suitable parts or technical support are unavailable, a customer requests work that we consider inappropriate or unsafe, or the customer fails to comply with agreed payment or workshop conditions.
Where work has already been performed or costs reasonably incurred before a service is discontinued, those amounts remain payable subject to applicable law.
18. Governing Law
These Terms of Service and any agreement under which Balmain Bicycle Mechanic supplies goods or services are governed by the laws of New South Wales, Australia.
Nothing in this section excludes the operation of any law or jurisdiction that cannot lawfully be excluded.
19. Changes to These Terms
We may update these Terms of Service from time to time by publishing a revised version on our website.
Changes will apply prospectively and will not retrospectively alter rights or obligations arising from a transaction or service already agreed, except where required by law or agreed between the parties.
20. Entire Agreement & Severability
These Terms of Service, together with the policies expressly incorporated into them and any agreed quotation or service scope, constitute the terms applicable to the relevant transaction or service.
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or severed to the extent necessary, without affecting the remaining provisions.
A failure by Balmain Bicycle Mechanic to enforce a provision on one occasion does not constitute a waiver of that provision or any other right.
21. Contact Information
Questions about these Terms of Service may be sent to:
Balmain Bicycle Mechanic
Email: marios.elles@balmainbicyclemechanic.com
PO Box 649
Rozelle NSW 2039
Australia
Telephone: 0401 952 630
ABN 88 335 475 706