Terms & Conditions
These Terms and Conditions constitute a legally binding contract between the consumer (“you”) and Motion Racing, (“Motion Racing”) and apply to the ordering, purchasing, fulfilment and delivery of Goods from Motion Racing including from this Website (“Website”). Note that this policy applies to individuals who purchase cycling goods for personal use only i.e. it does not cover any business and wholesale accounts.
Please read the following Terms and Conditions carefully before placing your Order. The Terms and Conditions contain important information about ordering, processing, fulfilment and delivery of Goods.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms and Conditions, you must leave this Website immediately.
These Terms and Conditions may be updated periodically by Motion Racing. From time to time, Motion Racing may make revisions which will be posted to this page. You agree to be bound by any revisions.
“Consumer” means an individual who purchases goods and services for personal use.
“Goods” means those goods available from Motion Racing via the Website.
“Order” means an Order for Goods placed via the Website or by other means.
“Taxes” means any taxes (including goods and services tax and other value added taxes), levies, imports, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with any related interest, penalties, fines and expenses in connection with a transaction contemplated under these Terms and Conditions.
Communication by us
As a condition of creating an account with Motion Racing, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
- a) “Administrative Emails” involve details of account activity, Orders, offers and purchases you have made.
- b) “Promotional Emails” consist of Goods information, new offers, and information about Motion Racing. You may choose to opt-out of receiving Promotional Emails anytime by informing us or by following the instructions on those Emails.
Placing your order and forming a contract
(1) Our offerings published on the Website, in catalogues, and in our Showroom are non-binding.
(2) By placing an Order on the Website (which requires prior registration and acceptance of these General Terms and Conditions), the Consumer makes a binding offer to purchase the relevant Goods. The offer shall remain valid and binding for a period ending on the end of the 5th calendar day following the day of the offer. We are able to accept the offer within this period.
(3) Without undue delay upon receipt of the Order, we will send to the Consumer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the Order. The Order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the Order or by dispatching the Goods (we will provide you with tracking details upon written request). We do not formally accept your offer until your Order has passed our internal validation procedures for:
Verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud; and
Confirming with our suppliers that they are able to supply the cycling goods you have designed and ordered.
The sales contract with the Consumer shall not become effective until our acceptance in the manner set out in this section, and not simply by our email confirmation of our receipt of a Consumer’s Order.
(4) Despite our best efforts, the design and colour of the Goods may vary from the design in the Order or the Goods contract.
(5) You warrant to Motion Racing that all goods that you order are intended for personal, domestic and non-commercial use only.
(6) You agree and acknowledge that, if your offer is accepted by Motion Racing in accordance with these Terms & Conditions, that Motion Racing is contracting to arrange for the delivery of the relevant Goods to your nominated address.
(7) You as the Consumer will be considered the importer of record, unless expressly stated otherwise, in respect of the Goods and you must comply with all laws and regulations of the country in which you are receiving the Goods including the payment of all applicable Taxes.
(8) Motion Racing and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in their sole discretion.
Prices and Payment
(1) Our prices do not include VAT, GST or other Taxes or shipping costs unless stated. All Taxes and charges shall be borne by the Consumer.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our Order form) upon receipt of an invoice (which may be sent by e-mail and included in our notice of acceptance). Upon the Consumer’s request, to be made in the Order form, we will use our best efforts to deliver the Goods as specified in the Order form.
(3) If you decide to purchase cycling goods or other Goods from us, you agree to promptly pay the amounts due under these Terms and Conditions. If you make any purchase in a currency other than your local currency, you may be charged a currency conversion fee, foreign transaction fee and/or processing fee by your bank, credit card provider or financial institution. You acknowledge that if you trigger a “chargeback” through your credit card provider, we reserve the right to no longer conduct business with you.
(4) If we cannot process or accept your Order after payment is received, we will attempt to contact you by email or telephone.
(5) The Consumer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
Dispatch of the goods
(1) Your Order for Goods will be sourced, manufactured and delivered to you in accordance with the estimated date stated on the confirmation of your Order sent to you by Email. As all our cycling Goods are manufactured-on-demand our normal delivery time is estimated to be 8 to 12 weeks and may be longer for non-standard Orders. Because of the on-demand process, unforeseen manufacturing issues can come up from time to time. In these instances, we’ll do our absolute best to still meet the estimated timeframe but if we’re unable to, we will let you know as soon as practicable.
(2) In the event that the Goods are no longer available, or cannot be delivered in a timely manner for any reason, we shall without undue delay, inform the Consumer thereof. In these cases, we will make an individual agreement with the Consumer regarding the time of delivery. If the Goods are no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the Goods contract. In case of any such termination, we shall without undue delay reimburse the Consumer any payments which the Consumer has made to us in respect of the Order and or try to reach an alternative contract with the Consumer for replacement Goods. In the event that the Goods are permanently not available, we will not accept the Order. In this case, a sales contract with the Consumer shall not become effective.
(6) Partial deliveries of Goods included in the same Order shall be permitted, provided that the Goods can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
Retention of Title and Resale
(1) We retain legal title to any Goods supplied by us until the purchase price (including Taxes and shipping costs) for such Goods and all other money that the Consumer may owe us at any time on any account have been fully paid. The Consumer acknowledges that this provision creates a security interest over the Goods for the purposes of the Personal Property Securities Act 2009 (Cth) or equivalent legislation in other jurisdictions.
Warranty, Guarantee, Return Policy
The Consumer may have rights in relation to Goods under the relevant consumer laws (eg. Australian Consumer Law). Nothing in these terms and conditions excludes or restricts any of the Consumer’s statutory rights. Where the Goods are not purchased for personal, domestic or household use, we may limit the Consumer’s remedies to replacing or repairing the Goods or reimbursing the Consumer for the cost of repairing or replacing the Goods.
(1) In the event of a structural defect of the delivered Goods, the Consumer shall be entitled to request from us to repair the defect or to supply another Goods (as ordered) which is free from those defects.
(2) We may refuse to remedy defective Goods in the manner requested by the Consumer if such remedy would result in unreasonable costs.
(3) In addition to the statutory warranty and guarantees, we voluntarily grant for all frames an extended warranty of 2 years in total from the date of Order for frames and forks excluding bearings and shocks as well as any damage to the paintwork/anodisation/coatings. This warranty is limited to defective workmanship, materials or goods and excludes normal wear and tear.
(4) Without any limitation of the statutory warranty rights of the Consumer, our voluntary warranty is subject to the following additional conditions:
(i) The warranty does not cover damages caused by inappropriate or unspecified use for the particular Goods as described on our website, including:
neglect of Goods (lack of care and maintenance);
modifications to frame or fork;
mounting and alteration of additional components that were not expressly approved by us or replacement of our original components with non-identical components;
excessive loads of any other kind.
(ii) We reserve the right to repair damaged frames and forks or replace them with a new model.
(iii) In the event that it is necessary to change frame and/or fork we will endeavour to replace them in the original colour subject to availability. Should the original colour no longer be available, it may be that there are deviations from the original colour.
(iv) Guarantee rights are limited to the aforementioned and any additional incurred costs (such as assembly, transport, etc.) and additional costs for assembly or material due to a model-change are not covered. Within the framework of our voluntary guarantee, the Consumer shall bear these costs.
(v) Our guarantee is valid and only for the original Consumer who purchased the goods.
Motion Racing Returns Policy
Besides any statutory revocation rights, we voluntarily provide for our Consumers a 14 day return policy. However the policy is limited due to the personal nature of custom inscriptions, designs and colours we cannot offer a refund because of change-of-mind. Custom ordered frames cannot be returned or refunded after design sign off and approval.
All items for return must be in their original condition, unused, unwashed, unaltered, and undamaged. Items must be in the original packaging (including, if possible, the original delivery packaging), and be accompanied by the Motion Racing return form. The 14 day period starts once the Consumer receives the goods and is complied with by return of the goods to us within 14 days with the shipping cost borne by the Consumer. Any statutory revocation right remains unaffected.
(1) Our liability for negligence, other than for gross negligence, shall be limited to the maximum extent permitted at law.
(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant Order and Goods and assuming normal use of the Goods. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(3) Except as specified by consumer laws, damage claims of the Consumer based on obvious defects of the Goods are excluded, unless the Consumer reports the defect within 14 days after the delivery of the Goods.
(4) Whilst every effort has been made to ensure the information contained within this Website is correct, Motion Racing makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.
Motion Racing, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the Goods sold on it including, without limitation, loss or damage suffered as a result of negligence.
You agree not to post or transmit to the Website any material which:
Is threatening, defamatory, obscene, offensive, indecent, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary.
Is not properly licensed for use on this Website.
Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.
Constitutes or encourages an illegal act – including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world.
Infringes on the rights of a third party in any country in the world.
Has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree not to attempt to “hack” the Website or any other websites you do not own. This includes without limitation, trying to guess user’s passwords, “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the Motion Racing Website or technology, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that Motion Racing owes no royalty or license fee to you or any third party for use of material which is posted or transmitted to the Website or social media accounts. + bikes is free to copy, distribute or incorporate such material into the Website or social media accounts for commercial or non-commercial purposes.
Credit card fraud
Motion Racing, through our transaction providers, employs technology to protect transactions with our consumers. However, Motion Racing will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a consumer whose credit card is fraudulently used, or is used in an unauthorised manner as a result of using this Website.
Supply of goods
Subject to these Terms and Conditions, we will supply to you the Goods indicated on your Order confirmation.
When your Order items have been dispatched, we will email you to confirm shipment including a tracking number (for each item, if applicable).
Production of your goods
Your cycling goods will be manufactured and delivered to you in accordance with the estimated date stated on the website at the time of purchase.
Delivery of your goods, risk and insurance
Motion Racing makes every effort to deliver your cycling goods or other Goods purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Motion Racing are not fully assembled and specific components (eg. wheels, seat posts, pedals, handlebars) are removed for safety reasons prior to shipment. For this reason the Consumer must fit these parts when they receive delivery of their Goods. Written information on how to fit wheels, seat posts, pedals and handlebars as well as the necessary tools are included with the delivery of the Goods or on the Website. In addition, information explaining how to fit the required parts is available on the Motion Racing’ Website but we recommend you use a professional to fit any parts.
Every effort is made to ship your Order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control.
Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion. We shall only be obliged to properly and in a timely manner deliver the Goods to the carrier, and any transit times specified on the Website shall be non-binding estimates.
If your cycling goods or other Goods do not arrive within the estimated delivery time, please contact us.
The Consumer shall bear the usual return shipping costs when returning the goods for any reason unless we agree to pay for those costs.
Unless otherwise agreed by us, we will deliver your cycling Goods or other Goods to the address indicated on your Order confirmation. If no one is available to take delivery of your Order, our carrier may leave a card so you can pick-up your custom-made cycling goods or other Goods from a third party address. If you grant authorization for our carrier to leave your delivery without a signature, you release Motion Racing and our carrier from all liability. Deliveries lost, stolen or damaged under these circumstances are not covered by the Motion Racing Returns Policy for remake or refund, or by our carrier.
We will use our reasonable efforts to deliver your cycling goods or other Goods to you within the estimated delivery time indicated on your Order confirmation; however, we do not guarantee that we will deliver within this time frame. To the extent permitted by law, Motion Racing will not be liable for any delay or inability to deliver your Order within the estimated timeframe.
Risk and Title in Goods passes to you on the date and time of delivery of the goods to Motion Racing’s nominated delivery agent in the country of export.
Importer of record and authorisation of customs broker
As noted above, if your offer is accepted by Motion Racing in accordance with these Terms and Conditions and notwithstanding that the delivery of the relevant Goods to your nominated address will be arranged by Motion Racing, you will be considered the importer of record in respect of those Goods.
If your nominated address is within Australia, you hereby authorise the shipping company under the Customs Act 1901 (Cth) to act as your agent in respect of dealing with the Australian Customs and Border Protection Service in clearing the goods on your behalf, including, without limitation, making declarations on your behalf to Customs.
Customs and duties
In respect of an Order of Goods, Taxes may be levied with respect to the goods by the destination country to which the goods will be delivered and/or the country from which the goods are shipped. You will be the importer of record for the purpose of customs and border processing and, as the importer of the goods, you may be required to pay Taxes to the relevant authority in addition to your payment to us of the price.
In the United States, Motion Racing is required to collect applicable state and local sales tax on orders shipped to the State of Washington, and California and such taxes will be applied to your Order total. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Motion Racing is required to follow the rules of each State. Your final Order will include the appropriate State and local taxes, as applicable in the United States.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Motion Racing. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.
Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms and Conditions.
Motion Racing reserves the right to change the Terms and Conditions at any time.
No Motion Racing employee or agent has the authority to vary any of the Terms and Conditions.
Motion Racing shall not be liable for any delay in performing any of its obligations outside of the control of Motion Racing, and Motion Racing will be entitled to a reasonable extension of time for the performance of such obligations.
Governing law and severability
This contract will be governed by the laws of Australia. Any dispute arising out of your use of the Website, or the Goods purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.
At Motion Racing, the importance of protecting your privacy is paramount. We promise to do everything in our power to ensure you shop with us with confidence.
This document describes how we collect, use, disclose and safeguard your personal information. If you have any questions relating to this policy, please do not hesitate to contact us.
What is personal information
Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not, and whether the information is recorded in a material form or not.
How we collect personal information
- We strive to only collect personal information necessary to conduct business as a premier retailer of bespoke cycling Goods.
- The type of personal information we collect includes:
- Your full name and contact details (such as phone and email).
- The name, address and contact details of the person who will take delivery of the Goods.
- Your billing information.
- Sizing measurements.
- Any personal information you disclose to us when you complete an online form on our website, or send us via email.
- Information related to the use of the Goods.
We intend to use information related to the use of the Goods collected by us to improve the products we offer and to provide services to you.
Using and disclosing your personal information
Any personal information which is collected will be used and disclosed only to provide you with the Goods and services you’ve requested, or otherwise to carry out our business including communicating information about our Goods and services to you. We may need to share personal information with our suppliers and service providers, some of whom provide us with marketing assistance. However, these third parties are only permitted to use the personal information as directed by us. If we share information with any other trusted parties for their own use, we will do so only if we believe they offer Goods or services that may be of interest to you and will share the information only in de-identified form.
We will not under any circumstances disclose personal information about you to a third party unrelated to our business, unless such a disclosure is authorised or required by law, or you have expressly consented to such a disclosure.
If you are subscribed to receive promotional material from us, we may send you such material periodically. You may unsubscribe from receiving this material at any time.
We may periodically send all members surveys or company announcements. These messages are separate to our newsletters, but you may also unsubscribe at any time by following the included instructions.
Third party advertising
Third party vendors, including Google, show our ads on sites on the internet.
Accessing and editing your personal information
We will take all reasonable steps to ensure any personal data we collect, use or disclose is up to date and accurate.
Your personal information is accessible and editable by logging in to your Motion Racing account. You may log in and edit this information at any time.
You may ask us to provide you with details of the personal information we hold about you, and copies of that information. We will respond to your request and attempt to provide you with the data within 30 days of receipt of your request.
If we provide you with copies of the information you have requested, we may charge you a reasonable fee to cover the administrative costs of providing you with that information.
Please direct all request for access and correction to firstname.lastname@example.org.
Securing and storing your personal information
We are committed to maintaining the confidentiality of the information you have provided to us and we take all reasonable precautions to protect your personal information from unauthorized use or alteration.
Your personal information may be stored by us both electronically and in hard copy form. We take all necessary measures to ensure the security of your information in both these forms.
We may, in the course of providing Goods and services, disclose personal information to overseas entities.
If you would like more information about the way we manage your personal information please contact us.
Further information about the Privacy Act 1988 and the Australian Privacy Principles is available on the Federal Privacy Commissioner’s website at: http://www.oaic.gov.au.
Team Jacket Promotional Terms
Free jacket promo only available for UK & European customers. Strictly limited. While stocks last. Not valid with any other promotions. Our team will confirm size after order confirmation. 1 jacket per bike sale.
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