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Terms and Conditions

General Terms and Conditions

These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from www.leitner.com.au, supplied by Leitner Pty Ltd ABN 40608178310, referred to as “Leitner”.

Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

If you do not understand these Terms and Conditions or if you have any questions, then please email our team at sales@leitner.com.au and a representative will be happy to help you.

Terms and conditions for Leitner Products

These Terms and Conditions constitute a contract between the customer (You) and Leitner.

1. Agreement

1.1

In these Terms and Conditions "We", "Our" or "Us" means Leitner; and "You" or "Your" means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.

1.2

By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.

1.3

The Agreement together with your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.

2. Legal Capacity

If you are under the age of eighteen (18) years you cannot place Orders with Leitner. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

3.1

The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

3.2

You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

3.4

You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

4. Pricing

4.1

Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:

  1. by agreement between You and Us in writing or by email; or
  2. in accordance with clause 7.4.
4.2

All prices listed on the Website exclude Delivery Costs unless otherwise stated. Delivery Costs are shown separately on an Order.

5. Product Specifications

5.1

Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

5.2

All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.

6. Orders

6.1

You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of your Order (Purchase Contract).

6.2

Orders will be deemed to have been received by Leitner at the time Leitner sends an Order confirmation to Your nominated e-mail address.

6.3

Leitner is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4

Leitner reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

6.5

In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

6.6

Leitner does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

6.7

Leitner shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Leitner (or its affiliates), and Leitner shall be entitled to a reasonable extension of time for the performance of such obligations.

6.8

Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

7. Payment

7.1

You may provide your nominated credit card during the purchase process described on the Website.

7.2

Payment for Orders will be processed immediately upon confirmation of Your Order.

7.3

If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

7.4

Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

8. Delivery and ownership of the goods

8.1

We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Leitner does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

8.2

The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Leitner. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Refunds Policy at any time prior to dispatch of the Product(s).

8.3

Leitner will not deliver Products to PO Box addresses.

8.4

Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.

8.5

The couriers or postal services nominated by Leitner will deliver Products during local business hours (9am to 5pm, Monday to Friday).

8.6

Leitner is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Leitner (as notified to the Customer) in relation to date and time of delivery. Leitner shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

8.7

Leitner reserves the right to not ship to remote or rural locations.

9. Faulty or damaged goods

Leitner will repair, replace or refund faulty or damaged Products in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law.

10. Refunds and returns

Buy with confidence from Leitner. Once you receive the product, if you are not completely satisfied, you are more than welcome to return it to us in unused condition within 14 days of taking delivery for an exchange or a full refund excluding our initial shipping cost. Please note that the 14 day money back guarantee only applies to electric bikes and wheelchairs and it does not apply to spare parts, including but not limited to batteries and controllers.

  1. In order to      organise a return under these terms and conditions, You must notify      Leitner within 14 days of taking delivery of Your Product and request a      return under this Policy. You must comply with the directions of Leitner      staff in order to facilitate Your return.
  2. To qualify to return an item under this Policy, Products must be in their original packaging, along with all included accessories. The product must be in perfect condition for resale. For example if a product was used and shows signs of wear it cannot be returned.
  3. The 14 day period      within which You are eligible to make a return under this Policy commences      on the date that You accept delivery of Your Product. Where there is no      proof of delivery, this date will be assumed to be 4 business days from      the date of dispatch of the Product.
  4. The Product must be      returned to Leitner within 10 business days of Your request to return Your      Product under this Policy.
  5. You must return the      Products for which You are seeking a store credit or refund at Your own      cost and You must comply with the directions for returning the Product      that Leitner staff provide to You. It is recommended if posting the item that you buy insurance for loss or damage in transit.
  6. After receiving the      returned Products, Leitner will issue a refund minus the initial shipping      cost as soon as is reasonably practicable and You will be provided with      e-mail acknowledgement.
  7. Leitner reserves      the right to make changes to this Returns Policy without notice.
  8. The 14 day money back guarantee is only valid for the original product. If you bought the original product, changed your mind a exchanged the original for a second product, then the second product cannot be returned or exchanged because you changed your mind again.
  9. You are responsible to return the item at your cost and we don’t take any responsibility if an      item is damaged in transit. If posting the item we recommend to buy      insurance for loss or damage in transit.
 

Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

All refunds may take up to 10 business days to be processed.

Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.

The Customer must comply with directions from staff to facilitate a return.

Returned Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original Packaging.

Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of:

  1. a) the nature of Our failure to comply with the consumer guarantee, or
  2. b) the size or height, or method of attachment, of the Product.

Where You are returning a Product to us, we take no responsibility for a Product lost in transit.

If subsection (2 b) applies, We will, within a reasonable time, collect the Products at Our expense.

11. Warranties

11.1

Each Product sold on the Website is covered by a warranty.

11.2

Extended Warranties may be available for purchase. Please email us on sales@leitner.com.au

11.3

We will carry spare parts for each Product for a reasonable period, which we consider generally corresponds with the length of the Standard and/or Extended Warranty period. Leitner reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.

11.4

Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.

12. Liability

To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

13. Intellectual Property

All Intellectual Property in any Material on the Website is the property of Leitner. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

14. Privacy

By placing your Order or otherwise contacting Leitner, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Leitner Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

15. Gift Vouchers

15.1

Gift Vouchers have a validity of 12 months from the date of purchase.

15.2

Gift Vouchers may be redeemed by contacting sales@leitner.com.au and providing the invoice number for the transaction. Gift vouchers will not be refunded.

16. Miscellaneous

16.1

Title and risk in the Leitner Products pass to the Customer on signing for delivery of the Products.

16.2

Leitner reserves the right to make changes to the Leitner Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

16.3

Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

16.4

A failure or delay by Leitner to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Leitner does not preclude its future ability to exercise that or any other power or right.

16.5

Insofar as they apply to the ordering, purchase, fulfilment and delivery of Leitner Products from www.Leitner.com.au, these Leitner Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.

16.6

No Leitner employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

16.7

All prices include GST unless otherwise specified.

 

17 Transition from Leitner Group to Leitner Pty Ltd on 1st of October 2015

 Due to the large increase increase of sales www.leitner.com.au had to change it's structure. Products and services of www.leitner.com.au were supplied by Leitner Group ABN 82 487 462 076 until 30 Sept 2015 and www.leitner.com.au is operated by Leitner Pty Ltd from 1st of October 2015. The general terms and conditions apply to all products and services supplied by Leitner Group operating www.leitner.com.au and these products and services are now supplied by Leitner Pty Ltd. Warranty claims and repairs for Leitner products purchased from Leitner Group operating www.leitner.com.au are now honoured by Leitner Pty Ltd.
What does this mean for Leitner customers? In simple terms, this means that it's business as usual, just new invoices are issued in the name of Leitner Pty Ltd from 1 Oct 2015.