Terms & Conditions
Welcome to BarCycle.
These Terms & Conditions apply to your use of the BarCycle website, purchases of products and bicycles from BarCycle, participation in BarCycle shop rides, cycling tours and other events or services offered by BarCycle.
By using our website, purchasing from us, booking a tour or participating in a BarCycle ride or event, you agree to these Terms & Conditions.
BarCycle is operated by ADRIDAVI PTY LTD, 22 636 550 790, of Sydney, Australia.
For questions regarding these Terms & Conditions, please contact us at alberto@barcycle.com.au
1. GENERAL
BarCycle reserves the right to amend these Terms & Conditions from time to time. The version published on our website at the relevant time will apply to your use of our website or purchase, subject to applicable law.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.
2. ONLINE STORE & PRODUCT INFORMATION
BarCycle takes reasonable care to ensure product descriptions, images, specifications, availability and pricing displayed on our website are accurate.
However, colours and appearance may vary depending on photography, lighting and screen settings, and product specifications may occasionally change as a result of manufacturer updates.
All prices are displayed in Australian dollars unless otherwise stated.
BarCycle reserves the right to correct genuine errors in product descriptions, pricing or availability. If an error affects an order you have already placed, we will contact you and provide the options available to you in accordance with applicable law.
3. APPAREL & ACCESSORIES
Customers are responsible for selecting the appropriate size, colour and product before completing an order.
Size charts are provided as a guide only and sizing may vary between brands, styles and garments.
Where BarCycle offers a change-of-mind return or exchange, the product must satisfy the conditions of the applicable BarCycle Returns Policy.
Unless required by law, BarCycle may decline change-of-mind returns for items that have been worn, used, washed, altered or damaged after purchase, or for customised, personalised or specially ordered products.
Nothing in this section limits a customer's rights in relation to faulty or defective goods under the Australian Consumer Law.
4. BICYCLE SALES
Customers purchasing a bicycle are responsible for ensuring that the bicycle selected is appropriate for their intended use.
BarCycle may provide recommendations regarding bicycle size, setup, components and intended use based on information provided by the customer. Customers should provide accurate information regarding their requirements.
Bicycles may require ongoing maintenance, servicing and adjustment after purchase. Normal wear and tear, including wear to tyres, chains, brake pads, bearings, cables and other consumable components, is not necessarily indicative of a product defect.
Customers are responsible for maintaining their bicycle in a safe and serviceable condition and following manufacturer servicing and maintenance recommendations.
Any manufacturer warranty is subject to the manufacturer's applicable terms and conditions.
Manufacturer warranties are additional to, and do not replace or limit, any rights a customer may have under the Australian Consumer Law.
5. SPECIAL ORDERS & CUSTOM BUILDS
A deposit may be required for bicycles, frames, components, apparel or other products specifically ordered or customised for a customer.
Before accepting a special order, BarCycle will provide any applicable deposit, cancellation or change-of-mind conditions.
Once a customised or special-order product has been ordered from a supplier or production has commenced, cancellation or changes may not be possible for change-of-mind reasons.
This does not affect any rights or remedies available under the Australian Consumer Law.
6. SHOP RIDES – IMPORTANT RISK WARNING
Cycling is a recreational activity that involves inherent and obvious risks.
Participation in any BarCycle shop ride is voluntary and is undertaken at the participant's own risk, subject always to any rights or liabilities that cannot lawfully be excluded.
Cycling risks may include, but are not limited to:
- collisions with vehicles, cyclists, pedestrians, animals or stationary objects;
- falls, crashes and loss of control;
- road hazards, potholes, gravel, debris, wet or uneven surfaces;
- changing traffic, road and weather conditions;
- mechanical or equipment failure;
- physical exertion, fatigue, dehydration or illness;
- injury caused by the actions or errors of the participant or other road users; and
- serious injury, permanent disability or death.
By participating in a BarCycle shop ride, you acknowledge that cycling can be dangerous and that these and other risks may arise.
7. SHOP RIDE PARTICIPANT RESPONSIBILITIES
Anyone participating in a BarCycle shop ride must:
- wear an Australian Standards-compliant cycling helmet where required by law;
- use a bicycle that is safe, roadworthy and appropriate for the ride;
- carry appropriate hydration, nutrition, spare tubes or repair equipment where reasonably required;
- comply with all applicable road rules;
- obey reasonable safety instructions provided by BarCycle ride leaders;
- ride predictably and with reasonable consideration for other riders and road users;
- honestly assess their own fitness, skill and ability before participating;
- notify a ride leader of any relevant issue that may affect their ability to safely participate;
- not participate while affected by alcohol, illegal drugs or any substance that materially impairs their ability to ride safely; and
- understand that they remain responsible for their own riding decisions and safety.
Participation in a BarCycle shop ride does not mean that BarCycle or a ride leader is assuming responsibility for the participant's personal safety.
Ride leaders may provide directions, suggested routes, pacing or general guidance, but each rider remains responsible for responding appropriately to traffic, road conditions, hazards and their own ability.
8. RIGHT TO REFUSE OR REMOVE PARTICIPANTS
BarCycle reserves the right to refuse participation in, or require a participant to leave, a shop ride or tour where BarCycle reasonably considers that the participant:
- is riding dangerously;
- does not have suitable equipment;
- is not appropriately equipped for the conditions;
- is materially outside the required ability or fitness level;
- refuses to follow reasonable safety instructions;
- presents a material safety risk to themselves or others; or
- behaves in an abusive, threatening or inappropriate manner.
Where a participant is removed from a paid tour, any entitlement to a refund will depend on the circumstances and applicable law.
9. ROUTE CHANGES & RIDE CANCELLATION
BarCycle may change, shorten, postpone or cancel a shop ride due to weather, road conditions, safety concerns, emergencies, rider numbers or circumstances outside our reasonable control.
Routes displayed or communicated before a ride are indicative and may be changed where reasonably necessary.
Free shop rides do not create an entitlement to compensation where a ride is changed or cancelled.
10. CYCLING TOURS
Participation in a BarCycle cycling tour may involve substantial physical activity and inherent risks associated with cycling, travel and outdoor activities.
Before booking a tour, participants are responsible for considering whether the tour is appropriate for their experience, fitness and cycling ability.
Tour descriptions may specify expected distances, elevation, terrain, pace and experience requirements. These descriptions are intended to help participants determine whether a tour is suitable.
Participants must disclose information reasonably relevant to their safe participation where requested by BarCycle.
11. TOUR RISK ACKNOWLEDGEMENT
By booking and participating in a BarCycle cycling tour, participants acknowledge that cycling and associated activities involve inherent risks including falls, collisions, traffic, road hazards, weather, mechanical failures, physical exertion, illness, injury and, in serious circumstances, permanent disability or death.
Participants voluntarily accept the ordinary and inherent risks associated with cycling and outdoor recreational activities, subject to any rights and liabilities that cannot lawfully be excluded.
BarCycle strongly recommends that participants hold appropriate travel and/or cycling insurance for paid tours.
12. TOUR ITINERARIES
Tour itineraries, routes, accommodation, activities and schedules may need to change due to circumstances including weather, road closures, safety concerns, supplier availability, mechanical issues or events outside BarCycle's reasonable control.
BarCycle will take reasonable steps to provide the tour substantially as described but reserves the right to make reasonable changes where necessary for safety, logistics or circumstances outside our control.
13. TOUR BOOKINGS, DEPOSITS & CANCELLATIONS
Tour-specific booking conditions, including deposits, final payment dates, cancellation conditions and any applicable change-of-mind cancellation fees, will be communicated at or before the time of booking.
Any cancellation policy will operate subject to the Australian Consumer Law and other applicable legislation.
Where a tour is cancelled by BarCycle, customers will receive the remedies to which they are entitled under applicable law and any additional remedies stated in the relevant booking conditions.
Customers are encouraged to obtain travel insurance that appropriately covers cancellation, illness, injury and other circumstances that may affect their ability to travel.
14. THIRD-PARTY PROVIDERS
Some BarCycle tours may involve services supplied by third parties, including accommodation providers, transport operators, restaurants, guides or other activity providers.
Where a third-party provider supplies services directly to a participant, those services may also be subject to that provider's terms and conditions.
Nothing in these Terms & Conditions excludes any responsibility BarCycle has under applicable law for services supplied by or on behalf of BarCycle.
15. PERSONAL PROPERTY
Participants are responsible for their own bicycles, equipment, clothing, luggage, electronic devices and other personal property during rides, tours and events.
To the extent permitted by law, BarCycle is not responsible for loss, theft or damage to personal property unless caused by conduct for which BarCycle is legally liable.
Participants should consider appropriate insurance for high-value bicycles and equipment.
16. PHOTOS & VIDEO
BarCycle may photograph or film shop rides, tours and events for promotional, social media and website purposes.
Where reasonably practicable, participants who do not wish to appear in promotional photography or video should notify BarCycle or the ride/event organiser.
BarCycle will handle personal information in accordance with its Privacy Policy and applicable privacy law.
17. AUSTRALIAN CONSUMER LAW
Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify a consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified.
Where a product or service fails to meet an applicable consumer guarantee, customers may be entitled to a repair, replacement, refund, cancellation or compensation depending on the circumstances and the requirements of the Australian Consumer Law.
18. LIABILITY
To the maximum extent permitted by law, BarCycle excludes or limits liability where it is lawful to do so.
Nothing in these Terms & Conditions excludes, restricts or modifies liability where doing so would be prohibited by law.
In particular, any exclusions or limitations relating to recreational activities operate only to the extent permitted under applicable Commonwealth, State or Territory legislation.
19. WEBSITE USE
Content on the BarCycle website is provided for general information purposes.
Information regarding bicycles, equipment, training, routes, cycling technique or maintenance should not be treated as a substitute for professional advice where such advice is appropriate.
You must not misuse the website, attempt to gain unauthorised access to it, introduce malicious software or use website content unlawfully.
20. INTELLECTUAL PROPERTY
Unless otherwise stated, all content appearing on the BarCycle website, including branding, photographs, graphics, text, videos and other original content, is owned by or licensed to BarCycle.
Content must not be reproduced, distributed or used commercially without prior written permission, except where permitted by law.
21. PRIVACY
Personal information collected by BarCycle will be handled in accordance with BarCycle's Privacy Policy and applicable Australian privacy laws.
Payment information may be processed by third-party payment providers and will also be subject to their applicable terms and privacy policies.
22. GOVERNING LAW
These Terms & Conditions are governed by the laws applicable in NSW, Australia.
The parties submit to the jurisdiction of the courts of that State or Territory and any courts entitled to hear appeals from those courts, subject to any rights a consumer may have under applicable law.
23. CONTACT
Questions regarding these Terms & Conditions can be directed to:
BarCycle
22 636 550 790
ADRIVDAVI PTY LTD