This Refund Policy applies to the following purchases: Online & instore purchases
GENERAL
We offer refunds, repairs, and replacements following the Australian Consumer Law and, on the terms, set out in this Refund Policy ("Policy")
Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.
Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
AUSTRALIAN CONSUMER LAW
(ACCC Consumer Rights and Guarantees - Repair, replace,refund)
We offer refunds, repairs, and replacements following the Australian Consumer Law. The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
- If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees that it provides.
- If there is any inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
REPLACEMENTS AND REFUNDS
You can ask for a replacement or refund if the problem with the product is major.
MAJOR FAILURE OR PROBLEM
If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
A product has a major problem when:
- It has a problem that would have stopped someone from buying it if they’d known about it
- it has multiple minor problems that, when taken as a whole, would have stopped someone from buying it if they’d known about them
- it is significantly different from the sample or description
- it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
- it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
- it is unsafe.
Replaced products must be of an identical type to the product originally supplied. Refunds should be the same amount you have already paid, provided in the same form as your original payment. We may offer the refund to be credited to your account with us; you do not need to accept this offer.
We may consider how much time has passed since you bought the product considering the following factors:
- the type of product
- how a consumer is likely to use the product
- the length of time for which it is reasonable for the product to be used
- the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable.
A service has a major problem when:
- it has a problem that would have stopped someone from buying it if they’d known about it
- it has multiple minor problems that, when taken as a whole, would have stopped someone from buying it if they’d known about them
- it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
- it does not meet the specific purpose you asked for and cannot easily be fixed within a reasonable time
- it creates an unsafe situation.
For a major problem with services, you can cancel the contract and obtain a refund or seek compensation for the drop in value of your services provided compared to the price paid.
MINOR FAILURE OR PROBLEM
If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced instead of a replacement of refund.
REPAIRS
If the problem with a product or service is minor, you must accept a free repair if we offer you one.
If we fail to give you a free repair within a reasonable time or cannot fix your problem, you can:
- get the repair done elsewhere and pass on the costs to the us
- ask for a replacement
- ask for a refund
- recover compensation for the drop in value below the price paid.
Repair notices
Under the Australian Consumer Law, businesses accepting goods for repair must provide consumers with repair notices when:
- the goods being repaired can retain user-generated data, for example, mobile phones, computers, portable music players and other similar electronic goods
- it is the repairer’s practice to supply refurbished goods rather than repair defective goods, or to use refurbished parts in the repair of defective goods.
The consumer must receive the repair notice in writing before the goods are accepted by the business for repair.
Returns and shipping costs
You are entitled to return a product if you believe that there is a problem. You are generally responsible for returning the product if it can be posted or easily returned. You are entitled to recover reasonable postage or transportation costs from us if the product is confirmed to have a problem, so please keep your receipts.
You do not have to return products in the original packaging to get a refund (although we would prefer it).
If a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the "Returned Product") back to us, as well as any cost of shipping any replacement product to you.
- If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement, or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation, or collection of the Returned Product, at our cost.
- If we organise and pay for the inspection, postage, shipping, transportation, or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement, or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation, or collection of the Returned Product. The costs must not be inflated to deter you from pursuing your claims.
CANCELLATION AND CHANGE OF MIND
We do not offer any refunds if you change your mind or find the same product or service cheaper elsewhere.
Products Damaged During Delivery
If the product you ordered has been damaged during delivery:
- Please contact us as soon as possible.
- Any damaged product must be returned in the condition in which it was received, together with any packaging if you possess it, and other items which you received with the damaged product (power adapters, fitting accessories, et cetera).
- We will arrange to repair or collect the damaged product and replace it with an equivalent product or refund it if you have contacted us within a reasonable amount of time from the date of receiving the product.
EXCEPTIONS
Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
- You misused the said product in a way which caused the problem.
- You knew or were made aware of the problem(s) with the product or service before you purchased it.
- You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
- Any other exceptions that apply under the Australian Consumer Law.
RESPONSE TIME
We aim to process any requests for repairs, replacements, or refunds within 14 days of receipt.
HOW TO RETURN PRODUCTS
- You can contact us using the options at the end of this Policy to discuss a return
- Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase. You have the option of having the refunded amount being credited to your account with us.
- To be eligible for a refund, repair, or replacement, you must provide proof of purchase. You may be required to provide government-issued identification to qualify for a refund, repair, or replacement.
CONTACT US
If you wish to speak to us about this Policy or any refund, repairs, or replacements:
- Contact us via email at: web@elitemotorcycles.com.au
- Write to us at: Elite Motorcycles, 90 Mort Street, North Toowoomba, QLD, 4350
- Call us at: (07) 4632 5579
LAST UPDATED:
This policy was last updated on 20/07/2022.