1. Identity of the vendor
We are Cleverley Pty Ltd, established in Brisbane, QLD 4000.
ACN: 652 487 502
ABN: 70 652 487 502
E-mail address: email@example.com
Cleverley Pty Ltd whose details are mentioned under 1 above.
Client (hereinafter ‘you’ or ‘Client’)
Any natural or legal person with whom Cleverley enters into an agreement or with whom Cleverley is negotiating about the conclusion of the agreement.
Any natural person who is acting for purposes which are outside his trade, business, craft or profession;
Any good or service offered by Cleverley
- Cleverley’s conditions of sale apply to every offer of product from Cleverley to the Client.
- Cleverley delivers new bikes exclusively to cities and towns across Australia. If you submit a delivery address outside these countries, Cleverley reserves the right to decline the order.
- To be able to place an order, you must be above the age of 18 and not legally incapacitated and have a valid e-mail address. If it comes to Cleverley’s attention that an order is made by a minor, Cleverley reserves the right to decline the order.
- You shall bear the sole and exclusive responsibility for all aspects of your rides, including the compliance with all road, traffic and insurance rules that may apply to you. These rules may vary in each state. It is your responsibility to assess your compliance in this respect.
- You shall bear your owns costs relating to the everyday use of your Cleverley bike and normal wear and tear maintenance. Parts that are not covered under warranty under normal wear and tear include; tires, tubes, brakes, brake pads, gear adjustments, tightening on all nuts, spokes, bottom bracket, chain and general adjustments (Please have your bike serviced regularly by a bicycle mechanic).
4. Our offer and your order
- Cleverley explicitly states in its offer when it is only valid for a constrained period of time or is subject to specific conditions other than those set out in these conditions of sale
- Cleverley describes in a clear, complete and accurate way the products it sells to you, as well as the steps of Cleverley’s delivery process.
- The purchase agreement between us is concluded once Cleverley confirms your order in writing. The confirmation will follow after Cleverley receives approval from the issuer of your card. Orders without valid payment by name of the registered cardholder will not be accepted or processed by Cleverley. When you use the bankcard from another cardholder, you confirm you have the permission to use that bankcard to make the purchase from Cleverley and issue the payment. Should the issuer of your card refuse to agree on your payment to Cleverley, Cleverley cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Cleverley accepts the following payment methods: Visa, MasterCard, PayPal, Google Pay and Zip Pay.
- Cleverley shall deliver the goods within 14 days of Cleverley’s written order confirmation, unless it is a pre-order whereby the estimated delivery date will be advised.
- In order to purchase a product, you add it to your shopping cart and proceed to checkout. Next, you submit your contact details and billing data. In the final step you are led to an overview page. By pressing the button “Place order” or “Place pre-order now”, you accept Cleverley’s conditions. If you have completed these steps, your order becomes final.
5. Right of withdrawal
- If you are a consumer, you have the right to withdraw from your purchase and return your order without giving any reason and without extra costs (except for the return costs).
- The withdrawal period shall expire after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. When goods are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 days from the day on which you acquire the physical possession of the last lot or piece.
- Please note that you cannot exercise a right to withdrawal in case of goods made to the consumer’s specifications or clearly personalised.
- You shall send back the goods or hand them over to Cleverley, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You have to bear the direct cost of returning the goods.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Installing the pedals and/or adjusting the handlebars and/or adjusting the saddle is likely to create small claws which diminish value of the bike. To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the bike, you are liable towards Cleverley for any diminished value caused by these actions.
- In case you send the goods back to Cleverley, Cleverley can refuse repayment as long as Cleverley has not received the returned goods or until you have proved you have returned the goods, depending on which event occurs first.
- Cleverley shall reimburse you not later than 14 days starting from the day we received your returned goods. If Cleverley offers to collect the goods itself, you will be reimbursed within 14 days starting from the day you informed Cleverley to withdraw from the purchase agreement.
- Cleverley shall use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided that you do not incur any fees as a result of such reimbursement. Cleverley shall not reimburse the supplementary costs, if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Cleverley.
- You shall handle the order as well as the packaging with the utmost care during the first 14 days after delivery. As a consumer you will be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics and functioning. In order to establish the nature, characteristics and functioning of the goods, you should only handle and inspect the product in the same manner as you would be allowed to do in a shop.
- In order to exercise your right to withdrawal, please inform us in writing by e-mail as indicated under 1 above. We will send you an acknowledgement of your withdrawal.
- The applicable prices are those in force at the moment of the conclusion of the purchase agreement. During the period Cleverley mentions in its offer, Cleverley’s prices do not change, except for price changes that may result from changes in tax rates.
- Unless provided otherwise, the prices mentioned in our offers include GST and all other taxes but exclude the shipping costs. The shipping costs may vary depending on the delivery mode and location of delivery.
- Cleverley will always inform you about the total price before you proceed to your order.
- We only accept advance payment through our website using the payment methods indicated on our website (see section 4 above).
- In order to guarantee safe online payment and the safety of your personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required.
- If you are a consumer you have a legal warranty of 2 years for all primary components on your Cleverley ebike, including the motor, battery, gears and display.
- General wear and tear or damage due to external causes will not be covered under warranty.
- Any modifications to the bicycle and components and electrical components will void your warranty.
9. Delivery and execution
- All products are delivered to the address you gave Cleverley as delivery address or address of execution of the service.
- The delivery period indicated by Cleverley shall be based on the circumstances applicable to Cleverley at the time the agreement was entered into.
- Unless the parties have agreed otherwise of the time of delivery, Cleverley shall deliver the goods by transferring the physical possession or control of the goods to the consumer without undue delay, and not later than 14 days from the conclusion of the contract, unless it is a pre-order whereby the estimated delivery date will be advised.
- Where Cleverley has failed to fulfil its obligation to deliver the goods at the time or within the time limit agreed upon with you, you shall call upon Cleverley to make the delivery within an additional period of time appropriate to the circumstances. If Cleverley fails to deliver the goods within that additional period of time, you shall be entitled to terminate the contract.
- The delivery is handled via International Trade Management and their delivery partners.
- Deliveries service are only from Monday through to Friday, 9am – 5pm. Customers will be informed via email with a Tracking Number. Cleverley cannot guarantee specific delivery dates or times.
- When Cleverley dispatches the goods to you, the risk of loss of or damage to the goods shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the goods. However, the risk shall pass to you upon delivery to the carrier if the carrier was commissioned by you to carry the goods and that choice was not offered by Cleverley, without prejudice to your rights against the carrier.
10. Force majeure
- If Cleverley is unable to fulfil any of its obligations towards the Client due to force majeure, these obligations shall be suspended during the force majeure situation.
- Events of force majeure are all circumstances external to Cleverley’s will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the webshop, late delivery or absence of delivery by suppliers or other third parties.
11. Intellectual property
- All content that we put at your disposal via our website and any other communication mean, including software, pictures, graphic elements, logos, documents, texts, slogans, user content, and other information (“Content”), as well as all related intellectual property rights (including copyrights, database rights and trademark rights) and other rights, are our exclusive property, or are the property of their respective holders.
- You are not allowed to copy, display, republish, translate, offer, transfer or distribute in any way, any part of the Content, expect as explicitly allowed in these conditions or otherwise explicitly permitted in writing by us and the respective holders.
- To the extent permitted by applicable law, we are not liable for any harm resulting from our products, unless in the case of intentional fault.
- Our liability is in any case excluded for indirect damages such as damages resulting from an accident, loss of income, loss of productivity and loss of data, or for moral damages such as reputational damage.
- The limitation of liability in the foregoing sections applies to the extent permitted by applicable law, irrespective of the applicable liability regime, and even in case of serious fault.
- Despite the foregoing provisions, if Cleverley is found liable for a given damage, Cleverley’s liability is, in any case, limited to the price you have paid for the Cleverley’s products concerned or to the sums effectively paid to Cleverley by its insurance for the indemnification of the damage concerned, whichever is higher.
- If you would have complaints concerning Cleverley’s products, please do not hesitate to contact us as indicated under 1 above.
- These conditions are exclusively governed by Australian law, regardless of your place of residence. The courts of the place of our registered office have exclusive jurisdiction to settle any dispute regarding these conditions, without prejudice to the applicable mandatory law that provides that the courts of your place of residence are competent.
14. Employee protection policy
- We do not accept any discriminative, abusive or harassing behavior towards any of our Cleverley employees or partners and reserve the right to refuse service if this policy is violated.
15. Final provisions
- If, irrespective of the reason, a provision in this agreement is found invalid, void or unenforceable, then this declaration will not affect the validity of the other provisions. In such a case, the parties commit to replacing, by mutual agreement, the provision that is declared void, invalid or enforceable by a new provision that embodies, as closely as possible, the purpose of the parties and the spirit of these conditions.
- An omission or a negligence in enforcing a provision of these conditions does not imply a waiver of such provision.