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RACV E-BIKE CUSTOMER TERMS AND CONDITIONS
1. What is the effect of this Agreement?
This Agreement applies to the supply of:
a) Avanti Discovery e-Steps bicycles; and
b) Avanti Inc E bicycles,
(Goods) and the fulfilment of orders for Goods (Orders) by RACV to a customer of RACV placing an Order (You), and to the servicing of Goods.
2. Placing Your Order
2.1 You may offer to purchase Goods for the price specified. To make an offer to purchase Goods, You must complete and submit the online order form (Order Form) and make Your payment in accordance with this Agreement.
2.2 Once You have placed Your Order, RACV will contact You to finalise the details of Your Order and then accept Your Order
2.3 Provided You have otherwise complied with this Agreement, in the event that RACV is unable to accept Your offer to purchase after You have made a payment in accordance with this Agreement, RACV will as soon as practicable issue You with a refund for the amount You have paid.
3. What you must do
a) comply with the terms and conditions set out in this Agreement;
b) provide all information for Your Order in the form required by RACV; and
c) comply with all applicable laws in relation to this Agreement.
4. Delivery of Goods
The following terms and conditions will apply to the delivery of the Goods:
a) when completing your Order Form, You will be required to select an in-store location for collection of the Goods (Pick-Up Location);
b) once the Goods are available for collection by You at the Pick-Up Location (usually within 14 days), You will be contacted to arrange collection;
c) You must collect the Goods from the Pick-Up Location within 14 days of being notified of the Goods being available for collection by You; and
d) if You fail to collect the Goods from the Pick-Up Location in accordance with clause 4(c) above, RACV may, in addition to its other remedies at law, immediately terminate this Agreement and take back possession of the Goods. You shall bear any reasonable costs incurred by RACV as a consequence of taking back possession of the Goods. Any part of the Price paid by You to RACV as at the date of termination of this Agreement will be retained by RACV.
5. Availability, risk and title to Goods
5.1 RACV gives no undertaking as to the availability of Goods.
5.2 Delivery of the Goods to You will be effected upon collection of Goods by You from the Pick-Up Location.
5.3 Risk of loss or damage to the Goods passes to You upon delivery of the Goods to You in accordance with clause 5.2 above.
5.4 Title in the Goods does not pass to You until payment has been received in full in accordance with clause 7 below (except where the Goods have been paid for in full at the time of Order, in which case title to the Goods will pass to You upon collection of Goods by You).
6. Scheduled Services
6.1 Following delivery of the Goods to You, You will be entitled to receive one complimentary scheduled service of the Goods per annum for the period specified in Your Order Form.
6.2 The following services will be provided to the Goods for each scheduled service performed under clause 6.1:
a) true and tension wheels;
b) tune gears;
c) brake adjustment;
d) chain and cable lubrication;
e) general inspection; and
f) informing You of the outcome of the service,
6.3 RACV uses authorised third parties to perform the Scheduled Services on behalf of RACV (Authorised Service Provider).
6.4 Further details regarding how You may organise a Scheduled Service with RACV or any Authorised Service Provider will be provided in a welcome email to You after submitting Your Order.
6.5 Any additional parts or services not included within the Scheduled Services which are provided by the Authorised Service Provider are payable by You to the Authorised Service Provider.
7. Price and Payment
7.1 Details of the price payable for the Goods is (Price).
RACV eBike Package
Avanti Discovery 3 Year Package Pay By The Month
Avanti Discovery 3 year Package Up Front
Avanti Discovery 4 Year Pay By The Month
Avanti Discovery 4 year Package Pay By The Month
Avanti Inc E 3 Year Pay By The Month
Avanti Inc E 3 Year Package Up Front
Avanti Inc E 4 Year Pay By The Month
Avanti Inc E 4 Year Package Up Front
7.2 You must pay the Price for the Goods set out in the Order Form:
a) in full at the time You offer to purchase the Goods from RACV by submitting Your completed Order Form and Your Order is finalised and accepted by RACV; or
b) in equal monthly instalments over a period of either 3 or 4 years, with the first such instalment to be made when You make Your offer to purchase the Goods from RACV by submitting Your completed Order Form and Your Order is finalised and accepted by RACV.
7.3 If You elect to pay the Price for Goods in equal monthly instalments over a period of 3 or 4 years, You will be required to:
a) consent to a credit check being performed on You, and:
b) agree to a direct debit agreement attached to your order,at the time of submitting Your Order.
7.4 The Price is inclusive of GST and all other taxes and duties. Unless expressly stated otherwise, the Price includes the costs of delivery of the Goods.
7.5 The Price is payable despite the termination of this Agreement or any inability on the part of RACV to deliver the Goods which is caused by You.
7.6 If You default in making any payment due, RACV may, in addition to its other remedies at law, immediately terminate this Agreement and take back possession of the Goods. You shall bear any reasonable costs incurred by RACV as a consequence of taking back possession of the Goods. Any part of the Price paid by You to RACV as at the date of termination of this Agreement will be retained by RACV. For the purposes of this clause 7.6, "default" means You have failed to make 2 consecutive scheduled monthly payments of the Price to RACV.
7.7 If You elect to pay the Price for Goods in equal monthly instalments over a period of 3 or 4 years, You may at any time prior to the expiration of such period elect to pay to RACV the balance of the Price then outstanding for the Goods without penalty.
8. Security interest in the Goods
8.1 If You elect to pay the Price for Goods in equal monthly instalments over a period of 3 or 4 years, You acknowledge and agree that:
a) because of this Agreement (including this clause 8), RACV will have a security interest in the Goods for the purposes of the PPS Act;
b) RACV may at Your expense take all steps that RACV considers advisable to:
(i) perfect, protect, record, register, amend or remove the registration of, RACV's security interest in the Goods; or
(ii) better secure RACV's position in respect of this Agreement under the PPS Act.
You agree to do all things reasonably necessary to assist RACV to take these steps.
8.2 If any of the Goods may or must be described by serial number in a financing statement, You represent and warrant that You have provided RACV with the serial numbers required for RACV to make an effective registration (with the priority RACV requires) against those Goods in accordance with the PPS Act.
8.3 You and RACV agree that, subject to section 275(7) of the PPS Act, neither You nor RACV will disclose the contents of this Agreement, the amount secured by our security interest in the Goods and the other information mentioned in section 275(1) of the PPS Act under section 275(4) of the PPS Act.
8.4 You must immediately notify RACV if You become aware of any person other than RACV taking steps to register, or registering, a financing statement in relation to the Goods.
8.5 You must arrange for the removal or cessation of any registration of any security interest that affects the priority of RACV's interest in the Goods.
8.6 Once You have paid the Price in full for the Goods, we will discharge any security interest we may register in respect of the Goods. You will then own the Goods.
8.7 Until such time that You have paid the Price in full for the Goods, You must:
a) keep the Goods in good condition and repair;
b) not sell or lease the Goods, or give anyone any security or other rights over the Goods, without RACV's consent;
c) comply with all laws relating to the use or possession of the Goods;
d) not modify the Goods without RACV's consent;
e) notify RACV immediately if the Goods are lost, stolen or damaged, or You part with possession of the Goods;
f) inform RACV where the Goods are located and where ordinarily stored (if requested by RACV);
g) not take the Goods out of Australia without RACV's permission;
h) upon being provided reasonable notice (written or verbal) by RACV, allow RACV to access to inspect or test the Goods; and
i) use the Goods, or allow usage for any illegal or offensive purpose.
8.8 For the purposes of this clause 8:
a) "PPS Act" means the Personal Property Securities Act 2009 (Commonwealth) and regulations made under that Act; and
b) "registration", "security interest", ”verification statement", and "financing statement" each have the meaning given to those terms in the PPS Act.
9. Cancellation due to error
You acknowledge that, despite RACV's reasonable precautions, goods and services may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. RACV reserves the right to cancel the transaction, notwithstanding that Your Order has been confirmed and/or Your payment has been received. RACV reserves this right up until the time the Goods are delivered to You. If a cancellation of this nature occurs after Your payment for the purchase has been received, RACV will as soon as practicable issue a refund to You for the amount in question.
RACV may terminate this Agreement by immediate written notice to You if:
a) You fail to pay any part of the Price by the due date for payment under this Agreement;
b) You breach any provision of this Agreement that is not capable of remedy;
d) You breach any provision of this Agreement that is capable of being remedied and you fail to remedy that breach within 7 days of being given notice of the breach by RACV; or
e) You are the subject of, in the case of a company, any insolvency proceedings or in the case of an individual, any bankruptcy proceedings, are declared insolvent or bankrupt (as applicable) or otherwise become unable to pay Your debts as and when due.
11. No reliance
Whilst RACV has no reason to believe that any information contained on this website is inaccurate, RACV does not warrant the accuracy, adequacy or completeness of such information, nor does RACV undertake to keep this website updated. To the maximum extent permitted by law, RACV does not accept responsibility for any loss, damage, cost, expense or injury You or any third party suffers as a result of reliance by You upon the accuracy or currency of information contained on this website.
12. Bike Assist
Following delivery of the Goods to You, You will be entitled to receive bike assist, RACV's 24 hour per day bike assistance service (Bike Assist), free of charge. Further information in relation to Bike Assist can be found at https://www.racv.com.au/content/dam/racv/documents/on-the-road/era/RAC18871_ERA_T&Cs_Updates_WEB_SPREADS.pdf.
13. Warranties and return policy
13.1 Any Goods purchased by You come with certain manufacturer warranties, including:
a) Frame - for Your lifetime;
b) Shimano Steps e-bike parts - 2 years from the date of purchase of the Goods by You; and
c) all other parts and accessories included in the Goods - 1 year from the date of purchase of the Goods by You.
13.2 [Click here] to obtain a complete copy of the manufacturer warranties in respect of Goods purchased by You from RACV.
13.3 If You consider that the Goods are defective or otherwise do not comply with any warranty provided by the manufacturer, You should contact RACV in the first instance.
In addition, You may be entitled to other remedies under the Australian Consumer Law.
13.4 To the maximum extent permitted by law, RACV:
a) disclaims any warranty (whether express or implied) in relation to the Goods and Scheduled Services and any other goods or services provided to You in connection with this Agreement; and
b) will not be liable for any loss or damage (including costs, loss of time, inconvenience and commercial losses) however caused, whether direct, indirect or consequential, incurred or suffered by You or any third party in respect of the Goods or Scheduled Services or any other goods or services provided to You in connection with this Agreement.
14. You indemnify RACV
14.1 You indemnify RACV, its related bodies corporate and each of their directors, officers, employees against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and / or demands) which may be instituted against RACV arising out of:
a) a breach of this Agreement by You (including a breach of any representation or warranty contained in this Agreement);
b) Your use of the Goods; and
c) any wilful, unlawful or negligent act or omission by You.
14.2 These indemnities survive termination of this Agreement.
15.1 To read how RACV collects, uses and discloses Your personal information, [click here]. Also located at https://www.racv.com.au/content/dam/racv/documents/about-racv/our-business/RACV+Privacy+Charter.pdf
15.2 In completing the Order Form, You consent to the provision of the details of Your Order to the Authorised Service Provider and any third party delivery agent engaged by RACV to deliver the Goods or perform the Scheduled Services. You also consent to the Authorised Service Provider contacting You for the purposes of arranging an appointment for any Scheduled Services.
15.3 Please be aware that as a purchaser through the RACV website, You may receive correspondence regarding Your use of the website, including the status of Your Order(s) or any other services provided to You. This may include confirmation of the receipt of Your Order(s) and notification of changes to the status of Your Order(s). You will also be notified of changes to RACV.com.au or associated websites that may have a direct effect on the use of the website. This correspondence forms part of this service and is necessary for the management of Your use of the website. If You do not wish to receive this correspondence, please do not place any Order(s).
15.4 RACV may also use Your personal information to notify You about other products, services or special offers and your information may be provided to RACV’s related bodies corporate for this purpose. You can request not to receive this information, request access to any personal information that RACV holds about You, or request a copy of the RACV Privacy Charter by calling RACV on 13 72 28.
16. Governing law
This Agreement is governed by and construed in accordance with the laws of Victoria and You irrevocably submit to the exclusive jurisdiction of the courts in that State.
17. Entire Agreement
These terms and conditions, the Order, and any warranties implied by law which cannot be excluded constitute the entire agreement of the parties in relation to its subject matter. All other terms whether express or implied are hereby excluded to the full extent permitted by law.
18.1 RACV may, in its absolute discretion, modify or amend this Agreement and such modifications or amendments will be binding upon You up to the time that you have placed your Order.
18.2 If any provision of this Agreement is invalid, illegal or unenforceable in any respect, such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will continue to apply.
18.3 Any delay or failure by RACV to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice RACV'S rights in any way. No waiver by RACV will be effective unless it is in writing and signed by or on behalf of RACV.
18.4 RACV may assign or sub-contract the performance of all or any of its obligations under this Agreement to any person, firm or company.