Terms of service

  1. Overview

This website (“Website”) is operated by Swanky Cycles Pty Ltd ABN 86 678 916 777. Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Swanky Cycles Pty Ltd.  These Terms of Service apply to the use of the Website and the ordering, purchase, fulfilment and delivery of goods from Swanky Cycles Pty Ltd (‘Services’). We offer this website and our Services to you, the user, conditional upon your acceptance of all terms and conditions stated.

By visiting our site and/ or engaging in our Service including acquiring any goods, you agree to be bound by these terms and conditions (“Terms of Service”). Please read these Terms of Service carefully before accessing or using our website or using our Services. If you do not agree to all the terms and conditions set out in these Terms of Service, then you may not access the website or use any Services including purchasing any goods. 

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website or use of any Services following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

  1. Eligibility To Purchase

To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website you must be an individual, over 18 years of age and register your real name, address, phone number, e-mail address and any other details requested. You represent that the personal information which you provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.

We limit the sales of our products and services to Australia.  We reserve the right to limit the quantities of any products or services that we offer.

  1. Orders

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by email or phone and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website.

The conclusion of a contract between you and us will take place when we:

(i) debit your credit, debit card or PayPal account; or

(ii) dispatch the goods to you, 

whichever is the later.

An order submitted by you is an offer by you to purchase the goods for the price plus any applicable delivery charge. If a delivery charge does not properly display at the time of purchase we reserve the right to add an appropriate delivery charge before shipment of the goods and will confirm this with you before finalising your order. We may accept or reject your offer in its absolute discretion. In particular, but without limitation, we may reject orders where there may have been an error in the listing, or for orders for commercial quantities of goods.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website. The products sold on the Website are not for resale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.

You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.

  1. Accuracy, Completeness and Timeliness of Information

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. While we make reasonable efforts to display as accurately as possible, we are not responsible if information made available on the Website is not accurate, complete or current or if the colours and images displayed are not a precise representation of the colour or image. 

  1. Price And Payment

GST applies to sales to addresses within Australia and is included in the Australian dollar advertised price of each item.  

We use every effort to ensure that the prices displayed are accurate but occasionally genuine errors may occur. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 3 of these Terms of Service, we are not required to sell the goods to you at the price shown. If we discover an error in the price of the goods that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If your order is cancelled and you have already paid for the goods, then you will receive a full refund.

By submitting your payment details to us, you authorise us to transmit information to obtain information from third parties, including but not limited to, your debit or credit card numbers or other information to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorise individual purchase transactions. You confirm that the credit or debit card or paypal account you are using is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours notice in advance of any reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order within 48 hours of us sending you this email.

  1. Consumer Guarantees – second hand goods

Swanky Cycles adheres to Australian Consumer Law by providing consumer guarantees on our products and services. Second-hand goods sold in trade or commerce are covered by the guarantee of acceptable quality, but age, price and condition and the disclosure of any faults to you during the sales process must be considered when determining our obligations to you. You may be entitled to a repair, refund or replacement if the goods do not comply with the guarantee of acceptable quality. You may also have rights against the manufacturer of the goods even if the manufacturer’s warranty period has expired or the manufacturer’s warranty has not been transferred. 

If you have any concerns with the quality of the goods, please contact us via phone or email as soon as practically possible to determine an appropriate remedy. If you contact us by email, please include your order number for easy reference. If you wish to phone us, please have the order number and other details handy. We reserve the right to reject any return if we believe that our returns process is being abused.

If you are organising postage, we strongly suggest using a parcel service that is trackable and requires a signature on delivery. Swanky Cycles will not be held liable for any goods lost in transit.

  1. Warranty – new products

The benefits of this warranty are in addition to your rights and remedies under the Australian Consumer Law.

For new products only, we provide warranty coverage for manufacturers’ faults, defects, and/or failures of the product as detailed for each specific product below. To qualify for a warranty claim, you must be the original purchaser listed on the proof of purchase and lodge you claim within the warranty period. 

The warranty period for new Surron bikes is 6 months from date of purchase. 

The warranty will be void: 

(a) if the bike is used for hire or commercial purposes;

(b) if regular servicing or maintenance has not been carried out in accordance with manufacturer recommendations; or 

(c) if the product has been modified, altered, or altered from its original manufacturer’s condition.

This warranty does not cover any claims, damage, or failure caused by misuse, abuse, impact or collision, nor any damage resulting from exposure to water, natural disasters, fires, storms, floods, or similar events. Cosmetic damage, such as blemishes, stains, rust, or corrosion, or any other damage caused by exposure to external elements is also excluded.

We do not cover damage caused by foreign objects, debris, or contamination, nor any issues arising from incorrect fitment, installation, or assembly. Any repairs, modifications, or servicing carried out by unauthorised persons or companies are excluded. Damage occurring during freight or transport is not covered by warranty.

Normal wear-and-tear items, including tyres, tubes, bearings, brake pads, discs, seats, perishables, and fluids, are not covered. 

  1. Purchaser’s obligation to comply with laws

It is the responsibility of the purchaser to check local laws applicable to the use of e-bikes and comply with the relevant laws applicable in each state and territory.

Most Australian states require bikes that are being ridden on the road to be pedal assist only, not operated purely by a throttle and not capable of exceeding 25 km/h. 

Bikes with a throttle are sold for use on private property only. You acknowledge that these bikes are unable to be registered or legally ridden on the road or public property and you waive any claims against us in relation to such use. 

  1. Pickup – Id Required

If you have taken the option to pick up your items from our place of business, please either bring your driver’s licence or some other form of photo ID. 

  1. Bike Assembly

To keep freight costs to a minimum, bicycles require some assembly. This may include fitting the wheels, handlebars, pedals, seatpost and seat, and front brake caliper. We recommend that you take your boxed bike to a mechanic for assembly.  We don’t accept responsibility for incorrectly assembled bikes after they leave our place of business.

  1. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

  1. Intellectual Property

The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us.

  1. Disclaimer Of Warranties and Liability

We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Website and our Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website or our Service is at your sole risk. Except as required by Australian Consumer Law, the Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall us, our directors, employees or contractors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation consequential losses in connection with or arising out of your use of any of the Website, the Service or any goods purchased from us.

Despite the terms of these Terms of Service, you may have rights under the law. Nothing in the Terms of Service operates to limit or exclude any liability (or statutory warranties, terms, conditions, guarantees or any right or remedy) implied or imposed by any legislation that cannot be limited or excluded by law, including under the Australian Consumer Law.

We reserve the right at any time to modify or discontinue the Website or the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

  1. Indemnification 

You agree to indemnify, defend and hold harmless us and our officers, directors, employees and contractors harmless from any claims, losses, costs and expenses including reasonable legal fees, arising out of (i) your breach of these Terms of Service or (ii) any other liabilities arising out of your use of this Website, or (iii) any other person accessing our website using your personal information,  or (iv) your violation of any law or the rights of a third-party.


  1. Entire Agreement

These Terms of Service constitutes the entire agreement and understanding between you and us and governs your use of the Website and the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

  1. Third Party Links

As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of, or reliance on, any such advertising, content, products, materials or services available on such external websites or resources.

  1. Compliance

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

  1. Governing Law

These Terms of Service are governed by the laws of New South Wales and each party agrees submit to the non-exclusive jurisdiction of the courts of New South Wales.

  1. Contact Information

Questions about the Terms of Service should be sent to us at swankycycles@gmail.com

Our contact information is:
Swanky Cycles Pty Ltd 

swankycycles@gmail.com

0426367815