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We, Us, Our and similar expressions, refer to Wyld Bikes Pty Ltd (ACN 649 400 162), and where applicable its Related Bodies Corporate. You and similar expressions, refer to the person, corporation, trust or partnership purchasing products from Us and whose name appears in the order documents. We operate this Site including any related domains utilised by us.

Any quotation, credit application or delivery docket form part of these terms, whether signed by you or not (together with the terms, the Agreement). You should read and consider carefully these terms and conditions before placing an order. Site shall mean this website and any Social media platform utilized by us.

1. General terms

    1.1 In return for us agreeing to consider your order you agree that these conditions apply.

    1.2. We are not obliged to accept any orders from you, but if you do place an order with us then it becomes binding from the moment that we accept it even if we do not tell you that it has been accepted. Any quotation is merely an invitation to you to place an order with us.  If you offer to purchase goods based on a quotation from us, then your offer is subject to these conditions. Unless we have given an applicable quotation, the purchase price for goods is the price appearing in our price list current at the date on which the goods are ordered. We may alter the prices appearing on its price list at any time. Unless otherwise indicated, prices on quotations and price lists do not include the cost of freight or Goods and Services Tax (GST).  Unless otherwise indicated, you must pay to us the freight costs and the amount of any taxes arising out of the sale of the goods, in addition to the purchase price for the goods.

    1.3. We may cancel acceptance of an order at any time. If we cancel acceptance of an order in accordance with this clause, we must refund any deposit paid in relation to the order, but otherwise have no liability to you in relation to the cancellation.

    1.4. You may cancel any order at any time prior to delivery of the ordered goods, but if you do so you must pay us a cancellation fee of 50% of the purchase price of the ordered goods.

    1.5. Orders should specify the following details: product name, product number, SKU number, delivery period, delivery address, and order number, if applicable.

    1.6. These conditions prevail even if they are inconsistent with anything in any earlier or later order form or similar document.

    2. Payments and Credits

    2.1. Unless we agree in writing to give you credit, you must pay $500 deposit on bicycle orders on order completion and balance including shipping prior to dispatch.  All apparel sales will require full payment on order confirmation.

    2.2. At our discretion, we may decline to give you further credit at any time. If we do decline to give you further credit then that decision does not affect the credit terms which apply to any amounts you then owe to us.

    2.3. If any amount you owe to us is not paid within 7 days of the due date then all of the monies that you owe us on any account become immediately due and payable; and without limiting our other rights we may suspend the supply of service and defer or cancel any outstanding orders. If you do not pay an invoice by the due date, a late payment fee of 2% above the prime overdraft rate charged from time to time by our bankers calculated and payable daily may be imposed. In addition, without limiting any right contained below, you will be liable to indemnify us for all expenses incurred by us in recovering any amounts which you fail to pay by the due date (including any commission payable to any commercial or mercantile agents and legal costs).

    2.4. In the event that we deliver on credit, you acknowledge that we have a security interest in the Goods for the purposes of the Personal Property Securities Act (Cth) (PPS Act) and to the extent applicable the PPS Act applies. To give effect to the above, you consent to us effecting a registration on the Personal Properties Securities Register (PPSR) (in any manner we consider appropriate) in relation to any security interest arising under or in connection with this Agreement or any hire agreement and you agree to provide all assistance reasonably required to facilitate this. You also undertakes to do all such things, including executing any new document or providing any information that is required by us so that we acquire and maintain a perfected security interest under the PPSA in respect of the Goods and its proceeds, so that we may register a financing statement or financing change statement and to ensure that our security position, and rights and obligations, are not adversely affected by the PPS Act.

    2.5. We may increase any agreed sale price after we accept an order, to cover the full amount of any increases in indirect taxes and duties such as sales taxes, GST, consumption taxes and stamp duty which we incur in connection with a transaction after the date of your order. We may also impose a charge for accepting payments by credit card. We may set off against any credit owed to you any amount owing by you to us.

    3. Eligibility

    3.1. As a Customer you represent and warrant: 

    (a) you are [18] years or older;

    (b) you will abide by these Terms and any policies on the Sites which may be posted and made available to you from time to time; and

    (c) all information provided by you for the purpose of establishing your Account is true, accurate and correct and you will notify us immediately of any changes to that information, this includes but is not limited to credit card or direct debit information. We will handle all personal information we collect in accordance with our Privacy Policy [insert link].

    4. Use of Sites

    4.1. You must not misuse any Site and only use it for lawful purposes. You will not use the Sites (including any of Wyld Bikes social media sites) for any activities, or post or transmit to or via the Sites any information or materials, which: 

    (a) breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes;

    (b) interferes with other Customer, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Sites;

    (c) is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;

    (d) commits or encourages a criminal offence, transmit or distribute a virus, Trojan, worm or post any other material which is malicious and technologically harmful;

    (e) hacks or disables any part of the Sites to corrupt data, cause annoyance to other; or

    (f) Customer, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this Site.

      4.2. You represent and warrant that if you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites. As the Sites may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia.

      5. Content

      5.1. The Sites and their content are subject to copyright, and other intellectual property rights. These rights are owned by Wyld Bikes Pty Ltd ACN 649 400 162 or in the case of some material, a third party, where the third party has provided permission to use the content.

      5.2. You must not otherwise reproduce, transmit (including broadcast), communicate, upload, adapt, distribute, sell, modify or publish or otherwise use any of the material from the Site, including code and software, audio and video excerpts, except as permitted by statute or with our prior written consent.

      5.3. Our Sites includes registered trademarks, and other marks that are otherwise protected by law. You may not use our trademarks without our written consent or any third party’s trademarks without their consent.

      5.4. The Sites may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites at your own risk.

      5.5. Many of the products and services offered for sale or advertised and much of the information provided via the Site are the products, services and information of third parties. These third party products, services and information are not provided or delivered by Wyld Bikes. Further, we may receive fees or commissions from third parties for products or services displayed or made available on the Sites or accessible through a link on the Sites. You acknowledge and consent to us receiving such fees.

      5.6. By posting or adding any content onto the Sites or otherwise supplying material or information to us by any means, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, modifying, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

      5.7. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you supply any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

      5.8. The license referred to above will survive any termination of these Terms.

      5.9. You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out above.

      6. Intellectual Property and Rights

      6.1. You acknowledge and agree that the Sites and all data related to the access and use of the Sites (including all intellectual property rights in all of the foregoing) are and remain the property of Wyld Bikes Pty Ltd.

      6.2. You acknowledge and agree that you will not:

      (a) improperly use the Sites; or

      (b) use any of our names, logos or marks for any commercial purpose except as expressly for by us; or

      (c) try to register or otherwise use or claim ownership over any of our names, logos or marks.

      6.3. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Sites.

      7 Indemnities

      7.1. You agree to indemnify and hold us and our supplies, affliates, partners, subsidiaries, directors, shareholders and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees), incurred by an Indemnified Party arising out of or related to: 

      (a) your breach of these Terms;

      (b) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you;

      (c) any dispute or litigation between an Indemnified Party and a third party caused by your actions; and 

      (d) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with us or your use of the Platform. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of ours and /or our suppliers, affiliates, partners, subsidiaries and employees.

      8. Social Media

        8.1. Wyld Bikes uses a number of social media sites (eg Twitter, Youtube, Facebook, Instagram, Pinterest and Tiktok), but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with our Customer.

          8.2. Third party social media sites will also be governed by their own particular terms of use Wyld Bikes does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any Customer or members on Sites or Wyld Bikes social media sites. Any information or material placed online by Customer, including advice or opinions, is the view and responsibility of those Customer and does not necessarily represent our views.

            8.3. Customer must not post or upload any comment, content or link to the Sites (including and social media sites) which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.

              8.4. Wyld Bikes may moderate user-posted content and may remove and content that, in our opinion, is inappropriate. While we review content regularly, there may be times when inappropriate content is viewable before it can be removed.

                8.5. Wyld Bikes does not undertake to inform Customer when such content has been moderated or removed. We may provide warnings, or otherwise block or suspend Customer or their account in our sole discretion.

                  8.6. Where you post or submit content to a Site, you warrant that you:

                  (a) Have permission of the person/s appearing in the content to submit it to the Site;

                  (b) And for them and their image or likeness to be subject to these Terms, including use by Wyld Bikes and our Privacy Policy;

                  (c) Have the right to submit the content (including copyright), the content is your own

                  (d) Original creation, and that you unconditionally and irrevocably consent to any act;or

                  (e) Omission which might infringe any moral rights you may have in content (as defined in the Copyright Act 1968 (Cth));

                  (f) Wyld Bikes may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving Wyld Bikes) at any time in the future, and via any media;

                  (g) Wyld Bikes does not accept any responsibility or liability where content is downloaded from the Sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Wyld Bikes does not accept any liability for such actions; and

                  (h) Any personal information you provide about yourself, or the person/s appearing in user submitted content, may be used by Wyld Bikes to conduct campaigns, research and marketing activities (including informing you about special offers from Wyld Bikes and to become part of databases maintained by Wyld Bikes or any of its associated entities), and otherwise be used in accordance with our Privacy Policy.

                  9. Updates & Termination

                    9.1. You acknowledge and agree that we may:

                    (a) vary these Terms at any time. By continuing to use the Sites you consent to any variations. It is your responsibility to regularly check these Terms for any variations.

                    (b) at any time, and in our sole discretion, suspend or terminate the access to the Sites for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities.

                    (c) disclose any information we may have about a user in relation to an investigation or allegation that your use of the Sites breaches these Terms, or any applicable laws.

                    (d) identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief in the relevant jurisdiction.

                      10. Guarantees Warranties and Limitations

                      10.1. We guarantee that goods are of acceptable quality when sold. In the event that a good is not of acceptable quality when sold you should immediately contact us by the methods described below. For all household goods (as defined by the ACL) if there is a major failure of one of our guarantees, you are entitled to a refund or to reject the item and to get an identical replacement or one of similar value if reasonably available or to keep the goods and get compensation for the drop in value caused by the problem. If there is a minor failure we can chose to repair or replace any item sold by us or to offer you a refund. Important Exclusions: Our warranty does not cover: in transit damage; reasonable directions; wilful abuse or misuse. This warranty this warranty does not cover any products sold ‘as is’ or used in breach of our warranty, any damage caused by products not used according to product instructions, consequential damage or incidental damages (except as provided for in the ACL), personal injury, lost profits, lost savings or other economic damages, loss of use of the goods, rental or hire use, damage from prolonged exposure to fire or heat, damage from fraud, intentional acts, war, hostilities, terrorism or vandalism or acts of God.

                      10.2. We sell our products by specification and we guarantee that they are fit for the purpose for which goods of that kind are commonly supplied. You decide what specific purpose to use them for or to re-supply them for.  Further, unless specifically stated in writing on the quotation, we take no responsibility – variations in colour or texture.

                      10.3. Delivery times are estimates only and we are not liable for minor delays in delivery. In this respect you agree that time is not of the essence.

                      10.4. The law implies various terms, conditions and warranties which might apply to our supplying goods or services to you. We exclude all of those implied terms, conditions and warranties to the fullest extent permitted by law.

                      11. Ownership

                        11.1. We remain the owner of all of the goods covered by an order until you have paid the full price for those goods plus any associated charges. Payments by cheque do not count until we receive payment on the cheque.  Until you become the owner of particular goods, we may enter into any premises if we have reasonable grounds to expect that we may find any part of the goods there.  If you default in paying any part of the price or associated charges in connection with an order we may re-take possession of the goods supplied under the order.  That applies even if we hold some negotiable instrument or security for the amount unpaid. You acknowledge that at all times until full payment is received, we retain title (even if you go into liquidation or become bankrupt) and in no circumstances will the goods be deemed fixtures.  If you resell any of the goods (even if mixed with other goods) before becoming the owner, you are acting as our selling agent and shall act as bailee although only to the absolute minimum extent necessary to protect our ownership.  If the goods are sold in the ordinary course of business then you will hold the proceeds of sale on trust for us.  Should we seek to recover the goods you hereby grant to us a licence to enter onto your premises to facilitate recovery of the goods and indemnify us for any damage which has been caused to the goods. Risk with respect to the goods (including any loss, damage or deterioration) shall pass to you immediately when the goods leave our premises.
                          11.2. No goods may be returned to us without our prior written approval and then only upon such terms as we may require which may include inspection, re-packaging and transport costs.

                          12. No reproduction or copy

                            12.1. You must not reproduce or copy, in whole or in part, the design of any product or the design printed on any fabric or packaging forming part of any product. You must not create anything which is substantially identical or deceptively similar to any goods, any part of any goods or any packaging or fabric forming part of any goods.
                              12.2. Except for bona fide sales of Goods by the nominated retail store, you must not sell, hire or otherwise provide any goods to any person, firm or company unless that person, firm or company, has executed in a manner satisfactory to us an undertaking in favour of us in the same form as the undertaking in this Clause.

                              13. General Conditions

                                13.1. We reserve the right to vary the specifications or performance criteria of any product from time to time and to obtain products from different sources, at our absolute discretion. We may do that without telling you provided we have reasonable grounds for believing that the alternative product offered is substantially similar to that previously offered or represents an improvement.
                                  13.2. You are bound by any certificate signed by any of our directors or solicitors which shows any amount or calculation relevant to what you owe us. The only exception is where you can prove the certificate is wrong.

                                  14. Returns and Credits

                                    14.1. Returns and claims for credit must be made within 14 days of receipt of goods. After 14 days you will be deemed to have waived all rights to return goods or claim credits and all such returns made or credit claims sought after 14 days shall be accepted at our sole discretion. All claims will be treated on an individual basis and are limited to the invoiced price of goods.
                                      14.2. Returns will not be accepted unless conveyed to the our premises by a carrier nominated by us and accompanied by a written return request containing the following details: reasons for the return, authorisation number, invoice number, product number, SKU number, and purchasers claim.
                                        14.3. Returns and claims may not be made in relation to discounted goods. Discounted Goods refers to goods which have had a reduction in their basic sales price prior to the sale of such goods to you.

                                        15. Other Terms

                                          15.1. These conditions can only varied by one of our authorised officers signing a document which states the variation, and the transaction to which the variation applies.
                                            15.2. If any provision of this agreement shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
                                              15.3. You are not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by us.
                                                15.4. The failure by us to enforce any provision of term and condition of this agreement shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
                                                  15.5. The description, illustration and performance of any product contained in our catalogue, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this agreement. Any representation made about fitness for purpose is only made for general guidance only and you should fully satisfy yourself that the product will meet your requirements and will be suitable for your intended purpose.
                                                    15.6. Delivery shall be at the address nominated on the quotation as the delivery address. In the event that a delivery address is not specified and/or in the event that you request us to store the goods, we may charge you for the same.
                                                      15.7. You hereby indemnify us against any liability, loss or damage we may incur or sustain as a result of the use of the goods and any failure, act or omission by you.
                                                        15.8. We may complete any blanks on any form on your behalf.
                                                          15.9. Our transactions are governed by the law of New South Wales.

                                                          16. GST

                                                            16.1. Despite anything else in this agreement to the contrary, to the extent that we are liable to pay GST in connection with any taxable supply pursuant to this agreement (the affected supplies)-

                                                            16.2. We may add to each of the amounts payable by you for the affected supplies, an allowance in respect of GST as reasonably calculated by us (for past, present or future GST liabilities) and you must pay us the higher amount which results.

                                                            16.3. We may make a further charge after termination, being a further allowance in respect of any remaining GST as reasonably calculated by us and you must also pay us that charge.

                                                            16.4. Any amount payable under this agreement, including an amount payable because of the previous provisions, remains payable whether or not there is disclosure of any amount included on account of GST.

                                                            16.5. We must comply on demand with our obligations in relation to the issue of any relevant tax invoice to you.

                                                            17. PPS Act

                                                              17.1. You waive the right to receive any notice under the Act (including notice of a verification statement) unless the notice is required by the Act and cannot be excluded.

                                                              17.2. You acknowledge that if our interest under this Agreement is a security interest for the purposes of the Act:

                                                              17.2.1 that security interest relates to the Goods and all proceeds of any kind; and

                                                              17.2.2 each sale is a security agreement for the purposes of the Act.

                                                              17.3. We may in our absolute discretion perfect any security interest held by us against any third party on whose site the Goods are located in any manner that we consider appropriate to protect our interest in the Goods.

                                                                17.4. If requested by us, you must provide us with all details as to the location of the Goods and the identity of any sub-lessee or third party that has been given possession.

                                                                17.5. (Subject always to our consent) If you sub-lease or provide the Equipment to a third party you must do everything required to ensure that your security interest has attached and is perfected by registration on the PPSR.

                                                                17.6. You undertake not to:

                                                                17.6.1 register a financing change statement in respect of a security interest contemplated or constituted by this Agreement without our prior written consent; and

                                                                17.6.2 register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without our prior written consent.

                                                                17.7 If the PPS Act applies to the enforcement of a security interest arising under this Agreement:

                                                                17.7.1 section 115(1) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and you will have no rights under them: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and

                                                                17.7.2 section 115(7) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and you will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.

                                                                17.8. You agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by an interested person. You waive any right you may have, or but for this clause may have had, under section 275(7)(c) of the PPS Act to authorise the disclosure of the above information.

                                                                  17.9. For the purposes of section 20(2) of the PPS Act, the collateral is the Goods. This Agreement is a security agreement for the purposes of the PPS Act.

                                                                  17.10. You agree to notify us in writing of any change to your details set out in the Credit Application, within 5 days from the date of such change.

                                                                  18. Sales via The Internet

                                                                    18.1. You may not use, and may not allow the use of the trademarks without our prior written consent.
                                                                      18.2. Without limiting clause 1, you shall not itself, and shall not allow any other person, to publish, disseminate or otherwise use our trademarks by means of the Internet without our prior written consent.
                                                                        18.3. Without limiting clauses 1 or 11.2, you must not without our prior written consent, use, register or attempt to register, or suffer or permit any 3rd party using, registering or attempting to register any: domain name; user name; meta tag; Uniform Resource Locator ("URL"); or any other form of name or designation used in connection with the internet, incorporating our trademarks or any words or combinations of letters substantially identical or deceptively similar to our trademarks.
                                                                          18.4. You may sell the products directly to end consumers via the Internet subject to the following conditions: You may only promote and utilise a website owned and operated by or on your behalf, and upon which your corporate name is a key part of the URL or domain name; provided that your prior approval of the presentation and sale of products on such web site shall first be had and obtained, which approval may be withheld if, in our discretion, such web site fails to meet such commercially reasonable standards as we may impose from time to time.
                                                                            18.5. You may not sell to retailers which market products over the Internet.
                                                                              18.6. You shall have no right to use any domain name in which our trademarks appears as part thereof or in connection therewith without our prior written consent.