TERMS AND CONDITIONS FOR BIKE FITTING-SERVICE
Terms and Conditions for the bike fitting service of PerthBikeFitter.com.au are listed below.
ARTICLE 1 DEFINITIONS
“Customer” means any natural person who uses or wishes to make use of PerthBikeFitter
services;
“Service”: The bike fitting service, consisting of a static fitting, dynamic fitting and / or
peddling analyser, performed by PerthBikeFitter.
ARTICLE 2 APPLICABILITY
1. These terms and conditions apply to any offer and any purchase agreement between
PerthBikeFitter and a Customer to which PerthBikefitter has declared these terms, insofar as
these terms have not been expressly and in writing rejected by the parties.
2. The present terms and conditions shall also apply to agreements with PerthBikeFitter for the
execution of which PerthBikeFitter must involve third parties.
ARTICLE 3 OFFERS/PRICES
1. All offers, deals, and prices for PerthBikeFitter services are listed on this website.
2. All PerthBikeFitter offers have a validity of two (2) weeks, unless the offer has a different
term for acceptance. An offer will expire if the service to which the offer relates in the
meantime becomes no longer available.
3. A Customer’s booking is deemed to have been made in one of the following
circumstances:
a) The Customer has specified exactly which product and / or service he / she wishes to
receive; and / or
b) The Customer has made an appointment with PerthBikeFitter and PerthBikeFitter has
confirmed this appointment.
4. An agreement will be established when an order confirmation has been sent to the
Customer by email to the Customer’s email address.
5. Customer and PerthBikeFitter expressly agree that by the use of electronic forms of
communication a valid contract is established, or as soon as there has been an agreement in
any other way.
6. The Customer shall pay the price which PerthBikeFitter has notified to him / her in its order
confirmation. Apparent errors in the pricing, such as obvious inaccuracies, may also be corrected by PerthBikeFitter after the
agreement has been established.
7. All offers on the PerthBikeFitter website are non-binding, even if they contain a term of
acceptance. PerthBikeFitter reserves the right to withdraw offers. All offers are subject to
availability, price changes and / or typos are reserved.
ARTICLE 4 APPOINTMENTS
1. The appointments made by PerthBikeFitter are always subject to change and may be
amended by PerthBikeFitter until twenty-four (24) hours before and can never be regarded
as a fatal term.
2. If PerthBikeFitter needs data from the Customer for the performance of the agreement, the
execution period will not apply earlier than after the Customer has made it complete
and correctly available to PerthBikeFitter.
3. PerthBikeFitter is happy to reserve time for the Customer to guarantee a good service.
Therefore It is important that the Customer notifies PerthBikeFitter about failure to attend an
appointment at least 24 hours in advance via info info@PerthBikeFitter.com.au email or direct with the fitter. If the Client does not appear on the appointment without a notice
at least 24 hours prior to the scheduled appointment by e-mail, PerthBikeFitter is required to
charge 1/3 of the cost for this event due to profit loss. If the Customer cannot appear
due to ‘compelling grounds’, PerthBikeFitter will take these into account when deciding to
charge the cancellation fee.
ARTICLE 5 TERMINATION
1. The claims of PerthBikeFitter on the Customer are immediately due in the following cases:
a) if PerthBikeFitter becomes aware of any circumstances giving PerthBikeFitter grounds to
suspect that the Customer will not meet his obligations;
b) If PerthBikeFitter has asked Customer to provide some form of security with regard to
his payment capacity, and this security remains absent or is insufficient.
2. In the cases referred to in paragraph 1, PerthBikeFitter is authorised to suspend the further
execution of the agreement or terminate the agreement, without prejudice to the right of
PerthBikeFitter to claim damages.
3. If the termination is attributable to the Client, PerthBikeFitter is entitled to compensation for
damages, including costs, resulting directly and indirectly from the termination.
ARTICLE 6 LIABILITY
1. If PerthBikeFitter insurance policy does not cover an incident or the insurer does not pay
out, any liability of PerthBikeFitter shall be limited to a maximum of $ 1,000 (one thousand
AU Dollars) per event.
2. The Service is purely advisory. No rights can be derived from the results of a Service.
For medical conditions and the like, the Customer must contact a doctor. PerthBikeFitter is
not liable for any medical consequences.
3. The Service is carried out entirely at the sole discretion of the Customer. PerthBikeFitter is
not liable for any kind of damage incurred by Customer or Customer’s bicycle during
the performance of the Service or as a result of the Service.
4. It is possible that PerthBikeFitter on its website links to other websites that may be
interesting or informative to the visitor. Such links are purely informative and PerthBikeFitter
is not responsible for the content of the websites referred to or their use.
5. In all other cases, PerthBikeFitter liability is limited to the amount of the amount paid out by
the liability insurer insofar as this liability is covered by its insurance.
ARTICLE 7 FORCE MAJEURE
1. PerthBikeFitter is not required to comply with any obligation to the Client if he is hindered as
a result of force majeure or circumstances that are not attributed to him by fault or
due to law, legal action or common conceptions.
2. Force majeure will be defined by, second to its definition in law and jurisprudence,
conditions that prevent execution of PerthBikeFitter obligations which are not attributable to
PerthBikeFitter. These include: strikes; lack of raw materials or other goods or services
necessary for the purpose of execution of the agreement; unforeseeable stagnation
with suppliers, freight forwarders or other third parties on who PerthBikeFitter is dependent;
and unforeseeable overrun of production capacity and transport problems.
3. PerthBikeFitter also has the right to appeal to force majeure if the circumstance that
prevents (further) execution occurs after the agreed deadline.
4. During force majeure, the delivery and other obligations of PerthBikeFitter will be
suspended. If the period in which the failure to execute PerthBikeFitter obligations is
caused by force majeure lasts longer than six months, both parties are authorised to
dissolve the agreement without any liability for damages.
5. If PerthBikeFitter has already partially fulfilled its obligations or only partially can fulfill its
obligations, it is entitled to invoice the delivered or deliverable item and the Customer is
obliged to comply with this invoice as a partial execution of the agreement.
ARTICLE 8 WARRANTIES
1. If the Service proves to be insufficient, Customer will be entitled to a one-off after-check
of the Service if the Customer wishes to inform PerthBikeFitter in writing within one (1)
month by e-mail.
ARTICLE 9 PAYMENT
1. Payment must be made prior or on the day of the service. After expiry of this term, Customer is in default. The Client
is liable to pay interest at the rate of 10% per month from the moment of default.
2. Payment must be made without discount or settlement.
3. Payments made by the Customer are always attributed primarily to all current interest
and costs due and, secondly, to receivables that are the longest available even if the
Customer states that the payment relates to a later invoice.
ARTICLE 10 COLLECTION FEES
1. If the Customer is in default or fails to fulfil one or more of his obligations, all
reasonable costs for obtaining compensation shall be paid by the Customer. In any
case, the Customer is liable for collection fees.
2. In the event of legal proceedings, the Customer shall be liable for all costs incurred by
PerthBikeFitter in conducting these procedures, if and in so far as the Customer is liable.
ARTICLE 11 PRIVACY
1. The Customer is responsible for the accuracy and completeness of the personal data
required for the use of the Service. The Customer is also obliged to treat his personal
data confidentially and not make it available to unauthorised third parties. PerthBikeFitter
attaches great importance to the security of its users’ personal data. All personal data
sent by a user (title, name, address, email address, telephone number, locations) is
retrieved, stored and processed in accordance with the specific country-specific
legislation. PerthBikeFitter collects, preserves and processes personal data only as required
for the proper execution of the Service.