These Terms and Conditions (“Terms”) govern the sale of products and provision of related services by True North E-Bikes Pty Ltd (“True North”, “we”, “our”, or “us”) to any natural or legal person (“Customer”, “you”, or “your”). By placing an order with us or using our website or services, you agree to be bound by these Terms.

1. Definitions

• For the purposes of these Terms, the following definitions apply:
• Agreement: Any written contract, including these Terms and any modifications thereto, between True North and the Customer.
• Customer/Client: Any individual or entity entering into an Agreement with True North, including both private consumers and businesses.
• Consumer: A natural person purchasing Products for personal, non-commercial use.
• Order: A request by a Customer to purchase Product(s) and/or engage our Services.
• Products: Any electric bicycles, accessories, or related goods offered by True North.
• Services: Any services provided by True North that are directly connected with the sale, delivery, or maintenance of our Products.
• Website: Our official site (insert URL) through which orders may be placed and information accessed.
• Mobile Service: If applicable, our SMS/text messaging service used for order updates, promotions, and other communications.

2. Scope and Applicability

• These Terms form an integral part of every Agreement between True North and a Customer for the purchase of Products or the provision of Services.
• Any conditions or additional terms proposed by the Customer that conflict with these Terms shall have no effect unless expressly agreed in writing by True North.

3. Quotations and Order Formation

• Any price quotation or offer provided by True North is an invitation to place an Order and is not binding until True North confirms acceptance.
• An Agreement becomes effective only when True North confirms an Order in writing or otherwise explicitly accepts the Customer’s Order.
• True North reserves the right to cancel an Order at any stage before shipment without incurring further liability, except to refund any amounts already received as an advance payment.

4. Product Information and Pricing

• All prices are quoted in Australian Dollars unless otherwise stated. Where prices are displayed in another currency, the amount is subject to conversion based on prevailing rates at the time of Order confirmation.
• Prices include applicable Goods and Services Tax (GST) and other statutory taxes. Additional charges such as shipping, handling, customs duties, or other fees may apply as detailed at the time of purchase.
• True North reserves title to all Products until full payment, including any applicable charges, is received.

5. Payment Terms

• Payment for Products is generally required at the time the Order is placed or upon issuance of an invoice.
• No set-off or retention of payment by the Customer is allowed unless previously agreed in writing by True North.
• Any unforeseen changes in costs due to fluctuations in third-party fees, currency conversion, or import/export duties may be passed on to the Customer if these factors affect the final price.

6. Delivery and Shipment

• Delivery dates provided are estimates only and commence upon True North’s written confirmation of the Order, subject to any delays in obtaining required information from the Customer.
• True North may deliver Products in multiple shipments where necessary.
• Unless the Customer is a Consumer (as defined above), the risk of loss or damage to the Products passes to the Customer once the Products are handed over to the chosen carrier. For Consumers, risk passes upon actual receipt or acceptance of delivery.
• In the event that a Customer fails to collect an Order within a reasonable timeframe, True North may store the Product(s) and ultimately dispose of them after providing notice. The Customer remains liable for any outstanding amounts, including additional handling or storage fees.

7. Inspection, Complaints, and Returns

• Customers should inspect the Product(s) upon delivery. Any visible defects or discrepancies must be reported to True North in writing within 5 calendar days of receipt, including supporting evidence such as photographs.
• Any issues discovered after this period must be reported as soon as reasonably possible, but no later than 14 days from delivery. Failure to notify within these periods may forfeit any claim for remedy.
• Returns are subject to our Return Policy. Consumers have a statutory right to withdraw from their purchase within 14 calendar days from the date of delivery. Returned items must be in their original condition and packaging.

8. Customer Obligations

• The Customer agrees to provide all information required by True North in a timely and accurate manner to facilitate Order processing and delivery.
• The Customer shall not remove or obscure any proprietary labels, trademarks, or instructions included with the Product(s).
• Any unauthorized tampering, modification, or reverse engineering of our Products voids any applicable warranty.

9. Cancellation and Right of Withdrawal

• Consumers have the right to cancel their Order within 14 calendar days from receipt of the Product(s) without incurring additional charges, in accordance with our Return Policy.
• Products must be returned in the original packaging, and the Customer is liable for any diminished value due to handling beyond what is necessary to assess the Product’s characteristics.
• Refunds will be processed using the original method of payment once the returned Product(s) are received and inspected by True North.

10. Warranty and Repairs

• True North provides a limited warranty on all Products, which covers defects in materials and workmanship for a period specified at the time of purchase.
• This warranty is the exclusive remedy for any breach and is limited to the original purchase price. No additional, implied, or consequential damages shall be recoverable.
• In the event of a warranty claim, True North may, at its discretion, either repair the defective Product, replace it with an equivalent model, or offer a mutually agreed discount.
• The Product remains at the Customer’s risk during any repair or replacement process.

11. Customer Representations and Assumption of Risk

• By accepting these Terms, the Customer confirms that they are familiar with the proper use, maintenance, and safety precautions for the Product(s).
• The Customer acknowledges that riding an electric bicycle involves inherent risks, including but not limited to accidents, injuries, or property damage. True North shall not be liable for any such risks beyond what is stated in these Terms.
• The Customer agrees to indemnify True North from any claims arising from the use or misuse of the Product(s).

12. Limitation of Liability

• True North’s total liability in connection with any Order is limited to the amount paid by the Customer for that Order.
• Under no circumstances shall True North be liable for any indirect, special, or consequential damages, including lost profits or data, even if such damages were foreseeable.
• Where permitted by law, this limitation applies regardless of the cause of action, whether in contract, tort, or otherwise.

13. Force Majeure

• True North shall be excused from performance of its obligations if prevented by events beyond its reasonable control (e.g., natural disasters, acts of terrorism, government actions).
• If a force majeure event persists for more than one calendar month, either party may terminate the Agreement without liability for damages caused by such delay.

14. Termination

• True North may suspend or terminate an Agreement immediately if the Customer fails to meet its obligations, including timely payment or providing required information.
• In the event of termination, the Customer remains liable for any fees incurred up to the termination date and any additional costs resulting from the termination.

15. Use of Website and Mobile Services

• The content and functionality of our Website are provided for information and Order placement only. True North reserves the right to correct any inaccuracies or update content without notice.
• Customers agree not to use the Website or Mobile Service for any unlawful purpose, including transmitting harmful content, unauthorized data harvesting, or other activities that may interfere with the proper operation of our services.
• For any mobile messaging service provided by True North, by subscribing, you consent to receive text messages containing Order updates, promotional offers, or other information. Standard messaging charges may apply. You may opt-out at any time by following the instructions provided in each message.

16. User Submissions and Feedback

• Any suggestions, feedback, or comments submitted to True North become our property, and we may use them without obligation or compensation to you.
• True North is not responsible for any third-party content that may be posted or transmitted through our services.

17. Assignment and Transfer

• True North may transfer its rights and obligations under an Agreement to a third party without notice. Should such a transfer occur, you may terminate the Agreement if you do not wish to continue under the new arrangement.
• The Customer may not assign or transfer its rights or obligations without our prior written consent.

18. Privacy

• We respect your privacy. Please refer to our Privacy Policy (available on our Website) for details on how we collect, use, and protect your personal information in connection with our services.

19. Severability

• If any provision of these Terms is found to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

20. Governing Law and Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia.
• Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in New South Wales, Australia.

21. Amendments

• True North may amend these Terms from time to time. Any changes will be communicated through our Website or via email. Continued use of our services following any amendments constitutes acceptance of the updated Terms.

22. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

True North E-Bikes Pty Ltd
Email: info@truenorthbikes.com
Postal Address: PO Box 7619 Bondi Beach, NSW, Australia

Please review these Terms carefully before placing an Order. Your use of our Products and Services signifies your agreement to be bound by these Terms.