IN ORDER TO PROTECT YOUR INTERESTS, YOU SHOULD READ THESE TERMS CAREFULLY BEFORE PLACING AN ORDER WITH US. THESE TERMS APPLY ONLY TO GOODS PURCHASED THROUGH GIANT ONLINE, AND DO NOT APPLY TO IN-STORE PURCHASES. PLEASE REFER TO YOUR LOCAL RETAILER FOR THEIR TERMS & CONDITIONS FOR IN-STORE PURCHASES.
YOUR ACCEPTANCE OF THESE TERMS
This is an agreement between you and all persons you represent (referred to as “Consumer”, “you,” “your,” or “user” herein) and Giant Bicycle Co Pty Ltd trading in New Zealand as Giant Bicycles New Zealand and registered in New Zealand under New Zealand business number 9429036519330, whose principal place of business in New Zealand is located at 42 Olive Road, Penrose, Auckland 1061, info@giantbicycle.co.nz ("Giant" and sometimes also referred to as “us,” “we” or “our” herein) regarding your access to and use of Giant’s giant-bicycles.com/nz & liv-cycling.com/nz website(s) and all content, information, products and services available on or through those website(s) (collectively, the "Website").
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Terms, and you represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person you purport to represent. If you do not agree with any part of these Terms, or if you are not authorised to agree to and accept these Terms on behalf of the person you purport to represent, you may not access or use the Website.
PRIVACY POLICY
Our Privacy Policy applies to your access and use of this Website, including any personal information provided by you via this Website. The terms of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to these terms and in the event of conflict between the two, these Terms shall govern and prevail. If you do not agree with the Privacy Policy, do not use this Website.
TERMS GOVERNING ALL ORDERS
These Terms apply to any and all purchases made by you from Giant via the Website. If you place an order with Giant it means you have read and expressly agree, consent to, and accept these Terms. You must be 18 years or older to make a purchase on this Website. These Terms apply to all sales of bicycles, clothing, and any and all other goods and products offered on this Website (collectively, “Products”). These Terms cannot be altered, other than in writing and signed by an Officer of Giant. In the event of any inconsistency or conflict between these Terms and any provision in any Consumer-submitted order or writing, in any other document writing, or any oral arrangement in connection with an order of any Product, these Terms shall govern and control (and any inconsistent provisions shall be void). Giant reserves the right to change or modify these Terms at any time in its sole discretion. Notice of any such changes to these Terms will be provided by Giant by posting a notification on this Website or updating the date referenced at the top of the revised Terms or as otherwise deemed appropriate by Giant. Giant’s right to require strict observance and performance of each of these Terms shall not be reduced, vitiated, or otherwise affected by any current or past waiver of any of these Terms (or by any previous course of dealing).
ORDERS AND ACCEPTANCE
When you place an order on the Website, such order will not be deemed accepted by Giant unless and until an “Order Confirmation” acknowledgment is sent to you via email by Giant. Orders accepted by Giant may not be cancelled without Giant’s express written consent, which Giant may withhold in its sole discretion. All orders are subject to the availability of the ordered Product. Giant reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. Also, even if an order has been accepted, Giant may subsequently cancel such order in whole or in part due to Product availability (including without limitation, any discontinuation of the Product), price change, if the incorrect Product price was displayed on this Website, or as otherwise determined by Giant in its sole discretion. You will be notified of any order cancellation and any amounts you have paid to Giant in respect of such order shall be refunded as set forth in the “Payment” paragraph of these Terms.
OUT OF STOCK/BACKORDER
Under rare circumstances, an item may become out of stock before we are able to ship out the order. We will always contact you prior to shipment if this happens and we will try our best to remedy the situation and will notify you of the date by which the item will become available. However, due to limitations we cannot accept back orders. If you wish to substitute an item, you will need to contact us to arrange for a substitute or to cancel your order outright. If the item is not available, we will cancel your order. If your payment has already been processed for the purchase when your order is cancelled, Giant will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. In the event that we are unable to contact you within 10 working days, the order will be deemed cancelled and any sums you have already paid to us in respect of the goods shall be refunded to you.
PAYMENT METHODS
All orders must be paid in full prior to shipment. Giant accepts payment via MasterCard & Visa credit cards and debit cards as well as ZIP and Afterpay. For ZIP and Afterpay terms and conditions, please refer to their product terms and conditions which are linked at the checkout. Payment information is submitted by you upon the placement of any order, and acceptance and fulfillment of the order by Giant is subject to verification of payment information and availability of funds. Only valid credit or debit cards acceptable to us may be used and all refunds will be credited to the same card used in the purchase. By submitting your order, you represent and warrant that you are authorised to use the designated credit or debit card and authorise us to charge your order (including taxes, handling and click & collect charges, and any other amounts described on this Website) to that credit or debit card. If the credit or debit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
Unfortunately, we cannot work out credit card problems with your financial institution if a credit card is declined. It is your responsibility to settle credit card problems with the issuing institution, and then place the order again when the problem is resolved.
If a credit card authorisation fails, we reserve the right to cancel your order without notifying you.
GOODS AND SERVICES TAX (GST)
All prices quoted on our Website(s) www.giant-bicycles.com/nz & www.liv-cycling.com/nz are in New Zealand Dollars and are inclusive of GST.
YOUR RIGHTS UNDER NEW ZEALAND CONSUMER LAW
Our goods come with guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act 1993 (“CGA”). You are entitled to a replacement or refund for a failure of substantial character and, in some circumstances, for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a failure of substantial character. Nothing in these Terms limit the consumer guarantees under the New Zealand Consumer Guarantees Act in any way.
You agree and acknowledge that if you are in trade and acquire, or hold yourself out as acquiring, the products for business purposes in terms of section 43(2) of the CGA, then the CGA does not apply and that its non-application is fair and reasonable.
LIMITS OF RESPONSIBILITY
Subject to your rights under the CGA, we accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product.
PRICE AND/OR DESCRIPTION CHANGES
All prices, pictures, and descriptions on this Website are subject to change. Subject to your rights under the CGA (if applicable), we maintain no responsibility for inadvertent errors. When you place your order with us, you agree to the price and terms indicated on this Website at the time of order. Please contact us within 30 days of the date of your order regarding any price or promotion inquiries or discrepancies. Subject to your rights under the CGA (if applicable), after 30 days from the date of your order, we may not be able to offer refunds, credits or corrections to your order, including in relation to any price differences based on future or past prices advertised in our store or any other store.
ERRORS ON OUR WEBSITE
Prices and availability of products are subject to change without notice. Errors will be corrected where and when discovered. Giant has the reasonable discretion to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.
If your payment has already been processed for the purchase when your order is cancelled, Giant will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
GEAR CLICK AND COLLECT POLICY
All orders made under the Gear section of the Website (being Rider Gear, Bike Gear, Service Gear and Components) are available online for pick-up at an authorised Giant retailer only. You will have the option to choose the pick-up location from participating authorised Giant retailers in your area. Giant will notify you via email when the good(s) are available for pick-up at the chosen authorised Giant retailer.
Gear orders below the value of $100 may attract a shipping charge to be sent to your local authorised Giant retailer for collection. If any freight charges apply to your order, this will be made clear to you during the check-out process on the website.
Not all gear items are sent from the same warehouse so they may arrive at your local authorised Giant retailer on different days. You will only be notified that your goods are available for pick-up once all items in your order are available for pick-up.
It is your responsibility to ensure you have selected the correct local authorised Giant retailer prior to checkout as it may not be possible to change retailers once your order has been submitted.
You agree to collect the products at the authorised Giant retailer within [14] business days of you receiving an email explaining that your goods are ready for pick-up. If you are unable to do so, you will contact the authorised Giant retailer to organise an alternative pick-up day. At the time of pick-up, you agree to present to the authorised Giant retailer, the original “Order Confirmation” email, a government issued identification card (such a valid driver’s licence or passport) and the credit card used for the transaction. For orders over the value of $2,000 you will also be asked to provide a signature.
If you fail to collect the product(s) and/or fail to contact the Giant retailer within [14] business days after the receipt of email notice, the order shall be cancelled and Giant will refund any amounts you have paid in respect of such product(s) (less any applicable shipping, handling and restocking charges).
Giant reserves the right to cancel a Click and Collect order at any time. Orders can only be modified or cancelled up until its status becomes “Waiting for Ship”. After this point, you must initiate a return if you wish to exchange or cancel your order.
BICYCLE CLICK AND COLLECT POLICY
As with Gear, Bicycle(s) may become available to order online for pick-up at an authorised Giant retailer only. You will have the option to choose the pick-up location from participating authorised Giant retailers in your area. Giant will notify you via email when the bicycle is fully assembled and available for pick-up at the chosen authorised Giant retailer.
Please note: If Gear items are purchased with a bicycle, they may be sent from different warehouses so they may arrive at your local authorised Giant retailer on different days. You will only be notified that your goods are available for pick-up once all items in your order are available for pick-up.
RETURN POLICY
The Return Policy below only applies to purchases made through our website(s) www.giant-bicycles.com/nz & www.liv-cycling.com/nz. If you have purchased one of our products through a store and would like to return it, please reach out to your local store.
Nothing in this Return Policy affects any rights you have under the CGA. Unless otherwise indicated on this Website as a “nonreturnable ” item, within 30 days following delivery, you may return a Product at your cost for a full refund of the purchase price (not including any applicable click & collect charges), so long as any such product is in new, unused and undamaged condition, with original packaging, and the original price and information tag(s) have not been removed, and subject to the following:
Important: Returns will not be accepted without a completed Returns form. Please ensure your original Order Confirmation number is included which can be found in your Order confirmation email.
Gear Orders: Please ensure the above Returns Form is attached or enclosed with the goods you are returning. Any merchandise that shows signs of use (wear, dirt, smell, scuffing, mounting, installation, etc.) cannot be returned. This includes any items that have been “tested out”. Items for which the packaging has been destroyed are not returnable. Assuming the returned goods meet the outlined above, Giant will begin the refund process.
Bicycles: Bring your order, with original proof of purchase, to the local authorised Giant retailer who assembled your bicycle. You may be eligible for a full refund of the purchase price so long as any such bicycle is like-new and undamaged. Bicycle(s) that show sign(s) of being ridden, including, but not limited to, dirty tires or grips, worn brake pads, and/or scuffed crank arms may not be returned.
Please ensure returned goods are adequately packaged to avoid damage in transit. We strongly recommend that all returned goods are sent with a trackable & insured service. We cannot take responsibility for items that are damaged or lost in transit.
Unless otherwise noted, the refund will be for the full value of the returned items. Shipping fees if applicable will not be refunded. Credit for the returned items is applied to the credit card that was used to make the original purchase. Returns will be inspected by Giant within 72 hours of receipt and depending on your credit card company it may take an additional 2-10 business days before a credit is processed to your card. Please note: our authorised Giant retailers cannot process the refund for you, it must be processed by Giant Head Office via the same method used for your original purchase.
WARRANTIES
With all warranty claims, please take your bicycle or gear item back into your local authorised Giant retailer with your original “Order Confirmation” email as your proof of purchase. For more information on the warranty process, please visit our Customer Support page or refer to the Giant owner’s manual.
No Giant warranty, and nothing in these Terms, limits any applicable consumer guarantees under the CGA in any way. In some circumstances, your rights under those guarantees may be greater than your rights under the applicable Giant warranty, in which case Giant will always honour your rights under the CGA guarantees.
Title / Risk
Ownership in each Product you have purchased passes to you when full payment for such a Product is received by us. Risk in the Product passes to you when you collect your Product from your chosen Giant retailer.
GENERAL
In these Terms, unless the context indicates otherwise, references to any statutory provision are to statutory provisions in force in New Zealand and include any statutory provision which amends or replaces it, and any bylaw, regulation, order, statutory instrument, determination or subordinate legislation made under it.
If any part of these Terms are found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of the Terms, and the severed part will not affect the validity and enforceability of any remaining provisions.
These Terms will be governed by and interpreted in accordance with the laws of New Zealand, and you agree to the jurisdiction of the courts of New Zealand to determine any dispute arising out of these Terms.
These Terms will not be deemed waived or varied unless in writing and signed by our authorised representative.
Neither you nor we will be liable for any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm, government ban or regulation or any other events or circumstances beyond our reasonable control, which excludes the inability to make payment.
Any failure by us to enforce any provision of these Terms will not be treated as a waiver of that provision, nor will it affect our right to subsequently enforce that provision.
These Terms record the entire understanding and agreement of the parties relating to the matters dealt with in these Terms.
FURTHER CONTACT
Should you have any further queries regarding the Click & Collect process, please send your enquiries via email to GiantWeblink@giantbicycle.co.nz and a member of our customer service team will be in contact.