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Australian Consumer Law

Manufacturer Warranty

What this warranty covers
1. In addition to your rights under the Australian Consumer Law, we provide an express warranty (the Manufacturer Warranty) against defects in materials and workmanship in the Goods for the period specified in clause 9.1b), starting on the date you purchased the Goods.
2. The Manufacturer Warranty periods (Warranty Period) are as follows:
  1. Globber products (excluding batteries and the Trike Raincover): 24 months from the date of purchase;
  2. Globber e-scooter batteries: 12 months from the date of purchase;
  3. Globber Trike Raincover: 6 months from the date of purchase;
  4. Italtrike products: 24 months from the date of purchase;
  5. Grit Scooters products: 12 months from the date of purchase; and
  6. Other brands: 12 months from the date of purchase
3. The Manufacturer Warranty covers direct manufacturing faults or failures in the Goods, that is, failures in materials or workmanship that are not caused by external factors.
What this warranty does not cover
The Manufacturer Warranty does not cover:
1. damage resulting from misuse, abuse, neglect, accident, collision, stunts or use in extreme or high-risk activities (including freestyle scootering);
2. normal wear and tear, including to wheels, bearings, grips, tyres, decks and fasteners;
3. cosmetic damage including chips, scratches, chunking, flat spots, minor bending or hairline cracks caused by use;
4. damage from prolonged sun exposure or improper storage;
5. modifications or alterations made to the Goods after purchase;
6. use of the Goods with non-compatible parts, attachments or accessories;
7. damage arising from failure to follow assembly, user or safety instructions (including for lightweight EVA foam wheels on trikes, which are not all-terrain wheels); or
8. self-repairs or repairs carried out by any person not authorised by us or the manufacturer, where those repairs caused or materially contributed to the defect or made it impossible for us to assess the claim. For the avoidance of doubt, minor and reasonable adjustments such as tightening fasteners or adjusting brakes in accordance with the user manual are not 'self-repairs' for this purpose.
How to make a claim
1. To make a claim under the Manufacturer Warranty, you must, within the applicable Warranty Period:
  1. email us using the contact details on our Website, quoting your invoice number and full name, delivery address and mobile number;
  2. attach your proof of purchase (a credit card receipt, invoice or Order Confirmation is sufficient);
  3. describe the defect or issue in reasonable detail; and
  4. provide at least two clear photographs: one of the defective part and one of the complete product. We may request additional photographs or information if we are unable to verify the condition of the Goods from those provided.
2. You should stop using the Goods immediately once you have identified a defect that may give rise to a warranty claim under this clause.
What we will do
1. We will assess your claim reasonably and on a case-by-case basis. Claims may be submitted using the contact details available on our Website for assessment, and we will keep you updated on the status of your claim. Where a claim is approved, we will, at our discretion (acting reasonably and having regard to the nature of the defect):
  1. send replacement parts at no cost to you;
  2. arrange a return and replacement of the Goods at no cost to you; or
  3. issue a refund.
2. Where we require Goods to be returned, we will provide a return solution at no cost to you. Do not dispose of any Goods subject to a warranty claim without first obtaining our written approval.
3. Your rights under the Australian Consumer Law continue to apply and are not affected by this clause. In particular, if the Goods have a Major Failure, you may elect between a refund, replacement or (at our discretion and with your agreement) repair, and you are entitled to compensation for any other reasonably foreseeable loss or damage.
4. Any costs of claiming under this Manufacturer Warranty (other than return shipping, which we cover) are to be borne by you, including without limitation packaging the Goods for return.
5. The benefits to you under this Manufacturer Warranty are in addition to other rights and remedies you may have under the Australian Consumer Law in respect of the Goods to which the Manufacturer Warranty relates.

Product Safety and Use

Many of our Goods are designed for use by children. You acknowledge and agree that it is the responsibility of the purchaser, parent or guardian to ensure that Goods are used safely and in accordance with all instructions, warnings and age recommendations provided with the Goods or on the product listing.
Before use, you must read and follow all assembly instructions, user manuals, safety warnings and age and weight recommendations provided with the Goods. Failure to follow assembly, user or safety instructions may result in injury and may affect the availability of the Manufacturer Warranty in accordance with clause 9.2.
Scooters, bikes, e-scooters, skateboards and similar products involve inherent risks of injury, including from falls, collisions and loss of control. You assume the risks that are reasonably associated with the proper use of the Goods.
Children must be supervised by a responsible adult when using Goods such as scooters, bikes, e-scooters and skateboards. To the maximum extent permitted by law (and subject to clause 8), we are not liable for any injury or damage arising from unsupervised use by a child contrary to this clause.
Appropriate safety equipment (including helmets and knee and elbow pads) should be worn at all times when using scooters, bikes, e-scooters and skateboards. Failure to use appropriate safety equipment is at your own risk.
Goods must be used in accordance with all applicable laws and regulations, including local road, footpath and public place rules. You are responsible for ensuring compliance with any applicable age restrictions, licensing requirements or road rules in your jurisdiction.
You must regularly inspect and maintain the Goods in accordance with the manufacturer's instructions. Subject to clause 8, we are not liable for any injury, loss or damage arising from the use of Goods that have not been properly assembled, maintained or inspected.

Website Use and Intellectual Property

The content of the Website is for your general information and use and is subject to change without notice.
Subject to clause 8 and subject to the Australian Consumer Law, we do not warrant the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information may contain inaccuracies or errors and we exclude liability for such inaccuracies or errors to the fullest extent permitted by law, other than for liability arising from misleading or deceptive conduct, false or misleading representations under the ACL, or any non-excludable Consumer Guarantee. It is your responsibility to ensure that any Goods or information available through the Website meet your specific requirements.
The entire contents and design subsisting in, relating to or arising out of our Website and available through or in connection with our Website including copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Website Content) is intellectual property owned by us or our content providers or our licensors, with all rights reserved.
You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except with our express written permission. You must not reproduce, frame, transmit (including broadcast), adapt, link to or otherwise use any of the material on the Website, including audio and video excerpts, except as expressly permitted by statute or with our prior written consent.
No Website Content may be modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with our Website.
When you send us any feedback or suggestions or complete a survey in relation to our Website, you agree that we can use any ideas, concepts, or techniques contained in the feedback, suggestions or survey responses.
The Website may include links to other websites. These links are provided for your convenience and do not signify endorsement by us. We have no responsibility for the content of linked websites.

Privacy

We collect, use and disclose your personal information in accordance with our Privacy Policy, which is published on the Website and forms part of these Terms.
By placing an Order, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, including disclosure to our payment processors (such as PayPal and Afterpay), carriers (such as Australia Post), manufacturers and suppliers to the extent necessary for us to fulfil your Order or to administer a warranty claim.
You may request access to, or correction of, the personal information we hold about you by contacting us in accordance with our Privacy Policy.

Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable legislation which cannot be excluded, restricted or modified by agreement.
Subject to clause 13.1, and to the maximum extent permitted by law, we exclude all representations, warranties and terms (whether express or implied) other than those expressly set out in these Terms.
Subject to clause 13.1, our total liability to you for any claim arising under or in connection with these Terms (including for any breach of a non-excludable Consumer Guarantee where permitted under the Australian Consumer Law) is limited at our election to:
1. the replacement of the Goods or the supply of equivalent goods;
2. the repair of the Goods; or
3. a refund of the Price paid for the Goods.
Subject to clause 13.1, and to the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss or damage, including loss of profits, loss of data, loss of revenue, loss of opportunity or loss of goodwill, arising in connection with these Terms or the supply of Goods, whether in contract, tort (including negligence), statute or otherwise.
Subject to clause 13.1, we are not liable for any loss, injury or damage to the extent it arises from: (i) your failure to follow assembly instructions, user manuals, safety warnings or age and weight recommendations; (ii) material misuse, modification or alteration of the Goods; (iii) use of the Goods without appropriate safety equipment; (iv) unsupervised use by children contrary to clause 10.4; or (v) use of the Goods in material breach of any applicable law or regulation.

Indemnity

You agree to indemnify us and our officers, employees, agents and contractors from and against all liabilities, expenses, losses, costs, damages or claims (including reasonable legal costs on a solicitor and own client basis) that we actually and reasonably incur, arising from or in connection with:
1. your breach of these Terms;
2. your use or misuse of the Goods, including failure to follow assembly, user or safety instructions, warnings or recommendations;
3. any injury to any person or damage to any property to the extent caused by your breach of these Terms or your misuse of the Goods;
4. any claim by a third party arising from your misuse of the Goods, or from use of the Goods by any person to whom you provide access in breach of these Terms; and
5. any negligent or unlawful act or omission by you.
The indemnity in clause 14.1 does not apply to the extent any liability, expense, loss, cost, damage or claim arises from, or is contributed to by, our breach, negligence or wilful misconduct, or from any act or omission of our officers, employees, agents or contractors.
This indemnity is a continuing obligation and survives termination of the contract formed by your Order.

Complaints and Dispute Resolution

If you have a complaint about these Terms, an Order or the Goods, please contact us using the contact details on our Website with details of the complaint, your invoice number and your contact details. We will acknowledge receipt of your complaint within 5 Business Days and will use reasonable efforts to resolve the complaint within 20 Business Days.
If a dispute is not resolved to your satisfaction, either party may give written notice of the dispute to the other party (Dispute Notice). If a Dispute Notice is given, the parties must first attempt to resolve the dispute by good faith negotiation.
If the dispute is not resolved within 21 days of the Dispute Notice, the parties must submit the dispute to mediation administered by the Resolution Institute (or its successor body). The costs of the mediation will be shared equally between the parties.
Nothing in this clause 15 prevents a party from seeking urgent equitable or injunctive relief, or from exercising any right under the Australian Consumer Law, including any right to complain to the Australian Competition and Consumer Commission or the relevant State or Territory consumer affairs body.

General

Entire agreement
These Terms, together with the Policies and any Order Confirmation, constitute the entire agreement between you and us in relation to the supply of the Goods and supersede all prior negotiations, representations and agreements.
Amendments
We may amend these Terms and the Policies at any time by publishing updated terms on the Website. The amended terms will apply to Orders placed after the date of publication. We will not retrospectively apply amended terms to a pre-existing Order.
Assignment
You may not assign, transfer or novate your rights or obligations under these Terms without our prior written consent. We may assign, transfer or novate our rights or obligations under these Terms without your consent, provided that the assignee agrees to be bound by these Terms (including in respect of any existing Orders) and we give you written notice of the assignment.
Force majeure
We will not be liable for any failure or delay in performing our obligations under these Terms or otherwise be liable to you for any unavailability or failure of our Website or Goods, where such failure or delay results from any cause that is beyond our reasonable control, including without limitation natural disasters, pandemic, governmental action, strikes, postal or courier delays or disruption to supply chains (Force Majeure Event). If a Force Majeure Event continues for more than 30 days, either party may terminate the affected Order by written notice.
Governing law and jurisdiction
These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts.
Severability
If any provision of these Terms is found to be unenforceable, illegal or void, that provision is severed and the remaining provisions continue in full force and effect.
Waiver
A failure or delay by us in exercising any right or remedy under these Terms does not operate as a waiver of that right or remedy.
Survival
Clauses 4 (Title and Risk), 8 (Australian Consumer Law), 9 (Manufacturer Warranty), 10 (Product Safety and Use), 12 (Privacy), 13 (Limitation of Liability), 14 (Indemnity), 15 (Complaints and Dispute Resolution) and this clause 16 survive the completion, expiration or termination of any Order.
Notices and contact
Notices to us under these Terms should be sent to the contact details available on our Website. Notices to you will be sent to the email address you provided with your Order.

Definitions

In these Terms, unless the context otherwise requires:
1. Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. Business Day means a day that is not a Saturday, Sunday or public holiday in Melbourne, Victoria.
3. Consumer Guarantees means the consumer guarantees set out in Part 3-2 Division 1 of the ACL.
4. Delivery Address means the address specified by you for the delivery of Goods that we will supply to you under these Terms.
5. Goods means the products listed on our Website and purchased by you, including but not limited to scooters, bikes, e-scooters, trikes, balance bikes, ride-on toys, helmets, protective gear, spare parts and accessories.
6. Major Failure has the meaning given to that expression in section 260 of the ACL for Goods.
7. Manufacturer Warranty means the express warranty against defects described in clause 9.
8. Order means your order for Goods submitted through the Website.
9. Order Confirmation means the confirmation email sent by us to you acknowledging receipt and acceptance of your Order.
10. Price means the price of the Goods as displayed on the Website at the time you place your Order, inclusive of GST.
11. Privacy Policy means our privacy policy published on our Website and as updated by us from time to time.

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