Terms & Conditions


Terms & Conditions

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

  1. Welcome to the OutdoorsInternational.com.au, Diamant bikes.com.au, Diamant bikes.co.nz, Urge helmets.com.au, fatbikes.net.au and fatbike.com.au web site terms and conditions for use.

  2. Getting a fair go is as Australian as meat pies, beach cricket and kangaroo’s, so customer service is our priority. We will do all that is reasonable to fix any issue so you will always get a fair go. This philosophy works both ways and these terms and conditions protect our company from the less ethical elements of society who don’t believe in a fair go.

  3. If you continue to browse and use these websites, you are agreeing to comply with and be bound by the following terms and conditions of use of Outdoors International and it’s brand divisions, which together with our privacy policy govern Outdoors International’s relationship with you in relation to this website.

  4. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms and conditions regardless of whether or not you choose to register with us or order from us.If you disagree with any part of these terms and conditions, please do not use our website.

  5. You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.

  6.  We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website.

  7. The term ‘Outdoors International’, ‘Diamant Bikes Australia’, ‘Diamant Bikes NZ’, ‘Urge Helmets Australia’ ‘Urge Bike Products Australia’, ‘fatbike.com.au’ or ‘us’ or ‘we’ refers to Outdoors International Pty Ltd. The term ‘you’ refers to the user or viewer of our website.

  8. The outdoorsInternational.com.au, diamantbikes.com.au, diamantbikes.co.nz, urgehelmets.com.au, fatbikes.net.au and fatbike.com.au web sites are operated by: Outdoors International Pty Ltd, which is an Australian owned and operated company. Outdoors International Pty Ltd (ACN 145 444 739) is registered in the state of New South Wales and based on the Northern Beaches in Sydney.
  9. 

 If you have any questions please contact us via email at customerservice@outdoorsinternational.com.au or the 1300 or ISP phone options listed on this site.

    Shipping and Delivery

    1. Small Object Shipping
      There is free delivery available on all small parcels Australia wide using our Standard Shipping option. Please note that Standard Shipping may not include tracking. Premium Shipping is tracked and is available for an additional cost. Estimated shipping time is 2 to 5 business days.

    1. FAT BIKE or Large Object Shipping
      Shipping of bikes and other bulky goods is free to 90% or residences, however some remote postcodes incur a surcharge. Please click here for a list postcodes and charges. Once shipped you will be issued a consignment number, which can be used to track your parcel. We use Direct Freight Express for deliveries and you can track your delivery by calling 1300 347 397 or online at www.directfreight.com.au.

      Returns

    1. For information on returns click here

    Bicycle Assembly

    1. All of our bicycles arrive 85% assembled and in a box. We offer assembly, normally free at the nearest Diamant Test Ride and Service Centre. We recommend you use the nearest Diamant Test Ride Centre Partner shop for the delivery address and assembly who will also check tires, brakes and ensure everything is adjusted and lubricated per our specifications. Like any new bike cables and parts will need adjustment over time and having a relationship with one of our Test Ride and Service Centre partners will ensure you have the very best Fatbike experience

    2. We will send you a bike direct, but at your risk during assembly as we recommend a qualified mechanic complete final assembly. The end customer will still be required to attach the front wheel, headset, handlebars and put on pedals. NOTE: if you are having difficulty completing the final assembly of your bike, we recommend you seek the services of a qualified bicycle mechanic. We do not warranty damage caused by incorrect self-assembly.

    3. NOTE: WE STRONGLY RECOMMEND THAT A QUALIFIED BICYCLE MECHANIC UNDERTAKE THE FINAL BUILDING OF THIS BICYCLE BEFORE RIDING (PREFERABLY A DIAMANT TEST RIDE AND SERVICE CENTRE). FAILURE TO DO THIS COULD CAUSE A BICYCLE MALFUNCTION AND RESULT IN SERIOUS INJURY FOR WHICH WE WILL NOT BE HELD LIABLE. ANY ASSEMBLY UNDERTAKEN WITHOUT PROFESSIONAL ASSISTANCE IS AT THE CUSTOMERS RISK AND ANY DAMAGE RESULTING FROM FAULTY ASSEMBLY WILL NOT BE COVERED BY THE WARRANTY.

    Ordering from US

    1. You are deemed to have placed an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

    2. Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order:

      1. We may refuse to accept an order:

      2. where goods are not available;

      3. where we cannot obtain authorisation for your payment;

      4. if there has been a pricing or product description error; or

      5. if you do not meet any eligibility criteria set out in our terms and conditions.

    3. Any dates or periods for the delivery of the goods are best estimates and approximate only. Whilst we will where possible attempt to comply with such dates or periods, any such dates or periods shall not take effect as a term of the contract or constitute an obligation binding on us and in any event but without prejudice to the foregoing time shall not be of the essence for such delivery.

    Payment

    1. The Outdoors International E-shop is the site hub and accepts most major credit cards for online orders from it’s brand divisions and sub-sites OutdoorsInternational.com.au, Diamantbikes.com.au, Diamantbikes.co.nz, Urgehelmets.com.au, fatbikes.net.au and fatbike.com.au You will be asked to enter your card details and the name and the address of the cardholder when you place the order. These details will be checked and we may hold an order until we receive the correct details. You will be contacted if we find the card or address details to be incorrect. 

The processing of payment for orders placed on a weekend or a Public holiday will not begin until the next working day.

    Pricing

    1. All prices include GST (where applicable) at the current rate. We reserve the right to express the price exclusive of GST, but we shall show GST separately and include it in the total price.

    2. GST does not apply to orders that are to be shipped outside Australia. 

If you select a currency or a delivery country outside of Australia, prices will be displayed GST free. Please note that local tax and customs duty may apply. For full details please consult your local Customs office.

Whilst we do our best to ensure prices are up to date and correct, errors may occur and in this case you will be contacted before your order is shipped.

    3. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.

    4. All prices are automatically displayed in your home country’s currency. If you choose to view the price in a different currency you do so at your own risk, acknowledging that currency conversions on this website are calculated on a daily basis and due to various factors, including the inherent possibility of human and mechanical error, we do not guarantee the accuracy, authenticity, timeliness, reliability, appropriateness, or completeness of any currency conversion.

    Stock levels

    1. Outdoors International, Diamant Bikes Australia, Diamant bikes NZ, Urge Helmets Australia updates the availability of the entire stock list several times a day. Items that are ‘Out Of Stock’ will be displayed as such. In the rare event of a problem with availability of a product marked ‘In Stock’, we will contact you. You may then wish to cancel the order or wait until the item becomes available.

    Out of stock

    1. There are instances when products become temporarily ‘Out Of Stock’, and these products are marked as such in the site. If a product is out of stock, you can pre order the item and we will send to you as soon as we have the product back in stock. We will normally advise on the product page, how long we expect it to take to have the product back in stock.

    Pre-Orders

    1. A discount may be offered for pre-orders of items marked ‘Out Of Stock’ this discount is to compensate for waiting until a new production run occurs and the stock is shipped to Australia. This will normally take 90-120 days for manufacture, shipping customs clearance and freight to the delivery address. Outdoors International will do its very best to ensure your order is delivered as soon as possible but cannot warrant a confirmed delivery date or time period until stock is delivered to our warehouse.

    Placing of orders

    1. All offers, price lists etc. from Outdoors International and its brand sub-divisions are, as long as nothing else is explicitly agreed in writing, subject to confirmation and do not represent a binding offer.

    2. As long as nothing else is explicitly agreed in writing, all statements referring to specifications, types, sizes and weights, pictures and drafts etc. in brochures and miscellaneous documents made for the customer only represent round figures. Statements made in such documents do not contend assurances to any attributes.

    3. The construction, design and color of products from our own or external production are subject to change as long as the look and function does not decisively vary and the product itself doesn’t change in an unacceptable manner

    Privacy Policy

    1. For information on privacy policy click here

    Ownership of Information

    1. Outdoors International, Diamant Bikes, Australia, Diamant bikes NZ, Urge Helmets Australia creates the majority of pictures and descriptions for the website. This information is copyright of Outdoors International Pty Ltd, Australia and may not be used by any other party without express permission of Outdoors International. The outdoorsinternational.com.au, diamantbikes.com.au, diamantbikes.co.nz, urgehelmets.com.au websites are provided for use only for viewing by our customers. Taking of any content or prices by automated processes, such as spidering, will be deemed as a breach of copyright and is expressly forbidden except where specifically agreed with Outdoors International Pty Ltd or brand sub-divisions.

    Accuracy of Information

    1. Outdoors International, Diamant Bikes Australia, Diamant bikes NZ, Urge Helmets Australia aims to have accurate pictures and descriptions of all its products. However, we are only human and mistakes do occur so let us know if you see or read something that isn’t correct. If you have purchased something based on a picture or description on the website which turns out to be incorrect we will be happy to replace or refund the product (unused).

    Licence and Copyright

    1. You are permitted to print and download extracts from this Website for your own use on the following basis:

      1. no documents or related graphics on this website are modified in any way;

      2. no graphics on this website are used separately from accompanying text; and

      3. any of our copyright and trade mark notices and this permission notice appear in all copies.

    2. Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 29. above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.

    3. Subject to clause 29, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

    4. Any rights not expressly granted in these terms are reserved.

    Service Access

    1. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.

    2. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or for reasons beyond our control

    Visitor Material and Conduct

    1. Other than personally identifiable information, which is covered under the PRIVACY POLICY, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

    2. You are prohibited from posting or transmitting to or from this website any material:

      1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

      2. for which you have not obtained all necessary licences and/or approvals;

      3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Australia or any other country in the world; or

      4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

    3. You may not misuse the website (including, without limitation, by hacking).

    4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 36 or 37.

    Links to and from other websites

    1. Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

    2. You may not create any links to this website, unless written permission is specifically authorised.

    3. You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 40.

    Disclaimer

    1. While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.

    2. The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.

    Liability

    1. We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with this website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.

    2. If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

    3. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.

    Governing Law and Jurisdiction

    1. These terms and conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of New South Wales.

    2. We do not warrant that materials/items for sale on the website are appropriate or available for use outside Australia. If you access this website from locations outside Australia, you do so at your own risk and you are responsible for compliance with local laws.

    Miscellaneous

    1. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

    2. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect

    Site Usage

    1. Outdoors International, Diamant Bikes Australia, Diamant bikes NZ, Urge Helmets Australia (trading as OutdoorsInternational.com.au, Diamantbikes.com.au, Diamantbikes.co.nz, Urgehelmets.com.au, fatbikes.net.au and fatbike.com.au) disclaims damages of any kind, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties implied or otherwise relating to use of this site.

    Retention of title

    1. Until all bills, Payments and amounts owing to Outdoors International Pty Ltd, even those referring to the future, that are valid at the moment of contract conclusion with origins via the The Outdoors International E- shop and sub-sites OutdoorsInternational.com.au, Diamantbikes.com.au, Diamantbikes.co.nz, Urgehelmets.com.au, fatbikes.net.au and fatbike.com.au or any electronic transaction or email linked to those URL’s in this business have been fulfilled, OUTDOORS INTERNATIONAL PTY LTD has the retention of title on all delivered products.

    2. If a payment of a customer falls behind, or his fortune becomes subject to an in or out of court settlement or has a bankruptcy proceeding been engaged or does he temporarily pause his payments, he looses every right to resell or modify the goods that are object to retention of title. In this case OUTDOORS INTERNATIONAL PTY LTD has the right to instantly demand back any good that is subject to retention, even without OUTDOORS INTERNATIONAL PTY LTD withdrawing from contract. This right even prevails when the receivables becomes time-barred. The retraction or garnishments of the goods that are object to retention of title do not count as cancellation of the contract as long as this has not been declared by OUTDOORS INTERNATIONAL PTY LTD in writing. OUTDOORS INTERNATIONAL PTY LTD has the right to sell or commercialise the goods that are object to retention and to use the revenue to credit against the existing receivables.

    3. So far as OUTDOORS INTERNATIONAL PTY LTD has the right to take back goods that are object to retention of title, the customer gives OUTDOORS INTERNATIONAL PTY LTD the irrevocable right to enter his business premises to the usual business hours, if necessary with vehicles, for the purpose of collecting these goods.

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