The following terms and conditions apply to your use of the King of the Mountain Cyclery - Australia web site ("the web site") by King of the Mountain Cyclery(Australian Business Number) ABN and any company member of its group, (herein after referred to as KOM) and its customers. Your use of the web site indicates your acceptance of these terms and conditions. These terms and conditions are subject to change by KOM. KOM may change the content of its terms and conditions at any time without any prior notice to anyone.

By becoming a member of KOM, the customer herein agrees to be bound to the terms and conditions listed on KOM.

1. Placing Order / Pricing
Any Quotation made by KOM is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by KOM within seven (7) days of receipt by KOM of the customer's offer. All pricing is in Australian dollars and exclusive of GST because this is an international site. Please note that pricing and stock availability are subject to change without prior notice. KOM reserves the right not to sell below its cost. E & OE. All orders placed are subject to confirmation and acceptance by KOM, this includes the pre-paid orders, eg. direct deposit etc. KOM may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If KOM requests payment for increased prices, you may cancel the order by giving notice to KOM, which must be received within seven days of the announcement of the increase. To minimise errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible. Quantity in stock displayed on the web site should be considered as a guide only. Quantity in stock does not take into account the orders already placed which are yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on the web site. Price may vary depending upon location due to freight costs and other logistical requirements. Overcharge on freight will be credited and converted as Frequent Buyer Points to KOM member cusomter only. KOM reserves the rights to adjust freight cost at any time.

2. Delivery/collection
We only ship to PO Boxes after the customer has provided a valid reason. KOM holds the right to refuse to ship to PO Boxes if no satisfactory reasons are provided. We do not ship to third party addresses unless that address is known and can be verified by KOM. The Customer shall at its own expense, arrange collection of products from KOM at its premises. Alternatively, KOM in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from KOM's premises unless the Customer has insured the item when buying from KOM. Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery. After your order is placed, you will be sent an E-mail acknowledgement which will include an Internet link with your order tracking number which can be used to track your order status.

3. Delivery time
Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by KOM in writing providing for liquidated damages for failure to deliver by the Quoted date, KOM shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by KOM to deliver by the Quoted date. Goods specially ordered in, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from KOM in writing. The latter case would still attract the normal restocking fee.

4. Returns / Refunds / Cancellations
There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order. Returns for refund will only be accepted within 7 days of you receiving the goods. A restocking fee of 25% of the purchase price will be deducted. Returned goods must be in its original condition and include all the original packaging. Shipping and handling cost are not refundable. Any incorrect, missing or damaged items received must be reported to KOM within 24 hours of you receiving the delivery. This can only be done by E-mail, Fax or Phone. If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter. KOM owns the title of any extra goods shipped with your order that have been despatched in error. If requested by KOM, the Customer may be required to provide information in that KOM can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by KOM. Failure to provide sufficient information may delay the refund or cancellation, KOM is not to be held responsible for any delays according to clause provided by KOM. Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back. Cancellations may be communicated by telephone, email or Fax. Saturdays, Sundays and holidays by E-mail or Fax only. Cancellations for assembled system orders will incur a 10% cancellation fee. This is to reflect the labour cost and the depreciation for the used parts. Cancellation for specially ordered items will also attract a 10% cancellation fee. This is to cover the return to stock fee implied by our suppliers and shipping cost. KOM gift vouchers are not redeemable for cash and expire 6 (six) months from date of purchase.

5. Warranty Claim
All goods sold by KOM come with the manufacturer warranty, it can only be shorter if a special note is mentioned about an item. This warranty is not transferable. Goods under warranty cover will be replaced or repaired by the manufacturers. No refund can be provided under any circumstances. KOM is responsible for the handling of most products in the warranty processes. Warrantees for individual parts we sell are provided by the manufacturers, not KOM. Warranty only covers the item(s) sold by KOM. Warranty does not cover any other equipment used in conjunction with the item(s) sold by KOM. KOM does not handle warranty claim for those goods where the manufacturer accepts direct warranty claims from customers. DOA (Dead on arrival) items (usually battery operated products) are eligible for refund or replacement. DOA items must be reported within 7 days from the time you receive your goods. Failure to report a DOA item within 7 days will result in you not being able to claim the item as a DOA. This is particularly important for HRM's, watches etc where the manufacturers have strict guidelines. In the event that normal stock lines, advertised in the KOM price list are to be returned. A 25% restocking charge applies goods must be in original saleable condition & a copy of invoice attached. This applies within 14 days of delivery & at the sole discretion of KOM an "RA" number & approval must be received before sending the goods & this must appear on returned goods & documents. Please complete the online warranty return form to obtain "RA" number form KOM & clearly mark goods with same, attaching copy of original purchase invoice, KOM warranty & serial number labels must be clearly attached, at their removal voids warranty. Any unauthorised repair or upgrade voids warranty. Please refer to specific warranty condition on warranty card supplied with goods. Unless a unit is dead on arrival or damaged in transit, in this case must be received with 7 days of invoice date, goods remain the property of your customer & will be processed by the relevant manufacturer of agent as soon as possible. KOM will not be liable for any loss, whether material or not of such goods. All warrantees are voided if returned product is found in any way to be mishandled, misinstalled, modified, tampered, abused, physically damaged or used under wrong voltage etc. Customer is responsible for proper packaging of RA returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any item(s) returned for warranty claim is determined to be physically damaged, the item(s) will be returned to the customer as is. Customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to KOM. KOM is not responsible for any parcel missing in transit, on its return back to KOM. Product(s) discontinued by manufacturer(s) shall be upgraded to a similar product or a credit will be given at the current market value or the purchase price whichever is lower.

6. Warranty turnaround time
Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, suppliers own test and replacement/repair, and the shipping back to us. We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. KOM is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.

7. Payment
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to KOM without deduction or demand, within the approved term as advised by KOM, or in the absence of a term approved by KOM, within (7) days from the order date. Payment for products ordered through KOM can be made by credit card or KOM account.

8. Default in Payment
If the Customer defaults in payment to KOM, then: a/ the Customer shall pay to KOM, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and b/ all moneys owing by the company to KOM shall become due and payable forthwith without demand, and c/ KOM may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full

9. Liability
a/ KOM shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability. b/ KOM expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.

10. Retention of Title
10.1 The title to the Products will pass to the Customer when payment in full for the Products has been received by KOM. Until the Customer has paid to KOM the full purchase price: a/ Customer shall hold the Products as bailee for KOM. b/ the Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons. c/ the Customer shall indemnify KOM against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by KOM, or repossession or attempted repossession by KOM. d/ any sale of the Products shall be effected as bailee for KOM, and the proceeds of such sale shall be held on trust for KOM. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer. e/ the Customer shall permit KOM to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products. f/ reserve right of entry to inspect or recover goods owned by KOM, wherever they are located. 10.2 In the event that: a/ the Products are not paid for in full in accordance with these terms and conditions of sale, or any other agreement between KOM and the Customer; or b/ the Customer commits any breach of the terms and conditions of sale or any other agreement between KOM and the Customer; or c/ the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or d/ the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy. then KOM may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where KOM reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to KOM for payment for the Products, If Moneys are recovered in full.

11. Disclaimer
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice. Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice. Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images. Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.

12. Obligations of the Customer
As member of KOM, the Customer must provide current, complete, and accurate information about the Customer at all times. The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account, KOM will not be held responsible in any manner. On the first purchase the Customer places with KOM, the Customer might be required to provide additional identification to KOM to help eliminate Internet credit card fraud and to provide additional security. KOM reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arises from the Customer, they shall report it to KOM immediately. KOM does not stored any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.

13. Provision of Credit
The provision of credit and/or the continued provision of credit by KOM to the Customer from time to time, shall be in the absolute discretion of KOM. a/ KOM may at its absolute discretion extend credit to the Customer; or b/ extend and/or continue to extend credit to the Customer subject to the provision of security in a from acceptable to KOM; or c/ may at any time vary or cancel the credit facility available to the Customer Credit account must have KOM Guarantee in place.

14. Differences and Complaints
Subject to the provisions of clause 7, KOM shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises KOM in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.

15. Waiver
The failure or neglect by KOM to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of KOM's rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice KOM's right to take subsequent action.

16. Sever Ability
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

17. Governing Law
KOM and the Customer agree that the terms and conditions of sale shall be governed by the laws of the New South Wales, Australia.

18. Lay-by Conditions
Lay-by deposits are non refundable after 14 days of purchase. The standard lay-by period is 60 days, after which time if no further payments are made the initial deposit is forfeited. No lay-by options will be available for any goods on sale and it is up to the discretion of KOM Cyclery to issue such lay-by provisions. Lay-by goods will remain in the title of KOM Cyclery at all times until the final balance owing is paid.