Welcome to the website of Link International Pty Ltd (ABN 89 010 744 340) trading as Merlin Bike Gear Australia (“we”, “us” or the “Company”), a leading wholesale supplier and distributor of quality motoring parts and accessories.
This website is located on the web via the domain https://www.https://merlinbikegear.com.au and includes all of the files located in that domain (“this site”).
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Restrictions on use
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products to you if:
- the Company is unable to verify or authenticate any information that you provide to us; or
- the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person.
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this site;
- your use of, or connection to, this site; or
Registration and account security
Requirement for registration
The Company reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
- a valid email address;
- accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
- any other information that may be required by the Company during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Order constitutes offer
We will not commence processing any order made through this site unless and until:
- payment for the order has been received by us in full, or as otherwise agreed by the Company; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
- at any time:
- refuse to provide products to you;
- terminate your access to this site; and/or
- remove or edit any content on this site.
Acceptance of orders
Acceptance of each order will take place if and when the Company ships the requested items to you, at the time at which the items are despatched by the Company. Title to, and risk in, the items will pass from the Company to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place.
In the event that full payment for an order is not obtained prior to despatch, and you take custody of the goods, then you shall retain those goods and product as the fiduciary agent and bailee of the Company. You authorise that an authorised representative of the Company may enter upon any premises in the possession of or under the control of you to retrieve the goods at any time during business hours so long as title in them remains with the Company.
The Company reserves the right to change the prices for products displayed in this site at any time before you place an order.
Shipping and Insurance Costs
Shipping costs will depend upon the location for delivery and the items purchased, and are shown separately during checkout.
Upon request by the customer, the Company may agree to arrange shipping and/or insurance in respect to the goods. It is agreed that all shipping and/or insurance arranged by the Company on behalf of the customer shall be in the Company’s capacity as agent for the customer. It will be the sole responsibility of the customer to deal with any freight damages, shortages, or delays. All shipping and insurance costs shall be payable by the customer and are subject to the same payment requirements as the goods.
Otherwise, and unless otherwise agreed in writing, the Company reserves the right to arrange transport and/or insurance with such suppliers and on such terms as it, in its sole discretion, deems appropriate.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through this site may be made by credit card processed online using the secure PayPal payment gateway or using a PayPal account.
PayPal secure payment gateway
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to PayPal, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).
The Company also offers payment options through the payment poral “Afterpay”. Afterpay offers secure online payment options including ‘buy now pay later’ and payment by instalments. For more information about Afterpay, see the Afterpay website (http://www.afterpay.com).
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Afterpay, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).
Credit and debit card payments
It is not necessary to have a PayPal account in order to make a purchase on this site. PayPal accepts all major credit and debit cards. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Company does not charge additional transaction fees for paying by credit card.
Refunds and other remedies
While PayPal and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
Payment after Order
In some instances, the Company may agree to payment after the order has been made and despatch of the goods. You agree and understand that the Company may approve certain customers with ongoing accounts with the Company (“Approved Customers”).
Approved Customers may pay the Company within thirty (30) days of receipt of the invoice from the Company, unless otherwise agreed in writing between the parties.
In the event that an invoice is not paid by the due date, the Company reserves the right to charge late payment interest at a rate of three and a half percent (3.5%), not to exceed the maximum permitted by law.
The Company reserves the right to suspend the supply of further goods, and/or to refuse supply of further goods to any Approved Customer whose account is overdue, or who has continually failed to pay its invoices by their due date.
Should it become necessary for the Company to enforce any term of this Agreement either through legal representation, collection agency, or directly through a small claims Court, then the Client agrees that it shall pay all reasonable legal fees, agency fees, court costs, and other reasonable collection costs.
The Company may in its sole discretion require payment in advance from any customer before any goods are delivered.
- this site;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by the Company in connection with the products offered through this site (whether hosted on the same server as this site or otherwise).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The Company’s logo is a trademark of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
- the quality of any products, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this site or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion) to any of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
The Company offers this Limited Warranty on parts or products supplied by us (“Warranty Claim”), subject to the following conditions:
- This Limited Warranty will only cover parts or products which have been directly imported by the Company.
- This Limited Warranty will only cover parts and products against a Manufacturing Defect.
- This Limited Warranty may cover certain parts and products on a PRO-RATA basis only.
- This Limited Warranty DOES NOT COVER any other aspect of a Claim, other than that of the defective part(s) and/or product(s).
- This Limited Warranty DOES NOT COVER any parts or products which have been subject to misuse, modification, negligence, accidental damage, incorrect maintenance, incorrect fitment, improper storage, or high-pressure cleaners, or steam cleaners.
- This Limited Warranty DOES NOT COVER certain machine type parts or products fitted by the public, which we deem (at our sole discretion) must be fitted by a Registered Motorcycle Workshop.
- This Limited Warranty DOES NOT COVER any parts or products supplied by the Company which are fitted to any type of Competition Vehicle or vehicle used on any Track or Test Day.
Further, no decision shall be made in respect to any Warranty Claim made prior to the part(s) and/or product(s) the subject of the Warranty Claim are returned to the Company for inspection.
Any Warranty Claim made by a Dealer and/or Approved Customer must follow the following Warranty Claim procedure:
- Where possible, the Dealer is to inspect the defective part and/or product whilst still fitted to the vehicle, in order to determine correct fitment and regular maintenance has been carried out.
- The Dealer must provide the Company with evidence of purchase of the part or product subject to the Warranty Claim.
- Dealer is to return to the Company the completed ‘Request Form’ together with the part or product subject to the Warranty Claim and any and all receipts, invoices, and/or evidence of purchase.
The Company shall determine, at its sole discretion, by assessing the information supplied by the Dealer and by inspecting the claimed part(s) and/or product whether a legitimate claim is warranted. In certain circumstances some part(s) and or product(s) may require further testing and/or analyses, to determine the exact cause of failure, this may extend the time period before a final decision can be made. Once an outcome has been determined by the Company, the Company will contact the claiming Dealer.
- the singular includes the plural and vice-versa;
- a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Governing law and jurisdiction
Schedule 1 – Prohibited conduct
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
- reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring the Company or any of its staff into disrepute.