Terms and conditions
Terms & Conditions of Urban Bicycles PTY LTD trading as Lekker Bikes
Last updated: February 2023
In these general terms and conditions (“T&Cs”), the following definitions shall apply:
- Agreement: any and every agreement entered into in writing between Lekker and a Client including these T&Cs, and any amendments thereto.
- Client, or You, Your: all natural or legal persons with whom Lekker enters into an Agreement or with whom Lekker is negotiating about the conclusion of an Agreement;
- Consumer: the Client being a natural person who acts for purposes outside a business to whom Lekker sells and/or delivers Products and to whom Lekker provides Services;
- Order: any order issued by a Client to Lekker in any form whatsoever;
- Product(s): any and all goods which are the subject of an Agreement;
- Services: all services provided by Lekker to the Client, which are directly linked to the Purchase of a Lekker Product by a Client.
- Lekker or Lekker Bikes or We or Us: Urban Bicycles PTY LTD registered under Australian law with ABN 88139918826.
- Lekker brand store: a physical sales and repair location owned by Lekker, as listed on the Website.
- Lekker reseller: any authorized Lekker reseller included as such on the Website.
- Website: www.lekkerbikes.com.au
2.1 The present T&Cs shall comprise a part of all Agreements and shall be applicable to all Product sales and related Services, actions and legal transactions between Lekker as a seller and a Client.
2.2 Applicability of any general terms and conditions applied by Client, including any additional, inconsistent or different terms in an Order, are explicitly dismissed by Lekker and such terms shall be deemed rejected, void and of no force and effect. Fulfillment of Client's Order documented on a form provided by Client does not constitute acceptance of any different or inconsistent terms provided by Client and does not serve to modify or amend these T&Cs or the Agreement.
3. Quotations, Agreements, Product descriptions
3.1 A quotation or (price) offer shall not be binding on Lekker and shall qualify only as an invitation to the Client to place an Order.
3.2 An Agreement shall only come into effect to the extent Lekker accepts an Order from the Client in writing or if Lekker executes an Order or other writing. If at the request of Client Lekker carries out any work for Client before an Agreement is effective, the Client shall remunerate Lekker therefore in accordance with Lekker’s customary rates payable upon receipt of an invoice.
3.3 After acceptance of an Order, Lekker shall at all times be entitled, with or without cause, to cancel such Order prior to delivery without liability and without stating its reasons, in which case Lekker shall not be obliged to refund or pay any more than the advance payments already made by Client, if any.
3.4 Lekker shall observe due care in informing the Client of the "figures, measurements, weights, features other information applicable to the Product(s), but cannot warrant that these shall be free of deviations. Any specifications or samples demonstrated or made available shall be no more than indications of the Product(s) concerned. If the Client should be able to demonstrate that the Product(s) supplied by Lekker materially deviate from the information provided by Lekker or from the samples or specifications in such a way that the Client can no longer be obliged to comply with the Order concerned, the Client shall have the right to dissolve the Agreement, to the extent however that such a dissolution should be necessary in reason and without Lekker being liable for damages.
3.5 A Consumer shall be entitled to revoke the offer and return the Product(s) in accordance with the Return Policy and applicable terms included herein.
4. Prices and Payment
4.1 All prices are in Australian Dollars unless expressly stated otherwise. Insofar as prices are stated in other currency than Dollars, than such statement of price is deemed to be based on the Dollar equivalent of such price at the date that the price statement was made.
4.2 Our prices include statutory VAT (GST) and any other sales tax (if applicable). Shipping costs may apply separately, as included in the Order. Customs duties and similar public charges may apply and shall be borne by the Customer.
4.3 Unless expressly otherwise agreed by Lekker in writing, all shipments by us shall require advance payment (to be made in the manner specified in our Order form) upon placing the Order or receipt of an invoice, as applicable. We retain legal title to any Product(s) supplied by Lekker until the purchase price (including VAT and shipping costs) for such Product(s) has been fully paid.
4.4 The Customer shall have no right of set-off or retention, except to the extent this has been agreed by Lekker in writing.
4.5 Prior to delivery, any change of factors having an impact on the prices of Lekker, including but not limited to rates of third parties, currency exchange rates, insurance rates, import and export duties and any other charges payable upon importation or exportation, freight charges and other charges, levies or taxes, may be charged on to Client by Lekker.
5. Delivery of the Product
5.1 The delivery period indicated by Lekker shall be based on the circumstances applicable to Lekker at the time the Agreement is entered into and, to the extent dependent on performance by third parties, on the information that those third parties provided to Lekker. All delivery dates are estimates only.
5.2 Except as otherwise provided herein, the delivery period shall commence on the date of Lekker’s written Order confirmation. Provided, however, if, in order to execute the Order, Lekker requires additional information from the Client, the delivery period shall commence on the date on which Lekker disposes of all the necessary information or resources, but not earlier than the date of the written Order confirmation. The Client shall not be entitled to claim compensation in the event of an overdue delivery period.
5.3 Lekker shall at all times be entitled to deliver in part-consignments.
6. Shipment, Insurance and Passing of Risk
6.1 Lekker bikes are either a) fully assembled by our mechanics or b) almost fully assembled and subjected to quality control at our factory, depending on the Product purchased and delivery method opted for by the Client. Specific components (pedals, handlebars, battery and possible accessories) might be removed for safety reasons prior to shipment of the Product(s). Depending on the delivery method the Client has selected, the Client may be required to fit these parts (pedals, handlebars, battery and possible accessories) when he/she receives delivery of his/her bicycle. Written information on how to fit pedals, handlebars and batteries as well as the necessary tools are included with the delivery of the Product(s). In addition, a video explaining how to fit the required parts is available on the Lekker Website per Product. If necessary, telephone support on how to fit parts is available from the Lekker Customer Support Team.
6.2 Unless expressly otherwise agreed upon, Lekker shall be free to determine the appropriate mode of shipment and to select the carrier at their reasonable discretion. The Client shall bear the shipping costs (if applicable). We will inform the Customer of the shipping costs (if any) in the Order form. Return shipping costs might apply in accordance with our Return Policy.
6.3 Passing of risk of the Product(s) shall be as follows:
a) Lekker shall bear the risk of transport in case the Client is a Consumer. If the Client is a Consumer, the risk of accidental destruction, damage or loss of the delivered Product shall pass to the Consumer upon delivery of the Product to the Consumer or upon the Consumer’s default of acceptance. In all other cases, such risk shall pass to the Client upon delivery of the Product(s) by us to the carrier.
b) When the Product is assembled at a Lekker brand store or by a Lekker reseller, the Client shall be obliged to carefully inspect the assembled Product(s) before accepting the Product(s) after which such risk shall pass to the Client.
6.4 If the Client should fail to collect the Product(s) it has ordered or should fail to do so within a reasonable time period (as decided by Lekker), it shall be in default without requiring a written notice of default. In such event Lekker shall be entitled to store the Product(s) for the Customer’s account and risk and to sell these to a third party. The Customer shall remain liable for the purchase price plus the interest and costs (by way of compensation) after the deduction of the net proceeds of such sale to a third party, if any.
7 Inspection and Complaints
7.1 The Client shall be obliged to carefully inspect the Product(s) immediately upon arrival at their destination or to have these examined upon receipt by the Client itself or any third party acting at its instructions, whichever is earlier. Lekker must be informed in writing of any complaints in respect of defects to the Product(s) or any discrepancies in quantity, weight or quality between the Product(s) supplied and the specification thereof in the relevant Order confirmation or invoice no later than within five (5) calendar days after the receipt of the Product(s). The notification of the Client must at least give a clear and precise description of the complaints in respect of defects invoked by the Client and contain pictures of the defect. The Client must notify Lekker of defects that could not in reason have been discovered within the above mentioned period in writing immediately after discovery, but in any case no later than within 14 (fourteen) calendar days of the receipt of the Product(s). Notification of cosmetic damages can only be accepted by Lekker before use of the Product(s). Should the Client fail to inform Lekker within the above mentioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed.
7.2 The Client shall be obliged to immediately cease the use of the Product(s) concerned after discovering any irregularity or defect, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Client shall provide any cooperation Lekker may require in order to investigate the complaint.
7.3 The Client shall not be entitled to return Product(s) to Lekker before Lekker has agreed in writing to such return. The return shipping will then be free and there are no costs associated with it for the Client. The Product(s) shall remain at risk of the Client until receipt by Lekker of such Product(s).
8. Other obligations and responsibility of the Client
8.1 The Client shall at all times make any and all information necessary for the execution of Lekker’s activities available timely and shall warrant the accuracy and comprehensiveness thereof.
8.2 The Client shall not be entitled to remove or make invisible any trademarks or identifying marks on the Product(s), any documents accompanying and/or regarding the Product(s).
8.3 The Client shall not copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the Product(s), its components and/or the Services.
9. Right of Withdrawal / Return Policy
9.1 Our Return Policy applies to each Order of a Product to a Consumer.
9.2 If You meet the definition of a “Consumer”, You have the right to withdraw from your purchase and revoke your Order without giving any reason and without extra costs in line with our Return Policy. The withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You or a third party other than the carrier indicated by You acquires physical possession of the Product(s). When Product(s) are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You acquire the physical possession of the last lot or piece. Please note that You cannot exercise a right to withdraw in case of Products made to the Consumer's specifications or clearly personalized.
9.3 You shall send back the Product(s) in the original box or the box provided by Lekker or hand them over in person to Lekker, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your withdrawal from the Agreement to Us. The deadline is met if You send back the Product(s) before the period of 14 (fourteen) calendar days has expired.
9.4 You are only liable for any diminished value of the Product(s) resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product(s). To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the bicycle, You are liable towards Lekker for any diminished value caused by these actions.
9.5 In case You withdraw, Lekker can refuse repayment so long as Lekker has not timely received the returned Product(s) or until You have proved You have timely returned the Product(s), depending on which event occurs first.
9.6 Lekker shall use the same means of payment as You used for the initial transaction and provided that You do not incur any fees as a result of such reimbursement. Lekker shall not, however, reimburse the supplementary costs, if You have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Lekker.
9.7 You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Consumer You will be liable for any diminished value of the goods resulting from the handling of the Product(s) other than what is necessary to establish their nature, characteristics and functioning. In order to establish the nature, characteristics and functioning of the Product(s), You should only handle and inspect the Product(s) in the same manner as You would be allowed to do in a shop.
10 (Limited) Warranty / Product Warranties
10.1 Our Warranty Policy applies to each Order of a Consumer and such warranty is limited to the terms included therein as a sole remedy of warranty. Lekker warrants only those features, qualities of its Product(s) that are explicitly agreed in writing.
10.2 This is a full and complete statement of Lekker’s warranty for the Product(s). Lekker disclaims all other express and implied warranties, including but not limited to implied warranties of fitness for a particular purpose, merchantability, and, to the fullest extent permitted by law, all implied warranties provided by statute or common law. Lekker’s liability under this warranty shall be no greater than the amount of the original purchase price. Under no circumstances, including, but not limited to negligence, shall Lekker or any Lekker reseller be liable for any damages, including but not limited to incidental (including lost profits or lost opportunities) or consequential damages or losses that result from the use or inability to use the bicycle and/or any other products or materials referred to herein or in the operational manuals provided to the Client. Applicable law may not allow the limitation or exclusion of liability or exclusion of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. If such disclaimer of warranties are not allowed or are excluded by applicable law, such implied warranties are limited to the same duration as the express warranty herein. Clients not considered Consumers are not authorized to modify this warranty in any way.
10.3 If Lekker should deliver Product(s) to the Client which Lekker has obtained from its own suppliers, Lekker shall at no time be obliged to honor a warranty or liability in respect of the Client which is more far-reaching than that which Lekker can claim from its own supplier.
10.4 With respect to warranty claims under Section 10, if, in Lekker’s opinion, the Client has been able to prove that any Product(s) supplied by Lekker to the Client do not function properly, Lekker may choose, at its sole discretion, between:
- re-supplying the Product with a Product of the same model that is of similar, age, mileage and condition, upon receiving the returned Product(s);
- modifying the Product(s) properly or repair of the Product(s);
- granting the Client a discount on the purchase price to be agreed by mutual consent.
Lekker shall be fully discharged of its warranty obligations by complying with one of the options described above, and it shall not be held to pay any further compensation or damages.
10.5 The Product(s) shall remain completely for the Client’s risk even if Lekker should carry out any repairs or modifications to the Product(s).
10.6 In the event of a defect of the delivered Product, the Consumer shall be entitled to request from us to repair the defect or to supply another Product (as ordered) which is free from defects in line with our Warranty Policy. We may refuse to remedy a defective product in the manner requested by the Consumer if such remedy would result in unreasonable costs.
11. Client Representations and Warranties
11.1 The Client represents, warrants, and agrees that he or she (i) fully understands the Product(s) and maintenance and safe keeping thereof and has read the manuals and seen instruction videos provided for the Product(s) purchased (ii) is a safe and competent bicycle operator, (iii) is sufficiently fit and physically capable to safely ride a bicycle without any risk to his or her health, (iv) is knowledgeable about the operation of a bicycle, and (iv) is knowledgeable about the laws pertaining to bicycles. Like any physical activity, riding a bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases, by choosing to ride a Lekker bicycle, Client assumes all responsibilities and risks for all such injuries or other medical conditions.
11.2 The Client acknowledges that operating the bicycle has inherent risks, dangers and hazards, including but not limited to traffic conditions, weather conditions, road and sidewalk conditions, natural and unnatural objects and obstacles, impact or collision and negligence of others. Client acknowledges and agrees that Lekker limits its liability as provided in this section. Client shall indemnify Lekker against and shall hold Lekker harmless from all costs, expenses, and liabilities (including reasonable attorney fees) from any claims by Client or any third party arising out of Client’s use of the bicycle. Without limiting the generality of the foregoing, except as expressly provided herein, the Client assumes all risk and liability for any and all loss, damage, or injury including death to persons or property of the Client or others arising out of bicycle possession, use operation or care and control of the bicycle by the Client, including but not limited to, all medical costs and financial and economic losses.
11.3 this clause equally applies to all test rides booked at Lekker in accordance with our Test Ride Policy.
12.1 Lekker is not liable for consequential, indirect, incidental, special, exemplary, punitive damages, lost profits or revenues or diminution in value arising out of or relating to any breach of agreement, including but not limited to these T&Cs, whether or not the possibility of such damages has been disclosed in advance or could have been reasonably foreseen and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based to the extent permitted by law.
Any liability of Lekker to Client shall at all times be limited to the sum insured that shall be paid in such case under the liability insurance policies taken out by Lekker. These insurance policies have limited cover, inter alia with respect to the amount of the damages and the number of insured events per year.
Upon request thereto, access may be obtained to the insurance cover note. Should no payment be made by virtue of aforementioned insurance policies, regardless of the grounds, the liability of Lekker shall then be limited to the fee that was invoiced by Lekker and paid by Client in connection with the delivery at hand during a 12 (twelve) month period directly preceding the date on which the event leading to liability occurred, up to a maximum liability of €10,000 (ten thousand Euro) or equivalent amount in the currency of the country of purchase.
12.2 In the event that Lekker involves third parties, Lekker shall not accept any liability whatsoever for failure to perform on the part of such third party except to the extent for failure to perform on the part of Lekker itself — to which Section 12.1 applies. If the Client brings legal action directly against a third party, the Client shall indemnify Lekker against any claims by such third party in connection with such claim as well as against all expenses to be incurred by Lekker.
12.3 All rights of legal action and other powers of the Client towards Lekker in connection with the Product(s) delivered by Lekker (other than warranty claims during the warranty period) shall lapse upon expiry of a one (1) year term after the date on which the Client has become aware of - or could in all fairness have been aware of - the existence of such rights and powers.
13 Force majeure
13.1 If Lekker is unable to fulfil any of its obligations towards Client due to force majeure, these obligations shall be suspended during the force majeure situation.
13.2 Provided however, if a force majeure situation has lasted for one (1) calendar month or more, both parties have the right to dissolve the Agreement in writing entirely or in part. In the event of force majeure of Lekker, Client is not entitled to any compensation or damages.
13.3 Force majeure on the part of Lekker is to be understood to be any circumstance beyond the control of Lekker hindering the fulfilment of its obligations towards Client entirely or in part or because of which Lekker cannot be expected in all fairness to fulfil its obligations, regardless of whether such circumstance could have been foreseen at the time when the Agreement was concluded. Such circumstances include but are not limited to fires or other natural disasters such as bush fires or floodings, acts of terrorism, strikes and lockouts, the outbreak and/or spread of viruses and/or diseases, stagnation or other production problems suffered by Lekker or its suppliers, or problems in the transportation provided by Lekker or any third parties, any government measures, as well as the inability to obtain any permit or license from any governmental body.
13.4 Parties shall notify each other as soon as possible of any (possible) force majeure situation.
14.1 If Client fails to fulfil any of its obligations arising from the Agreement properly or in time, Client shall be in default and Lekker shall be entitled without any default notice:
- to suspend the fulfilment of the Agreement until payment has been adequately guaranteed; and/or
- to dissolve the Agreement with Client entirely or in part;
- all this without prejudice to Lekker's other rights under any Agreement
whatsoever and without Lekker being held to any damages.
14.2 If Lekker exercises its right of termination as mentioned in Section 14.1, Lekker is authorized to set off any amount which may possibly be refunded to Client with a remuneration for activities already carried out as well as with a compensation for loss of profit.
14.3 In the event of bankruptcy, (provisional) suspension of payment, liquidation or attachment of one or more assets of Client or if Client is aware that any of these situations may occur, Client must notify Lekker thereof as soon as possible.
14.4 In case of a situation as referred to in Section 14.3, all Agreements with Client shall be terminated immediately by notice from Lekker or Lekker may notify Client that it wishes (part of) the Agreement concerned to be fulfilled, in which case Lekker is entitled without any default notice:
- to suspend fulfilment of the Agreement(s) concerned until payment has been adequately guaranteed; and/or
- to suspend all its payment obligations, if any, towards Client;
- all this without prejudice to Lekker’s other rights under any Agreement
whatsoever and without Lekker being held to any damages.
14.5 In the event of a situation as referred to in Section 14.3, all Lekker’s claims against Client shall be immediately payable in full.
15.1 Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).
15.2 We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.
15.3 You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the services included on the Website or any related website for violating any of the prohibited uses.
Lekker does not accept liability for the situations described in 15, or any combination thereof, to the extent permitted by law.
16. User Comments, Feedback or Generated Content
If You send certain specific submissions suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to us. Lekker is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&Cs. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
17 Transfer of rights and obligations
17.1 Lekker is allowed to transfer to third parties the rights and obligations described in any Agreement with Client. If obligations of Lekker are transferred, Lekker must inform Client beforehand and Client shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such case, Lekker shall not be liable for any damages. Except as provided in the Agreement and these Terms, Client cannot transfer to third parties any rights or obligations from any Agreement unless after consent thereto by Lekker. Any attempted assignment in violation of this Section shall be null and void. The Agreement shall be binding on any permitted successor or permitted assignee.
19 Conversion & Severability
19.1 If and insofar as any provision of these T&Cs cannot be invoked due to any imperative rule of law, the unfair character of these T&Cs or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.
19.2 If any term or provision of the Agreement, including in these T&Cs is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
20 Applicable law, competent court
20.1 The law of the Netherlands shall be applicable to the present T&Cs and to all other Agreements. The applicability of the Uniform Law on the International Sale of Movable Property, the Uniform Law on the Formation of International Contracts for the Sale of Goods as well as the Vienna Convention on the Sale of goods is excluded.
20.2 Any disputes arising from the Agreement or these Terms shall be brought exclusively before the competent court in Amsterdam.
21 Amendment of T&Cs
These T&Cs may be amended on the part of Lekker by mere notification to the Client. In the absence of any protest within 14 days after notification the amended T&Cs shall apply to all new Agreements as of the day of notification as well as to all current Agreements insofar as these are carried out after the day of notification.
22 Contact Information
Urban Bicycles Pty Ltd trading as Lekker Bikes ABN 88139918826 with registered address at 23 Provost Street, 3051 North Melbourne, VIC, Australia