Terms of service
These terms apply to your use of shop.bendamoto.com.au (the "store") and to everything you buy from it. Please read them before ordering. By placing an order you agree to them.
The store is operated by BENDA Moto Australia Pty Ltd (ABN 82 692 231 879) of 4 Higgs St, Albion QLD 4010, Australia. In these terms, "we", "us" and "our" mean BENDA Moto Australia Pty Ltd, and "you" means the person using the store or placing an order.
These terms sit alongside our returns and refund policy, shipping policy and privacy policy, which form part of them.
Your rights under the Australian Consumer Law come first
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where anything below would otherwise have that effect, it does not apply to that extent.
Using the store
You must be at least 18 and able to enter a binding contract. If you order on behalf of a business, you confirm you are authorised to do so.
If you create an account, keep your login details secure and let us know promptly if you believe someone else has used them. You are responsible for activity on your account, except where it results from our own act or omission.
Please do not use the store to break the law, interfere with its operation or security, scrape it at a volume that degrades it for others, or resell our content as your own.
Orders
An order you place is an offer to buy. A contract forms when we accept it, which we do when we dispatch the goods — not when you receive an order confirmation email, which only acknowledges that we have your order.
We may decline or cancel an order before dispatch where the goods are unavailable, where there has been a pricing or description error, where we cannot verify your details, or where we reasonably suspect fraud. If we do, we will tell you and refund anything you have paid for that order in full.
If you need to cancel, contact us as soon as possible — see the returns and refund policy for how cancellations and change of mind are handled.
Pricing, GST and payment
Prices are in Australian dollars and include GST where it applies. Shipping is additional and is calculated at checkout. Prices can change, but a change will not affect an order we have already accepted.
We try hard to price and describe everything accurately. If an obvious error means an item was listed at the wrong price, we will contact you before dispatch and you can confirm at the corrected price or cancel for a full refund. We will not simply charge you the higher amount.
Payment is taken at checkout through our payment providers. We do not store your full card details.
Products, fitment and availability
Stock levels and availability can change, and images are indicative — colours vary between screens, and packaging and finishes are occasionally updated by the manufacturer.
For parts, it is your responsibility to confirm a part suits your specific model and VIN before ordering. Our parts catalogue lists diagrams and part numbers, and we are happy to confirm fitment by email if you are unsure. The returns policy sets out what happens with parts that have been fitted.
Safety equipment and use
Helmets, protective clothing and similar products must be used in line with the manufacturer's instructions and any applicable Australian standards. Fitment, condition and suitability matter to how they perform.
Road-legality requirements differ between Australian states and territories and between countries. Please make sure a product is legal for your intended use where you ride before you buy it. Fitting parts to a motorcycle may also affect its compliance, warranty or insurance — check before you fit.
None of this reduces our obligation to supply goods that meet the consumer guarantees.
Shipping and returns
Delivery, rates, timeframes and pickup-only items are covered in our shipping policy. Returns, exchanges and refunds are covered in our returns and refund policy.
Intellectual property
The BENDA name and logo, and the text, images, diagrams and layout of this store, are owned by us or our licensors. You may use them for browsing and buying, and you may not copy, republish or use them commercially without our permission. Product names and marks belonging to other brands remain theirs.
Third-party links
The store links to other sites, including bendamoto.com.au and our dealer locator. We do not control third-party sites and are not responsible for their content or their terms.
Liability
To the extent permitted by law, and subject always to the consumer guarantees above, we are not liable for loss that was not reasonably foreseeable, or for loss caused by circumstances outside our reasonable control such as carrier delays, customs action or events of the kind usually described as force majeure.
Where our liability can lawfully be limited, and the goods are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited at our option to replacing the goods, supplying equivalent goods, or paying the cost of doing so.
We do not exclude liability for fraud, or for death or personal injury caused by our negligence.
Privacy
How we handle your personal information is set out in our privacy policy.
Changes to these terms
We may update these terms from time to time. The version published here when you place an order is the version that applies to that order — a later change does not alter a contract already formed.
Governing law
These terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland. If you are a consumer, this does not deprive you of the protection of the law where you live.
General
If any part of these terms is found unenforceable, the rest continues to apply. If we do not enforce a term straight away, we do not give up the right to enforce it later.
Contact
BENDA Moto Australia Pty Ltd · ABN 82 692 231 879
4 Higgs St, Albion QLD 4010, Australia
sales@bendamoto.com.au | 1800 023 632