Terms of service
Blue Groove BMX Terms of Service
Overview
Welcome to Blue Groove BMX.
These Terms of Service govern your access to and use of the Blue Groove BMX website, online store and related products, services, features and content.
Throughout these Terms, “Blue Groove BMX”, “we”, “us” and “our” refer to The Blue Groove BMX.
Our online store is powered by Shopify, which provides the ecommerce platform used to offer our products and services.
By accessing our website, placing an order or otherwise using our services, you agree to these Terms of Service together with our Privacy Policy, Shipping Policy and Returns Policy.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, including rights available under the Australian Consumer Law. Consumer guarantees apply automatically and cannot be removed by store terms or policies. Federal Register of Legislation
If you do not agree to these Terms, you should not use our services.
1. Access and Customer Accounts
You must be legally capable of entering into a contract to make a purchase through our store.
If you allow a minor to use our website or services, you are responsible for supervising their use and, where applicable, for purchases made with your permission.
When placing an order or creating an account, you agree to provide information that is accurate, current and complete.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.
Please contact us if you believe your account has been accessed without authorisation.
2. Products and Product Information
We take reasonable care to ensure that product descriptions, specifications, images, prices and availability information are accurate.
Product colours and appearance may vary slightly depending on your device, display settings, lighting, photography and manufacturer imagery.
Product specifications may also change where a manufacturer updates a product.
Where compatibility is important, customers should review the technical specifications provided and contact Blue Groove BMX if they are unsure whether a component is suitable for their bike.
We may correct errors or update product information when required.
Products may be discontinued or become unavailable without notice.
Nothing in this section limits any rights available under Australian Consumer Law, including consumer guarantees relating to acceptable quality, fitness for disclosed purposes and correspondence with descriptions. Federal Register of Legislation
3. Orders
Submitting an order through our store constitutes an offer to purchase the products or services shown in your order.
An order is accepted when we confirm the order and accept payment.
We may decline or cancel an order where reasonably necessary, including where:
- A product is unavailable.
- Pricing or product information contains a genuine error.
- Payment cannot be processed.
- We reasonably suspect fraud or unauthorised payment activity.
- The order cannot reasonably be fulfilled.
- The order breaches these Terms or applicable law.
If we cancel an order after payment has been received, we will arrange an appropriate refund of the amount paid for the cancelled goods or services.
Please review your order carefully before submitting it. If you need to change or cancel an order, contact us as soon as possible. We cannot guarantee that an order can be changed after fulfilment or dispatch has commenced.
Returns and exchanges are also subject to our Returns Policy and your rights under Australian Consumer Law.
4. Prices and Payment
Unless otherwise stated, prices displayed by Blue Groove BMX are in Australian dollars (AUD).
Prices, promotions and discounts may change from time to time.
The price applicable to an order is generally the price displayed when the order is placed, subject to correction of genuine pricing or system errors.
Shipping charges are calculated separately where applicable and are displayed during checkout before payment.
You agree to provide accurate and authorised payment information.
By submitting payment details, you confirm that you are authorised to use the selected payment method.
Promotional codes and discounts may be subject to additional conditions, including eligibility requirements, expiry dates, minimum purchase requirements or product exclusions.
5. Shipping and Delivery
Blue Groove BMX currently ships within Australia.
Shipping charges, delivery methods and other shipping information are set out in our Shipping Policy.
We aim to dispatch orders as quickly as reasonably possible, with same-day dispatch occurring in most cases where circumstances allow.
Delivery estimates are estimates only and may be affected by carriers, weekends, public holidays, weather, remote-area delivery requirements and events outside our reasonable control.
Tracking information will be supplied where provided by the relevant carrier.
Blue Groove BMX will assist customers with delivery issues where reasonably possible.
Nothing in this section excludes or restricts rights or remedies that may apply under Australian Consumer Law.
6. Local Pickup
Eligible orders may be collected from:
Blue Groove BMX
45 Bellwood Street
Darra QLD 4076
Customers must wait until they receive confirmation that their order is ready before travelling to the store for collection.
Please bring your order confirmation or order number when collecting your order.
7. Returns, Faults and Consumer Guarantees
Our change-of-mind return arrangements are described in our Returns Policy.
These arrangements are separate from your statutory rights.
Products and services sold by Blue Groove BMX come with consumer guarantees that apply automatically under Australian Consumer Law. These rights cannot be excluded by our Returns Policy, these Terms, a manufacturer's warranty or a stated return period. ACCC
Where goods or services fail to meet an applicable consumer guarantee, remedies may include repair, replacement, refund, cancellation or compensation depending on the circumstances and the nature of the failure. ACCC
Change-of-mind returns do not automatically attract the same statutory remedies, and Blue Groove BMX may apply its published change-of-mind return conditions. Businesses are not generally required to provide a refund simply because a customer changes their mind. ACCC
8. Workshop and Other Services
Where Blue Groove BMX provides workshop or other services, we will perform those services with reasonable care and skill.
Customers are responsible for providing accurate information about their bike, components, requested work and any known problems that may affect the service.
Additional work identified after inspection will not be undertaken without appropriate customer authorisation where additional charges apply.
Any quoted completion time is an estimate unless expressly agreed otherwise.
Consumer guarantees also apply to services supplied to consumers, including guarantees relating to due care and skill and, in relevant circumstances, fitness for a disclosed purpose. Federal Register of Legislation
9. Intellectual Property
Unless otherwise indicated, the Blue Groove BMX website and its original content, branding, layout, graphics and other materials are owned by or licensed to Blue Groove BMX.
Manufacturer names, trademarks, logos, photographs and other third-party intellectual property remain the property of their respective owners.
You may access and use our website for ordinary personal and shopping purposes.
You must not reproduce, republish, commercially exploit or distribute Blue Groove BMX-owned content without permission, except where permitted by law.
Nothing in these Terms transfers ownership of any intellectual property to you.
10. Third-Party Services and Links
Our website may contain links to, integrations with or functionality provided by third parties.
Third-party services may operate under their own terms, privacy policies and conditions.
Blue Groove BMX is not responsible for the content, security, availability or practices of third-party websites that we do not control.
This does not limit any responsibility that cannot lawfully be excluded.
11. Shopify
The Blue Groove BMX online store is powered by Shopify.
Shopify provides the ecommerce technology and infrastructure that enables us to operate our online store.
Products and services purchased from Blue Groove BMX are sold by Blue Groove BMX, not Shopify.
Certain information may be processed by Shopify as part of providing its platform and related services. Further information is available in our Privacy Policy and Shopify's applicable privacy documentation.
12. Privacy
Personal information collected through our services is handled in accordance with our Privacy Policy and applicable privacy requirements.
Because our ecommerce platform is provided by Shopify, certain information may also be processed by Shopify and service providers involved in operating the store, processing payments, fulfilling orders, providing analytics or delivering other services.
Please review our Privacy Policy for further information about how personal information is collected, used and disclosed.
13. Reviews, Feedback and User Content
If you provide Blue Groove BMX with reviews, comments, photographs, suggestions or other content, you confirm that you have the right to provide that material.
You must not submit content that:
- Infringes another person's intellectual property or privacy rights.
- Is unlawful, fraudulent, defamatory or misleading.
- Contains malicious software or harmful code.
- Misrepresents your identity or experience.
Where you submit content for publication or promotional use, you grant Blue Groove BMX a non-exclusive licence to reproduce, display and use that content for legitimate business purposes associated with the store and our products or services.
Where required, any material relationship, incentive or compensation associated with a review must be disclosed.
14. Automated Services, AI Agents and Acceptable Use
Blue Groove BMX supports legitimate technology that helps customers discover, compare and purchase products, including authorised search engines, shopping platforms and AI-powered services.
Automated systems and AI agents may interact with our services where access is provided or permitted through Shopify, Blue Groove BMX or another authorised interface.
Automated access must not:
- Circumvent authentication, access controls, CAPTCHAs, rate limits or other security measures.
- Attempt to gain unauthorised access to systems or information.
- Interfere with the normal operation of the store.
- Scrape or extract information in a manner prohibited by applicable law or the technical controls of the service.
- Submit fraudulent orders, false information or malicious requests.
- Conceal activity for the purpose of defeating security or access restrictions.
We may reasonably restrict automated activity that threatens security, availability, customer privacy or the reliable operation of our services.
Nothing in this section is intended to prevent legitimate customers from using authorised AI assistants, shopping agents, search services or accessibility technologies to interact with Blue Groove BMX.
15. Prohibited Uses
You must not use our services:
- For unlawful, fraudulent or malicious purposes.
- To infringe the rights of another person.
- To transmit malware, viruses or harmful code.
- To interfere with or disrupt our website or associated systems.
- To gain unauthorised access to accounts, systems or data.
- To impersonate another person or provide deliberately false information.
- To conduct spam, phishing or similar abusive activity.
- To circumvent security or access controls.
- In a way that materially interferes with another person's legitimate use of the services.
We may restrict or suspend access where reasonably necessary to protect customers, our business, our systems or third parties.
16. Errors and Corrections
Despite reasonable efforts to maintain accurate information, our website may occasionally contain errors or omissions relating to product descriptions, specifications, pricing, promotions, shipping charges, availability or other information.
We may correct genuine errors when identified.
If an error materially affects an order that has already been placed, we will contact you where appropriate and provide available options.
Nothing in this section limits rights available under Australian Consumer Law or permits misleading or deceptive conduct. Australian Consumer Law prohibits misleading or deceptive conduct and false or misleading representations. Federal Register of Legislation
17. Availability of the Services
We aim to keep our website and services available but cannot guarantee uninterrupted operation.
Access may occasionally be interrupted because of maintenance, technical problems, third-party platform outages, network failures or events outside our reasonable control.
We may modify or discontinue website functionality where reasonably necessary.
This does not affect obligations relating to orders already accepted or rights that cannot legally be excluded.
18. Disclaimer and Limitation of Liability
To the maximum extent permitted by law, Blue Groove BMX excludes warranties, representations and liabilities that may lawfully be excluded.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability under Australian Consumer Law or any other applicable law where it would be unlawful to do so. Australian Consumer Law expressly provides that consumer guarantees generally cannot be excluded by contract. Federal Register of Legislation
Where liability cannot lawfully be excluded, these Terms apply subject to those statutory rights.
Blue Groove BMX is not responsible for loss caused solely by circumstances outside our reasonable control where we have otherwise complied with our legal obligations.
We do not exclude liability for reasonably foreseeable loss or damage where Australian Consumer Law requires compensation. ACCC
19. Indemnity
To the extent permitted by law, you are responsible for loss suffered by Blue Groove BMX as a direct result of your unlawful use of our services or material breach of these Terms.
This provision does not require you to indemnify Blue Groove BMX for loss caused by our own negligence, misconduct, breach of law or breach of these Terms.
20. Termination or Suspension
You may stop using our services at any time.
We may suspend or restrict access where reasonably necessary, including in response to:
- Fraud or suspected fraud.
- Unlawful activity.
- Security threats.
- Serious or repeated breaches of these Terms.
- Activity that materially disrupts the operation of our services.
Termination or suspension does not remove rights or obligations that arose before termination.
21. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue to apply to the extent permitted by law.
22. Waiver
If Blue Groove BMX does not immediately exercise a right available under these Terms, that does not necessarily constitute a waiver of that right.
23. Entire Agreement
These Terms, together with any policies expressly incorporated into them, constitute the terms governing your use of the Blue Groove BMX services.
Nothing in this section excludes representations, guarantees or rights that cannot legally be excluded.
24. Assignment
You may not transfer your rights or obligations under these Terms where doing so would materially affect our ability to provide the services without our consent.
Blue Groove BMX may transfer its rights or obligations as part of a legitimate sale, restructure or transfer of the business, subject to applicable law and without reducing your statutory rights.
25. Governing Law
These Terms are governed by the laws applicable in Queensland, Australia, together with applicable Commonwealth laws including the Australian Consumer Law.
You and Blue Groove BMX submit to the jurisdiction of the courts and tribunals that have jurisdiction in Queensland, subject to any rights you may have to bring a claim in another jurisdiction under applicable law.
26. Changes to These Terms
We may update these Terms from time to time to reflect changes to our business, services, technology or legal obligations.
The current version will be published on our website.
Changes will apply from the date they are published or another date specified in the updated Terms.
Changes will not retrospectively remove rights that have already accrued and will remain subject to applicable consumer law.
Because standard-form consumer contracts are subject to Australia's unfair-contract-term regime, unilateral variation rights should not be drafted so broadly that they create a significant unjustified imbalance between the parties. ACCC
27. Contact Information
Questions about these Terms of Service can be directed to:
Blue Groove BMX
45 Bellwood Street
Darra QLD 4076
Australia
Phone: 0406 303 209
Email: thebluegroovebmx@gmail.com