Trade terms

These terms apply to trade accounts with C3 Cycling Pty Ltd, trading as Caffeine & Cranks ("we", "us"), and to every order placed on a trade account. "You" means the business that holds the account.

You accept these terms by ticking the declaration in our application form or by placing an order. That online acceptance, with the name and position typed in the form, has the same effect as a signature.

These terms apply instead of any terms printed on or attached to your purchase orders. A purchase order number is welcome for your records, but terms that come with it don't change these.

Nothing in these terms excludes, restricts or changes any right you have under the Australian Consumer Law that can't be excluded.

We approve accounts at our discretion and may decline an application. Your account is for your business only. Keep your sign-in to yourself and tell us promptly if your business details, ownership or contacts change.

Trade prices are shown in the portal excluding GST. GST is added at checkout and shown on your tax invoice. The price that applies to an order is the one shown when you place it.

We may change trade prices and the range available to you from time to time. Changes apply only to orders placed after the change, never to orders already placed, and you can close your account at any time if you don't want to continue.

Recommended retail prices (RRPs) are recommendations only. You are free to set your own selling prices, and we will not ask you to sell at, or advertise at or above, any particular price.

Orders are subject to stock being available. Items saved in an open order are not held. Stock is checked again when you place the order, and the portal will tell you if a quantity is reduced to what's available before you confirm.

Card orders hold stock for 24 hours while you complete payment; if payment isn't completed, the order may be cancelled and the stock released. You may cancel any order that hasn't been paid or dispatched by contacting us.

If we can't supply all or part of an order after you've placed it, we'll tell you promptly and refund or credit anything you've paid for the items we can't supply.

Unless we have approved account terms in writing, orders are paid upfront by card or bank transfer, and we dispatch once payment is received. Bank transfers should quote the order number.

Account terms (for example 14 or 30 days from the invoice date) and a credit limit are granted at our discretion. When you apply for terms you authorise us to contact the trade references you give us. For companies and trusts we may ask a director or trustee to sign a separate personal guarantee before terms start; we recommend the guarantor gets independent legal advice before signing it.

We may change or withdraw account terms by giving you at least 14 days' written notice. Orders placed before the change keep the terms that applied when they were placed. If an invoice is overdue we may place new orders on hold until it is paid.

If we need to take steps to recover an overdue amount, you agree to pay the costs we actually and reasonably incur in doing so.

Freight is free on orders of $500 or more excluding GST; otherwise a flat freight charge applies, shown before you place the order. Delivery dates are estimates. Risk in the goods passes to you on delivery.

Please check deliveries on arrival and tell us about any shortages, wrong items or transit damage within 7 days, so we can claim from the carrier and fix it quickly. This doesn't limit your rights under the Australian Consumer Law.

Goods remain ours until we have received payment for them in full. Until then you may sell them in the ordinary course of your business.

Faults you find. Tell us as soon as you find a fault, with your order number and photos. We'll repair, replace, credit or refund as the Australian Consumer Law requires.

Your customers' warranty claims. If a customer brings a faulty Caffeine & Cranks product back to you, deal with them as the Australian Consumer Law requires and contact us with the details. We'll give you a return authorisation where we need the item back, replace the item or credit you, and reimburse the reasonable costs you incur in providing the remedy, as the law requires of us as the manufacturer. Nothing in these terms limits your rights to be indemnified by us under the Australian Consumer Law.

Other returns. We don't accept returns for change of mind unless we agree in writing first. If we do agree, we'll confirm any conditions before you send the goods back.

You may use our product images, descriptions and logo to promote and sell our products, in store and online (including on marketplaces). Please present them accurately, use current images and descriptions, and don't alter our logo. All intellectual property in them stays with us, and we may ask you to update or remove material that is out of date or misrepresents the product.

Neither of us is liable to the other for indirect or consequential loss, such as lost profits or lost opportunity, arising from these terms or an order.

Apart from that, each party's liability to the other in connection with an order is limited to the price of the goods in that order. These limits don't apply to amounts you owe us for goods, to our obligations to indemnify you under the Australian Consumer Law, to fraud, or to any liability that can't be limited by law.

Neither of us is responsible for a delay or failure caused by events outside our reasonable control, such as natural disasters, pandemics, carrier or supplier failures, or outages of the systems we rely on. The affected party will tell the other promptly and do what it reasonably can to keep things moving. This doesn't excuse paying for goods already delivered.

Either of us may close a trade account at any time by notice. Amounts owing remain payable, and these terms continue to apply to orders already placed. Orders not yet dispatched can be cancelled by either of us with a refund of anything paid for them.

What we collect and why. We collect the business and personal details in your application and account, such as names, positions, phone numbers, email addresses and delivery details, and records of your orders and of your online sign-off. We use them to assess your application (including any request for account terms), run your account, process and deliver orders, and send you account, order and payment emails. If you don't provide the details we ask for, we may not be able to open an account or supply you.

Who we share it with. We share information only as needed with the service providers that run our business (including Shopify for orders and payments, Supabase for our trade portal database in Sydney, Cloudflare for hosting and security, and Resend for email), with carriers delivering your orders, with the trade references you nominate, and where the law requires. Some of these providers are based in, or may store information in, the United States and other countries. We don't sell personal information.

Marketing. We'll only send you trade news and new-range announcements if you opt in, and you can unsubscribe at any time. Account, order and payment emails aren't marketing and will still be sent.

Access, correction and complaints. You can ask to see or correct the personal information we hold about you, or make a complaint, by emailing hello@caffeineandcranks.cc. We'll respond within 30 days. If you're not satisfied with our response, you can contact the Office of the Australian Information Commissioner (oaic.gov.au).

We may update these terms. We'll email the account's contact at least 14 days before changes take effect, and the updated terms apply only to orders placed after that date. If you don't agree with a change, you can close your account before it takes effect.

Notices under these terms can be given by email to the address on your account, or to hello@caffeineandcranks.cc for us. Neither of us may transfer the account or these terms to someone else without the other's consent, which won't be unreasonably refused. If any part of these terms is invalid, the rest still applies. Not enforcing a term straight away doesn't waive it.

If a dispute arises, we'll each try in good faith to resolve it by talking first. These terms are governed by the law of New South Wales, and either of us may go to the courts of New South Wales or a tribunal with jurisdiction.