Terms and Conditions
Terms and Conditions
These terms and conditions apply to all purchases made from Rae-San.
MOTORCYCLE PRODUCT DISCLAIMER
Motorcycling is an inherently dangerous activity, which may result in personal injury and / or death. While Rae-San (and/or Entities Trading as Rae-San) products are designed to offer superior riding comfort and performance, no product can offer complete protection from injury or damage to individuals and property in case of fall, loss of control or otherwise. You should wear appropriate protective equipment, obey all traffic laws, regulations and use good judgment. Never take alcohol or drugs (legal or illegal) before riding. Always inspect your motorcycle before riding, and read your owner’s manual. You should be familiar with the wide range of foreseeable hazards of motorcycling and decide whether to assume the risks inherent in such activity, which include damage to property, serious injury to you or others and death.
Rae-San (and/or entities trading as Rae-San) disclaims any responsibility for injuries or damages incurred while using any of its products. Rae-San (and/or entities trading as Rae-San) makes no guarantees or representations, expressed or implied, regarding materials and workmanship or the fitness of its products for any particular purpose, further Rae-San (and/or entities trading as Rae-San) makes no guarantees or representations, expressed or implied, regarding the extent to which its products protect individuals or property from injury or death or damage. Rae-San (and/or entities trading as Rae-San) products must be installed and repaired by a trained professional. Rae-San (and/or entities trading as Rae-San) disclaims any responsibility for injuries, death or damages due to improper installation of its products. Any actual attorney fees for any unsuccessful claim against seller to be paid by plaintiff/counter-claimant.
Modification of a motorcycle by fitting the devices obtained from Rae-San (and/or entities trading as Rae-San) may void manufacturer’s warranty, state and federal laws and render insurance void. It is the responsibility of the motorcycle owner to be familiar with these laws. Fitting of any product from Rae-San (and/or entities trading as Rae-San) constitutes acceptance of the responsibility and consequences of any legal, insurance, or warranty breach by the motorcycle owner. Furthermore fitting of any device constitutes acceptance and agreement to indemnify Rae-San (and/or entities trading as Rae-San) of all damages and liabilities that may arise in the event of accident, misfortune or failure of a device.
1. Orders & Delivery:
All orders placed through this web site are subject to confirmation and acceptance by Rae-San. Rae-San via Australia Post will deliver the goods you order, via Registered Parcel Post, to the address you specify in your order, subject to their availability. Where the goods are not available you will be notified of this by Rae-San as soon as possible. Anyone at the delivery address who receives the goods will be presumed by Rae-San to be authorised to sign for and receive the goods. Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged.
2. Returns & Refunds
Rae-San cannot guarantee that your project will be successful and cannot refund for a product after it has been used. Please contact Rae-San within 30 days of receipt of product to report faults and failures. Please ensure you have downloaded, read and followed the corresponding Rae-San Installation/Instruction Manual for the Rae-San product purchased. Refunds and replacements are at the discretion of Rae-San after full discussion with the purchaser.
3. 12 Month Limited Warranty
Rae-San (and/or Entities Trading as Rae-San) warrants this product free from defects in material or workmanship for a period of 12 months from the date of purchase, except as noted. The product warranty does not cover damage caused by misuse or abuse; accident; the attachment of any unauthorized accessory; alteration to the product, improper installation, exposure to harsh weather and/or chemicals, lack of proper maintenance, lubrication, or any other conditions that are beyond the control of Rae-San (and/or Entities Trading as Rae-San). Rae-San (and/or Entities Trading as Rae-San) shall not be responsible for any type of incidental, consequential, or special damages. All implied warranties, including but not limited to those warranties of fitness and merchant accountability, are limited in the total duration to 12 months from the original purchase date.
Warranty is solely through Rae-San (and/or Entities Trading as Rae-San). Service to our products by anyone other than Rae-San (and/or Entities Trading as Rae-San) authorized installation centres voids warranty.
4. Prices & Payment:
For each online order, you must pay:
1. the applicable price for the relevant goods confirmed by Rae-San;
2. the Delivery/Postage and Handling fee specified on the web site at that time.
Your order and credit card details are safe and secure.
Rae-San chooses to use Paypal for all transactions, and you will be forwarded to Paypal’s secure site for all payment transactions. Please see Paypal’s terms and conditions for more information on that payment gateway. At this stage we can only accept payments via Paypal.
All our products are sent to you in good working condition and packaged correctly. As we use a third party for deliveries, we cannot guarantee the condition of the product on arrival.
Claims for lost shipment, damaged shipments, or other problems regarding freight must be made directly to the responsible carrier.
6. Your Account
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Rae-San in connection with any use (whether authorised or unauthorised) of your user name or password. Rae-San may suspend or cancel your account at any time without prior notice.
7. Images and Graphics
Rae-San aims to include up-to-date images and/or graphics of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. We recommend you read the Rae-San Installation/Instruction Manuals on the goods carefully before using the goods.
Rae-San will comply with Rae-San’s Privacy Statement. Rae-San will not reveal your personal information to external organizations except for the purposes of fulfilling your order.
Any liability of Rae-San in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Rae-San be limited to:
1. in relation to goods, the replacement of the goods or the supply of equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
10. Changes To Terms
Each order is governed by the terms and conditions current when the order is placed. Rae-San may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
11. Applicable Law
All purchases, and these terms and conditions, are subject to the laws of South Australia, Australia.
Exclusion and limitation of liability
TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCHINFORMATION OR ADVICE.
1.Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
2.In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
a. in relation to goods
i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
ii. the repair of the goods or payment of the cost of having the goods repaired;
b. in relation to services
i. the supplying of the services again; or
ii. The payment of the cost of having the services
supplied again as in each case we may elect.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.
We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.
Information collected by Rae-San
Your contact information, including:
5.products ordered from Rae-San
6.correspondence between you and Rae-San
We will never collect sensitive information about you without your explicit consent.
The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
The personal information which we hold will be held securely in accordance with our internal security policy and the law.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
What Rae-San does with your information
We do not make your personal information available to third parties, with the obvious exception of third party business partners such as Paypal & Australia Post
We do not provide aggregate data to third parties.
We will contact relevant people to communicate billing and technical issues
We store website data and email queued on our servers, only for use as back-up data should it be required
We access historic correspondence and details about earlier conversions in response to customer service issues and, to conform to the edicts of the law or comply with legal process served on Rae-San.
As a customer of Rae-San you may receive occasional email communications from Rae-San that relate to the products we provide to you.