Terms of service
Last updated: 10 August 2026
Overview
This website is operated by Dallas & Jess Pty Ltd (ABN 84 605 383 677) trading as Bundaberg Harley-Davidson and Bundy Moto. In these Terms of Service, “we”, “us” and “our” mean Dallas & Jess Pty Ltd and both of its trading names, and “you” means the person accessing or using this website.
We offer this website, including all information, tools and services available from it, to you conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including the additional terms, conditions and policies referenced in them or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of them, you may not access the website or use any services.
Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or under any other law that cannot lawfully be excluded. Where there is any inconsistency, those rights prevail. See Section 16.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 — Online store terms
By agreeing to these Terms, you confirm that you are at least 18 years of age, or that you are the parent or guardian of a minor and consent to that minor using this website under your supervision.
You may not use our products for any illegal or unauthorised purpose, nor may you, in your use of the Service, breach any law that applies to you (including copyright law).
You must not transmit any worms or viruses or any code of a destructive nature.
A serious or repeated breach of these Terms may result in suspension or termination of your access to the Service.
Section 2 — General conditions
We may decline to supply goods or services to any person, acting reasonably and in accordance with applicable law. We will not refuse supply on any ground that would constitute unlawful discrimination.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 — Accuracy of information, errors and omissions
The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely sources. This site may contain historical information, which is provided for reference only and is not current.
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel affected orders, including after you have submitted your order. If we cancel an order for this reason after you have paid, we will refund you in full — see Section 7.
We undertake no obligation to update, amend or clarify information on the site except as required by law. We may modify the contents of this site at any time, but we have no obligation to update any information on it.
Section 4 — Modifications to the Service
We reserve the right at any time to modify or discontinue the Service (or any part or content of it), and will give reasonable notice where it is practicable to do so.
Subject to Section 16, we are not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Any new features, tools or services added to the store will also be subject to these Terms.
Section 5 — Prices, GST and currency
All prices displayed on this website are in Australian dollars (AUD) and include GST unless expressly stated otherwise. Prices do not include delivery charges, which are calculated at checkout.
Prices are subject to change without notice. A price change will not affect an order we have already accepted and been paid for.
Section 6 — Products and services
Certain products or services may be available exclusively online through the website. These may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your device’s display of any colour will be exactly accurate. This does not affect your rights under the Australian Consumer Law.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction, and to limit the quantities of any products or services we offer. All descriptions of products and product pricing are subject to change at any time at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Section 7 — Billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
If we change or cancel an order, we will notify you using the email address or phone number provided at the time the order was made. Where you have already paid for an order or part of an order that we cancel, we will refund that amount in full to your original payment method within a reasonable time and at no cost to you.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account information, including your email address and payment card details, so that we can complete your transactions and contact you as needed.
Section 8 — Shipping and delivery
Delivery timeframes shown on this website are estimates only. We will make reasonable efforts to dispatch orders promptly, but we are not able to guarantee a delivery date.
Risk in the goods passes to you on delivery. If your order arrives damaged, or does not arrive within a reasonable time, contact us and we will work with you to resolve it consistently with your rights under the Australian Consumer Law.
If you ask us to leave an order without a signature, or nominate an unattended delivery location, you accept the risk of loss or damage from the point of delivery to that location.
Section 9 — Returns, refunds and your consumer guarantees
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or services.
Our Refund Policy sets out how to make a claim and any additional change-of-mind rights we choose to offer. It applies in addition to, and does not limit, your rights under the Australian Consumer Law.
Section 10 — Optional tools
We may provide you with access to third-party tools which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without endorsement. Subject to Section 16, we have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.
Section 11 — Third-party links
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and subject to Section 16, we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services.
Please review third parties’ policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
Section 12 — User comments, feedback and other submissions
If you send us creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, “comments”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use them in any medium. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary right, and will not contain defamatory or otherwise unlawful, abusive or obscene material, or any virus or malware. You may not use a false email 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.
Section 13 — Personal information and privacy
Your submission of personal information through the store is governed by our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Section 14 — Prohibited uses
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any Commonwealth, State or Territory laws, regulations, rules or local ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of 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 malicious code; (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 Service or any related website.
We reserve the right to suspend or terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 15 — Intellectual property
15.1 Our content
All content on this website, including text, graphics, logos, images, product descriptions, photographs, video and software, is owned by or licensed to us and is protected by Australian and international copyright and trade mark laws.
You may view, download and print content from this website for your own personal, non-commercial use. You must not otherwise reproduce, adapt, publish, distribute or commercially exploit any content from this website without our prior written consent.
15.2 Harley-Davidson trade marks
The Harley-Davidson name, the Bar & Shield logo and related marks are trade marks of H-D U.S.A., LLC and are used by us under licence. Nothing on this website or in these Terms grants you any right or licence to use those marks.
15.3 Other brands and third-party trade marks
We retail products from a range of third-party brands and manufacturers. All third-party names, logos, trade marks and product imagery appearing on this website remain the property of their respective owners. They appear on this website solely to identify and describe the products we offer for sale.
Their appearance does not imply any affiliation with, endorsement by, or sponsorship from those owners, except where we expressly state that we are an authorised dealer or stockist of a particular brand.
Some product images and descriptions on this website are supplied to us by manufacturers, distributors or brand owners and remain their property. Nothing on this website or in these Terms grants you any right or licence to use any third-party name, logo, trade mark or imagery.
Section 16 — Consumer guarantees, disclaimers and limitation of liability
16.1 Your rights under the Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law, to the extent that it cannot lawfully be excluded, restricted or modified.
16.2 Limitation of liability where permitted
Where our liability may lawfully be limited, our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53 of the Australian Consumer Law) is limited, at our option, to: (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of replacing the goods or acquiring equivalent goods; or (d) paying the cost of having the goods repaired. In the case of services, our liability is limited to resupplying the services or paying the cost of having the services resupplied.
16.3 Availability of the website
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free, or that the results obtained from use of the Service will be accurate or reliable. Except as expressly stated by us and subject to clauses 16.1 and 16.2, the Service and all products and services delivered to you through the Service are provided “as is” and “as available”.
16.4 Other loss
Subject to clauses 16.1 and 16.2, and to the extent permitted by law, neither we nor our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors are liable for any indirect, incidental, special or consequential loss, including loss of profits, loss of revenue, loss of savings, loss of data or replacement costs, arising from your use of the Service or any product acquired through it, whether based in contract, tort (including negligence), statute or otherwise.
Nothing in this Section limits any liability that cannot lawfully be limited, including liability for fraud or for death or personal injury caused by our negligence.
Section 17 — Indemnity
You agree to indemnify, defend and hold harmless Dallas & Jess Pty Ltd and our related bodies corporate, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party, except to the extent that the claim or demand arises from our own negligence, breach of these Terms or breach of the law.
Section 18 — Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision is nonetheless enforceable to the fullest extent permitted by applicable law, and the unenforceable portion is severed from these Terms. Severance does not affect the validity and enforceability of the remaining provisions.
Section 19 — Termination
The obligations and liabilities of the parties incurred prior to the termination date survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If you materially breach any term or provision of these Terms, we may suspend or terminate this agreement and deny you access to our Services. We will give you notice of suspension or termination where it is reasonable to do so. You will remain liable for all amounts due up to and including the date of termination.
Section 20 — Entire agreement and waiver
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, and any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of these Terms.
Section 21 — Governing law and jurisdiction
These Terms, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.
Section 22 — Dispute resolution
If you have a concern or complaint, please contact us first at hello@bundymoto.com.au or on (07) 4152 1121. We will acknowledge your complaint and work with you in good faith to resolve it promptly.
If we cannot resolve the matter between us, you may contact the Queensland Office of Fair Trading or the relevant consumer protection agency in your state or territory. Nothing in this Section prevents either of us from seeking urgent relief from a court.
Section 23 — Changes to these Terms
You can review the most current version of these Terms at any time on this page.
We may update, change or replace any part of these Terms by posting updates to our website. Changes take effect when posted and apply to your use of the website from that time onwards. They do not apply retrospectively: the version of these Terms in force when you place an order governs that order. We will show the date these Terms were last updated at the top of this page.
Section 24 — Contact information
Questions about these Terms of Service can be sent to us at:
Dallas & Jess Pty Ltd (ABN 84 605 383 677)
trading as Bundaberg Harley-Davidson and Bundy Moto
41 Commercial Street, Kensington QLD 4670
Phone: (07) 4152 1121
Email: hello@bundymoto.com.au