Informal Terms of Service – Go-Go Bikes
Below is a plain-language guide to how our service works. Please note: this summary is for convenience only. The full terms are legally binding; and can be found at the bottom of this page.
How Our Bike Hire & Exchange Service Works
- Choose your ride: Pick a bike for your child, matched to their size.
- Pay monthly: You hire the bike from us on a long-term monthly plan.
- Swap as they grow: When your child outgrows their bike, you can exchange it for the next size up. An exchange fee applies to cover collection, delivery and administration; currently R100.
- Changing bikes: Moving up in size usually increases your monthly fee, since larger bikes cost more. We’ll always confirm the new price before you agree to the exchange.
- Cancelling: You can end your plan anytime by submitting a cancellation request via the website. You will pay for the full month in which you cancel and a reasonable cancellation fee applies to cover collection and administration costs; currently R100.
- Care & maintenance: You are responsible for basic upkeep of the bike while it’s with you. Store the bike in a safe, dry location and use the kickstand (if provided) to avoid dropping the bike on its side.
- Wear & tear: Normal use is expected, so please do enjoy riding the bike. If the bike is, however, returned with excessive damage beyond that which is considered normal wear and tear, we may charge a reasonable repair or parts-replacement fee.
- Quality of our bikes: All of our bikes are quality checked and refurbed by trained mechanics in between exchanges, to ensure they are in safe, rideable condition. If we feel that a bike is no longer suitable to be a part of our fleet, we donate it to charity!
- Theft or loss: In the event of theft or loss, you will pay the lesser of a) a ‘Total Loss Fee’, or, b) the retail price of the Equipment minus the total monthly payments already paid for the bike. As soon as we receive this payment, we will send you a replacement bike.
We want families to enjoy cycling with us, so we’ll always do our best to keep you happy and on the road.
The Legal Agreement
When you sign up with Go-Go Bikes, you enter into a contract with us. These are the key terms of that agreement:
Go-Go Bikes will provide:
- A child’s bike that fits the rider, as chosen from our range.
- A bike that matches its description on our website.
- A bike that has been serviced and maintained to a safe, usable condition.
- Exchanges when your child outgrows their bike (subject to a reasonable exchange fee).
You, the customer, agree to:
- Pay the agreed monthly hire fee by recurring card payment.
- Keep the bike stored securely in a dry, safe place.
- Always secure the bike properly whenever you’re away from home, ensuring it is locked up if unattended.
- Take reasonable care of the bike during the hire period.
- Return the bike complete with all parts (frame, wheels, tyres, fork, handlebars, drivetrain, pedals, saddle, seat post, and any other components listed on the website).
- Pay the set cancellation fee if you decide to cancel your subscription with us.
Damage & Responsibility
- You are liable for damage outside of normal wear and tear (for example: rust from poor storage, broken frames, buckled wheels, major drivetrain damage, or missing parts).
- In such cases, Go-Go Bikes will contact you to agree on a fair cost of repair or replacement.
- In the event of theft, you are liable for the bike’s excess insurance cost. When we have received this payment from you, we will send you a replacement bike.
Fraud & Misuse
- If we detect fraudulent behaviour (e.g., selling a bike you do not own, giving false information, or failing to make payments), we may cancel your membership, recover our bikes, and, if necessary, involve debt collectors or authorities.
- If a bike is fraudulently sold, you may be charged for the full replacement cost.
If you ever have questions, please reach out to us at kelly@gogobikes.co.za
For the complete and detailed Terms & Conditions, please see here.
EQUIPMENT HIRE AGREEMENT
By subscribing to or using any services (including bicycle and related accessories hire) provided by Go-Go Bikes (Pty) Ltd (“the Owner”, “Go-Go Bikes”, “we”, “us”, “our”), you (“the Hirer”) agree to be bound by these terms and conditions. You, the Hirer will enter into a binding legal agreement with Go-Go Bikes, a registered South African company with its principal place of business at 12 Ethel Road Claremont, 7708, Cape Town.
We reserve the right to amend these terms and conditions at any time. In the event of any such amendments, notice will be provided to you in writing via email to the address on record. Unless otherwise stated, amendments shall take effect 30 (thirty) days from the date of such notice. It is your responsibility to ensure that your contact details are current and that you review any amendments communicated to you. The amended Terms and Conditions will also be published on Go-Go Bikes’ website.
1. DEFINITIONS
For the purposes of this Agreement:
- “Equipment” means any bicycle or related accessory supplied by the Owner under this Agreement;
- “Fair Wear and Tear” means natural deterioration resulting from normal, proper use of the Equipment, but excludes damage caused by misuse, neglect, accident, theft, vandalism or failure to follow care instructions;
- “First Payment Date” means the date on which your subscription for our Equipment hire commences, being the date of the Hirer’s first payment;
- “Hire Charges” means the monthly instalments payable by the Hirer to the Owner for the hire and use of the Equipment; and
- “Total Loss” means any loss, theft, or damage to the Equipment that renders it either irreparable or uneconomical to repair, as reasonably determined by the Owner.
2. GRANT OF HIRE
2.1 The Owner hereby lets, and the Hirer hires, the Equipment subject to the terms and conditions of this Agreement.
2.2 Ownership of the Equipment shall remain vested in the Owner at all times. Nothing in this Agreement shall be construed as transferring or granting any ownership rights to the Hirer.
3. TERM
This Agreement commences on the First Payment Date and continues indefinitely unless terminated in accordance with Clause 14.
4. FEES AND PAYMENT
4.1 The Hire Charges, together with any additional fees and related costs (“Service Fees”), are stipulated on the Go-Go Bikes’ website.
4.2 The Hirer shall pay the Hire Charges monthly in advance by recurring card payment. The Hirer’s first payment will be made on the First Payment Date, and subsequent monthly payments will be automatically charged on the same day of each following month thereafter.
4.3. The Owner may adjust Hire Charges and Service Fees at any time by giving the Hirer at least thirty (30) days’ written notice.
4.4 Unless expressly stated otherwise, all Hire Charges are exclusive of Service Fees, and such additional fees shall be communicated to the Hirer in advance.
4.5 Service Fees are intended to cover the Owner’s costs relating to delivery, collection, administration, logistics, and related services, and will be charged:
4.5.1 at the commencement of this Agreement;
4.5.2 upon any exchange of Equipment; and
4.5.3 upon termination of this Agreement.
4.6 If a recurring card payment is declined or otherwise fails for any reason, the Owner may, in its sole discretion, attempt to reprocess the payment within a reasonable period. If payment remains unsuccessful, the Owner will notify the Hirer of the failed payments and may allow a grace period of 5 days to settle the outstanding amount and update payment details, if applicable. In the event that the payment remains unpaid after a grace period, the Owner reserves the right to:
4.6.1. repossess the Equipment until payment is received;
4.6.2. charge a reasonable administrative fee; and/or
4.6.3 terminate this Agreement in accordance with Clause 14.
5. DELIVERY AND SHIPPING
5.1 Delivery Areas: Go-Go Bikes delivers to the wider Cape Town region and the Cape Winelands. Delivery to remote or outlying areas may take longer or may not be possible. Where delivery is not reasonably possible, the Owner reserves the right to cancel the order and issue a refund to the Hirer.
5.2 Delivery Timeframes: Delivery will generally occur within 5 to 7 working days after checkout. Deliveries to outlying or less accessible areas may take longer. Each bicycle is assembled, safety-checked, and inspected by a qualified mechanic before dispatch, which may extend delivery times compared to general retailers.
5.3 Urgent Deliveries: Where the Hirer requires delivery by a specific date (e.g., a birthday), an expedited delivery may be requested. Expedited delivery is not guaranteed and depends on stock, workshop capacity, and courier availability.
5.4 Delivery Communication: The Hirer will receive delivery updates via SMS, WhatsApp, or email from the Owner or the appointed courier company, using the contact details provided at checkout.
5.5 Delivery Requirements:
(a) An adult must be present to receive and sign for the Equipment upon delivery.
(b) If no adult is available to accept delivery, the delivery attempt will be recorded as unsuccessful, and the Hirer may be liable for re-delivery costs.
(c) Delivery will only be made to the residential address provided by the Hirer at checkout. Deliveries to any other address will not be accepted.
(d) The Owner reserves the right to decline, postpone or rearrange delivery, and charge a Service Fee, if the delivery conditions appear unusual or unsafe for delivery.
5.6 Changes to Delivery Details: Requests to amend delivery dates or addresses must be made promptly and prior to dispatch. Once the Equipment has been dispatched, changes to delivery details cannot be guaranteed due to courier limitations.
6. USE AND CARE OF THE EQUIPMENT
6.1 The Hirer shall:
(a) use the Equipment only for its intended and lawful purpose;
(b) store the Equipment securely in a dry and safe location when not in use;
(c) keep the Equipment in good condition, subject to Fair Wear and Tear; and
(d) not alter, modify, disassemble or dispose of the Equipment without the Owner’s prior written consent.
6.2 The Hirer shall be responsible for the routine maintenance of the Equipment while in their possession.
7.EXCHANGES, FAULTY OR NON-CONFORMING EQUIPMENT
7.1 Exchange of Equipment
(a) The Hirer may request an exchange (e.g., for a larger bike) by submitting an exchange request on the Owner’s website, and paying the applicable exchange fees.
(b) On payment of the applicable exchange fees, the Hirer accepts the adjusted Hire Charges for the replacement Equipment.
(c) The Owner shall arrange simultaneous collection of the current Equipment and delivery of the replacement Equipment.
(d) The returned Equipment will be inspected by the Owner and the Hirer will be liable for any damages beyond Fair Wear and Tear, as well as for any missing components.
(e) If the Equipment is found to have been seriously neglected, or materially damaged, the Owner may repossess the newly delivered Equipment and terminate this Agreement with immediate effect.
7.2 Faulty or Non-Conforming Equipment
(a) If Equipment is defective, unfit for its intended purpose, or does not match its description, the Hirer is entitled to remedies prescribed under the Consumer Protection Act 68 of 2008 (“CPA”).
(b) The Hirer must notify the Owner in writing within ten (10) business days of delivery, specifying the nature of the defect or non-conformance.
(c) Upon notification, the Owner may, at its discretion:
(i) provide troubleshooting assistance remotely;
(ii) authorise repair by an approved service provider; or
(iii) arrange return and replacement of the Equipment at no cost to the Hirer.
8. WARRANTIES
Except as expressly stated in this Agreement, the Owner makes no warranties, whether express or implied.
9. RISK, LOSS, AND DAMAGE
9.1 Risk of loss, theft, or damage to the Equipment passes to the Hirer upon delivery. The Hirer assumes responsibility for the Equipment until it is returned and accepted by the Owner.
9.2 The Hirer is liable for repair costs where damage exceeds Fair Wear and Tear, as reasonably determined by the Owner.
9.3 In the event of a Total Loss, the Hirer will be responsible for paying the lesser of (a) the Total Loss Fee specified on the Go-Go Bikes website, or (b) the retail price of the Equipment minus the total Hire Charges already paid toward that Equipment.
10. INDEMNITY
10.1 The Hirer indemnifies and holds the Owner harmless against all claims, losses, damages, liabilities and expenses (including legal costs) arising out of or in connection with the possession, use, or misuse of the Equipment whether by the Hirer or any third party.
10.2 The Owner does not supply any protective apparel, including but not limited to helmets, knee guards, or elbow guards, unless expressly stated.
10.3 The Hirer is solely responsible for ensuring that every rider of the Equipment wears an appropriately sized and age-appropriate protective helmet at all times while using the Equipment.
11. DEFAULT
Default occurs if the Hirer:
(a) fails to pay any Hire Charges or other amounts due under this Agreement on the due date;
(b) breaches any material obligation under this Agreement and fails to remedy such breach within seven (7) days of receiving written notice from the Owner;
(c) becomes insolvent;
(d) commits fraud or any unlawful acts in connection with this Agreement; or
(e) attempts to sell, lease, sub-lease or otherwise encumber the Equipment without the owner’s prior written consent.
12. REMEDIES
Upon the occurrence of a default, the Owner shall be entitled, without prejudice to any other rights or remedies available at law, to:
(a) terminate this Agreement with immediate effect by written notice to the Hirer;
(b) recover possession of the Equipment;
(c) claim any outstanding Hiring Charges, Service Fees and any other amounts due under this Agreement, together with any losses incurred as a result of default;
(d) charge reasonable administrative fees;
(e) pursue any other legal remedies available under South African law including but not limited to instituting legal proceedings for recovery of amounts owed or damages sustained.
13. FRAUD
13.1 Any fraudulent activity by the Hirer, including but not limited to misrepresentation, or any attempt to sell, lease, or otherwise dispose of the Equipment, shall constitute a material breach of this Agreement.
13.2 In such cases, the Owner shall be entitled to:
13.2.1 recover the full replacement value of the Equipment;
13.2.2 terminate this Agreement with immediate effect; and
13.2.3 pursue criminal charges and/or institute civil proceedings against the Hirer.
14. TERMINATION
14.1 The Hirer may terminate the Agreement at any time by submitting a cancellation request via the Owner’s website and paying the applicable cancellation and delivery fee. Upon cancellation:
14.1.1 the Hirer will remain liable for the full Hire Charge for the month in which the cancellation request is submitted.
14.1.2 the Owner shall arrange for collection of the Equipment.
14.1.3. the Owner shall inspect the Equipment upon its return. If the Equipment is returned in acceptable condition, subject to Fair Wear and Tear, no further fees shall apply.
14.1.4. the Owner may recover reasonable repair or replacement costs from the Hirer prior to ceasing further payment obligations if the Equipment is returned in a condition beyond Fair Wear and Tear.
14.2 The Owner may terminate this Agreement immediately by written notice in the event of default and/or fraudulent activity.
14.3. The Owner may terminate this Agreement for any other reason by giving the Hirer at least 14 (fourteen) days’ written notice, provided that any Hire Charges already paid beyond termination date shall be refunded, and collection of the Equipment will be arranged at no additional cost to the Hirer.
14.4 Termination (whether by the Hirer or the Owner) shall only be final once the Equipment is collected, inspected, and deemed acceptable by the Owner.
15. LIMITATION OF LIABILITY
15.1 To the extent permitted by law, the Owner shall not be liable for any loss, injury, damage, or death arising from or in connection with the use of the Equipment, including any indirect, incidental, or consequential damages, whether in contract, delict, or otherwise.
15.2 The Equipment is used entirely at the Hirer’s and rider’s own risk. It is the responsibility of the Hirer to ensure that all riders are physically capable of using the Equipment safely and in accordance with applicable traffic and safety laws.
15.3 The Owner will not be liable for death or personal injury caused by gross negligence or intentional misconduct. Notwithstanding the above, the Owner’s liability is only excluded or limited to the extent permissible in terms of the CPA.
16. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the Republic of South Africa, and the Owner and Hirer submit to the exclusive jurisdiction of its courts.
17. GENERAL
17.1 If any term or provision of these terms and conditions is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
17.2 This is the whole agreement between the Owner and Hirer and supersedes prior agreement, oral or written.
17.3 Go-Go Bikes will be entitled to cede, assign, and/or delegate all or any of their rights and obligations in terms of this Agreement.
17.4 Should the Owner be prevented from fulfilling any of their obligations to the Hirer as a result of any event of force majeure (where the Owner is hindered or prevented from carrying out their obligations by any cause outside their reasonable control, including, but not limited to lightning, fire, flood, extremely severe weather, pandemic, strike, lock-out, labour dispute, act of God, war (whether declared or not), riot, civil commotion, military operations, explosion, malicious damage, failure of any telecommunications, power grids or computer systems, compliance with any law or requirement of any government or other competent local authority, accident (or by any damage caused by any of such events)), the Owner shall not be liable for any breach of their obligations, and such obligations shall be suspended until such force majeure event has passed, or until the Owner has given the Hirer 10 (ten) days’ written notice of the termination of such obligations.
17.5 Digital acceptance of this Agreement at checkout constitutes full and binding legal acceptance by the Hirer.
17.6 This Agreement is binding upon the Parties and their lawful successors.
17.7 The Hirer acknowledges that this Agreement constitutes a lease of the Equipment only and does not confer any right, title or ownership in the Equipment.
17.8. Any failure or delay by the Owner to enforce any right under this Agreement shall not constitute a waiver of that right.
Hirer’s Confirmation: By proceeding with checkout, the Hirer confirms that they have read, understood, and agreed to be legally bound by the terms and conditions of this Agreement.
