|
1. Any
reference to Company/Seller/Bikin' Motion shall mean Cycle Southwest Ltd.
(registered office: Cycle Southwest Ltd, 50 Cowick St, St Thomas, EXETER,
Devon, EX4 1AP) trading as "Your Bike Store" who sell or supply bicycles
and bicycle equipment, clothing and accessories in the course of their trade
or business.
2. Company
Registration Number: Cycle Southwest Ltd 06520869.
3. Buyer/Purchaser
shall mean any person, sole trader, partnership, business, body corporate
or other entity detailed in the appropriate section of the sales invoice/order
form and shall include all successors, heirs and assigns. Where a person
deals entirely as a consumer, legal rights shall remain unaffected. Where
the term buyer appears within these terms it shall mean consumer buyer/purchaser
unless specified as relating to a trade buyer or consumer buyer individually.
4. Goods
or equipment shall mean the items detailed in the appropriate section of
the sales/order form and it shall be a core term of this agreement that all
ancillary items are additional to this agreement unless specifically detailed
within the sales invoice/order form.
5. Price
shall mean the consideration due for purchase and shall include VAT unless
otherwise stated. Purchasers should note that prices quoted may vary during
the currency of brochures (upwards or downwards) and current prices are quoted
at the time of order. In respect of orders placed via the Internet, these
shall not be accepted by us until confirmed.
6. The
term "Working day" shall mean any day excluding Saturdays, Sundays
and public holidays.
GENERAL
7. These
conditions shall apply to all of the company's quotations and contracts,
orders (including telephone orders) for the sale or supply of goods accepted
by the company. For the trade buyer, any other terms or representations,
whether implied by statute, made prior to, collateral with or subsequent
to the contract or order are hereby excluded and shall not be binding upon
the company. For the consumer purchaser, additional conditions shall only
be binding upon the company if confirmed in writing by the company.
8. The
company reserves the right to amend technical or clerical errors in any order
without notice. In addition, the buyer shall ensure that all details contained
within the order are correct and no liability for any error or inaccuracy
shall lie with the company.
GUARANTEES
9. All
guarantees for products are provided entirely by the manufacturers/UK importers
and are subject to terms contained therein. Purchasers are reminded to complete
all warranty cards/documents upon receipt of goods where appropriate.
LIMITATIONS
UPON LIABILITY
10 Advice
given by agents or servants of this company during telephone/Internet orders
is based entirely upon information given by the purchaser. Where advice is
given after visual inspection by agents or servants of this company, such
advice shall amount to an opinion only and the company shall not accept liability
for any inaccuracies. Additionally, goods supplied are supplied only to correspond
to the purpose for which goods of that kind are commonly supplied and not
alternative uses to which they may be put.
11. No
liability for failure can be accepted by this company for such alternative
use, amendment or modification.
12. Compatibility
of goods is not guaranteed where modifications or alterations have been made
and the company shall, in such circumstances, and at its discretion, issue
a refund or credit to the purchaser.
13. Where
goods purchased by the buyer are alleged to be defective, the purchaser agrees
to return such goods to the seller for inspection and report (without the
seller replacing the said goods prior to such inspection). The purchaser
further confirms that it shall be reasonable for the seller to inspect, repair
or replace (at its option) such defective goods and allow manufacturers to
undertake inspections so as to allow production methods to be modified. The
purchaser also accepts that it is reasonable to inform the seller of any
interruption, defect or other failure prior to contacting independent third
parties or incurring expense and, in addition, to allow the seller to remedy
the defect, failure or interruption. Parts modified or adapted by the purchaser
shall no longer be warranted by the manufacturer nor shall the company be
liable for any failures resulting subsequent to modification.
14. "Competition"
goods are supplied for specialist use and are subject to extreme wear and
stress whilst in use. Life expectancy and durability are greatly reduced
and purchasers should note that any claim for failure/wear shall be limited
to that of the manufactures guarantees. It is agreed that such use shall
be a relevant circumstance for the Sale of Goods Act 1979 (as amended).
In addition, parts connected to parts supplied by this company may be placed
under stress where specialist/competition parts are used, and purchasers
should take advice from experts prior to purchase. Manufacturers may also
limit guarantees when components are installed for competition use.
15. Where
modifications or alterations and poor maintenance to goods have been made
the company shall accept no liability for death or personal injury unless
caused directly by its own negligence.
16. No
liability is accepted by the company where purchasers attempt to modify or
install components supplied where it is known or ought reasonably to be known
that the part supplied is incorrectly supplied, defective or otherwise not
in accordance with the order.
17. The
company accepts no liability in respect of failure to supply or other interruptions
caused by matters beyond the reasonable control of the company, including
strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
18. Notwithstanding
any other provisions of this Agreement, nothing in this Agreement shall confer,
nor is it intended to confer, a benefit on any third party (for the purposes
of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
PAYMENT
TERMS
19. Quotations
are given on the assumption that no variation in the price will be made by
the manufacturer/sole importer and that Government levies remain unaltered.
In the event of such changes, orders placed before the variation will remain
the same price and no further increases will be passed to customer.
TITLE
AND DELIVERY
20. Title
to the product shall not pass to the buyer until the company has received
payment in full completing the contract. In the event that sums owing in
respect of other items ordered within contract remain due, apportionment
by this company shall take place without prejudice to the right to retain
title in respect of all goods ordered.
21. All
times given for despatch or delivery are approximate and time shall not be
of the essence. The buyer agrees to allow 30 days in any written notice making
time of the essence and further agrees to accept full liability in respect
of delayed or late delivery or dispatch. In any event, delivery times are
approximate and variable. When delivery is affected to the purchaser directly
or to an independent delivery contractor as agent for the purchaser, risk
shall pass to the buyer immediately.
22. The
buyer is required to notify the company, in writing, of any shortage, miss
delivery or other discrepancy immediately, or at the latest within five days
of such failure, thereafter the buyer shall be liable for any such discrepancy.
Where delivery is affected to the buyers own delivery contractor, loss or
damage in transit claims should be made directly to the carrier. The company
will assist purchasers in making their claim. Buyers should retain all packaging
in the event of a claim or return within the terms of this agreement.
CANCELLATION
OF ORDERS AND LIABILITY
23. A
consumer buyer shall have the right to cancel any contract for goods made
in accordance with these Terms and Conditions within 14 working days from
the day after delivery of the goods.
24. If the consumer buyer fails to return the goods within
14 days of the cancellation of the contract, the Company shall be entitled
to collect the goods from the consumer buyer and to recover any direct costs
involved in such collection from the consumer buyer.
25. The
Company shall affect a refund of any monies owing to the consumer in respect
of the goods within 30 days from the date of cancellation of the contract.
Such a refund will be subject to any set of monies to which the Company is
entitled.
26. Goods
delivered to the buyer may be returned to the Company preferably in original
packaging (packaging must be adequate for returning by post or courier) and
without being installed or used for credit within 14 days from the day after
delivery of the goods.
27. The
buyer confirms that he shall comply with any or all rules relating to installation
of the product concerned and fully accepts that any loss which results from
forced, misdirected, inappropriate or unqualified installation shall not
be accepted by the company.
JURISDICTION
28. This
agreement shall be interpreted in accordance with English Law and industry
custom and practice, and English courts shall have sole jurisdiction in respect
of any dispute arising there from. In respect of Internet sales, jurisdiction
or the agreement shall be with English Law and it shall be deemed that any
agreement is made in Exeter, Devon irrespective of any rule of contract dictating
otherwise.
PRIVACY
POLICY
29. Bikin'
Motion values your privacy, and therefore do not disclose information
to third parties. Cookies are used on this shopping site only to keep track
of the contents of your shopping cart once you have selected an item, and
to store delivery addresses when you register. There is an option to store
a cookie on the PC when you first register.
30. When
you pay for goods your details are passed through our own Payment system
or the Paypal system purely for payment processing and anti-fraud purposes.
31. Bikin' Motion is committed
to protecting your privacy. We will only use the information that we collect
about you lawfully in accordance with the Data Protection Act 1998 . Bikin' Motion will
collect any information given at the time of the ordering process only to
enable your order to be processed.
32. Bikin' Motion will not e-mail
you in the future unless you have given us your consent. If you wish to be
deleted from our mailing list at any time please follow the unsubscribe link
at the bottom of the email.
33. If
you wish to contact Bikin' Motion regarding
the privacy policy please visit the contact page and submit a contact request.
Accuracy
34. Bikin' Motion website has
been prepared solely on the information supplied by the contributors and
manufacturers and its accuracy cannot be guaranteed. Bikin' Motion cannot accept
liability for inaccuracies, errors or omissions in such information howsoever
arising. Prices are correct at the time of submission to the site, excluding
genuine mistakes.
35. All specifications
are advised by the manufacturer and are subject to change by the manufacturer
at any time.
Shipping
36. Bikin' Motion knows
that when you place an order you want your goods delivered quickly and
in perfect condition. That's why we only use the best couriers and postal
services available to deliver your goods.
37. You will have a signature service
for your delivery – this is for your protection. You should have someone
at the address you have specified for delivery, to sign for receipt of
your order.
38. Bikin' Motion cannot
provide couriers with special delivery instructions such as "If I
am out please leave behind shed".
39. Bikin' Motion doesn't
charge delivery more than once. If your order contains multiple items,
some of which may not be in stock, they will be dispatched immediately
with any out-of-stock being dispatched as they come into stock. You will
only be charged delivery once.
40. Bikin' Motion charges
the following Shipping Rates (*no Free postage will be given on items purchased
under the "Make an Offer" scheme:
a. Bike
postage standard service value under £500 – £7.00
b. Bike
postage standard service value over £500 – Free*
c. Bike
postage priority service all bikes – £15.00
d. Accessories
& Clothing over £100 – Free*
e. Accessories & Clothing
under £100 – £7-00
|
