These terms and conditions
apply to all transactions on the Bikestyle website
and are set out below. Please read through these
carefully before placing your order with us and
then print a copy for future reference.
Definitions:
"Force Majeure"
means any cause affecting the performance by Bikestyle
of its obligations arising from acts, events, omissions,
happenings or non-happenings beyond its reasonable
control including (but not limited to) governmental
regulations, fire, flood or any disaster or industrial
dispute affecting a third party.
"Working days" means
Monday to Friday, excluding Bank or other Public
holidays.
1. Terms and Conditions
- All contracts of sale made
by Bikestyle shall be deemed to incorporate these
terms and conditions, which shall prevail over
any other terms from the party ("the Customer")
with whom Bikestyle is dealing.
- Bikestyle may change these
terms from time to time without notice to you.
Changes will apply to any subsequent orders received.
2. Prices
Goods and services, together
with VAT, are invoiced at the price prevailing at
time of order. Bikestyle reserves the right to modify
the prices from time to time without prior notice.
3. Delivery
- Delivery can only be made
to mainland UK and Northern Ireland addresses.
We cannot deliver to the Channel Islands, Isle
of Man, Orkneys, Shetland and Scottish Islands
or the Republic of Ireland, nor to any other address
outside the British Isles.
-
Any time or date stated for delivery is an estimate
only. Bikestyle makes every effort to despatch
goods on time but does not accept liability for
failure to deliver within the stated time.
- Bikestyle does not accept
liability for shortages or damage to deliveries
unless the Customer notifies us in writing within
three working days of receipt.
-
The Customer has to accept the goods when they
are ready for delivery; delivery is deemed to
take place when the goods are delivered to the
Customer's nominated address, whereupon the risks
of loss, breakage and all damage shall pass to
the Customer.
- Title
in the goods does not pass to the Customer until
payment is received in full by Bikestyle.
- If the Customer cannot
accept delivery, Bikestyle may at its option (a)
store and insure the goods at the Customer's expense
and risk or (b) sell the goods at the best price
reasonably obtainable and (after deducting reasonable
storage insurance and selling costs) pay to the
Customer any excess over the sale price or charge
the Customer for any shortfall.
4. Payment
- Payment is due at the time
of order.
- Bikestyle shall charge
customers on late payments at 2% over Barclays
Bank plc Base Rate from time to time in force.
5. Product specifications
- Bikestyle makes every effort
to supply the goods as advertised but reserves
the right to vary actual dimensions, specifications
and quantities without prior notice.
- Goods
are subject to availability. In the event that
Bikestyle cannot supply the goods ordered by the
Customer, Bikestyle reserves the right to supply
equivalent goods of equal or superior quality
at no extra cost. In the event that Bikestyle
is unable to supply the goods, Bikestyle will
inform the Customer of this as soon as possible.
A full refund will be given when you have already
paid for the goods.
- All product pictures are
for illustration purposes only and do not form
part of the contract.
6. Trade names and Trade Marks
Trade names and marks (other
than Bikestyle's) are not restricted to indications
of manufacturers but may also be indicative of general
use systems and machines associated with such products.
7. Returns
- Under the Distance Selling
Regulations if the Customer is acting as a consumer,
it has a right to cancel its order for any item
purchased on this website, for a full refund.
This does not apply to items personalised or made
to the Customer's specification; audio/video recordings
or software that the Customer has unsealed; perishable
goods and periodicals/magazines.
- To cancel the Customer
can email or write to Bikestyle (see website for
contact details) within seven days of delivery
of your items, quoting the order number. The Customer
must take reasonable care of the items and must
not use them. Items may be returned to a Bikestyle
dealer or the Customer can arrange for delivery
to Bikestyle.
- If Bikestyle is promptly
notified by the Customer pursuant to clause 7.2,
Bikestyle shall repay any purchase price paid
by the Customer for returned goods within 30 days
of Bikestyle's receipt of the goods
- The Distance Selling Regulations
do not apply to financial and insurance services.
8. Bikestyle's warranties
- All
goods supplied by Bikestyle are warranted to be
free from defects in workmanship and materials.
No goods are tested or sold as being fit for any
purpose or use under specific conditions unless
expressly agreed in writing.
- Any
claim under this warranty must be in writing and
received by Bikestyle within thirty days from
delivery. The Customer shall allow Bikestyle to
investigate the complaint and inspect the goods;
if the Customer's complaint is proven, Bikestyle
will then repair or replace the goods or refund
the purchase price at its sole option.
- If
the goods were collected from a Bikestyle dealer
by the Customer then Bikestyle may, at its sole
discretion, request the Customer to return goods
to the dealer from which they were collected where
the Customer makes a warranty clause pursuant
to this clause 8.
- The warranty contained
in clause 8.1 cannot be assigned or transferred
by the Customer.
- For the avoidance of doubt,
this warranty shall not apply to defects resulting
from neglect, abuse, alteration, misuse and improper
installation or unsuitable use (including inappropriate
use in racing conditions) of the goods.
9. Bikestyle's liability
- Bikestyle shall not under
any circumstances be liable for any consequential
or indirect damages or losses however caused.
- Bikestyle's liability in
respect of breach of the terms of any order shall
be limited to the invoiced value of such order.
- Nothing in this agreement
shall limit Bikestyle's liability for death or
personal injury caused by its negligence.
10. Health and Safety
In accordance with the Health
and Safety at Work etc Act 1974 and the Consumer
Protection Act 1987, Bikestyle confirms that the
goods it supplies as a distributor do not present
a hazard to health and safety when properly used
for the purpose for which they are designed and
when the Customer takes reasonable and normal precautions
in their use.
11. Special Rules for Clearance
Bargains
- Goods sold as 'Clearance
Bargains' may be downgraded goods that Bikestyle
is able to offer at a discount on the normal catalogue
price. Stocks of goods offered as Clearance Bargains
are limited and such goods are sold subject to
the following special rules. These special rules
apply in addition to, and in the event of any
conflict override, the other terms and conditions
contained therein.
- Clearance Bargains are
graded according to the condition of the goods
which is described at the point of sale. The length
of the guarantee (if any) with the benefit of
which the goods are sold is specified in the description
of the relevant grade.
- Bikestyle makes every effort
to ensure that Clearance Bargains are sold on
a 'first come, first served basis'. However, the
customer accepts that the goods may for some reason
become unavailable at any time prior to delivery
in which case Bikestyle reserves the right to
rescind the contract. In the event of the cancellation
of the sale in these circumstances, Bikestyle's
liability is limited to the return of the purchase
price paid by the customer.
12. General
- These terms and conditions
in no way affect your statutory rights.
- If any provision in this
Agreement is held to be invalid or unenforceable,
it shall be deemed severed from the Agreement
and this shall not affect the validity or enforceability
of the remaining provisions.
- Any waiver of a breach
of this Agreement must be in writing.
- Any variation of this Agreement
must be in writing to be valid.
- The headings are for convenience
only and shall not affect the interpretation of
this Agreement.
- Any notices given under
this Agreement shall be in writing and sent (a)
by first class pre-paid post to the last known
address of the party or (b) by fax to their last
known fax number. The notice shall be deemed served
(a) two working days after posting or (b) upon
receipt of a successful transmission report.
- This Agreement shall be
governed by and construed in accordance with the
laws of England and the parties submit to the
exclusive jurisdiction of the English courts.
- Bikestyle may at its discretion
record telephone transactions for staff training
purposes. The tapes are erased after review.