TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions ("Terms") on which we supply any of the Goods ("Goods") listed on our website www.bikelab.co.uk ("Website") to you. Please read these Terms carefully before ordering any Goods from our Website. You should understand that by ordering any of our Goods, you agree to be bound by these Terms.
Where you are a consumer (as defined by the Unfair Contracts Terms Act 1977 Section 12), nothing in these Terms affects your statutory rights.
INFORMATION ABOUT US
1. We Bikelab Online Limited ("we") are registered in England and Wales under company number 07288207 and with our registered office at 4 – 7 Twickenham Road, Richmond, TW9 2SE.
BASIS OF SALE
2. When you place an order for our Goods (the "Order"), you will receive a confirmation e-mail ("Order Confirmation") from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy Goods. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
3. The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your Order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
YOUR STATUS
4. By placing an Order through our Website, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 16 years old.
OUR STATUS
5. We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Goods you purchase from third party sellers through our Website, or from companies to whose website we have provided a link to on our Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
THE GOODS
6. The quantity, description and total price of the Goods shall be as set out in our Order Confirmation.
7. Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained on our Website, in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the Contract between you and us.
8. We reserve the right to make changes to the specification of the Goods without further notice to you.
9. We shall not be liable for any defect(s) in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we or the manufacturer do not recommend, your failure to follow our or the manufacturer's instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice, or any alteration or repair you carry out without our prior written approval.
10. Where the Goods which are subject to the Contract are offered with a manufacturer's guarantee, the guarantee shall take effect at the time the Goods are delivered to you. Save for any guarantee provided by us, Your sole right to enforce the terms of guarantee shall be against the guarantor as specified in the relevant guarantee.
11. We will take reasonable steps to pack the Goods properly and to ensure that you receive your Order in good condition. However, subject to conditions 25 and 27, if any of the Goods do not conform with the Order, we shall at our option repair or replace such Goods (or the defective part) or refund the price of such Goods provided that, at our request and expense, you return the Goods or the part of such Goods which is defective to us.
12. These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
AVAILABLITY AND DELIVERY
13. Your Order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time. Occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
RISK AND TITLE
14. The Goods will be at your responsibility from the time of delivery.
15. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
PRICE AND PAYMENT
16. The price of any Goods will be as quoted on our Website from time to time, except in cases of obvious error.
17. These prices include VAT but exclude packaging and delivery costs, which will be added to the total amount due as notified to you before you complete the transaction to pay for the Goods.
18. If you order Goods from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
19. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
20. It is always possible that, despite our best efforts, some of the Goods listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
21. We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
22. Payment for all Goods bought on our Website must be made by credit or debit card. We will not charge your credit or debit card until we despatch your Order.
CANCELLATION
23. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our returns policy (set out in condition 25 below).
24. To cancel a Contract, you must inform us in writing. You must also return the Goods, any parts and where applicable any user manuals to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
RETURNS POLICY
25. When you return Goods to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see condition 23 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us; OR
(b) for any other reason (for instance, because you claim that the Goods are defective), we will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.
26. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
OUR LIABILITY
27. Except where you are dealing as a consumer all warranties, conditions or terms (whether implied or made expressly) whether by us or our servants or agents or otherwise relating to satisfactory quality, fitness for purpose or condition of the Goods and whether implied by statute or common law are excluded.
28. Subject to condition 29, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
29. We shall not be responsible for losses that result from our failure to comply with these Terms, including, but not limited to:
(c) loss of income or revenue;
(d) loss of business;
(e) loss of profits or contracts;
(f) loss of anticipated savings;
(g) loss of data; or
(h) any waste of time.
In each case, whether direct, indirect or consequential (howsoever caused) which arise out or in connection with this Contract.
30. This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
31. Subject to conditions 28 and 29, our total liability for losses you suffer in connection with the performance or contemplated performance of the Contract is strictly limited to the purchase price of the Goods you purchased.
TRANSFER OF RIGHTS AND OBLIGATIONS
32. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
33. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
34. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
35. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) The acts, decrees, legislation, regulations or restrictions of any government.
36. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
QUERIES
37. If you have any queries regarding these Terms, the Contract, status of an Order and/or Goods please contact us on 0208 948 6166 (9.00am to 5.30pm Monday to Saturday) or email web@bikelab.co.uk.
38. We have a spam filter on our incoming e-mail. Please mark your e-mail obviously in the subject title. If we get an e-mail showing a file attachment (which could just be a digital signature) from an unknown sender without an obvious subject title it will usually be deleted for fear of virus. If you do not get a response to an e-mail, please call the number set out above.
GENERAL
39. These Terms and any document expressly referred to in them constitute the whole agreement between us.
40. We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty of any person (whether a party to that Contract or not) other than as expressly set out in these Terms.
41. All notices given by you to us must be given to Bikelab Online Limited at 4 – 7 Twickenham Road, Richmond, TW9 2SE or web@bikelab.co.uk. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
42. These Terms and the Contract of which they form part shall be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation shall be subject to the exclusive jurisdiction of the English courts.