Terms and conditions
General
1. www.bikearthire.cc is a site operated by Bike Art ("BikeArt" or "us"). BikeArt is registered in England and Wales under VAT number 793060033 and its registered office is at Bike Art ltd, Friends House, Church Road,NR16 2NB. Bikearthire.cc trading name is BikeArt , and we sell and hire bicycles and bicycle equipment, clothing and accessories in the course of our trade and business. bikearthire.cc can be contacted; in writing at BikeArt, High Lodge Visitor Centre, Brandon, Suffolk, IP27 0AF, by telephone on 01842 810090 or by e-mail at bikearthire@gmail.com.
2. The buyer ("you") 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, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.
3. The "Goods" shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.
4. The "Price" shall mean the amount payable to BikeArt for the Goods plus VAT (at the rate applicable from time to time), and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary (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 in writing by us to you.
5. These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Goods by BikeArt. In respect of any sales of Goods to trade buyers, 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 us. In respect of consumer buyers, additional conditions shall only be binding upon us if confirmed in writing by us to you.
6. We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.
The Contract
7. After placing an order, you will receive an email from us acknowledging that we have received your order for the Goods, and the delivery services you have requested from the delivery service provider. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to BikeArt to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Goods have been dispatched by the delivery service provider (the "Dispatch Confirmation"). The contract between you and BikeArt will only be formed when we send you the Dispatch Confirmation.
8. The contract will relate only to those Goods whose dispatch (by the delivery service provider) 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.
Consumer Rights
9. You may cancel your contract with us for all Goods, except for gift cards and e-gift vouchers, at any time up to the end of the 90th day from the date you receive the ordered Goods. Orders for gift cards and e-gift vouchers may be cancelled at any time up to the end of the 7th day from the date you receive the gift card or e-gift voucher. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
10. To cancel your contract you must notify us in writing at our BikeArt store; BikeArt, High Lodge Visitor Centre, Brandon, Suffolk, IP27 0AF or by e-mail bikearthire@gmail.com When cancelling in writing please provide the following wording and details about your order:
I hereby give notice that I cancel my contract of sale of the following goods [details of goods], ordered on [date] and received on [date].
[Order number]
[Name of customer] [Signature if possible]
[Address of customer]
[Date]
11. If you have received the Goods before you cancel your contract then you must send the Goods back to us at your own cost and risk. If you cancel your contract but we have already processed the Goods for delivery, you must not unpack the Goods when they are received by you and you must send the Goods back to us at your own cost and risk as soon as possible.
12. Once you have notified us that you are cancelling your contract, any sum debited to BikeArt (in respect of goods provided by us and delivery services provided by the delivery service provider) from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the Goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the Goods delivered to you by the delivery service provider or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you.
13. Similarly, any amounts debited from your debit or credit card in respect of delivery charges payable to the third party delivery contractors shall be re-credited to your account as soon as possible by the relevant delivery contractor or by us on their behalf.
14. 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.
15. For all complaints please contact BikeArt using the contact details found on our website.
Cancellation by BikeArt Hadleigh
16. We reserve the right to cancel the contract between us if:
• We have insufficient stock to deliver the Goods you have ordered
• The delivery service provider does not deliver to your area
• One or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
• We have reason to suspect that there is a risk of a fraudulent transaction.
If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Guarantees
17. All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.
Title
18. Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. In the event that sums owing in respect of other Goods ordered within a single order remain due, we shall apportion the sums owing for such Goods without prejudice to our right to retain title in respect of all Goods ordered.
Delivery
19. For orders placed by customers resident in the UK you have the option of either store collection (“Click & Collect”) or delivery to a UK address. Click & Collect is free and available at our Hadleigh Store. Please refer to the 'Delivery' page on our website (http://www.bikearthire.cc/delivery.aspx) for details on delivery.
We do not ship internationally at this time. UK shipping only.
20. Once Goods have been delivered to you or your agent, they will be held at your own risk and we will not be liable for their loss or destruction.
21. You must notify us in writing of any shortage or mis-delivery in any Goods ordered immediately, or at the latest within five working days of such shortage or mis-delivery, thereafter you shall be liable for any such shortage or mis-delivery. Where we have arranged delivery on your behalf with a third party delivery service provider, any claims for loss or damage in transit should be made directly to the delivery service provider. We will assist you in making any such claim, or alternatively we can deal with such claim on your behalf, at your reasonable cost. You should retain all packaging in the event of a claim or return within the terms of these terms and conditions.
Liability
23. If the Goods we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us in writing at our BikeArt Store (as set out above) of the problem within ten working days of the delivery of the Goods in question.
24. If any Goods are alleged to be damaged or defective, you must return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection). You further confirm that it shall be reasonable for us to inspect, repair or replace (at our option) such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the defect, failure or interruption.
25. If you notify a problem to us under clause 24, our only obligation will be, at our option:
• to replace or repair any Goods that are damaged or defective; or
• to refund to you the amount paid by you for the Goods in question in whatever way we choose.
26. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these terms and conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under clause 26 above.
27. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
28. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
INSTALLATION AND USE OF GOODS
29. Any advice given by our agents or servants during telephone/Internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.
30. You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
31. Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.
PAYMENT TERMS
33. Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services
34. 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, the Price of any orders placed before the variation will remain the same and no further increases will be passed to you.
EVENTS BEYOND OUR CONTROL
35. We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.
THIRD PARTY RIGHTS
36. Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions 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).
JURISDICTION
37. These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom.
ENTIRE AGREEMENT
38. These terms and conditions, together with our current website prices, delivery details, contact details, cancellation policy and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
PRIVACY POLICY
1. We value your privacy and therefore do not disclose information to third parties without your express permission. 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. You may refuse to accept cookies by activating the setting on your browser, however, by selecting this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you visit our site. For our full privacy and cookie policy please see our website.
ACCURACY
1. All orders you place on this website will be subject to our acceptance in accordance with these terms and conditions.
2. The ‘confirmation’ stage sets out the final details of your order. Following this, we will send you an email acknowledging the Goods you have ordered from us and the delivery services ordered from the delivery service provider. Please note this email is not an order confirmation or order acceptance from BikeArt.
3. Acceptance of your order and the completion of contract between you and us will take place on despatch to you by the delivery service provider of the Goods ordered, unless we have notified you that we do not accept your order or you have cancelled it.
4. Please note the Price you pay for Goods supplied by BikeArt, and the delivery service provided by the delivery service provider, is the price displayed on this website at the time we receive your order, apart from the following exception:
Whilst we try and ensure all prices on our website are accurate, errors may occur. Should we discover an error in the Price of Goods you have ordered we will inform you as soon as possible. At this time we would give you the option of reconfirming your order at the correct price or cancelling it with monies paid refunded. If we are unable to contact you, we will treat the order as cancelled.
5. All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access www.bikearthire.cc. This acceptable use policy applies to all users of, and visitors to, our websites.
Your use of our Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms and conditions and the privacy and cookie policies.
Prohibited uses
The Website may only be used by you for lawful purposes and may not, in any way or event, be used:
1. In any way that is unlawful (under local, national or international law) or fraudulent, or has any unlawful or fraudulent purpose or effect;
2. For the purpose of harming or attempting to harm minors in any way;
3. To send, knowingly receive, upload, download, use or re-use any material which does not lawfully belong to you;
4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Websites, or any computer software or hardware.
You also agree:
6. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions;
7. Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide on the Website interactive services, including, but not limited to product reviews and customer feedback. Any interactive service will be provided with information as to the kind of service offered, if it is moderated and what form of moderation is in use (including whether it is human or technical).
When contributing to the Websites through an interactive service you must ensure that your contributions must.
8. Be accurate (where they state facts);
9. Be genuinely held (where they state opinions);
10. Comply with all applicable law in the UK and in any country from which they are posted.
Contributions by you to the Websites must not:
11. Contain any material which is defamatory of any person;
12. Contain any material which is obscene, offensive, hateful, or inflammatory;
13. Contain any sexually explicit material;
14. Contain, condone or promote violence;
15. Contain, condone or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
16. Infringe any copyright, database right or trademark of any other person;
17. Be likely to deceive or defraud any person;
18. Be unlawful (locally, nationally or internationally) in any way, or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
19. Contain, condone or promote any illegal activity;
20. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
21. Be likely to harass, upset, embarrass, alarm or annoy any other person;
22. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
23. Give the impression that they emanate from us or any of our partners, if this is not the case.
Copyright
Any material you upload to the Website will be considered non-confidential and non-proprietary, and in uploading such material you allow us the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
Linking to our site
You may add a link to the home page of our Website to any website owned or controlled by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Any such link must not suggest, in either an explicit or implied manner, any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with the content standards set out in this acceptable use policy.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without the need to give a reason and without notice. If you wish to make any use of material on our site other than that set out above, please contact us by email in order to discuss.
Links from our site
Links on the Website to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Suspension and termination
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Websites. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
24. Issue of a warning to you;
25. Immediate, temporary or permanent withdrawal of your right to use the Websites;
26. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
27. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
28. Further legal action against you;
29. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Cancellation Policy
We reserve the right to cancel the contract between us if:
• We have insufficient stock to deliver the Goods you have ordered
• The delivery service provider does not deliver to your area
• One or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
• We have reason to suspect that there is a risk of a fraudulent transaction.
If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), from your debit or credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.