Terms and
Conditions
(Last updated June 2008)
This website is operated by Bike Attire
Limited (referred to as "BAL/we/our/us"). As a user of this website
(referred to as "you/your") you acknowledge that any use of this
website including any transactions you make ("use/using") is subject
to our terms and conditions below (which includes any other important
hyper-linked sections e.g. Carriage, Returns
and Refunds, and Privacy
Policy). Please:
·
Read through these terms and
conditions carefully before using this website
·
Print a copy for future
reference.
·
Also read our Privacy
Policy section regarding your personal information.
1. General
1.1 We reserve the right to change these
terms and conditions at any time. Any
such changes will take effect when posted on the website. The date of any update will be confirmed as
above under the heading Terms and Conditions.
It is your responsibility to read the terms and conditions on each and
every occasion you use this website.
Your continued use of our website shall signify your acceptance to be
bound by the latest version of the terms and conditions.
1.2 If you are not a consumer, you confirm
that you have authority to bind any business on whose behalf you use this
website.
1.3 Information that you provide on this
website must be accurate and complete.
2. Order
process
2.1 All orders that you place on this
website will be subject to acceptance in accordance with the version of the
terms and conditions in force at the time that your order is placed.
2.2 Any order acknowledgement email
detailing any products you have ordered does not constitute an order confirmation or order acceptance from BAL.
2.3 Acceptance of your order and the
completion of the contract between you and us will take place on despatch to
you of the products ordered unless we have notified you that we do not accept
your order or you have cancelled it (please refer to
Returns and Refunds).
2.4 We do not file details of your order
for you to subsequently access direct on this website, and therefore, please
print out these terms and conditions and the order acknowledgement for your own
records. If you wish to obtain specific details of your previous orders please
click on the Contact
Us section of
this website and make your request.
3. Delivery
3.1 This website is only for delivery of
products to customers in mainland
3.2 Delivery charges and estimated
timescales are specified in the
Carriage section and also when you place
an order. We make every effort to deliver goods within the estimated timescales; however delays are occasionally inevitable due
to unforeseen factors. BAL shall be
under no liability for any delay or failure to deliver the products within
estimated timescales
3.3.1
Risk of loss and damage of products passes to you on the date
when the products are delivered or on the date of first attempted delivery by
us.
4. Payment
4.1 We take payment from your card at the
time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability.
In the event that we are unable to supply the goods, we will inform you of this
as soon as possible. A full refund will be given where you have already paid
for the goods.
4.2 The price you pay is the price
displayed on this website at the time we receive your order apart from the
following exception. Whilst we try and
ensure that all prices on our website are accurate, errors may occur. If we
discover an error in the price of goods you have ordered we will inform you as
soon as possible and give you the option of reconfirming your order at the
correct price or cancelling it. If we are unable to contact you we will treat
the order as cancelled. If you cancel and you have already paid for the goods,
you will receive a full refund.
4.3 Payment can be made by any method
specified in the checkout section of this website. For information about secure on-line ordering
see Security.
4.4 Title to any products you order on
this website shall pass to you on delivery of the products provided that we
have processed and received payment in full for the products.
4.5 All prices include VAT (where applicable)
at the applicable current rates but exclude delivery charges (where applicable), unless expressly
stated otherwise (see
Carriage for further details)
5.
Returns and Refunds,
Cancellations and Substitutions
5.1 In the unlikely event that you receive
faulty or damaged goods, please refer to our
Returns and Refunds section.
5.2 Sometimes the product specifications
from the manufacturer may change, in which case we will do our best to offer
you a substitute of the same or better quality at the same price. If you are
not happy with the replacement you can return it to us within 14 days and we
will provide you with a refund. Where
applicable, you may cancel your order in accordance with your rights under the
Distance Selling Regulations (see the
Returns and Refunds section
for further details).
5.3 All sizes and measurements are
approximate but we do try to make sure that they are as accurate as possible.
6. Intellectual Property
6.1 You acknowledge and agree that all
copyright, trademarks and all other intellectual property rights in all
materials and/or content made available as part of your use of this website
shall remain at all times vested in us or our licensees. You are permitted to
use this material only as expressly authorised by us or our licensees.
6.2 You acknowledge and agree that the
material and content contained within this website is made available for your
personal non-commercial use only and that you may only download such material
and content for the purpose of using this website. You further acknowledge that
any other use of the material and content of this website is strictly
prohibited and you agree not to (and agree not to assist or facilitate any
third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions
excludes or limits liability for death or personal injury caused by negligence,
fraudulent misrepresentation, or any other liability which may not otherwise be
limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, BAL will
use reasonable endeavours to verify the accuracy of any information on the site
but makes no representation or warranty of any kind express or implied
statutory or otherwise regarding the contents or availability of the site or
that it will be timely or error-free, that defects will be corrected, or that
the site or the server that makes it available are free of viruses or bugs or
represents the full functionality, accuracy, reliability of the website BAL
will not be responsible or liable to you for any loss of content or material
uploaded or transmitted through the website and BAL accepts no liability of any
kind for any loss or damage from action taken or taken in reliance on material
or information contained on the site.
7.3 Subject to Section 7.1 above, other
than as expressly provided in these terms and conditions with respect to
specific products and except for the exclusive remedies set out at Section 5
above, any indemnities, warranties, terms and conditions (whether express or
implied) are hereby excluded to the fullest extent permitted under applicable
law.
7.4 Subject to Section 7.1 above, BAL will
not be liable, in contract, tort (including, without limitation, negligence),
pre-contract or other representations (other than fraudulent on negligent
misrepresentations) or otherwise out of or in connection with the terms and
conditions for any:
·
economic losses (including without limitation loss of revenues,
data, profits, contracts, business or anticipated savings); or
·
loss of goodwill or reputation; or
·
special
or indirect losses
suffered or incurred by that party arising out of or in connection with the
provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to
Section 7.1 BAL's aggregate liability (whether in
contract, tort or otherwise) for loss or damage shall in any event be limited
to a sum equal to the amount paid or payable by you for the product(s) in
respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your
statutory rights as a consumer, nor does it affect your contract cancellation
rights.
7.7 We will take all reasonable
precautions to keep the details of your order and payment secure, but, unless
we are negligent, we cannot be held liable for any losses caused as a result of
unauthorised access to information provided by you
8. Miscellaneous
Provisions
8.1 The contract between us shall be
governed by the laws of
8.2 We have selected our products on the
basis that they will be used for their intended purpose only. If you are planning to utilise any of our
products for business purposes please ensure that you are covered by
appropriate insurance.
8.3 BAL may, at their discretion, utilise
the services of a handling agent to process all or any debit, credit and charge
card payments for customers and such handling agent may retain a handling fee where
a card is used to purchase goods or services. The remaining amount will be paid
to BAL for the goods and/or services supplied. The total amount payable by all
customers regardless of the means of payment will be the same.
8.4 BAL shall be under no liability for
any delay or failure to deliver products or otherwise perform any obligation as
specified in these terms and conditions if the same is wholly or partly caused
whether directly or indirectly by circumstances beyond its reasonable control.
8.5 To provide increased value to our
customers, we may provide links to other websites or resources for you to
access at your sole discretion. You acknowledge and agree that, as you have
chosen to enter the linked website we are not responsible for the availability
of such external sites or resources, and do not review or endorse and are not
responsible or liable, directly or indirectly, for (
i
) the privacy practices of such websites, (ii) the
content of such websites, including (without limitation) any advertising,
content, products, goods or other materials or services on or available from
such websites or resources or (iii) the use to which others make of these
websites or resources, nor for any damage, loss or offence caused or alleged to
be caused by, or in connection with, the use of or reliance on any such
advertising, content, products, goods or other materials or services available
on such external websites or resources.
8.6 You may not assign or sub-contract any
of your rights or obligations under these terms and conditions or any related
order for products to any third party unless agreed upon in writing by BAL.
8.7 BAL reserves the right to transfer,
assign, novate or sub-contract the benefit of the
whole or part of any of its rights or obligations under these terms and
conditions or any related contract to any third party.
8.8 If any portion of these terms and
conditions is held by any competent authority to be invalid or unenforceable in
whole or in part, the validity or enforceability of the other sections of these
terms and conditions shall not be affected.
8.9 These terms and conditions do not create
or confer any rights or benefits enforceable by any person that is not a party
(within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999)
except:
8.9.1 BAL shall have the right to enforce any
rights or benefits under these terms and conditions;
8.9.2 BAL shall have the right to enforce and
take the benefit of the rights or benefits of any limitation or exclusion or
limitation of liability in these terms and conditions;
8.9.3 A person who is
a permitted successor or assignee under Section 8.7 above of the rights or
benefits of these terms and conditions may enforce such rights or benefits.
8.9.4 No consent from the persons referred to
in Section 8.9 is required for the parties to vary or rescind these terms and
conditions (whether or not in any way that varies or extinguishes rights or
benefits in favour of such third parties).
8.10 No delay or failure by BAL to exercise
any powers, rights or remedies under these terms and conditions will operate as
a waiver of them nor will any single or partial exercise of any such powers,
rights or remedies preclude any other or further exercise of them. Any waiver
to be effective must be in writing and signed by an authorised representative
of BAL.
8.11 These
terms and conditions including the documents or other sources referred to in
these terms and conditions supersede all prior
representations understandings and agreements between you and BAL relating to
the use of this website (including the order of products) and sets forth
the entire agreement and understanding between you and BAL for your use of this
website.
The Bike Attire website
is operated by:
Bike Attire Limited
Hill House
1 St. Albans Road
Codicote
Hertfordshire SG4 8UT
Bike Attire Limited is registered in England & Wales No. 5342784
Registered Office:
Woodlands, Todds Green,
We recommend you print
out a copy of these terms and conditions for your future reference.
If you have any
questions regarding the BAL website please click Contact
Us to get in
touch with us.
* * * * * * * * * * * * * * * * * * *
* * * * * * *
CARRIAGE
We
deliver to all postal areas of the United Kingdom as specified in clause 3.1 of
our Terms and Conditions
All carriage charges
will be automatically calculated at the checkout before any discount is
applied.
(i) We offer free delivery on all purchases of clothing and accessories (estimated delivery
within 14 days if in stock)
(ii) Purchases of complete bike/bike frame
module will incur a £25.00 charge for delivery by Royal Mail Special Delivery
Post (
estimated delivery within 14 days if in stock)
If you have any
further questions please visit the Contact
Us section of our
website and we will be happy to assist.
We want you to be totally satisfied with every
purchase you make from BAL. It is our
aim to offer you value and quality. If, for any reason, you are not completely
happy with your purchase, simply return it to us within 14 days, unused in its
original packaging, together with the receipt. We'll exchange it or offer you a full refund.
Some products are excluded from our 14-day
money back guarantee. These include, for safety reasons, any items of safety
wear which includes, but is not limited to, helmets. If in doubt before you order please click
Contact Us and ask us. We will be
pleased to confirm whether the goods you are purchasing are covered by our
14-day money back guarantee.
The 14-day money back guarantee and any other
manufacturer’s guarantees promoted on the website are in addition to our
obligations with respect to your statutory rights, which of course remain
unaffected.
If a product does
not fit and we are unable to supply an alternative size or it is unsuitable we
will be happy to arrange a refund.
Any carriage charges
incurred will be the responsibility of the customer unless an error has been
made by BAL. We can make arrangements
for a third party collection but any charges will be deducted from the refund. Proof of purchase will be required to confirm
the purchase price.
If you have any further
questions please do not hesitate to Contact
Us.
DISTANCE
SELLING REGULATIONS
Under the Distance Selling Regulations, you
have a right to cancel your order for any item purchased on this website for a
full refund. This does not apply to items of safety wear which includes, but is
not limited to, helmets. This also does
not apply to any goods personalised or made to your specification.
To cancel, you can email us or write to us
(see Contact
Us for details) within seven days of delivery of your item(s), quoting your order
number. You must take reasonable care of
the item(s) and must not use them. Item(s)
must be returned in their original packaging complete with all tags to us at
the following address: -
Bike Attire Limited
Hill House
1 St. Albans Road
Codicote
Hertfordshire SG4 8UT
If you have an Internet order query, please
e-mail us via the Contact
Us
section.
The purpose of this statement is to set out
how we use personal information that we may obtain about you. By using the BAL web site generally you agree
to this use.
Use of your Personal Information
1. When you register and use this site you will be asked to
provide certain information such as your contact details. We will store this
data and hold it on computers or otherwise. We will use this data to fulfil our
agreement with you.
2. We
may use information that you provide or that is obtained by us:
(a)
To register you with our web site and to administer our web site
services;
(b)
for
assessment and analysis (e.g. market,
customer and product analysis) to enable us to review, develop and improve the
services which we offer and to enable us to provide you and other customers
with relevant information through our marketing programme. We may use your
information to make decisions about you using computerised technology, for
example automatically selecting products or services which we think will
interest you from the information we have. We may keep you informed of such
products and services (including special offers, discounts, offers and so on by
any of the following methods:
·
e-mail
·
post
·
or
otherwise (including
products and services of other companies and organisations) which we consider
may be of interest to you. If you do not wish BAL to provide information of
such products and services, please Contact
Us and advise us of this.
3. We may supplement the information that
you provide to us with information that we receive from third parties.
Disclosure of Your Information
4. We may give information
about you to the following, who may use it for the
same purposes as set out above:
(a)
agents
who (on our behalf) profile your data
so that we may tailor the goods/services we offer to your specific needs;
(b)
anyone to whom we transfer or may transfer our rights and duties
under our agreement with you;
(c)
if
we have a duty to do so or if the law allows
us to do so.
Cookies
5. BAL does not use Cookies.
6. We endeavour to take all reasonable
steps to protect your personal information. However, we cannot guarantee the
security of any data you disclose on-line. You accept the inherent security
risks of providing information and dealing on-line over the Internet and will
not hold us responsible for any breach of security unless this is due to our
negligence or wilful default.
General
7. You have the right to see personal
data (as defined in the Data Protection Act) that we keep about you, upon
receipt of a written request and payment of a fee. If you are concerned that
any of the information we hold on you is incorrect please
Contact Us (see details below).
8. Please be aware that our site may
link to other web sites which may be accessed through our site. We are not
responsible for the data policies or procedures or the content of these linked
web sites.