John Atkins Cycles Terms and Conditions
GENERAL WEBSITE TERMS AND CONDITIONS
WELCOME TO THE John Atkins Cycles (Leamington Spa) Ltd WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT http://www.johnatkinscycles.co.... BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
In these Terms and Conditions the following terms shall have the meanings set out below:
- "Seller" shall mean:
John Atkins Cycles (Leamington Spa) Ltd
32A Clemens Street,
VAT NO. GB 585 3603 23
Company Registration Number: 3144902, Registered in England
- "Buyer" shall mean any person, partnership or body corporate detailed in the appropriate section of the sales invoice/order form/delivery note.
- "Goods" shall mean the item/s detailed in the appropriate section of the sales invoice/order form/delivery note.
- "Price" shall mean the sum due to the Seller from the Buyer for the Goods and shall include VAT at the appropriate rate unless otherwise stated.
- "Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
- "Calendar day" shall mean any day including Saturdays, Sundays and public holidays.
We are a member of the following trade associations/professional bodies: Association of cycle traders
General email: [email protected]
Telephone number: +44 01926 430211/831122
We operate our business in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 20131.
1.1 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1.2 If you have any concerns about material on our site, please contact us by email at [email protected].
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made , unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
- (a) where goods, services or information ordered by you are not available;
- (b) where we cannot obtain authorisation for your payment;
- (c) if there has been a pricing or product description error; or
- (d) if you do not meet any eligibility criteria set out in our terms and conditions.
- (e) if we do not deliver to your area;
Your card may be charged the shown amount when you place the order on-line, though most commonly we only charge your card when goods are ready to be dispatched. Should items not be available and payment has been taken, we will contact you to discuss delivery / refund options.
3.1 All prices include VAT (where applicable) at the current rates.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rate will be displayed to you prior to you placing your order.
3.3 Our prices are reviewed regularly.
4.1 Where possible, we aim to despatch your goods within a "working day" of receiving your order. We will deliver goods ordered by you as soon as possible to the address you give us for delivery, within 28 days of your order except where we contact you to inform you of delays. Covid restrictions may add a few days to postage times.
4.2 Where we inform you of delays, you will have the right to cancel your order or accept our revised projections for delivery.
4.3 We will inform you by email at the point when your goods are dispatched.
4.4 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 14 calendar days of the delivery of the goods in question.
4.5 If you do not receive goods ordered by you within 28 days of our notification of dispatch, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 days of our maximum delivery period of 28 days from the date on which we informed you that we had dispatched the goods.
4.6 You will be required to sign for goods in most circumstances.
4.7 You are required to check goods immediately upon receipt to check for signs of delivery damage and, where you believe damage has occurred, you must mark the delivery driver's paperwork to indicate that the goods are "damaged" or, where the goods are substantially damaged, refuse delivery completely and contact us immediately on +44 01926 430211/831122. It is very difficult for us to claim against our courier's insurance if you have signed to accept the goods.
5. CONTRACT OF SALE LIABILITY
5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 calendar days of the delivery of the goods in question.
5.2 If you do not receive goods ordered by you within 28 days of the receipt of the notification of dispatch, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 42 days of the receipt of the notification of dispatch.
5.3 If you notify a problem to us under condition 5.2, our only obligation will be, at your option:
- (a) to make good any shortage or non-delivery;
- (b) to replace or repair any goods that are damaged or defective; or
- (c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
5.4 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 this condition 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 5.3(c) above.
5.5 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. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
5.6 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.
6. CANCELLATION OF CONTRACTS FOR GOODS AND GOODS RETURNS POLICY - FOR CONSUMERS ONLY
6.1 This section applies to consumers only (and not to businesses or other organisations) who order goods
6.2 If you wish to cancel your order:
- (a) you can notify us by email to [email protected] before we have dispatched the goods to you; or
- (b) where goods have already been dispatched to you, by notifying us in writing either at our registered address or by emailing [email protected] in accordance with clause 6.3 below. A cancellation form will be included with your order.
6.3 You can change your mind and return goods you have ordered from us for any reason at any time within 14 calendar days of receipt commencing the day after receipt for a full refund or exchange, subject to the following;
- 6.3.1 You must inform us in writing of your cancellation, at our registered address or by emailing [email protected] within 14 calendar days of your receipt of the goods or by completing and returning the standard cancellation form included with your order.
- 6.3.2 You must return the goods to us at your expense. Please see Clause 7 RETURN OF GOODS
- 6.3.3 You must take reasonable care of the goods whilst they are in your charge and to see they are received by us and not damaged in transit. Please see Clause 7 RETURN OF GOODS
- 6.3.4 You accept full responsibility for the goods until they are received by us, in a satisfactory condition and are therefore advised to employ a "signed for" and insured delivery service when returning goods. Please see Clause 7 RETURN OF GOODS
6.4 We will issue a refund of the purchase price of the goods and any associated standard initial delivery costs or an exchange credit as required within 14 days of receipt of the return goods. A deduction will have been made from your refund if we are required to collect goods from your premises equal to the cost of doing so or if the goods are returned in an unsatisfactory condition. Please see Clause 7 RETURN OF GOODS
6.5 The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances:
- * to any products that we have made or customised specifically for you
- * to any products that by their nature have a limited lifespan, such as flowers and fresh food
- * to any product where packaging seals have been broken where the seal is required to maintain the product.
The provisions of clause 6.5 do not affect your statutory rights.
6.6 You may return goods for any of the following reasons for a full refund or exchange, at no additional cost however please note the time conditions applied in Clause 5 LIABILITY for faulty, damaged or incorrectly delivered goods;
- 6.6.1 Where goods arrive in a damaged or unsatisfactory condition. Please mark the delivery note when you sign for the goods to indicate that packaging is damaged or the goods are uninspected as this helps us to recover the cost of damage from our couriers.
- 6.6.2 Where goods are faulty.
- 6.6.3 You must still take reasonable care of the goods whilst they are in your charge even if they are damaged/faulty on delivery and inform us of the nature of the damage. Please see Clause 7 RETURN OF GOODS
- 6.6.4 If required, we will arrange collection of damaged/faulty goods at a mutually convenient time (daytimes, Monday to Friday)
6.7 Where a refund is due, we will make refund direct to the payment method you originally used for your purchase.
6.8 Your refund may be delayed or reduced if;
- 6.8.1 The goods are not received back from you in a timely fashion. We will process your refund within 14 days of receipt of the goods. Please see Clause 7 RETURN OF GOODS
- 6.8.2 We have to collect goods from you, in which case the cost of collection will be deducted from your refund. Please see Clause 7 RETURN OF GOODS
7. RETURN OF GOODS
7.1 When you change your mind and cancel the contract to buy as in Clause 6, please note:
- 7.1.1 that you will return our goods to us at your own expense
- 7.1.2 that you will return any additional related goods that may have been joint offers or associated gifts to us at your own expense
- 7.1.3 that you will return our goods to arrive with us, within 14 days of your notice of cancellation. Please see Clause 7.2
- 7.1.4 that whilst you have our goods in your charge, you will take good and reasonable care of them to maintain them in a fully saleable condition
- 7.1.5 that you will not use or attempt to fit/assemble the goods aside from your need to assess them for suitability.
- 7.1.6 that wherever possible, all product packaging is returned with the goods
- 7.1.7 that you will repackage the goods appropriately to ensure that they are received in a satisfactory condition by us at our registered address.
- 7.1.8 that you are advised to use an insured and signed for delivery service when returning the goods as you remain liable for them until received in a satisfactory condition.
7.2 Where goods have not been received by us and no proof of posting supplied within 14 days of your notice of cancellation we will:
- 7.2.1 Contact you to arrange to have our goods collected at a mutually convenient time during the following 14 calendar days (Saturday and Sunday are not working days)
- 7.2.2 Advise you of the cost of collecting our goods
- 7.2.3 Deduct the cost of collecting goods from you from any refund we might owe you. Please see Clause 6.8
- 7.2.3 not be liable to refund you if goods are not received back and no proof of postage, clearly stating our details is made available.
7.3 The conditions of the contract to return goods take effect as soon as we receive your written notice of cancellation.
7.4 If you receive Damaged or Faulty goods OR we deliver incorrect or substituted goods where the substituted item(s) were not agreed to prior to despatch:
- 7.4.1 we will arrange collection of goods at OUR expense at a mutually convenient time OR
- 7.4.1 you may return goods to us, and we will refund the cost of you doing so, however please check with us first as it is often cheaper for us to collect.
8. WEBSITE USAGE LICENCE
8.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
- (a) no documents or related graphics on this Website are modified in any way;
- (b) no graphics on this Website are used separately from accompanying text; and
- (c) any of our copyright and trade mark notices and this permission notice appear in all copies.
8.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
8.3 Subject to clause 8.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
8.4 Any rights not expressly granted in these terms are reserved.
9. SERVICE ACCESS
9.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
9.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
10. VISITOR MATERIAL AND CONDUCT
10.2 You are prohibited from posting or transmitting to or from this Website any material:
- (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- (b) for which you have not obtained all necessary licences and/or approvals;
- (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
10.3 You may not misuse the Website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, "stalk" or harass another or collect or store personal data about other users ).
10.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 10.2 or 10.3.
10.5 It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. Remember that the site and your content may be accessed by children.
10.6 If you notice any content which breaches these conditions, please notify us by email to [email protected].
11. LINKS TO AND FROM OTHER WEBSITES
11.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
11.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- (a) you do not remove, distort or otherwise alter the size or appearance of the John Atkins Cycles logo;
- (b) you do not create a frame or any other browser or border environment around this Website;
- (c) you do not in any way imply that we are endorsing any products or services other than our own;
- (d) you do not misrepresent your relationship with us nor present any other false information about us;
- (e) you do not otherwise use any John Atkins Cycles trade marks displayed on this Website without our express written permission;
- (f) you do not link from a website that is not owned by you; and
- (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.
11.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2
12.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
12.2 The material on this Website is provided as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
13. LIABILITY WHEN USING OUR WEBSITE
13.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
13.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
13.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.4 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
14. GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions shall be governed by and construed in accordance with England law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the England courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
14.2 We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
15.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
15.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
15.3 No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.16. PRODUCT SPECIFICATIONAs with any product, specification is subject to change without prior notification. You are advised to confirm current specification before buying.
Please be aware that while we do our best to display current specification as accurately as possible, there can be slight errors in specification.
Please note, where weights are shown, this is only an approximate weight supplied by the manufacturer, and each individual product can vary. Weights are usually based on a medium size.
Sizing where shown in cm's or inches (") are rounded to the nearest full cm or half an inch. Please be aware slight mistakes can occur here, you are advised to email or telephone us for more exact measurements.