Cybike > Terms & Conditions

Cybike.co.uk ("CYBIKE"): TERMS AND CONDITIONS

We want you to enjoy using our Website and the useful information and Products that we provide through it. All information on this site is provided in good faith. To avoid any misunderstandings, please take a moment to read these Terms, which govern the contract between us. They set out the basis of how you use our site, the purchase of our Products, what we provide, what we charge and what we ask of you in return. By submitting an Enquiry and/or an Order to CYBIKE, you are agreeing to these Terms and our, Privacy Policy which will apply to any purchase you make from CYBIKE on this Website.

Summary

Definitions
Product Details
Price of the Products
Enquiries
Order Acceptance and Payment
Your Right to Cancel
Delivery
Right of Cancellation
Warranties and Refunds
Returns Procedure
Use of Website
Liability
Notices, Enquiries and Complaints
Intellectual Property
Privacy Policy
General

Definitions
1. In these terms and conditions ("the Terms") unless the context otherwise requires, the following words and phrases shall have the following meanings:
  
  "Customer Material" means any information provided by the customer to CYBIKE including, but without limitation, your details, sizes, delivery details, requirements or any information provided in the Enquiry or Order;
  
  "Enquiry" means any enquiry made of CYBIKE;
  
  "Force Majeure Event" includes any delay or failure to perform our obligations as set out in these Terms where such delay or failure to perform arises from circumstances beyond our reasonable control, including (without limitation) any Act of God, communications failure, death, destruction, fire, flood, strikes, riots, accident, disruption to energy supplies, civil commotion, acts of terrorism or war;
  
  "Order Confirmation" an order confirmation from CYBIKE to you confirming receipt of your payment and the acceptance of your order;
  
  "Price" means a price issued by CYBIKE to you in response to an Order Confirmation and/or an Enquiry;
  
  "Product" means products available for sale on the Website;
  
  "CYBIKE", "us", "we" or “our” means CyBike.co.uk whose correspondence address is 4 Cullen Close, Darlington, Co Durham. DL1 3PQ. (VAT Number: GB 185 2151 14)
  
  “Normal Business Hours”, Our Normal Business Hours are 9am -5pm Mon - Wed & Fri, 9am - 4pm Thu, 9am - 1pm Sat, Closed Sunday.
  
  "Website" means the website for the sale of the Products at www.CyBike.co.uk;
  
  "Writing" includes email, fax, or other comparable means of communication;
  
  "you", "your" or "customer" means the person, firm or company placing an order for Products with CYBIKE.
Product Details
1. The Products displayed on this Website are not shown to actual size nor are their images binding as to detail. Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item, and your attention is drawn to the Product details and content where given. If the Product you receive is materially different from the Product details specified you shall be entitled to reject it without penalty.
2. All Products are subject to availability. In the unlikely event of a change in the specification or quality of the goods ordered we will offer you a substitute item of the same or better quality for the same price, which you shall be entitled to reject by returning the item within 7 days from the date the Product has been delivered to you.
Price of the Products
1. Subject to the provisions of clauses 3.4 and 3.5 the Price of the Products will be as stated on our Website at the time you submit your order.
2. Prices stated on the Website include VAT for the item(s) but not the cost of delivery and insurance during freight as that cost is dependent upon the value of the item(s) purchased and so is advised in addition to the Prices stated.
3. Euro prices are published for guidance only. Payment will be taken in Pounds Sterling and charged at prevailing Paypal or your card provider exchange rates.
4. All Products must be paid for in full before being dispatched.
5. The price of the products stated on our website may vary due to factors outside CYBIKE Direct Ltd.’s control, or if there is a delay between the time of the order and you receiving your Order Confirmation. In these circumstances you will be entitled to cancel your order if the price increase is not acceptable to you.
6. Without prejudice to clauses 3.4 or 6.1.1, if we discover an error in the price of the Products offered we will contact you to resolve the situation.
7. Prices on the website can be viewed by different currency but will be invoiced in sterling.
8. Vouchers - Vouchers can only be redeemed against the cost of goods. No cash or refund is given if the value of goods is less than the voucher value. Vouchers cannot be redeemed against carriage charges. Only one voucher can be redeemed per order.
Enquiries
1. By making an Enquiry you are under no obligation to purchase any Product but you agree to be bound by these Terms and our Privacy Policy.
Order Acceptance and Payment
1. Before your order can be accepted, we must receive in cleared funds, or confirmation of authorisation of payment (where a credit card is used) the purchase price specified in full (without any deduction).
2. When we receive your order we will send you an acknowledgement of its receipt. Once payment has been received by us in accordance with clause 5.1 we will confirm that your order has been accepted by sending an Order Confirmation to you at the e-mail address you provide. When we send you this Order Confirmation a legally binding contract exists between us. CYBIKE reserve the right to refuse any voucher code application or redemption if there is any suspicion of fraud, mal-redemption or foul play.
3. Payment for the Products is made in Pounds Sterling. Any additional currency information is provided for guidance only.
4. You must pay for the Products you order by using any method currently specified on the Website, which may include without limitation;
  1. A telegraphic transfer or a bank transfer to CYBIKE’s account; or
  2. Credit or debit card by communicating your card details to CYBIKE (for the avoidance of doubt the credit/debit cards accepted by us are those listed on the Website on the date your order is placed).
5. In the event that payment for an order is not received; or you are not fully entitled to use your nominated credit, debit or charge card; or such card has insufficient funds to cover the price of the Products then:
  1. CYBIKE may contact you allowing you to make payment in full within a specified time period by the same or another means; or
  2. CYBIKE may at its sole discretion cancel your order in which case CYBIKE shall return any monies received from you within 30 days of receipt of such monies to your nominated account and CYBIKE shall be entitled to deduct an administration fee to cover any expenses incurred by CYBIKE in doing so;
  3. You agree that in any event that CYBIKE shall have no liability to you for any loss, damage, costs, expenses or other claims that you may incur.
6. You agree to indemnify CYBIKE in full against all costs and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.
Our Right To Cancel
1. We reserve the right to cancel your order if:
  1. after receiving your order and before we send you your Order Confirmation, we become aware of a pricing error in respect of the Product you have ordered, we reserve the right to withdraw the Product from sale and inform you accordingly; or
  2. A Force Majeure Event occurs.
2. If we do cancel your order we will notify you by e-mail and will offer an alternative replacement Product or refund to you any amounts paid to us as soon as possible and in any event within 30 days of your order.
3. We shall not be liable to you for any loss, damage, costs expenses or claims that you may incur, for orders cancelled by us before we send your Order Confirmation.
4. This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
Delivery
1. We reserve the right to charge for and fulfil partial orders where the Order Confirmation consists of multiple items.
2. Delivery will be made to the address specified in the Order Confirmation.
3. We will take all reasonable steps to deliver your order to you on or before the date specified in the Order Confirmation. We cannot be held liable for delays caused by circumstances beyond the reasonable control of CYBIKE (such as Force Majeure events). Time will only be of the essence of the contract if you have agreed this in advance with us at the time of placing your order and received an Order Confirmation with a guaranteed delivery date.
4. You will become the owner of the Products you have ordered when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we shall not be liable for their loss or destruction.
5. Shipping costs are calculated as a percentage of the cart subtotal.
  Domestic UK and ROI deliveries will be sent using Royal Mail 1st Class Post or APC Courier services. Whichever is most cost effective.
  International shipping will be by Royal Mail or UK Mail International Couriers. Optional Express Air Services are available for most EU Countries at additional cost.
6. Free shipping is offered on cart subtotal values of £300 or higher to UK, EEA Countries including Switzerland, Iceland, Liechtenstein and Norway
Right of Cancellation
1. You have the right to cancel this contract within 14 days without giving a reason. The cancellation period will expire 14 days after the day you acquire, or a third party, other than the carrier and indicated by you acquires physical possession or the last good. To exercise your right to cancel you must inform us by clear a statement (e.g. a letter by post or email). You may also fill in and submit the cancellation form but this is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of your right to cancel before the cancellation period has expired.
2. If you cancel this contract, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of handling by you. We will make the reimbursement without undue delay, and not later than-
  a) 14 days after we receive back from you any goods supplied, or
  b) (if earlier) 14 days after you provide evidence or returning the goods, or
  c) If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
  
  We will make the reimbursement using the same means of payment as used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
3. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day you communicate your cancellation from this contract to us. You will have to bear the direct cost of returning the goods.
4. You are only liable for diminished value resulting from handling other than what is necessary for you to establish the nature, characteristics and functioning of the goods.
Warranties and Refunds
1. Subject to the following provisions of this clause 9.1, we warrant that the Products will be of satisfactory quality. The aforementioned warranty is given by CYBIKE subject to the following condition save that it is acknowledged that your statutory rights are not affected:
  1. CYBIKE shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Products (whether oral or in writing); (b) misuse or alteration of the Products without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer.
2. CYBIKE’s products should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the Products delivered to you are incomplete or you have received incorrect Products, we shall have no liability to you unless you notify CYBIKE of the problem AS SOON AS IS REASONABLY POSSIBLE of the Products in question. For the purposes of efficiency we advise you to contact our customer services on 01609 773486 during normal business hours. Calls may be recorded for training purposes.
3. If you notify a problem to us under clause 9.2 or we have committed a breach of the warranty at clause 9.1 our only obligation will be (to be determined at your option and subject always to your statutory rights):
  1. We may offer you an alternate Product free of charge within 60 days of notification provided that that the original Product is returned to us in accordance with clause 10; or
  2. We will arrange with you for the Products to be returned to us in accordance with clause 10, and we shall refund the price paid.
Returns Procedure
1. If you exercise the right to cancel under clause 8.1 or a right to return the Product(s) in accordance with clause 9.4, in order to make the returns procedure as efficient as possible we advise you to follow the following procedure:
  1. Please contact our customer services on 01609 773486 during normal business hours. Calls may be recorded for training purposes to obtain a returns authorisation number before sending the Product(s) back;
  2. Complete the return form provided with the original packing materials for the delivered Product(s);
  3. when the RMA has been approved, secure the Product(s) and all of the original packing materials, packing slip, in a plainly wrapped cardboard box (the post office has these available if you do not);
  4. clearly print your name and address on the outside of the package in the return area and mail the package to:
    
    CYBIKE
    4 Cullen Close
    Darlington
    DL1 3PQ
  6. For your protection, we advise you to insure the package for the full amount of the invoice plus postal or shipping charges. For the avoidance of doubt CYBIKE shall not be responsible for items lost or damaged whilst in transit
  7. Returns are simple, but are subject to certain rules:
    (a) you shall be liable for the cost incurred in returning Products to us and we shall not be obliged to accept any Product returned if such costs have not been paid in full ;
    (b) each item must be returned in the same condition as it was sent, unworn and undamaged. Damaged goods due to your negligence will not be accepted for refund;
  8. Subject to the conditions in clause 10.1 CYBIKE will refund the full cost of the item. Refunds will be made in the same form as the original purchase.
  9. All requests will be processed after we have inspected and verified the condition of the Products. Returns take approximately five business days to process upon receipt of the item.
Use of the Website
1. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
2. Where CYBIKE provides any information in relation to the Products supplied to it by a third party, CYBIKE does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.
3. CYBIKE does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that CYBIKE or the server that makes it available are free of viruses or bugs. We shall have no liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use this Website including (without limitation) reliance on any information or content of the website or which results from mistakes, omissions, interruptions, deletions of files or emails, defects, viruses or delays in operation or transmission.
4. The information on the Website may contain technical inaccuracies or typographical errors and may be changed or updated without notice. CYBIKE may also make improvements and/or changes to the Website at any time without notice. 11.5. Any information we receive from you will be dealt with in accordance with our Privacy Policy.
5. Certain links in this Website connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.
6. Use of cookies on CYBIKE’s Website CYBIKE utilises session cookies on its website to provide its shopping cart and registration system and are produced on visiting the site. The cookies allow us to track whether you are logged-in to the site between pages and what items are currently in your cart. These forms of cookies are considered as exempt of The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 as per the guidelines provided by the Information Commissioners Office (ICO). We also utilise Google Analytics to track performance of our products and this also utilises cookies to perform this function. More information on Google Analytics and an opt-out is available at: https://tools.google.com/dlpage/gaoptout
Liability
1. Nothing in these Terms will limit our liability for death or personal injury resulting from our negligence or that of our employees or agents. If you are a consumer (within the meaning of the Unfair Contract Terms Act 1977) the content of these Terms will not affect your statutory rights. If you are not a consumer then subject as provided in clause 9.1, all other warranties, conditions or other terms, whether implied by statute common law or otherwise, are excluded to the fullest extent permitted by law.
2. Where CYBIKE provides any information in relation to the Products supplied to it by a third party, CYBIKE does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.
3. In the event that we are unable or fail to deliver the Products ordered within any time period specified, we will use reasonable endeavours to contact you in order to re-schedule the delivery time.
4. We will not be in breach of contract as a result of any Force Majeure Event.
5. IN ANY EVENT, THE LIABILITY OF CYBIKE FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM TIME TO TIME.
6. CYBIKE shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. Other than as set out in clause 9.2, the entire liability of CYBIKE arising out of any order for Products from you will be limited to the total price of the Products ordered by you.
7. You must observe and comply with all applicable regulations and legislation, including all necessary customs, import or other permits to purchase Products from our Website. The importation or exportation of our Products may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the Products you purchase.
Notices, Enquiries and Complaints
1. Any notices, enquiries or complaints should be:
  1. E-mailed to customerservices@CYBIKE-europe.com;
  2. Addressed to customer services on telephone number 01609 773486 during normal business hours. Calls may be recorded for training purposes: or
  3. Sent by post to CYBIKE, 4 Cullen Close, Darlington. Co Durham. DL1 3PQ
Intellectual Property
1. The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the use of the name "CYBIKE" is the sole property of CYBIKE or our licensors. You are permitted to copy, transmit and to use such material only for the purpose of ordering Products from the Website, but you not are entitled to copy, reproduce, transmit, display in public, create derivative works from or otherwise commercially exploit such material.
2. All intellectual property rights in the Products (subject to the rights of any third party) belong to CYBIKE.
3. You warrant that all Customer Material provided to us will not be defamatory or infringe the copyright or other rights of any third party, and you shall indemnify CYBIKE against any loss, damages, costs, expenses or other claims arising out of any such infringement.
Privacy Policy
1. You acknowledge and agree to be bound by the terms of our Privacy Policy.
General
1. These Terms govern the contract to the exclusion of all other terms and conditions stipulated in any other communication or document unless expressly agreed in writing by CYBIKE.
2. CYBIKE reserves the right to vary the content of these Terms from time to time, with any changes being published on the Website. However, such variations will not affect any Contract between CYBIKE and you. Continued use of the Website, or any of its services will signify that you agree to any such changes.
3. We may correct any typographical, clerical or other error or omission in any information on the Website or in any email or other document or communication issued by CYBIKE without incurring any liability on our part.
4. If any clause or part of a clause in these Terms is held by any Court of competent authority to be unlawful, invalid or unenforceable, such clause or part shall be severed and the remaining provisions of these Terms shall remain in full force and effect.
5. These Terms, together with our Website prices, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the Products by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any Products offered for sale by us. Save for fraud or fraudulent misrepresentation or any statutory obligation, we shall have no liability for any such representation being untrue or misleading.
6. he contract between you and CYBIKE shall be governed by English law and you and CYBIKE submit to the exclusive jurisdiction of the English Courts.
7. CYBIKE reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or any part of any of its rights or obligations under these Terms.
8. These Terms do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999.
WEEE Regulations
1. Much of the UK’s electronic waste ends up in landfill sites, where toxins put communities at risk. Please recycle your equipment as failure to segregate any type of recyclable material in the home will usually result in items being disposed of in a landfill site (buried in the ground in the UK) or being incinerated. To find out more about recycling electrical waste, please visit www.recycle-more.co.uk