Terms & Conditions

BIKEZAAR LIMITED

WEBSITE TERMS AND CONDITIONS

This page (together with our Terms of Use and Privacy Policy) tells you information about us and the legal terms and conditions (together these “Terms”) on which sellers (“Sellers”) sell products and/or services (“Products”) on our website www.bikezaar.com (“Site”) to you.

These Terms will apply to any contract between you and the Sellers for the sale of Products on our Site (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering from our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order from our Site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in Condition 8. Every time you wish to place an order, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 25 January 2018.

These Terms are only in the English language.

1. Information about us

1.1 We operate the Site. We are BikeZaar Limited a company registered in England and Wales with company number 10620630 and with our registered office at Thornton House, Cemetery Road, Shelton, Stoke on Trent, Staffordshire ST4 2DL (“we”, “us”, “our”). Our VAT number is 273247009.

1.2 Contacting us if you are a consumer:

(a) To cancel a Contract in accordance with your legal right to do so as set out in Condition 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to notify us that you wish to cancel by e-mail at [email protected] or contact our customer services team by telephone on 00 44 (0) 3300 080809. If you are e-mailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.

(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer services team at 00 44 (0) 3300 080809 or by e-mailing us at [email protected].

(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at 00 44 (0) 3300 080809 or by e-mailing us at [email protected]. If you wish to give us formal notice of any matter in accordance with these Terms, please see Condition 18.3.

2. Products

2.1 The images and descriptions of Products on our Site are for illustrative purposes only. We cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

2.2 Some of the Products are bespoke and handmade Products, which means sizes, weights, capacities, dimensions and measurements may differ to those quoted on the Site.

2.3 The packaging of the Products may vary from that shown on images on our Site and depending on the nature of the Products.

3. Use of our Site

3.1 Your use of our Site is governed by our Terms of Use. Please take the time to read this document, as it includes important terms which apply to you.

4. How we use your personal information

4.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this document, as it includes important terms which apply to you.

5. If you are a consumer

This Condition 5 only applies if you are a consumer.

5.1 If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old.

6. If you are a business customer

This Condition 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Products.

6.2 These Terms (including our Terms of Use and Privacy Policy) constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

6.3 You acknowledge that you enter into a Contract with the Sellers, not us, and when using the Site you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms (and hence including our Terms of Use and Privacy Policy).

6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

7. How the Contract is formed between you and the Sellers

7.1 Our Site will guide you through the steps you need to take to place an order with the Sellers. Our order process allows you to check and amend any errors before submitting your order to the Sellers. Please take the time to read and check your order at each page of the order process.

7.2 After you place an order on our Site, you will receive an e-mail from us acknowledging that we have received your order (“Order Acknowledgement”). However, please note that this does not mean that your order has been accepted by the Sellers. The Seller’s acceptance of your order will take place as described in Condition 7.3.

7.3 We will confirm the Seller’s acceptance to you by sending you correspondence via e-mail confirming such acceptance ("Order Confirmation"). The Contract between you and the Seller will only be formed when we send you the Order Confirmation and, for the avoidance of doubt, not when we send you the Order Acknowledgement.

7.4 All orders will be subject to the Seller’s terms and conditions.

7.5 If the Seller is unable to supply you with the Products, for example because they are not in stock or are no longer available or because of an error in the price on our Site as referred to in Condition 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

8. Our right to vary these Terms

8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

8.2 Every time you order Products using our Site, the Terms in force at the time of your order will apply.

8.3 We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.

8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel your order if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products that you have already received and we will arrange a full refund of the price you have paid, including any delivery charges. We may deduct from your refund an amount for the supply of any services that form part of the Products, for the period they were supplied by the Seller.

9. Your consumer right of return and refund

This Condition 9 only applies if you are a consumer.

9.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in Condition 9.2 This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep Products, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

9.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between you and the Seller is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

 

[vc_table vc_table_theme="classic"]Your%20Contract,End%20of%20the%20cancellation%20period|Your%20Contract%20is%20for%20a%20single%20Product.,The%20end%20date%20is%20the%20end%20of%2014%20days%20after%20the%20day%20on%20which%20you%20receive%20the%20Product.%20%20Example%3A%20if%20we%20provide%20you%20with%20an%20Order%20Confirmation%20on%201%20January%20and%20you%20receive%20the%20Product%20on%2010%20January%20you%20may%20cancel%20at%20any%20time%20between%201%20January%20and%20the%20end%20of%20the%20day%20on%2024%20January.|Your%20Contract%20is%20for%20multiple%20Products%20which%20are%20delivered%20on%20separate%20days.,The%20end%20date%20is%20the%20end%20of%2014%20days%20after%20the%20day%20on%20which%20you%20receive%20the%20Product.%20Example%3A%20if%20we%20provide%20you%20with%20an%20Order%20Confirmation%20on%201%20January%20and%20you%20receive%20the%20Product%20on%2010%20January%20you%20may%20cancel%20at%20any%20time%20between%201%20January%20and%20the%20end%20of%20the%20day%20on%2024%20January.|You%20have%20placed%20one%20order%20for%20a%20Product%20or%20multiple%20Products%20and%20then%20placed%20a%20separate%20order%20for%20a%20further%20Product%20or%20Products.,The%20end%20date%20for%20the%20first%20Contract%20is%20the%20end%20of%2014%20days%20after%20the%20day%20on%20which%20you%20receive%20your%20Products%20or%20after%20the%20day%20on%20which%20you%20receive%20the%20last%20Product%20in%20that%20order.%20The%20end%20date%20for%20the%20second%20Contract%20or%20any%20further%20Contract%20is%2014%20days%20after%20the%20day%20on%20which%20you%20receive%20your%20Products%20or%20after%20the%20day%20on%20which%20you%20receive%20the%20last%20Product%20in%20that%20order.%20Example%3A%20if%20we%20provide%20you%20with%20an%20Order%20Confirmation%20for%20the%20first%20Contract%20on%201%20January%20and%20you%20receive%20the%20first%20of%20your%20Products%20on%2010%20January%20and%20the%20last%20of%20your%20Products%20on%2015%20January%20you%20may%20cancel%20in%20respect%20of%20any%20or%20all%20of%20the%20separate%20Products%20relating%20to%20that%20Contract%20at%20any%20time%20between%201%20January%20and%20the%20end%20of%20the%20day%20on%2029%20January.%20If%2C%20separately%2C%20we%20provide%20you%20with%20an%20Order%20Confirmation%20for%20the%20second%20Contract%20on%205%20January%20and%20you%20receive%20the%20first%20of%20your%20Products%20on%2015%20January%20and%20the%20last%20of%20your%20Products%20on%2020%20January%20you%20may%20cancel%20in%20respect%20of%20any%20or%20all%20of%20the%20separate%20Products%20relating%20to%20that%20Contract%20at%20any%20time%20between%205%20January%20and%20the%20end%20of%20the%20day%20on%203%20February.|You%20have%20placed%20an%20order%20for%20Products%20to%20be%20supplied%20by%20different%20Sellers.,The%20end%20date%20is%20the%20end%20of%2014%20days%20after%20the%20day%20on%20which%20the%20Products%20are%20delivered%20to%20you.%20If%20the%20deliveries%20of%20the%20order%20arrive%20at%20different%20dates%2C%20then%20the%2014%20days%20starts%20to%20run%20from%20the%20date%20of%20receipt%20of%20the%20last%20delivery%20on%20the%20assumption%20that%20the%20order%20is%20with%20one%20seller.%20If%20there%20are%20multiple%20sellers%20and%20multiple%20contracts%2C%20then%20there%20is%20no%20one%20time%20frame%20which%20runs%20down%3A%20the%2014%20days%20will%20depend%20upon%20the%20specifics%20of%20when%20the%20deliveries%20are%20received%20for%20the%20individual%20contracts.%20%20For%20example%2C%20if%20there%20are%204%20orders%20placed%20with%204%20different%20sellers%20then%20there%20will%20be%204%20different%20end%20dates.[/vc_table]

9.3 To cancel a Contract, you must log in to your BikeZaar account and select the relevant order. Then select the option to ‘Cancel the order’ under the heading ‘Other Messages’. The Seller will then respond to you directly. Your cancellation is effective from the date you cancel the order within your account.

9.4 If you cancel your Contract, we will:

(a) refund you the price you paid for the relevant Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products (for example, if this has been caused by your handling them in a way which would not be permitted in a shop);

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method);

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Products and the Seller has not offered to collect from you and you have not returned the Products to the Seller already you should get a refund within 14 days of either the Seller getting the Products back, or you providing evidence of having returned the Products, whichever is the sooner. For information about how to return Products to us, see Condition 9.7;

(ii) if you have not received the Products: 14 days after you inform us of your decision to cancel the Contract.

9.5 If you have returned the Products to the Seller under this Condition 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

9.6 We will refund you on the credit card, debit card or other payment method used by you to pay.

9.7 If a Product has been delivered to you before you decide to cancel your Contract:

(a) then you must return it to the Seller without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to the Sellers’ in accordance with each Seller’s returns policy which you will find by logging in to your BikeZaar account.

(b) unless the Product is faulty or not as described (in this case, see Condition 9.8), you will be responsible for the cost of returning the Product to the Seller.

9.8 Because you are a consumer, the Seller is under a legal duty to supply goods and/or services that are in conformity with the Contract. As a consumer, you have legal rights in relation to a Product that is faulty or not as described, provided with reasonable skill and care, or services that are not as described. These legal rights are not affected by your right of return and refund in this Condition 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9.9 If you have ordered any bespoke or customised Products, you do not have a legal right to cancel your Contract, unless your Product is faulty.

10. Cancellation if you are business

This Condition 10 only applies if you are a business.

10.1 If you are not a consumer and you wish to cancel the Contract, you may only do so with the written consent of the Seller and on the terms that you shall indemnify the Seller in full against all loss (including loss of profit), costs (including any cost of labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

10.2 To cancel a Contract, you must log in to your BikeZaar account and select the relevant order. Then select the option to ‘Cancel the order’ under the heading ‘Other Messages’. The Seller will then respond to you directly. Your cancellation is effective from the date you cancel the order within your account.

10.3 If the Seller consents to your cancellation, we may:

(a) refund you the price you paid for the relevant Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop;

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method);

(c) make any refunds due to you as soon as possible on the credit card, debit card or other payment method used by you to pay.

10.4 If a Product has been delivered to you before you decide to cancel your Contract:

(a) then you must return it to the Seller as soon as possible. You can send it back to the Sellers’ returns address, located in the Seller’s returns policy which you will find by logging in to your BikeZaar account.

(b) you will be responsible for the cost of returning the Product to the Seller.

10.5 If you have ordered any bespoke or customised Products, you cannot cancel your Contract, unless your Product is faulty.

11. Delivery

11.1 Delivery will take place within the timescales set out on our site or as advised by the Seller.

11.2 If no one is available at your address to take delivery, the relevant courier will leave you a note confirming how alternative delivery can be arranged.

11.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

11.4 The Seller owns the Products until full payment has been made and the Product has been delivered to you. Responsibility for payment in full, including all applicable delivery charges, remains with you.

This Condition 11.5 only applies if you are a consumer.

11.5 If an arranged delivery date is missed, then you may cancel your order straight away.

11.6 If you do not wish to cancel your order straight away, or do not have the right to do so under Condition 11.5, you can set a new deadline for delivery, which must be reasonable, and you can cancel your order if the new deadline is not met.

11.7 If you choose to cancel your order for late delivery under Condition 11.5, you can do so for just some of the Products that you have ordered or all of them. If the Products have been delivered to you, you will have to return those Products that you wish to cancel, and we will pay the costs of this. After you cancel your order and return the relevant items we will refund any sums you have paid to us for the cancelled Products and their delivery.

12. International delivery

12.1 Sellers deliver to the countries listed on the relevant Seller’s page on the tab ‘Shipping Zones’. However, there are restrictions on certain International Delivery Destinations, so please review the information on that page carefully before ordering a Product.

12.2 If you order a Product from our Site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

12.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

12.4 You must comply with all applicable laws and regulations of the country for which the Product is destined. We will not be liable or responsible if you break any such law.

13. Price of Products and delivery charges

13.1 The prices of the Products will be as quoted on our Site at the time you submit your order. Sellers take all reasonable care to ensure that the price of a Product is correct at the time when the relevant information was entered onto the system. However please see Condition 13.5 for what happens if an error is discovered in the price of a Product that you ordered.

13.2 Prices for the Sellers’ Products may change from time to time, but changes will not affect any order you have already placed.

13.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

13.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

13.5 It is always possible that, despite our reasonable efforts, the Products on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a) where the correct price is less than the price stated on our Site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, Sellers do not have to provide the Products to you at the incorrect (lower) price; and

(b) if the correct price is higher than the price stated on our Site, the Seller will contact you as soon as possible to inform you of this error and will give you the option of continuing to purchase the Products at the correct price or cancelling your order. Your order will not be processed until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the order as cancelled and notify you in writing.

14. How to pay

14.1 You can only pay for Products using a debit card, credit card or via Paypal.

14.2 Payment for the Products and all applicable delivery charges is in advance.

15. Our liability if you are a business

This Condition 15 only applies if you are a business customer.

15.1 The Sellers only supply the Products for internal use by your business, and you agree not to use a Product for any resale purposes.

15.2 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence; or

(b) fraud or fraudulent misrepresentation.

15.3 Subject to Condition 15.2, we will under no circumstances whatever be liable to you, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

15.4 Subject to Condition 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

15.5 We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Product is suitable for your purposes.

16. Our liability if you are a consumer

This Condition 16 only applies if you are a consumer.

16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

16.2 We do not supply the Products. The Sellers only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.

17. Events outside of our control

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Condition 17.2.

17.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, heavy rainfall, adverse weather, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

17.3 If an Event Outside Our Control takes place that affects the performance of our obligations:
(a) we will contact you as soon as reasonably possible to notify you; and our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects delivery of the Products to you, a new delivery date will be arranged with you after the Event Outside Our Control is over.

17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact the Seller by logging in to your BikeZaar account. If you opt to cancel, you will have to return (at our cost) any relevant Products that you have already received and we will refund the price you have paid, including any delivery charges.

18. Communications between us

18.1 When we refer, in these Terms, to "in writing", this will include e-mail.

18.2 If you are a consumer you may contact us as described in Condition 1.2.

18.3 If you are a business:

(a) any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail;

(b) a notice or other communication shall be deemed to have been received:

(i) if delivered personally, when left at our registered office;

(ii) if sent by pre-paid first class post or other next working day delivery service, on the second Business Day after posting; or
(iii) if sent by e-mail, one Business Day after transmission;

(b) in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee; and

(c) the provisions of this Condition 18 shall not apply to the service of any proceedings or other documents in any legal action.

19. Other important terms

19.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of the Seller’s warranty in Condition 16 to the recipient of the gift without needing to ask for consent.

19.3 These Terms are between you and us. No other person shall have any rights to enforce any of their terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, we and you will not need the consent of a recipient of your gift of a Product to cancel or make any changes to these Terms.

19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.6 If you are a consumer, please note that these Terms are governed by English law. This means any dispute or claim arising out of or in connection with them will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

19.7 If you are a business, these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-Contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

19.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-Contractual disputes or claims).