STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS
These Terms and Conditions are the standard terms for the sale of goods by DRBikes Limited, a Private Limited Company registered in England and Wales under Company registration number 8941457, whose registered address is 20 – 22 Wenlock Road, London N1 7GU and whose main trading address is Unit 2, Pressmore Lodge, Ashley Green Road, Chesham, Buckinghamshire HP5 3PF.
1. DEFINITIONS AND INTERPRETATIONS
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “Business Day”: means any other day than a Sunday or Bank Holiday;
- “Calendar Day”: means any day of the year;
- “Commericial Unit”: means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
- “Contract”: means the contract for the purchase and sale of Goods, as explained in Clause 3;
- “Goods”: means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
- “Month”: means a calendar month;
- “Price”: means the price payable for the Goods;
- “Special Price”: means a special offer price payable for Goods which We may offer from time to time;
- “Order”: means your order for the Goods
- “Order Confirmation”: means Our acceptance and confirmation of your Order as described in Clause 3;
- “We/Us/Our”: means DRBikes Limited, a Private Limited Company registered in England and Wales under Company registration number 8941457, whose registered address is 20 – 22 Wenlock Road, London N1 7GU and whose main trading address is Unit 2, Pressmore Lodge, Ashley Green Road, Chesham, Buckinghamshire HP5 3PF.
Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, or other means.
2. INFORMATION ABOUT US
DRBikes Limited, a Private Limited Company registered in England and Wales under Company registration number 8941457, whose registered address is 20 – 22 Wenlock Road, London N1 7GU and whose main trading address is Unit 2, Pressmore Lodge, Ashley Green Road, Chesham, Buckinghamshire HP5 3PF.
3. THE CONTRACT
- These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
- Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
- A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
- We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
- The main characteristics of the Goods;
- Our identity (set out above in Clause 2) and contact details (set out below in Clause 10);
- The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
- Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
- Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
- Our complaints handling policy;
- We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;
- Where applicable, details of after-sales services and commercial guarantees;
4. DESCRIPTION AND SPECIFICATION OF GOODS
- We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to differences in the colour reproduction of electronic displays.
- If you receive any Goods that do not conform to the Contract, please refer to our Returns Policy
- If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in our Returns Policy. If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
- We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
- All Orders for Goods made by you will be subject to these Terms and Conditions.
- You may change your Order at any time before We despatch the Goods by contacting Us. Requests to change Orders need to be made in writing.
- If your Order is changed We will inform you of any change to the Price in writing.
- You may cancel your Order at any time before We despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 7 Working Days. If you request that your Order be cancelled, you must confirm this cancellation in writing.
- We may cancel your Order at any time before We despatch the Goods in the following circumstances:
- The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
- An event outside of Our control continues for more than 10 Working Days (please see Clause 9 for events outside of Our control).
- If we cancel your Order under Clause 5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 7 working days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
6. PRICE AND PAYMENT
- The Price of the Goods will that shown in Our online shop in force at the time of your Order. If the Price shown your Order differs from Our current Price We will inform you upon receipt of your Order
- If we quote a Special Price which is different to the Price shown in Our online shop, the Special Price will be valid for the time specified at the point of quotation.
- Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
- We have made every reasonable effort to ensure that Our Prices, as shown in Our online shop are correct. Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price. If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.
- All prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
- All payments for Goods must be made in advance before We can despatch the Goods to you.
- We accept the following methods of payment:
- Card payment via Our online shop processing partner
- Bank Transfer to Our account
- Gift Cards as issued by Us
We will advise you of a Guarantee of Goods purchased from Us.
- Goods that are provided with a manufacturer’s guarantee, please refer to the manufacturer’s guarantee documentation supplied with the Goods.
- The manufacturer’s guarantee exists in addition to your legal rights as a consumer. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office
- Any guarantee does not apply to any defects in the Goods caused by
- Normal wear and tear;
- Deliberate damage and / or misuse of the Goods;
- Accidental damage;
- Failure to use the Goods in accordance with their instructions; or
- The alteration or repair by you or any third party that is not authorised by Us.
- Any guarantee exists in addition to your legal rights as a consumer. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
8. OUR LIABILITY
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or subcontractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- Goods are supplied for personal use and as laid out in the descriptions as provided with the items in Our online store. Goods that are used for purposes other than intended please note that by making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or subcontractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
9. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
- If the event outside of Our control continues for more than 14 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
- If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause above.
10. COMMUNICATION AND CONTACT DETAILS
- If you wish to contact Us, you may do so by telephone at 01494 77 88 48 or by email at firstname.lastname@example.org.
- In certain circumstances you must contact Us in writing (when cancelling an Order, for example). When contacting Us in writing you may use the following methods:
- Contact Us by email at email@example.com; or
- Contact Us by sending a letter to DRBikes Limited, Unit 2, Pressmore Lodge, Ashley Green Road, Chesham, Buckinghamshire HP5 3PF – please mark for the attention of Customer Service.
11. COMPLAINTS AND FEEDBACK
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- All complaints are handled in accordance with Our complaints handling policy and procedure.
- If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways
- In writing, addressed to Mr D Randall, Managing Director, DRBikes Limited, Unit 2, Pressmore Lodge, Ashley Green Road, Chesham, Buckinghamshire HP5 3PF
- By email addressed to Mr D Randall, Managing Director at firstname.lastname@example.org
- By contacting Us by telephone on 01494 77 88 48
12. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
We are registered with the Information Commissioners Office, registration reference: ZA311960
All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act and compliance with GDPR 2018.
We may use your personal information to:
- Provide Our Goods and services to you;
- Process your payment for the Goods; and
- Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
We will not pass on your personal information to any other third parties.
13. OTHER IMPORTANT TERMS
- We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your [other] obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
14. GOVERNING LAW AND JURISDICTION
- These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of United Kingdom
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause above takes away or reduces your rights as a consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency