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Website Standard Terms and
Conditions Applicability 1. You, the consumer, by accessing this
Website, have agreed to be bound by our terms and conditions as set out below.
We are Bicycle Seat UK LLP (Company No. OC341598)
trading as ECD, with registered offices at 65 New Cavendish Street, London, W1G
7LS Governing Law 2.
You agree that in the event of any
dispute of any nature that may arise between you and us, these terms and
conditions shall be governed by and construed exclusively in accordance with
the law of England and Wales. Disclaimer 3.
You understand and accept that to
the fullest possible extent permitted in law, we accept no responsibility for
any loss or damage or injury caused to you or your hardware or software whether
we cause such loss or injury directly or indirectly. Copyright and Plagiarism 4.
You acknowledge and will respect
all such copyright and other intellectual property rights we own or may own in
the look and feel of the Website and its contents including any sounds, music,
text, graphics, data, stills, photographs and moving images. Such intellectual
property rights shall include all registered and unregistered intellectual
property rights of any type or nature. You further agree that you will not
infringe our copyright or any other intellectual property rights by any method
or manner. Purchase Terms 5.
In the event that you buy any
goods or services using our Website you will be bound by such terms as are
notified by us to you on the Purchase Order that you will be sent once you have
confirmed your order as indicated on the Website or on the Purchase Order
itself. 6. In the absence of any Purchase Order
being sent by us to you, the terms will be as specified within these terms and
conditions or those specified on the Website itself concerning the price of the
goods, the methods of acceptable payment and the timing of such payments, and
the requirement by you to pay such additional carriage and freight charges as
may be specified on the Website. 7.
We have no responsibility to
supply to you any goods or services as may be advertised for sale or supply on
our Website. When you place the order for goods or services, you are making a
legal offer to us, which we may or may not decide to accept. A legally binding
contract will exist between us when you receive written confirmation from us
(by e-mail or otherwise) that confirms your order. 8.
In the event of any discrepancy
between the terms and conditions specified or highlighted on the Website, and
these terms and conditions, and or such terms and conditions as are specified
in the Purchase Order, the prevailing terms will be those most favourable to
us. Variation 9.
No terms agreed between us will be
varied unless such a variation has been agreed by us in writing. Cancellation and Returns: Goods 10. You may return such goods as are supplied
by us to you provided: you return the goods to us within 14 days of receipt by
you; the goods are returned in their original packaging; the goods are returned
at your expense to the return address specified on the Purchase Order or as
specified on any confirmation order that accompanied the goods; the goods are
in no worse a condition than when they were supplied to you by us; the goods
are not of a type specified, or are supplied in circumstances as being,
“non-returnable”. If these conditions are met we will refund you for the amount
you originally paid for the goods within 30 days from the date we receive the
goods back from you. Cancellation and Returns:
Services 11.
You may cancel an order for the
supply of services by us to you within 7 days from the day you made payment
provided we have not incurred any identifiable costs as a result of your order
and the nature of the services intended to be supplied are not of a type
specified by us or by law, as being exempt from cancellation. You confirm that
such requirements as need to be met by us under The Consumer Protection
(Distance Selling) Regulations 2000 (S.I. No 2334) have in fact been met. If
these conditions are met we will refund you the amount you originally paid for
the supply of the services within 30 days from the date we received notice of
cancellation. Non-Returnable Goods 12. In the following circumstances goods shall
be treated as being “non-returnable”: where the price of the goods was
dependent on fluctuations in the financial market outside of our control; where
the goods have been at your request personalised; where the goods by their
nature cannot be returned (we are legally unable to refund or exchange helmet
returns so please take care when choosing such a product. If the helmet is
faulty we will return it to the manufacturer for a warranty claim where
possible); all audio or video recordings or computer software if the seal has
been broken or tampered with in any way; goods which by their nature for
hygienic reasons cannot be resold once returned. DELIVERY
COSTS 13. Our standard delivery prices for postage
and packing to addresses in mainland UK are as stated on our Website and
accepted by you at the date of placing the order. Goods sent to addresses in mainland UK shall be
delivered by Royal Mail (or similar provider) recorded delivery and shall be
deemed received the second day after posting. For orders to mainland Europe and further afield
we will quote you the best delivery option. We shall then despatch upon receipt
of confirmation by you (by email) that you are happy with that cost. Non Cancellation of Specified
Services 14.
The order from you to us for the
supply of services cannot be cancelled in the following circumstances: where
the price of the supply of the service was dependant on fluctuations in the
financial market outside of our control; where the request for the service
required us to incur costs at your request prior to the cancellation period (in
which case you will only be refunded for only the difference between the costs
we incurred and the payment made by you to us for service); where the supply of
the service was for a particular service on a specific date or within a
specified period. Ownership of the Goods and
Risks 15.
You will own the goods once they have
been paid for and sent by us to you, and you will therefore be responsible for
all risks of whatever nature that arise once the goods have been dispatched in
good order by us to you. You are advised to take out adequate insurance cover
for such eventualities. Rights of Third Parties 16.
This agreement is between you and us
and not any third party, and this agreement is not intended to confer any
rights of any nature upon any party other than you and us. Privacy and Data Protection 17.
We agree to be bound by any
prevailing law, judgement, directive or Statutory Instrument that imposes upon
us restrictions concerning the use in any manner of confidential information
supplied by you to us including credit card or bank details, any user name and
or password supplied by you to us, and other details relating to your personal
and financial circumstances. For the avoidance of doubt no credit card details are stored on the Website or
shared with third parties. 18.
However, we reserve the right to
trade with any third party details relating to the date of your purchase, the
nature of the goods or services you bought, the method by which and how much
you paid for the goods or the services. 19.
As a result of accessing our Website
a “cookie” has been stored on your web browser that enables us to provide
restricted information to third parties. If you wish to remove the cookie or
check that the information stored is accurate please refer to the Internet
options on your Internet Explorer,or other such system that serves the same
function. Communications from Us to You 20. If you have any queries or concerns
relating to our Website or our products or services or these terms and
conditions please forward your query to the following email address:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
21.
If you do not wish to receive
unsolicited information about future products or services from us, then please
inform us in the manner specified on our Website or email us as indicated above
simply stating: UNSUBSCRIBE. LIMITATION ON LIABILITY 22. Advice
given by agents or servants of this company during telephone/Internet orders is
based entirely upon information given by
the purchaser. Where advice is given after visual inspection by agents or
servants of this company, such advice shall amount to an opinion only and the
company shall not accept liability for any inaccuracies. Additionally, goods
supplied are supplied only to correspond to the purpose for which goods of that
kind are commonly supplied and not alternative uses to which they may be put.
No liability for failure can be accepted by this company for such alternative
use, amendment or modification. 23. We do not accept any liability for any
direct, indirect, or consequential loss of business, reputation, financial losses, expected business
developments, injury, distress, damages, loss of profit and /or contracts
and/or any other business, costs and expense (except personal injury and death
directly caused by our negligence and recoverable on that ground) from any use
of our Website or our goods or services. 24. No liability is accepted by the company
where purchasers attempt to modify or install components supplied where it is
known or ought reasonably to be known that the part supplied is incorrectly
supplied, defective or otherwise not in accordance with the order. The company accepts no liability in
respect of failure to supply or other interruptions caused by matters beyond the
reasonable control of the company, including strikes, lockouts, civil disputes,
acts of God, war or actions by third parties. |
Thursday, 29 July 2010
