Corporate Terms & Conditions
.TERMS AND CONDITIONS OF PORTSMOUTH CYCLE EXCHANGE LTD (CORPORATE)
Attention: These are Portsmouth Cycle Exchange Ltd Terms and Conditions of sale to which all purchases are subject. Please read these terms of sale carefully before placing your order and retain a copy of these terms and conditions and your order notification for future reference. We reserve the right to change these terms and conditions at any time, without notice. Any changes will take effect when provided to you. By placing an order with Portsmouth Cycle Exchange; you agree to be bound by these Terms and Conditions. This notice is issued by Portsmouth Cycle Exchange Ltd.
FORMATION OF THE CONTRACT
1. These Terms & Conditions apply to goods supplied directly by Portsmouth Cycle Exchange to you registered in England and Wales Portsmouth Cycle Exchange registered office is at Victoria Road North 4-6-8 Gothic Buildings PO5 1PH Portsmouth, Hampshire. All correspondence to be sent to c/o Online Portsmouth Cycle Exchange, Victoria Road North 4-6-8 Gothic Buildings PO5 1PH Portsmouth, Hampshire.
2. Acceptance of your order and the completion of the contract between us (Portsmouth Cycle Exchange Ltd) and you, (the customer), will take place when the goods have been paid for by you and despatched by us. Any email, order confirmation or other electronic acknowledgement by us of receipt of an order does not constitute legal acceptance by Portsmouth Cycle Exchange Ltd of your order.
3. In the event that there are any errors regarding price or description, we reserve the right to notify you as soon as possible and give you the options to proceed with this revised order at the correct price/description, or to cancel the order. In these circumstances, upon cancellation, your payment will be refunded in full.
4. The contract is subject to your cancellation rights. (SEE CLAUSES 34 - 40 INCLUSIVE)
5. Portsmouth Cycle Exchange Ltd reserves the right to amend these terms and conditions of sale without notice; any changes will take effect when provided to you the customer by Portsmouth Cycle Exchange Ltd.
6. Any dispute or claim that either you or Portsmouth Cycle Ltd may bring in relation to or in connection with these terms and conditions will be decided on the basis of English law by the English courts alone (unless you object and ask for a different jurisdiction or law apply).
The language of this contract is English, and any disputes arising under this contract shall be conducted in English, but if you would like a dispute to be heard in another language then Portsmouth Cycle Exchange Ltd will try to find ways to help.
7. You may have other rights granted to you by law in addition to those set out in these terms and conditions, which Portsmouth Cycle Exchange Ltd may not exclude. These terms and conditions do not affect those other rights granted by law. If you wish to obtain further information about your rights, you should speak to your local Citizen's Advice Bureau or Trading Standards Office.
ALL GOODS REMAIN THE PROPERTY OF PORTSMOUTH CYCLE EXCHANGE LTD UNTILL PAID IN FULL BY YOU THE CUSTOMER.
DESCRIPTION AND PRICE OF GOODS
8. The prices shown are only applicable to purchases made directly with PORTSMOUTH CYCLE EXCHANGE LTD. On occasions, the prices payable and promotions offered may differ from those prices and promotions offered at the same time by Portsmouth Cycle Exchange Ltd elsewhere we are under no obligation to honour any price or promotion that differs from those on our website. * Please note in some cases pictures provided may differ in colour due to year of goods production or screen resolution if viewed on a computer.
9. If an administrative error has resulted in an incorrect price being provided, we reserve the right to correct that price and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. You will be asked to email us to confirm that you wish to proceed at the correct price, however, should you choose not to do so, and your monies will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of pricing errors.
10. All goods are subject to availability and whilst stocks last. If on receipt of your order the goods you have ordered are not available in stock, Portsmouth Cycle Exchange Ltd will inform you by email or by telephone as soon as possible, and offer you an alternative product or refund or re-credit you for any sum that has been paid by the method of payment you provided at the point of order for the goods.
11. In addition to the price, you will be required to pay a delivery charge for the goods on certain purchases. This charge will be brought to your attention at the time you place your order for the goods by us PORTSMOUTH CYCLE EXCHANGE LTD.
PAYMENT AND PRICING
12. Payment for the goods and delivery charges can be made using any of the methods provided to you by Portsmouth Cycle Exchange Ltd. All Account payments terms are within 60 days from date of invoice, unless otherwise stipulated. There after we reserve the right to charge interest at 2.5% on the balance outstanding per month.
13. We accept payment by Cheque, BACS and most major credit / debit cards * Subject to a surcharge. Please ensure that the expiry date of your credit/debit card is after the anticipated despatch date of your order. Payment will be debited from your account just before the despatch of your goods, and if your payment card has expired, we will be unable to take payment and fulfil your order.
14. All large orders placed i.e. container loads may be requested to be paid either in advance or on receipt of the goods. Portsmouth Cycle Exchange Ltd may require a letter to be signed by a person in the correct position of authority within your company. This will be discussed between Portsmouth Cycle Exchange Ltd and you the customer at the point of order.
15. All prices are quoted in pounds sterling (£) and does not include Value Added Tax (VAT) at UK rates where appropriate. It may be necessary to adjust prices in the event of an increase in VAT rates, or as a result of a manufacturer price increase. Customers are entitled to a full refund if this is not acceptable.
Portsmouth Cycle Exchange Ltd VAT Registration No is: 446872122
16. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
17. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Portsmouth Cycle Exchange Ltd will validate the names, addresses and other information supplied during the order process against commercially available records (e.g. Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the Portsmouth Cycle Exchange Ltd you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998. These measures are taken as extra protection for you, to ensure your experience with us is as safe and secure as possible.
*Portsmouth Cycle Exchange Ltd will provide you with a set of rates; these rates may change and will be effectively communicated to you.
*Portsmouth Cycle Exchange Ltd can also provide you with additional rates and products as requested by you the customer.
*Portsmouth Cycle Exchange Ltd required the following information when placing an order by email or telephone call. Where will the goods be used, Gender type of the operators role, location and purpose. This ensures Portsmouth Cycle Exchange Ltd recommends and provides the correct product for your cycling needs.
· Any bespoke design or large quantities of products that are ordered must be discussed and providing in writing. This will action the manufacturing of the goods by Portsmouth Cycle Exchange Ltd.
· Portsmouth Cycle Exchange Ltd will attend your chosen location and conduct a site and goods request. Where possible Portsmouth Cycle Exchange Ltd will provide a test bicycle or similar specification to ensure the required goods meet you the customers’ needs.
· Any bespoke or large quantity of bicycles orders cannot be cancelled once submitted to Portsmouth Cycle Exchange Ltd by you the customer along with your purchase order number. Portsmouth Cycle Exchange Ltd will require the balance to be paid in full.
*Portsmouth Cycle Exchange Ltd will confirm receipt of your order by sending an email to you, using the address you supplied when placing the order or by telephone call. Contact is only made to acknowledge the order and does not constitute legal acceptance by us of your order.
*All orders placed with Portsmouth Cycle Exchange Ltd are subject to stock availability and to the validation checks described as above in section 15, 16 & 17. Also please refer to section 8.9 &10 above regarding incorrect prices. No contract will exist until payment has been received and goods have been dispatched. This will be deemed to be our acceptance of your order and to have been effectively communicated to you.
*Please note that the only language in which the contract can be concluded is English. Portsmouth Cycle Exchange Ltd will retain details of your order in our database and these details can be made available on request.
· Container delivery's will normally be sent direct to the customer location. Portsmouth Cycle Exchange Ltd will provide you with an exact delivery date when payment is made and the manufacturer has informed Portsmouth Cycle Exchange Ltd.
18. Goods ordered will be delivered to the address you provide when you place your order.
19. We do our best to ensure availability of all advertised products and endeavour to despatch all parts within the quoted time. If there is a delay we will inform you of this via email and the product will be despatched as soon as it is available. If your order contains more than one product the individual products may, on occasions, be sent on multiple dispatches at no extra charge.
20. If delivery cannot be made to your address, Portsmouth Cycle Exchange Ltd will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by the method of payment you provided at the point of order for the goods.
21. Every effort will be made to deliver the goods as soon as possible after your order has been accepted, normally between 2-3 working days and in any event within 28 days of your order. However, Portsmouth Cycle Exchange Ltd will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, Portsmouth Cycle Exchange Ltd will inform you as soon as possible.
22. The delivery charge for selected items will be provided to you the point of order.
23. We make every effort to keep our delivery charges as low as possible. The delivery charge depends on the size and weight of the product ordered and the delivery service option available.
24. Most of our products are Free Standard Delivery, or the delivery option and charges will be specified to you at the point of order.
25. Free Standard delivery of stocked items is normally within 3– 5 working days. Delivery times are calculated in working days - i.e. Monday to Friday inclusive (working days does not include weekends or National Bank Holidays). In case of Bank Holidays please allow an extra 2 working days.
26. Your order will be delivered either by Royal Mail, Royal Mail Recorded Delivery or by courier. A signature is required for ALL Royal Mail Recorded Delivery and courier deliveries. Goods delivered by courier should arrive between 8.30am and 5.30pm; however our couriers may attempt delivery outside these hours, Monday to Friday. All courier deliveries must be signed for.
27. For deliveries to non-mainland UK addresses and certain remote locations e.g. Scottish Isles, Isle of Man, Isle of Wight, Northern Ireland and the Scottish Highlands there may be an additional delivery charge and slightly longer delivery lead-time. This charge will be effectively communicated to you, via telephone or email where we will notify you of the additional charges. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. You will be asked to email us to confirm that you wish to proceed at the correct price.
28.If an item arrives and it appears to be damaged or faulty please sign for the item as damaged or faulty and contact us Portsmouth Cycle Exchange Ltd in the first instance by calling 02392 160816 or emailing email@example.com
29. You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.
30. We reserve the right to alter or amend delivery times in exceptional circumstances.
31. We do everything we can to meet the delivery time specified in this section, however occasionally delivery times may be affected by factors beyond our control and cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
32. Delivery times quoted above can vary depending on stock availability and delivery location.
33. We can deliver to most addresses in the U.K. Unfortunately we are unable to deliver some items to some non-UK destinations, including the Republic of Ireland. We are unable to deliver items to BFPO / PO BOX addresses unless they will fit in a Jiffy bag. Please contact us if you require further details. All goods are subject to availability.
Portsmouth Cycle Exchange Ltd will happily exchange or refund any item purchased at Portsmouth Cycle Exchange Ltd in line with our online returns process.
34. Your Right of Cancellation. Should you receive your purchase and decide that you no longer require the goods for whatever reason, they can be returned within 7 working days of your receipt of the goods. To return the goods, please email firstname.lastname@example.org detailing the reason for your return.
35. We at Portsmouth Cycle Exchange Ltd will confirm what process to follow to return your item. You must then return the goods as soon as you are able to do so. Portsmouth Cycle Exchange Ltd will not cover the cost of returning the goods. Please note that the item is returned to us in its original and unused condition (including in its original packaging), along with the wrapping and delivery note (as proof of purchase) Please post or use your own courier, include the details of why it is being returned, along with your customer order number and your personal details. All items returned by post (unless faulty) are returned at your cost. You are advised to obtain a certificate of posting when returning items by post. If you post your item(s) back to us, we will endeavour to send you a replacement or refund your payment within 7 days. Alternatively Portsmouth Cycle Exchange Ltd may be able to collect and replace the goods please call us to discuss.
36. Returns are normally processed within three working days; however some items may be sent to the manufacturer for inspection and may take longer for the refund to be refunded in to your account or on your card.
37. You must take reasonable care to ensure the goods are not damaged until they are returned to Portsmouth Cycle Exchange Ltd. Using the goods before returning them within the allotted 7 day period does not constitute taking reasonable care of them. If you use the goods before returning them to us you will be responsible for the costs of us reconditioning those goods. Portsmouth Cycle Exchange Ltd may set off the cost of refurbishing the goods against the sums that you have paid for the goods, including any applicable VAT payable, if the goods are used prior to being returned under this clause. This does not affect your statutory rights.
38. Returned goods must be unused and supplied with their original packaging the item was sent in or will not be accepted as a return by Portsmouth Cycle Exchange Ltd.
39. We do not accept returns on clothing unless the item is still in a saleable condition. I.e. has not been worn and displays the price tag.
40. Portsmouth Cycle Exchange Ltd is committed to ensuring that all products are to the highest standard. All our products have a 1 year manufacturers guarantee from the date of delivery should you experience a problem within this period please contact us at email@example.com or telephone 02392 815918. Portsmouth Cycle Exchange Ltd will then either try to resolve your issue over the phone or arrange for the goods to be collected and inspected and returned to you. If the fault cannot be identified then we will notify you the customer and arrange a replacement or refund.
SERVICING AND REPAIRS
Portsmouth Cycle Exchange Ltd will carry out servicing and repairs on goods that are requested by you the customer. This may be in line with Portsmouth Cycle Exchange Ltd Bicycle asset management.
41. Portsmouth Cycle Exchange Ltd requires that any goods submitted for repair are made readily available to Portsmouth Cycle Exchange Ltd for collection and repair or at an agreed location. Please note an aborted journey charge may apply for any goods that are not made available for pre-arranged servicing and repair.
42. If the goods are part of Portsmouth Cycle Exchange Ltd Bicycle Asset Management we will inform you the customer that a service needs to be carried out and ask that the goods are provided to Portsmouth Cycle Exchange Ltd to ensure we follow the procedures put in place.
43. Portsmouth Cycle Exchange Ltd in line with recommendations provides annual servicing however servicing may be required in the interim period.
44. You must take reasonable care to ensure the goods are maintained between servicing dates or communicate to Portsmouth Cycle Exchange Ltd that a service may be required. Portsmouth Cycle Exchange Ltd Cy– Tech Qualified Mechanics will then assess the goods and provide a service quote.
Portsmouth Cycle Exchange Ltd will assist and provide you with relevant servicing advice and information.
45. Portsmouth Cycle Exchange Ltd recommends that goods such as bicycles are stored away from water and protected from all weathers i.e. located at a bike hut or station, shed garage etc.
46. Any goods serviced and maintained by Portsmouth Cycle Exchange Ltd will be assigned an Asset record card detailing all work carried out along with a date and breakdown of any spares and parts used. Portsmouth Cycle Exchange Ltd will also make a note of the frame or tag number with the owner, area and additional items with the goods when available.
47. Portsmouth Cycle Exchange Ltd will apply a negligence charge when applicable on courtesy bicycles provided by Portsmouth Cycle Exchange Ltd.
48. Portsmouth Cycle Exchange Ltd will advise that a bicycle may be deemed BER beyond economical repair and provide you with a quote suggesting the bicycle be scrapped. In some cases a repair cost may be higher than the cost of a replacement bicycle. Portsmouth Cycle Exchange Ltd will notify you if the instance arises.
49. Portsmouth Cycle Exchange Ltd may be able in some cases to scrap the bicycles or offer you a small fee or part exchange for any bicycles that we deem not fit for purpose.
50. Please note in some cases servicing and repair may take longer to complete if the goods require a more detailed service and the parts needs to be sourced within our supply chain.
51. Portsmouth Cycle Exchange Ltd will store all asset information to ensure we have a robust system that flags when a service is required on a particular item. Portsmouth Cycle Exchange Ltd asks that you provide a point of contact to ensure all servicing is arranged and completed.
52. Bicycle Asset management and admin fees may apply and will be provided to you the customer.
LIMITATION OF LIABILITY
53. Portsmouth Cycle Exchange Ltd shall not be liable for the death or personal injury arising from your negligence. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 55 – 58 INCLUSIVE.
54. Portsmouth Cycle Exchange Ltd shall not be liable for any losses (except for those set out in Clause 53 above) which were not reasonably foreseeable at the time of entering into a contract with Portsmouth Cycle Exchange Ltd (whether or not caused by Portsmouth Cycle Exchange Ltd.'s negligence).
55. For the liability not covered by Clause 53 above, Portsmouth Cycle Exchange Ltd will not be responsible for any loss that could not have been expected to occur in advance of the loss occurring or any loss of any opportunity by you (including an opportunity for you or someone else to make, save or use money).
56. For all Portsmouth Cycle Exchange Ltd.'s liability not covered by Clause 53 above, you accept that Portsmouth Cycle Exchange Ltd.'s maximum financial responsibility to you will be the price of the goods even if the actual loss you suffer is more than that.
57. The price of the goods has been calculated on the basis that Portsmouth Cycle Exchange Ltd will exclude or limit its liability as set out in the contract. If you want Portsmouth Cycle Exchange Ltd to take on more liability then please let Portsmouth Cycle Exchange Ltd know and Portsmouth Cycle Exchange Ltd will let you have a revised price
58. All goods supplied by Portsmouth Cycle Exchange Ltd are warranted free from defects for period stated within the product packaging from the date of supply. This warranty does not affect your statutory rights.
59. This warranty does not apply to any defect in the goods arising from fair wear and tear (such as worn out filters, belts and brush bars), willful damage, accident, negligence by you or any third party, use otherwise than as recommended by Portsmouth Cycle Exchange Ltd, failure to follow manufacturer's instructions, or any alteration or repair carried out without approval from Portsmouth Cycle Exchange Ltd.
60. If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify Portsmouth Cycle Exchange Ltd in writing at the address, fax number or email address shown below.
61. These terms and conditions of sale and the supply of the goods will be subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.
62. All comments, queries and requests relating to the use of your information are welcomed and should be addressed to firstname.lastname@example.org
63. Portsmouth Cycle Exchange Ltd is happy to answer any questions relating to our services, offer advice, provide safety information for tool box talks, safety processes and assist with any queries you may have. Please do not hesitate to contact us on 02392 815918 or email@example.com
64. Portsmouth Cycle Exchange Ltd prides itself on delivering complete customer satisfaction on its entire product and services any complaints should be placed in writing, and addressed to c/o Director Stephen Harris at firstname.lastname@example.org