Terms & Conditions
TERMS AND CONDITIONS OF SALE PORTSMOUTH CYCLE EXCHANGE LTD (PUBLIC)
Please note Corporate Terms & Condition’ available on request.http://cycle-exchange.co.uk/corporate
Please see Cycle Hire Terms & Conditions.http://cycle-exchange.co.uk/cycle-hire-service-terms-conditions
Please see Cycle Training Terms & Conditions. http://cycle-exchange.co.uk/cycle-training-terms-conditions
Attention: These are Portsmouth Cycle Exchange Ltd online web site Terms and Conditions of sale to which all online 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 for future reference. We reserve the right to change these terms and conditions at any time, without notice. Any changes will take effect when posted on this website by using the Portsmouth Cycle Exchange Ltd; 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 Ltd to you registered in England and Wales Portsmouth Cycle Exchange Ltd 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 Ltd, 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 - 44 inclusive).
5. Portsmouth Cycle Exchange Ltd reserves the right to amend these terms and conditions of sale without notice; it is your responsibility to check regularly before ordering.
6. Any dispute or claim that either you or Portsmouth Cycle Exchange 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 EXCHANGELTD UNTILL PAID IN FULL BY YOU THE CUSTOMER.
DESCRIPTION AND PRICE OF GOODS
8. The prices shown are only applicable to purchases made via the Portsmouth Cycle Exchange Ltd online website. On occasions, the prices payable and promotions offered in store or online may differ from those prices and promotions offered at the same time by Portsmouth Cycle Exchange Ltd on other sites. We are under no obligation to honour any price or promotion that differs from those on our website.
9. If an administrative error has resulted in an incorrect price being displayed, 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 at the checkout pages.
12. Payment for the goods and delivery charges can be made using any of the methods shown on the Portsmouth Cycle Exchange Ltd website at the time that you place your order. We accept payment by most major credit / debit cards or via PayPal. 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.
13. Alternatively if available you can pay by using a finance option. Please note that if you choose to pay by finance, your order will not be despatched until all agreements and signatures have been verified.
14. All prices are quoted in pounds sterling (£) and 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
15. 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.
16. 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 website 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 online shopping experience with us is as safe and secure as possible.
Our online store can only accept orders for delivery to UK .
To order goods from our online store; you need to select your required items from the product information page(s) they appear on. These pages can be accessed by selecting one of our main product categories, from the list of categories displayed on the left hand side of your screen. To place an order online, go to the product information page and then follow the steps outlined below:
*Product Information Page: Simply click the ’Add to Cart’ button on the product information page. (If the product is out of stock this will be clearly displayed on the website)
*Shopping Basket Page: After making your selections, click on the ’The Shopping Cart, check out button. You will be able to review / amend and select your chosen delivery option on your order before proceeding through the checkout pages.
*Address Page: We will then ask for details of your billing /delivery address (where your debit/credit card is registered), and email/phone contact details so we can contact you if we need to discuss your order. Please complete your details in the appropriate boxes and click the ‘Continue’ button.
*Apply a coupon name or number and confirm your order.
*Payment Page: Select your preferred payment method and complete the details required and select Make Payment.
*Confirmation Page: This will generate and transmit your order and display a page confirming your order number and customer information for your records. Unfortunately, due to the speed of our order processing, you will not be able to amend your order after pressing the ‘Make Payment’ button, so please check all details are correct before placing your order
*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 with our website 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 on the Portsmouth Cycle Exchange Ltd website are subject to stock availability and to the validation checks described as above in section 15 & 16. 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.
17. Goods ordered will be delivered to the address you provide when you place your order.
18. 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.
19. 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.
20. 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.
21. The delivery charge for selected items will be added automatically, chosen delivery options can be selected by you (the customer) using the drop down box.
22. 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.
23. You can choose, if available our Free Standard Delivery, Special Weekend Delivery Service or Collection in person (collect the goods from our store) delivery option.
24. Free Standard delivery of stocked items is normally within 1-2 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.
25. 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. If you are out when the courier arrives the courier will leave a card with the contact number for you to call to arrange a suitable time for redelivery or for you to collect the goods from the local depot.
26. 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.
27.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 815918 or emailing email@example.com
28. 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.
29. We reserve the right to alter or amend delivery times in exceptional circumstances.
30. 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.
31. Delivery times quoted above can vary depending on stock availability and delivery location.
32. 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.
33. Where a person attempts to buy goods where minimum age limits apply, the contract will be deemed void where the individual is below the required age limit.
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. All items returned by post (unless faulty) are returned at your cost. 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. 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.
Please note Portsmouth Cycle Exchange Ltd makes every effort to ensure you order the correct item by providing you with contact details to gain advice and a size guide area where you are advised on which bike size is suitable for your height. This is to assist in eliminating returns through incorrect purchases and ensure customer satisfaction.
35. We at Portsmouth Cycle Exchange Ltd will confirm what process to follow to return your item or any damaged items. (This may include asking you the customer to provide photograph's of the damage to us via email) 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. Please note if the item is found not faulty by the returns department the return postage will not be reimbursed.
Raleigh Orders: Please Note on some Raleigh returned items, collection may be arranged direct from you the customer and not be needed to returned to Portsmouth Cycle Exchange Ltd, this is on a case by case basis and you will be informed by Portsmouth Cycle Exchange Ltd when following the above returns process detailed in clauses (34) and (35)
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. Faulty goods Portsmouth Cycle Exchange Ltd is committed to ensuring that all products are to the highest standard. All our products have a 12 month manufacturers guarantee from the date of delivery should you experience a problem within this period please contact us at email@example.com
41. In some instances a refund may not be made immediately when a faulty item has been returned to Portsmouth Cycle Exchange Ltd. The item will be tested and the fault/problem identified. Upon identification of this, we will repair the fault. Portsmouth Cycle Exchange Ltd will provide a replacement part if required for any faulty items or a full refunded including postage costs.
42. If the fault cannot be identified we will contact you and offer you a replacement or full refund. If a replacement part or item is out of stock a full refund will be made to your account or card.
43. We will credit full return postage costs up to £25 on items that were either faulty or not as specified. However if the item selected by the customer was deemed unsuitable or the incorrect size the postage cost will not be refunded. Portsmouth Cycle Exchange Ltd recommend you send all returns by Recorded delivery and gain proof of postage.
44. In certain cases Portsmouth Cycle Exchange Ltd may not be able to provide the goods, or carry out some of its other duties under contract, because of something that is beyond Portsmouth Cycle Exchange Ltd reasonable control. This could include war, an act of terrorism, widespread goods, fuel or power shortages, fire, flood, severe weather, other natural disasters, equipment failure or an accident that is not Portsmouth Cycle Exchange Ltd fault. If this happens then Portsmouth Cycle Exchange Ltd will not be responsible for so long as the effects of the event continue for any failure to provide the goods. Portsmouth Cycle Exchange Ltd will continue to try to provide the goods as soon as possible despite any such events.
LIMITATION OF LIABILITY
The majority of card issuers cover all the charges that may result from unauthorised use of your credit card or debit cards, but some may limit your liability to £50. If you believe your credit or debit card has been subject to unauthorised use you should contact your card issuer without delay.
45. 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 47 – 52 INCLUSIVE
46. Portsmouth Cycle Exchange Ltd shall not be liable for any losses (except for those set out in Clause 45 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 negligence).
47. For the liability not covered by Clause 45 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).
48. For all Portsmouth Cycle Exchange Ltd liability not covered by Clause 45 above, you accept that Portsmouth Cycle Exchange Ltd maximum financial responsibility to you will be the price of the goods even if the actual loss you suffer is more than that.
PRODUCTS & WARRANTY
Where applicable, details of manufacturers' guarantees or service arrangements will be provided with the product. After sales service and warranty/guarantee claims will initially be dealt with by us on 02392 815918 or by emailing firstname.lastname@example.org.
49. 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.(Usually 12 months warranty included) This warranty does not affect your statutory rights.
50. This warranty does not apply to any defect in the goods arising from fair wear and tear (such as worn out tyres, brake pads, grips, saddles, and cables etc. Wilful 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.
51. If prior approval is not requested by Portsmouth Cycle Exchange Ltd, please ensure that you have read your warranty conditions before attempting to install a part or otherwise repair item. We recommend that use a trained cycle technician or bicycle mechanic. Portsmouth Cycle Exchange Ltd cannot be held responsible if the item is damaged or your warranty is voided. Some manufacturer guarantees may be on condition that you use a qualified cycle technician not a competent person.
52. 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 above address, or email email@example.com
53. Colours, Specifications, Weights & Sizes
Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices. All weights and sizes are supplied as a guide only and are approximate.
54. Safe Shopping Guarantee
We have used every effort to ensure that shopping on the Internet with Portsmouth Cycle Exchange Ltd is as safe as purchasing by card in a regular store. Our secure server software encrypts all of your personal information sent over the Internet. In processing your order, your information may have to be sent over the Internet more than once. At no point is your order information sent in this way without encryption.
Although we endeavour to take all reasonable steps to protect your personal information, we cannot guarantee the complete security of any data you disclose online. You accept the inherent security risks of providing personal information and dealing online over the Internet and Portsmouth Cycle Exchange Ltd cannot be held responsible for any breach of security.
COMPLAINTS & COMMENTS
55. If you are not happy with any aspect of our online service, discover a fault with our website, or if you have any queries or comments relating to an order placed online, please contact us and we will do everything we can to help you. Please place your complaint or comments in writing to Director at firstname.lastname@example.org or telephone 02392 815918.
We welcome all feedback that can improve our website and service. Portsmouth Cycle Exchange Ltd is committed to 100% satisfaction and will respond to all complaints as soon as we are made aware to achieve a positive outcome.
Your access to the Portsmouth Cycle Exchange Ltd website may occasionally be restricted to allow for the introduction of new products or features, site development, maintenance or repairs. We will attempt to restore the service as soon as we reasonably can.