Store Terms & Conditions 2018-02-14T14:52:21+00:00

TERMS AND CONDITIONS OF FORTUNATENESS LTD TRADING AS PORTSMOUTH CYCLE EXCHANGE (PUBLIC)

Attention: These are Fortunateness Ltd Trading as Portsmouth Cycle Exchange online and in-store 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 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 Fortunateness Ltd Trading as Portsmouth Cycle Exchange website; you agree to be bound by these Terms and Conditions. This notice is issued by Fortunateness Ltd Trading as Portsmouth Cycle Exchange.

FORMATION OF THE CONTRACT

  1. These Terms & Conditions apply to goods supplied directly by Fortunateness Ltd Trading as Portsmouth Cycle Exchange limited to you registered in England and Wales with company no, 10911027 (“FORTUNATENESS LTD TRADING AS PORTSMOUTH CYCLE EXCHANGE”) Fortunateness Ltd Trading as Portsmouth Cycle Exchange registered office is at 3 Marsh Court Farm, Romsey Road Stockbridge, Hampshire S020 6DF. All correspondence to be sent to c/o Director Fortunateness Ltd Trading as Portsmouth Cycle Exchange, 4/6/8 Gothic Buildings, Victoria Road North Southsea, Portsmouth, Hampshire, PO5 1PH.
  2. Acceptance of your order and the completion of the contract between us (Fortunateness Ltd Trading as Portsmouth Cycle Exchange) and you, (the customer), will take place when the goods have been paid for by you and despatched or provided by us. Any email, order confirmation or other electronic acknowledgement by us of receipt of an order does not constitute legal acceptance by Fortunateness Ltd Trading as Portsmouth Cycle Exchange of your order.
  3. If 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 20 -40 INCLUSIVE).
  5. Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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 Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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 Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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 Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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 FORTUNATENESS LTD TRADING AS PORTSMOUTH CYCLE EXCHANGE UNTILL PAID IN FULL BY YOU THE CUSTOMER.

DESCRIPTION AND PRICE OF GOODS

  1. The prices shown are only applicable to purchases made directly with Fortunateness Ltd Trading as Portsmouth Cycle Exchange. On occasions, the prices payable and promotions offered may differ from those prices and promotions offered at the same time by Fortunateness Ltd Trading as Portsmouth Cycle Exchange elsewhere. We are under no obligation to honour any price or promotion that differs from those on our website or social media platforms * 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.
  2. 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 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.
  3. 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, Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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.
  4. 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.

PAYMENT

  1. Payment for the goods and delivery charges can be made using any of the methods shown on the Fortunateness Ltd Trading as Portsmouth Cycle Exchange website or instore 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.
  2. 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.
  3. 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 because of a manufacturer price increase. Customers are entitled to a full refund if this is not acceptable.

Fortunateness Ltd Trading as Portsmouth Cycle Exchange VAT Registration No is: tbc

 VALIDATION CHECKS

  1. 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.
  2. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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 Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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.

 

DELIVERY – Ordering Goods

17.*Fortunateness Ltd Trading as Portsmouth Cycle Exchange will confirm receipt of your order by sending an email to you or providing you with a receipt, using the address and contact details 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.

18.*All orders placed with Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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 &11 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.

19.*Please note that the only language in which the contract can be concluded is English. Fortunateness Ltd Trading as Portsmouth Cycle Exchange will retain details of your order in our database and these details can be made available on request.

RETURNS & PURCHASES

INSTORE PURCHASES

20.When purchasing a bicycle or item in store you will be subject to a fourteen-day return process.

21.All bicycles are fully assembled by a cy tech trained or competent mechanic. All adult bicycles include a free six week after service safety check. The manufacturer provides as standard a 12-month warranty; however, this differs per brand and some makes, and models will offer a lifetime frame guarantee. A warranty does not cover tyres, tubes and brake blocks please refer to the information provided with your purchased item.

INSTORE RETURNS 

22.Fortunateness Ltd Trading as Portsmouth Cycle Exchange will happily exchange or refund any item purchased at Fortunateness Ltd Trading as Portsmouth Cycle Exchange in line with our returns process.

23.Your Right of Cancellation. Should you receive and collect your purchase and decide that you no longer require the goods for whatever reason, they can be returned within fourteen working days of your receipt of the goods. To return the goods, please email info@cycle-exchange.co.uk c/o Fortunateness Ltd Trading as Portsmouth Cycle Exchange detailing the reason for your return, call 02392 832066 or visit us in store along with proof of purchase.

24.Please note Fortunateness Ltd Trading as Portsmouth Cycle Exchange makes every effort to ensure you purchase the correct item by providing you with an experienced sales team instore and online contact details to gain advice and a size guide area where you are advised on which bike size is suitable for your height and cycling purpose. This is to assist in eliminating returns through incorrect purchases and ensure customer satisfaction.

CLICK AND COLLECT AND ONLINE PROCESSED RETURNS

25.All items returned by post (this is subject to click and collect items or special orders) are returned at your cost Fortunateness Ltd Trading as Portsmouth Cycle Exchange will not cover the cost of returning the goods (unless faulty)

26.Raleigh Orders: Please Note on some Raleigh returned items, collection may be arranged direct from you the customer and not be needed to be returned to Fortunateness Ltd Trading as Portsmouth Cycle Exchange, this is on a case by case basis and you will be informed by Fortunateness Ltd Trading as Portsmouth Cycle Exchange when following the above returns process.

27.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.

28.Faulty goods Fortunateness Ltd Trading as Portsmouth Cycle Exchange is committed to ensuring that all products are to the highest standard. All our products have a 12-month manufacturer guarantee from the date of delivery or purchase should you experience a problem within this period please contact us at info@cycle-exchange.co.uk c/o Fortunateness Ltd Trading as Portsmouth Cycle Exchange.

29.You must take reasonable care to ensure the goods are not damaged until they are returned to Fortunateness Ltd Trading as Portsmouth Cycle Exchange. Using the goods before returning them within the allotted fourteen-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. Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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.

30.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 Fortunateness Ltd Trading as Portsmouth Cycle Exchange

31.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.

32.In certain cases, Fortunateness Ltd Trading as Portsmouth Cycle Exchange may not be able to provide the goods or carry out some of its other duties under contract, because of something that is beyond Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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 Fortunateness Ltd Trading as Portsmouth Cycle Exchange fault. If this happens then Fortunateness Ltd Trading as Portsmouth Cycle Exchange will not be responsible for so long as the effects of the event continue for any failure to provide the goods. Fortunateness Ltd Trading as Portsmouth Cycle Exchange will continue to try to provide the goods as soon as possible despite any such events.

Click and Collect (Arranged by you the customer via our brands websites) can be delivered direct to store when requested by (You) the customer. (You) the customer will receive confirmation that the item is ready to collect.

33.The item will be boxed and come with only the manufacturer guarantee and warranty. If the item is a bicycle we recommend it is built by a trained cycle mechanic, this can be arranged to be done in store if (You) the customer arrange a booking with Fortunateness Ltd Trading as Portsmouth Cycle Exchange. Please note if the bicycle is built in-store then Fortunateness Ltd Trading as Portsmouth Cycle Exchange will carry out all guarantees. If the bicycle is not built by Fortunateness Ltd Trading as Portsmouth Cycle Exchange this will affect the guarantee provided with the cycle and any issues will need to be taken up with the manufacturer.

DAMAGED AND FAULTY RETURNS

34.We at Fortunateness Ltd Trading as Portsmouth Cycle Exchange will confirm what process to follow to return your item or any damaged items. (This may include asking you the customer to provide photographs of the damage to us via email) You must then return the goods as soon as you are able to do so. Fortunateness Ltd Trading as Portsmouth Cycle Exchange will not cover the cost of returning the goods unless proved faulty. 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. Please note if the item is found not faulty by the returns department the return postage will not be reimbursed.

35.In some instances, a refund may not be made immediately made when a faulty item has been returned to Fortunateness Ltd Trading as Portsmouth Cycle Exchange The item will be tested, and the fault/problem identified. Upon identification of this, we will repair the fault. Fortunateness Ltd Trading as Portsmouth Cycle Exchange will provide a replacement part if required for any faulty items or a full refunded including postage costs.

36.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.

37.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. Fortunateness Ltd Trading as Portsmouth Cycle Exchange recommend you send all returns by Recorded delivery and gain proof of postage.

38.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.

39.If you have had any issue with a return and feel that Fortunateness Ltd Trading as Portsmouth Cycle Exchange has not dealt with the return to your satisfaction, then please contact the brands customer complaint department if it was regarding a brand issue or faulty part.

40.If this is due to a customer service issue, please contact the company director at Fortunateness Ltd Trading as Portsmouth Cycle Exchange via email or in writing.

Complaints c/o Company Director Fortunateness Ltd Trading as Portsmouth Cycle Exchange.

4/6/8, Gothic Buildings Victoria Road North, Southsea, Portsmouth

PO5 1PH

Hampshire, England

Email info@cycle-exchange.co.uk

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.

  1. Fortunateness Ltd Trading as Portsmouth Cycle Exchange shall not be liable for the death or personal injury arising from your negligence. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 41 – 50 INCLUSIVE
  2. Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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 Fortunateness Ltd Trading as Portsmouth Cycle Exchange (whether caused by Fortunateness Ltd Trading as Portsmouth Cycle Exchange negligence).
  3. For the liability not covered, Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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).
  4. For all Fortunateness Ltd Trading as Portsmouth Cycle Exchange liability not covered you accept that Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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’ guarantee 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 832066 or by emailing info@cycle-exchange.co.uk c/o Fortunateness Ltd Trading as Portsmouth Cycle Exchange.

  1. All goods supplied by Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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.
  2. 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 Fortunateness Ltd Trading as Portsmouth Cycle Exchange, failure to follow manufacturer’s instructions, or any alteration or repair carried out without approval from Fortunateness Ltd Trading as Portsmouth Cycle Exchange
  3. If prior approval is not requested by Fortunateness Ltd Trading as Portsmouth Cycle Exchange, please ensure that you have read your warranty conditions before attempting to install a part or otherwise repair item. We recommend that use a qualified Cy tech trained cycle technician or competent bicycle mechanic. Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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.
  4. If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify Fortunateness Ltd Trading as Portsmouth Cycle Exchange in writing at the above address, or email info@cycle-exchange.co.uk c/o Fortunateness Ltd Trading as Portsmouth Cycle Exchange .com
  5. Colours, Specifications, Weights & Sizes

Representations of colour online or in catalogues 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.

  1. 50. Safe Shopping Guarantee

We have used every effort to ensure that shopping with Fortunateness Ltd Trading as Portsmouth Cycle Exchange is a safe process. Our secure server software encrypts all 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.

We use the security provided by our chosen card provider in-store and comply with all data and security checks. We also comply with the data protection act and any personal information provided is secured correctly.

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 or instore and Fortunateness Ltd Trading as Portsmouth Cycle Exchange cannot be held responsible for any breach of security.

COMPLAINTS & COMMENTS

If you are not happy with any aspect of our online, social media or instore service, discover a fault with our website, or if you have any queries or comments relating to our business, please contact us and we will do everything we can to help you. Please place your complaint or comments in writing to the Director at info@cycle-exchange.co.uk c/o Fortunateness Ltd Trading as Portsmouth Cycle Exchange or telephone 02392 832066.

We welcome all feedback that can improve our service offering. Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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 Fortunateness Ltd Trading as Portsmouth Cycle Exchange 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.