TERMS AND CONDITIONS - UNEDITED
Here at The Traditional Cycle Shop, we work hard to ensure total satisfaction and look after our customers. We like to be open about what you can expect from us and, likewise, our expectations of you, because this allows us to deliver what we promise. Because of this, we have set out below our Terms and Conditions. Please read them carefully. We suggest that you also print a copy of these Terms and Conditions for future reference, or save them on your computer.
Although all the Terms and Conditions are related to the supply of goods from our site, we have added some sub-headings to try and make them more easily understandable for you. If you have any queries about the ‘legal’ side of things, or you want any help, please do call us on 01789 413 113 or email at email@example.com. We are always pleased to talk to our customers.
WEBSITE TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods ("Goods") listed on the website www.traditionalcycleshop.co.uk ("the Site") to you. Please read these terms and conditions carefully before ordering any Goods or Services from the Site. Your attention is particularly drawn to the provisions of clause 9. You should understand that by ordering any of the Goods, you agree to be bound by these terms and conditions. These terms may occasionally be amended by us in accordance with clause 20.1, so it is best to read them each time you make a purchase.
Please click on the button marked "I confirm that I have read and agree to the Terms and Conditions of Supply" when placing your order to show that you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from the Site.
1. Information About Traditional Cycle Shop
www.traditionalcycleshop.co.uk is a website operated by Pashley Holdings Limited (“Pashley”). Pashley is a limited company registered in England and Wales under company number 02974132 and with its registered office and main trading address at Masons Road, Stratford upon Avon, Warwickshire, CV37 9NL. Pashley’s VAT number is 661551442.
2. Service Availability
The Site is only intended for use by people resident in the UK and Channel Islands (“Serviced Countries”). Traditional Cycle Shop does not currently accept orders from individuals outside those countries.
3. Your Status
By placing an order through the Site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts; and
3.1.2 You are at least 18 years old;
3.1.3 You are resident in one of the Serviced Countries; and
3.1.4 You are accessing the Site from one of the Serviced Countries.
4. How the Contract is formed between You and Traditional Cycle Shop
4.1 After placing an order, you will receive an e-mail from the Traditional Cycle Shop acknowledging that the Traditional Cycle Shop has received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the Traditional Cycle Shop to purchase Goods. All orders are subject to acceptance by the Traditional Cycle Shop, and the Traditional Cycle Shop will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been despatched (the "Confirmation E-Mail"). The contract between you and the Traditional Cycle Shop (the "Contract") will only be formed when the Traditional Cycle Shop sends you the Confirmation E-Mail, at which point and on which date the Contract between you and the Traditional Cycle Shop shall come into existence.
4.2 The Contract will relate only to those Goods whose supply the Traditional Cycle Shop has confirmed in the Confirmation E-Mail. the Traditional Cycle Shop will not be obliged to supply any other Goods which may have been part of your order until the supply of such Goods has been confirmed in a separate Confirmation E-Mail.
The Traditional Cycle Shop may provide links on the Site to the websites of other parties, whether affiliated with the Traditional Cycle Shop or not. The Traditional Cycle Shop does not give any undertaking, that products or services you purchase from third party sellers through the Site, or from parties to whose website the Traditional Cycle Shop has provided a link on the Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by the Traditional Cycle Shop absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. the Traditional Cycle Shop will notify you when a third party is involved in a transaction, and the Traditional Cycle Shop may disclose your customer information related to that transaction to the third party seller.
Your order will be fulfilled by the delivery date set out in the Confirmation E-Mail or, if no delivery date is specified, then within a period of 30 days of the date of the Confirmation E-Mail, unless the Traditional Cycle Shop has agreed a different period for performance with you or there are exceptional circumstances.
7. Risk and Title
7.1 The Goods will be at your risk from the time they are delivered to you.
7.2 Ownership of the Goods will only pass to you when the Traditional Cycle Shop receives full payment of all sums due in respect of the Goods including delivery charges.
8. Price and Payment
8.1 The price of the Goods will be as quoted on the Site from time to time, except in cases of obvious error.
8.2 All prices given to you include VAT, but exclude delivery costs, which will be added to the total amount due as set out in the Traditional Cycle Shop's Delivery Guide.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which the Traditional Cycle Shop has already sent you a Confirmation E-Mail.
8.4 It is always possible that, despite the best efforts of the Traditional Cycle Shop, some of the Goods listed on the Site may be incorrectly priced. The Traditional Cycle Shop will normally verify prices as part of its confirmation procedures so that, where a Good's correct price is less than any price stated on the Site, the Traditional Cycle Shop will charge the lower amount when providing the Goods to you. If a Good’s correct price is higher than any price stated on the Site, the Traditional Cycle Shop will normally, at its discretion, either contact you for instructions before despatching the Goods, or reject your order and notify you of such rejection.
8.5 The Traditional Cycle Shop is under no obligation to provide the Goods to you at the incorrect (lower) price, even after the Traditional Cycle Shop has sent you a Confirmation E-Mail, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Goods must be by credit or debit card. the Traditional Cycle Shop accepts payment with:
• Visa Debit (Delta)
• Visa Electron
• American Express.
The Traditional Cycle Shop will not charge your credit or debit card until the Traditional Cycle Shop despatches your order.
9. Liability of the Traditional Cycle Shop
9.1 The Traditional Cycle Shopwarrants to you that any Goods purchased from the Traditional Cycle Shop through the Site will be of satisfactory quality and reasonably fit for all purposes for which products of the kind are normally supplied.
9.2 The liability of the Traditional Cycle Shopfor losses you suffer as a result of the Traditional Cycle Shop breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of the Traditional Cycle Shopbreaking the agreement. Losses are foreseeable where they could be contemplated by you and the Traditional Cycle Shop at the time your order is accepted by the Traditional Cycle Shop .
9.3 This does not include or limit in any way the liability of the Traditional Cycle Shop :
9.3.1 For death or personal injury caused by the negligence of the Traditional Cycle Shop ;
9.3.2 Under section 2(3) of the Consumer Protection Act 1987;
9.3.3 For fraud or fraudulent misrepresentation; or
9.3.4 For any deliberate breaches of these terms and conditions by Pashley that would entitle you to terminate the Contract between you and Pashley.
9.3.5 For any matter for which it would be illegal for Pashley to exclude, or attempt to exclude, its liability.
9.4 Pashley is not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
9.4.1 loss of income or revenue;
9.4.2 loss of business;
9.4.3 loss of profits or contracts;
9.4.4 loss of anticipated savings;
9.4.5 loss of data; or
9.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of clauses 9.4.1 to 9.4.6 inclusive.
10. Import Duty
10.1 If you order Goods from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that the Traditional Cycle Shop has no control over these charges and cannot predict their amount. Please contact your local Customs Office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. The Traditional Cycle Shop will not be liable for any breach by you of any such laws.
11. Consumer Rights – Returns
11.1 You may cancel a contract at any time within seven working days, beginning on the day after you received the Goods (the "Cooling-Off Period"). In this case, you will receive a full refund of any price already paid for the Goods in accordance with the Traditional Cycle Shop ’s refunds policy (set out in clause 12.1.1 below).
11.2 You may also return the Goods for a refund (as set out in clause 12.1.2 below) within 28 days of receiving the Goods. However, please note that all delivery charges incurred on returns made after the Cooling-Off Period will be your responsibility. The Traditional Cycle Shop cannot be responsible for return parcels that fail to arrive, so please obtain a certificate of posting as proof. The Traditional Cycle Shop is not responsible for return postage other than for defective Goods. If your Goods are defective please call The Traditional Cycle Shopon 01789 290703 or email firstname.lastname@example.org to arrange the return of Goods to the Traditional Cycle Shop.
11.3 To return Goods or cancel a contract, you must inform the Traditional Cycle Shop in writing by completing and returning the ‘Returns Note’ which you would have received with the Goods. You must also return the Goods to us immediately, in the same condition in which you received them, with all original tags intact, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, the Traditional Cycle Shop may have a right of action against you for compensation.
11.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Confirmation E-Mail and again on delivery of the Goods. This provision does not affect your statutory rights.
12. Refunds Policy
12.1 When you cancel a Contract in accordance with clause 11:
12.1.1 if you have cancelled the Contract with the Traditional Cycle Shop within the seven-day Cooling-Off Period (see clause 11.1 above), the Traditional Cycle Shop will process any refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund in full any price already paid for the Goods, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to the Traditional Cycle Shop.
12.1.2 if you have cancelled the Contract with the Traditional Cycle Shop outside of the seven-day Cooling-Off Period (see clause 11.1 above), but within 28 days of receiving the Goods (as set out in clause 11.2 above), the Traditional Cycle Shop will process any refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund in full any price already paid for the Goods. However, you will be responsible for the cost of sending the item to you as well as the cost of returning the item to the Traditional Cycle Shop.
12.1.3 for any other reason (for instance, because you have notified the Traditional Cycle Shop in accordance with clause 20 that you do not agree to any change in these terms and conditions or in any of the Traditional Cycle Shop’s policies, or because you claim that the Goods are defective), the Traditional Cycle Shop will examine the returned Goods and notify you within a reasonable period of time of any refund to be paid to you. The Traditional Cycle Shop will usually process such refund due to you as soon as possible and, in any case, within 30 days of the day the Traditional Cycle Shop confirmed to you via e-mail that you were entitled to it. Such refund will include a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to the Traditional Cycle Shop.
12.2 The Traditional Cycle Shop will usually refund any money received from you using the same method originally used by you to pay for your purchase.
13. Written Communications
Applicable laws require that some of the information or communications the Traditional Cycle Shop sends to you should be in writing. When using the Site, you accept that communication with the Traditional Cycle Shop will be mainly electronic. the Traditional Cycle Shop will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Traditional Cycle Shop provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to the Traditional Cycle Shop must be given to Customer Services at email@example.com. The Traditional Cycle Shop may give notice to you at either the e-mail or postal address you provide to the Traditional Cycle Shop when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on the Site, one business day after an e-mail is sent, or two business days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. For the purposes of this clause ‘business day’ shall mean a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
15. Transfer of Rights and Obligations
15.1 The Contract between you and the Traditional Cycle Shop is binding on you and the Traditional Cycle Shop and on the respective successors and assigns of you and the Traditional Cycle Shop.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without the prior written consent of the Traditional Cycle Shop.
15.3 The Traditional Cycle Shop may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
16. Events Outside The Control of the Traditional Cycle Shop
16.1 The Traditional Cycle Shop will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Contract that is caused by events outside the reasonable control of the Traditional Cycle Shop ("Force Majeure Event").
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the reasonable control of the Traditional Cycle Shop and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 The performance by the Traditional Cycle Shop under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Traditional Cycle Shop will have an extension of time for performance for the duration of that period. the Traditional Cycle Shop will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which the Traditional Cycle Shop’s obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If the Traditional Cycle Shop fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if the Traditional Cycle Shop fails to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by the Traditional Cycle Shop of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by the Traditional Cycle Shop of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire Agreement
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between you and the Traditional Cycle Shop and supersede any previous arrangement, understanding or agreement between you and the Traditional Cycle Shop, relating to the subject matter of any Contract.
19.2 You and the Traditional Cycle Shop each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither you nor the Traditional Cycle Shop relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
19.3 You and the Traditional Cycle Shop each agree that the only rights and remedies available to either you or the Traditional Cycle Shop arising out of or in connection with a Representation shall be for breach of Contract as provided in these terms and conditions.
19.4 Nothing in this clause shall limit or exclude any liability for fraud.
20. Right of Pashley to Vary these Terms and Conditions
20.1 the Traditional Cycle Shop has the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting the business of the Traditional Cycle Shop, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of the systems used by the Traditional Cycle Shop.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from the Traditional Cycle Shop, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if the Traditional Cycle Shop notifies you of the change to those policies or these terms and conditions before it sends you the Confirmation E-Mail (in which case the Traditional Cycle Shop has the right to assume that you have accepted the change to the terms and conditions, unless you notify the Traditional Cycle Shop to the contrary within the seven working days of receipt by you of the Goods).
21. Law and Jurisdiction
Contracts for the purchase of Goods through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.