Gravity Cycles Terms & Condtions

Terms and Conditions
Gravity Cycles Ltd

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01932688912.

The Seller referred to in this set of terms and conditions is Gravity Cycles Ltd, Trading as Gravity Cycles. Company number 11074990 as issued by Companies House in the United Kingdom on the day of incorporation.

Our VAT number is: 311 945 124

*please note that our website will contain further documents outlining:
            - our Privacy Policy
            - our Returns Policy

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Gravity Cycles Ltd whose trading name is Gravity Cycles a company registered in England and Wales under number 11074990 whose registered office is at 56 West Grove, Hersham, Surrey, KT12 5NX with email address info@gravitycycles.co.uk; telephone number 01932688912; (the Supplier or us or we).

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website

10. Website means our website www.gravitycycles.co.uk on which the Goods are advertised.

11. Price shall mean the consideration due for purchase and shall include VAT unless otherwise stated. Purchasers should note that prices quoted may vary during the currency of catalogues or brochures (increase or decrease) and prices deemed current are quoted at the time of an order. With respect to orders placed via the Internet portal, these shall not be accepted by us until confirmed.

12. A “Working day” shall mean any day of the week excluding Saturdays, Sundays and public holidays or days deemed, and clearly stated on the company website, as non-business days of trading.

13. These conditions outlined in this document shall apply, but is not limited to, all of the company’s quotations and contracts, orders (including those order taken over the telephone) for the sale and/or supply of goods accepted by the company, herein listed as Gravity Cycles Ltd. For the trade buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon the company, Gravity Cycles Ltd. For the consumer purchaser, additional conditions shall only be binding upon the company if confirmed in writing by the company.

14. The company reserves the right to amend information, listings or technical or administrative errors in any order without prior notice.

Goods

15. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
 

16. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

17. All Goods which appear on the Website are subject to availability of the company or its suppliers/importers.

18. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

19. “Under the Consumer Rights Act you have an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. But this right is limited to 30 days from the date you took ownership of the goods (this could be the date of purchase or the date the goods were delivered to you - whichever is later). After the initial 30 days, you can't demand a full refund in the first instance, but you still have the right to a repair or replacement”

Personal information

20. We retain and use all information strictly under the Privacy Policy.

21. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

22. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

23. Title to the Goods shall not pass to the buyer until the company has received payment in full completing the contract. In the event that sums owing in respect of other items ordered within contract remain due, apportionment by this company shall take place without prejudice to the right to retain title in respect of all goods ordered.

24. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

25. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

26. Any quotation is valid for a maximum period of 7 days (this includes working and non-working) from its date, unless we expressly withdraw it at an earlier time.

27. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

28. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

29. Products may vary slightly from images shown on website in either colour or form but not essence.

30. Goods used in Competition Situations or for Performance are provided or sold for this specialist use, and in the nature of the aforementioned, are put through wear and use that can be classed as - extreme stress – while being used. Such items will have a greatly reduced level of durability and hence can be subject to a shorter wear life. Anyone purchasing goods for such use must please take note that any claim/s made for item failure or wear shall be examined and limited to the guarantees provided for by the manufacturer.

31. Where Goods have been subject to modifications or alterations and/or poor maintenance of such Goods have been noted, the company as, as listed above, shall accept no liability for death or personal injury unless caused directly by its own negligence.

Price and Payment

32. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

33. Prices and charges include VAT at the rate applicable at the time of the Order and as published on the website or in-store.

34. Web based prices are given under the assumption that no change (up or down) in the price of Goods will be made by the supplier, manufacturer/sole importer and that Government fees, taxes and levies remain unchanged between order and completion.

**Please note: That in the event of changes as listed above, orders placed before the changes will remain the same price as listed, and no further price increases will be handed on to the customer.

35. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

36. We endeavour to ensure that all pricing information on the company Website and any other mediums of company advertising and publication are correct. At times, however, errors may occur, and Goods may be unintentionally mispriced. If a Good’s correct price is lower than the price stated on the company Website, we will charge the lower amount and send you the Goods. If a Good’s correct listed price should be higher than the price listed on the Website, we will, at the company discretion, notify you of the error and allow you to cancel or continue with the placed order for Goods. The company as listed above is in no way obliged to supply goods at the unintentionally listed incorrect price.

Delivery

37. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

38. All times given for despatch or delivery are approximate and time shall not be deemed of the essence. The buyer agrees to allow 30 days in any written notice making time of the essence and further agrees to accept full liability in respect of delayed or late delivery or dispatch. In any event, delivery times are approximate and can be variable. When delivery is affected to the purchaser directly or to an independent delivery contractor as agent for the purchaser, risk shall pass to the buyer immediately.

39. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

40. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

41. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

42. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

43. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

44. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

45. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

46. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

47. The buyer is required to notify the company, in writing, of any shortage, miss delivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is affected to the buyers own delivery contractor, loss or damage in transit claims should be made directly to the carrier. The company will assist purchasers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.

Risk and Title

48. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

49. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

50. Advice given by agents or servants of this company during telephone/Internet orders is based entirely upon information given by the purchaser. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.

51. Compatibility of goods is not guaranteed where modifications or alterations have been made and the company shall, in such circumstances, and at its discretion, issue a refund or credit to the purchaser.

52. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting subsequent to modification.

Services Terms and Conditions

If you have booked a service with us please could you ensure that your bike/wheels are dropped in before 10am on the day you booked your service. If this is not possible then please do call us so we can make alternate arrangements.

Once we have assessed the work required to be undertaken on your bike we will make contact with you to discus this either by phone, email or text. Work will not be carried out unless we have confirmation from you.

Please can you bring your bike in clean so that we can focus on the servicing - unless this has been arranged as part of the service - a cleaning fee will be applied to your service cost.

We will contact you once your service/work is complete to arrange for you to collect your bike. Bikes left longer than the agreed time or past a week are subject to a storage fee.

Bikes not collected past 2 months (from the date of work confirmation and/or completion) may be sold to defray costs and expenses.

Withdrawal and Cancellation

53. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

54. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.

55. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;

b. goods that are made to your specifications or are clearly personalised;

c. goods which are liable to deteriorate or expire rapidly.

56. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to Cancel

57. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

58. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

59. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

60. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website www.gravitycycles.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

61. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation in the Cancellation Period

62. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods Supplied

63. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of Reimbursement

64. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

a. 14 days after the day we receive back from you any Goods supplied, or

b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

65. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

66. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

67. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 56 West Grove, Hersham, Surrey, KT12 5NX without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

68. For the purposes of these Cancellation Rights, these words have the following meanings:

a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

69. We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.

70. Upon delivery, the Goods will:

a. be of satisfactory quality;

b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and conform to their description.

71. It is not a failure to conform if the failure has its origin in your materials.

72. We will provide the following after-sales service: For returns please see our Returns Policy. Service and Repair work is guaranteed. Parts and equipment fall under the manufacturer’s warranty and guaranty policies.

Successors and our sub-contractors

73. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

74. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and

b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Excluding Liability

75. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

76. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

77. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

78. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

79. We aim to follow these codes of conduct, copies of which you can obtain as follows:
Association of Cycle Traders available from www.thecyclingexperts.co.uk

Attribution

80. These terms and conditions were created using a document from Rocket Lawyer and at times amended and modified to the suitability of ‘The Company” (https://www.rocketlawyer.co.uk).

Model Cancellation Form

To
Gravity Cycles Ltd
56 West Grove
Hersham
Surrey
KT12 5NX

Email address: info@gravitycycles.co.uk
Telephone number: 01932688912


I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)


Name of consumer(s):



Address of consumer(s):


 

 

Signature of consumer(s) (only if this form is notified on paper)

 

Date