Terms and Conditions
TERMS
AND CONDITIONS
OF
GirlsBike2
1 ACCEPTANCE OF TERMS
Your access to and use of GirlsBike2 ("the Website") is
subject exclusively to these Terms and Conditions. You will not use the Website
for any purpose that is unlawful or prohibited by these Terms and Conditions.
By using the Website you are fully accepting the terms, conditions and
disclaimers contained in this notice. If you do not accept these Terms and
Conditions you must immediately stop using the Website.
2 DEFINITIONS
2.1 "Buyer" means the individual or organisation who buys
or agrees to buy the Goods from the Seller;
2.2 "Consumer" shall have the meaning ascribed in section
12 of the Unfair Contract Terms Act 1977;
2.3 "Contract" means the contract between the Seller and
the Buyer for the sale and purchase of Goods incorporating these Terms and
Conditions;
2.4 "Goods" means the articles that the Buyer agrees to buy
from the Seller;
2.5 "Seller" means GirlsBike2 of 52 Walsworth Road,
Hitchin,
Hertfordshire,
SG4 9SX;
2.6 "Terms and Conditions" means the terms and conditions
of sale set out in this document and any special terms and conditions agreed in
writing by the Seller.
3 CONDITIONS
3.1 Nothing in these Terms and Conditions shall affect the
Buyer’s statutory rights as a Consumer.
3.2 These Terms and Conditions shall apply to all contracts for the
sale of Goods by the Seller to the Buyer and shall prevail over any other
documentation or communication from the Buyer.
3.3 Payment of Goods shall be deemed conclusive evidence of the
Buyer’s acceptance of these Terms and Conditions.
3.4 Any variation to these Terms and Conditions (including any
special terms and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Seller.
4 CHANGES TO WEBSITE
GirlsBike2 reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any
part of it without notice and you confirm that GirlsBike2 shall not be liable
to you for any such change or removal; and
4.2 change these Terms and Conditions at any time, and your continued
use of the Website following any changes shall be deemed to be your acceptance
of such change.
5 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are
controlled and maintained by others. Any link to other websites is not an
endorsement of such websites and you acknowledge and agree that we are not
responsible for the content or availability of any such sites.
6 COPYRIGHT
6.1 All copyright, trade marks and all other intellectual property
rights in the Website and its content (including without limitation the Website
design, text, graphics and all software and source codes connected with the
Website) are owned by or licensed to GirlsBike2 or otherwise used by GirlsBike2
as permitted by law.
6.2 In accessing the Website you agree that you will access the
content solely for your personal, non-commercial use. None of the content may
be downloaded, copied, reproduced, transmitted, stored, sold or distributed
without the prior written consent of the copyright holder. This excludes the
downloading, copying and/or printing of pages of the Website for personal,
non-commercial home use only.
7 PRIVACY
Any personal details that the Buyer provides, is kept private and secure. When
the Buyer makes a purchase from GirlsBike2 they provide their name, email
address, delivery address and phone number. This information is used to process
the order only, however if the Buyer elects to be added to the GirlsBike2
mailing list, the email address will be used for this purpose and this purpose
only. When the Buyer fills in their name, address, email address and telephone
number in the feedback form, this information is purely used for geographical
information for where the Buyer is located. However if the Buyer elects to be
added to the GirlsBike2 mailing list, the email address will be used for this
purpose and this purpose only. The email address will not be distributed to any
other person or third party Company without the Buyers strict permission. The
Buyer reserves the right to ask for their details to be removed from the
GirlsBike2 records, by contacting GirlsBike2 by email or phone.
8 ORDERING
8.1 All orders for Goods shall be deemed to be an offer by the Buyer
to purchase Goods pursuant to these Terms and Conditions and are subject to
acceptance by the Seller. The Seller may choose not to accept an order for any
reason.
8.2 Where the Goods ordered by the Buyer are not available from stock
the Buyer shall be notified and given the option to either wait until the Goods
are available from stock or cancel the order and receive a full refund within
30 days.
8.3 When making an order through the Website, the technical steps the
Buyer needs to take to complete the order process are as follows.
During the payment process the Buyer will be prompted for two addresses. The
Buyer must enter the full address of the cardholder (this address is the one
that appears on your credit card statements), and then optionally the delivery
address if different. The cardholders address must match with the card
issuers’ records or we regret that we cannot accept payment. This ensures
that the credit card details may only be used by the Buyer.
9 PRICE AND PAYMENT
9.1 The Price of the Goods shall be that stipulated on the
Seller’s Website. The Price is inclusive of VAT. The Price excludes
delivery charges.
9.2 The total purchase price, including VAT and delivery charges, if
any, will be displayed in the Buyer’s shopping cart prior to confirming
the order.
9.3 After the order is received the Seller shall confirm by email the
details, description and price for the Goods together with information on the
right to cancel if the Buyer is a Consumer.
9.4 Payment of the Price plus VAT and delivery charges must be made
in full before dispatch of the Goods.
10 RIGHTS OF
SELLER
10.1 The Seller reserves
the right to adjust the price and specification of any item on the Website at
its discretion.
10.2 The Seller reserves
the right to withdraw any goods from the Website at any time.
10.3 The Seller shall
not be liable to anyone for withdrawing any Goods from the Website or for
refusing to process an order.
11 WARRANTY
The Seller warrants
that the Goods will at the time of dispatch correspond to the description given
by the Seller. Except where the Buyer is dealing as a Consumer, all other
warranties, conditions, or terms relating to fitness for purpose,
merchantability or condition of the Goods, whether implied by Statute, common
law or otherwise are excluded, and the Buyer is satisfied as to the suitability
of the Goods for the Buyer’s purpose.
12 DELIVERY
12.1 Goods supplied
within the UK will normally be delivered within 14 working days of acceptance
of order.
12.2 Where a specific
delivery date has been agreed, and where this delivery date cannot be met, the
Buyer will be notified and given the opportunity to agree a new delivery date
or receive a full refund.
12.3 The Seller shall
use its reasonable endeavours to meet any date agreed for delivery. In any
event time of delivery shall not be of the essence and the Seller shall not be
liable for any losses, costs, damages or expenses incurred by the Buyer or any
third party arising directly or indirectly out of any failure to meet any
estimated delivery date.
12.4 Delivery of the
Goods shall be made to the Buyer’s address specified in the order and the
Buyer shall make all arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery.
12.5 Title and risk in
the Goods shall pass to the Buyer upon delivery of the Goods.
13 CANCELLATION AND
RETURN
13.1 The Buyer shall
inspect the Goods immediately upon receipt and shall notify the Seller by email
or phone within 7 working days of delivery if the Goods are damaged or do not
comply with any of the Contract. If the Buyer fails to do so the Buyer shall be
deemed to have accepted the Goods.
13.2 Where a claim of
defect or damage is made the Goods shall be returned by the Buyer to the
Seller. The Buyer shall be entitled to a full refund (including delivery
costs), if ordered through the website.
13.3 If you are a consumer you have the right, in addition to your other
rights, to cancel the Contract and receive a refund by informing the Seller by
email or phone within 7 working days of receipt of the Goods.
13.4 Goods must be
returned by the Buyer and should be adequately insured during the return
journey. The Buyer will receive a refund of all monies paid for the Goods
within 7 days of receipt by returning the Goods via a local Post Office,
enclosing the return label and reason for return or by visiting the shop.
However, if the Buyer fails to return the Goods following cancellation, the
Seller shall be entitled to deduct the cost of recovering the Goods from the
Buyer.
13.5 Goods to be
returned must clearly show the order number obtained from the Seller on the
package.
13.6 Where returned
Goods are found to be damaged due to the Buyer’s fault the Buyer will be
liable for the cost of remedying such damage.
14 LIMITATION OF
LIABILITY
14.1 Except as may be
implied by law where the Buyer is dealing as a Consumer, in the event of any
breach of these Terms and Conditions by the Seller the remedies of the Buyer
shall be limited to damages which shall in no circumstances exceed the Price of
the Goods and the Seller shall under no circumstances be liable for any
indirect, incidental or consequential loss or damage whatever.
14.2 Nothing in these
Terms and Conditions shall exclude or limit the liability of the Seller for
death or personal injury resulting from the negligence of the Seller or that of
the Seller’s agents or employees.
15 WAIVER
No waiver by the Seller
(whether express or implied) in enforcing any of its rights under this contract
shall prejudice its rights to do so in the future.
16 FORCE MAJEURE
The Seller shall not be
liable for any delay or failure to perform any of its obligations if the delay
or failure results from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock outs, accidents, war,
fire, shortage or unavailability of Goods, and the Seller shall be entitled to
a reasonable extension of its obligations.
17 SEVERANCE
If any term or
provision of these Terms and Conditions is held invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Terms and Conditions had been
agreed with the invalid illegal or unenforceable provision eliminated.
18 CHANGES TO TERMS
AND CONDITIONS
The Seller shall be
entitled to alter these Terms and Conditions at any time, but this right shall
not affect the existing Terms and Conditions accepted by the Buyer upon making
a purchase.
19 GOVERNING LAW AND
JURISDICTION
These Terms and
Conditions shall be governed by and construed in accordance with the law of
England and the parties hereby submit to the exclusive jurisdiction of the
English courts.
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