TERMS AND CONDITIONS
These Terms will apply to any contract between us for the sale of Products to you (Contract).
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms were most recently updated on 1 August 2016.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1. We operate the website http://www.cyclesurgery.com. We are Outdoor & Cycle Concepts Limited, a company registered in England and Wales under company number 03382348 and with our registered office at Unit 11, Kemble Business Park, Crudwell, Malmesbury, Wiltshire, SN16 9SH. Our main trading address is Unit 11, Kemble Business Park, Crudwell, Malmesbury, Wiltshire, SN16 9SH. Our VAT number is GB771695393.
1.2. Contacting us if you are a consumer:
1.2.1. To contact us, for any reason whatsoever, you can e-mail us at email@example.com or contact our Customer Services team by telephone on 0800 298 8898 or by post to Cycle Surgery, The Rock, 2 Thornberry Way, Slyfield Industrial Estate, Guildford, Surrey, United Kingdom. GU1 1QB. If you are emailing us or writing to us please include details of your order to help us to identify it.
1.2.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. Our Products
2.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site are subject to change and are as provided to us by the manufactures of the Products in question.
2.3. The packaging of the Products may vary from that shown on images on our site.
3. How we use your personal information
4. Age restricted items
4.1. Certain Products on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site. These Products are clearly labelled as such on the website and include, but are not limited to:
4.1.1. Any knives or bladed item;
4.1.2. Gas cylinders
4.1.3. Lighting fluids.
If you purchase any of these Products via our website you will only be able to purchase them via “Click and Collect” and subject to the Click and Collect terms as outlined in clause 9 below. We reserve the right to undertake identity and age checks at the point of collection and, if not satisfied as to your age, reserve the right to refuse to allow you to collect the goods in question. In this situation you will not be deemed to have collected the goods and no monies will be taken from you.
4.2. Certain DVDs that we sell are the subject of a legally prescribed age restriction, determined by the British Board of Film Classification. The classifications are 12, 15, and 18. The classification reflects the content of the DVD (violence, language, sex, drug abuse etc). You are therefore required to confirm that you are over 18. We reserve the right to carry out further checks to verify your age with a registered credit reference agency and, if we are unable to verify you are over 18, we will cancel your order.
5. How the contract is formed between you and us
5.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched or, in the case of Click and Collect, are ready for collection from your nominated store (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6. Our right to vary these Terms
6.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated
6.2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3. We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.
6.4. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. Your consumer right of return and refund
This clause 7 only applies if you are a consumer.
7.1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2. However, this cancellation right does not apply in the case of:
7.2.1. sealed audio or sealed video recordings,
once these Products are unsealed after you receive them.
7.2.2. any Products which become mixed inseparably with other items after their delivery;
7.2.3. items which have been specially ordered for you or manufactured to your specification
7.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as written out below:
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 28 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 7 February.
Your Contract is for either of the following:
· one Product which is delivered in instalments on separate days.
· multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
7.4. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. If you phone us then your cancellation is effective from the date on which you call us.
7.5. If you cancel your Contract we will:
7.5.1. refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
7.5.2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
7.5.3. make any refunds due to you as soon as possible but, in any event within 30 days.
7.6. If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7. We will refund you using the same method you used to pay for the Products. If you used vouchers to pay for the Product we may refund you in vouchers.
7.8. If a Product has been delivered to you before you decide to cancel your Contract:
7.8.1. then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or return it to us in-store. Please see our Returns page for our returns address and returns policy.
7.8.2. unless the Product is faulty or not as described (in this case, see clause 7.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
7.9. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1. At the point of checkout you will be informed of your estimated delivery date(s), which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
8.2. Where you have selected our “next day” or “named day” delivery service your order will be dispatched with the intention that it's delivered:
8.2.1. one day after dispatch (weekends excluded) in the case of next day delivery; or
8.2.2. on your selected delivery date in the case of named day delivery.
8.3. We use a number of different carriers for our delivery requirements but, irrespective of which carrier we use, delivery will be attempted by 21:00 on the day of delivery.
8.4. If we have dispatched your products to our carriers in accordance with our obligations in clause 8.2 then we have complied with our obligations. If your order does not arrive the next day please do contact us and we will do our best to determine why the order has not been delivered but we will not be liable to you for any costs or losses due to the late delivery.
8.5. Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you collect them from us, or a nominated third party, and the Products will be your responsibility from that time.
8.6. You own the Products once we have received payment in full, including all applicable delivery charges.
8.7. There are certain items which we are unable to deliver to your home. Unfortunately we cannot deliver gas or cooker fuel, as well as large, heavy and bulky items. We have a weight restriction of 30kg and size restriction of 1.5m in length and girth combined. If you would like to purchase an item online with any of the above restrictions you will need to collect them in store subject to the Click and Collect terms in clause 9.
This clause 8.8 only applies if you are a consumer.
8.8. If we miss the 30 day delivery deadline, or any other deadline agreed between us, for any Products then you may cancel your Order straight away if any of the following apply:
8.8.1. we have refused to deliver the Products; or
8.8.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.9. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.8, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
8.10. If you do choose to cancel your Order for late delivery under clause 8.9 or clause 8.10, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
9. CLICK AND COLLECT
9.1. You can elect to have your Products delivered, free of charge, to a Runners Need store convenient to you. A list of all of our stores can be found here.
9.2. If you are ordering more than one Product you can elect during the checkout process whether to have the Products delivered you, or to collect them via Click and Collect. Unfortunately we are not able to complete orders for multiple Products via more than one delivery method.
9.3. Upon choosing to utilise the Click and Collect service you will receive an email from us confirming that you have opted to collect your Product(s) via the Click and Collect Service.
9.4. You will subsequently receive a Dispatch Confirmation email confirming when the Products have arrived in your chosen store and are ready for collection.
9.5. Products will be held in store for a period of no more than 48 hours from the date on which you receive the Despatch Confirmation, after which they will be returned to our central sorting facility. This period can be extended but such extension will be granted at the sole discretion of the manager of the store holding the Products on your behalf.
9.6. To collect the Products you will need to bring with you the Despatch Confirmation and/or your order number and a form of photographic ID (for example, a driving licence or passport).
10. International delivery
10.1. There are restrictions on some Products for certain International Delivery Destinations, so please contact us before you order if you are unsure.
10.2. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10.4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. BFPO Deliveries
11.1. If you are a BFPO customer please ensure that you select 'BFPO' from the country drop down field when entering your address at the point of checkout. Failure to do this can result in your Products being misrouted and may cause long delays.
11.2. For BFPO destinations that are exempt from VAT the price will be adjusted once your order has been placed. It is essential that you select 'BFPO' from the country drop down field to qualify for this automatic exemption as we cannot apply retrospective refunds for VAT once your order has been despatched. Your order confirmation email will state the full retail value including VAT. We will send you a separate invoice showing the corrected amount, excluding VAT.
11.3. All BFPO deliveries will be delivered into Northolt via Parcel Force where they will then be distributed to the correct locations. Please be aware that once your Products handed over to BFPO we cannot track the parcel and will have no control over its delivery.
11.4. BFPO deliveries are subject to the following restrictions:
11.5. You may need to split your order into multiple consignments where the above criteria are exceeded. If this is not possible, we will contact you directly.
11.6. Please allow up to 6 weeks for the delivery of your parcel.
11.7. Friends and Family – please note that we are charged commercial rates for BFPO deliveries. If you wish to take advantage of the BFPO free delivery scheme for relatives and friends, you will need to take your parcel to the Post Office.
12. Price of products and delivery charges
12.1. The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
12.2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page.
12.5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
12.5.1. where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
12.5.2. if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12.6. We may, from time to time, run promotions and/or competitions. Any such activity will be subject to these terms and conditions and any specific terms and conditions that are clearly identified and brought to your attention on the specific web-pages for those promotions and/or competitions.
13. How to pay
13.1. You can pay for Products using a debit card or credit card, Cotswold Outdoor gift voucher, gift card or via PayPal.
13.2. Save for in relation to Special Orders, payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order or, in the case of Click and Collect orders, when you collect the Product(s) from your nominated store.
13.3. Gift vouchers, gift cards and eVouchers are subject to their own specific terms and conditions, which can be found here.
14. SPECIAL ORDERS
14.1. If we do not stock your preferred product, we can try our best to obtain the item direct from the supplier. However, the terms and conditions do differ between standard stock and a special orders in the following ways:
14.1.1. If ordering in store, the store will require a 25% deposit on the product.
14.1.2. Delivery can take 2-3 weeks, but we will do our best to give you an indication of how long we expect the order to take.
14.1.3. If we are unable to source the product you require, we will notify you of this and refund any monies paid.
14.1.4. You need to be exact on your preference of colour and size. Any special order items are special order items that fall within the scope of clause 7.2.3 meaning that you will not have the right to cancel the order, once it is placed. If you decide that you do not want the product after you have placed the order we will retain any deposit monies paid and reserve the right to charge you the cost price to us in obtaining the item for you.
14.1.5. No discount can be redeemed against a special order.
14.1.6. The supplier may charge a postal cost for a one off order and small order charge may also be included. We will notify you of these costs as soon as we are aware of them.
14.2. Please contact us, as outlined in clause 1.2, to discuss ordering a special item and the costs of doing so.
15. Manufacturer guarantees
15.1. All of the Products we sell to you come with a 12 month guarantee. Sometimes we offer this guarantee and sometimes it is the manufacture of the Product. If you have any concerns as to the quality of a Product bought from us, or wish to make a claim under a warranty or guarantee, please do contact us in the first instance or return the item to your nearest store and we will do our best to assist you.
15.2. If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15.3. If you are an Explore More member we give you additional guarantee benefits. The Explore More terms and conditions can be found here.
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1. Nothing in these Terms limits or excludes our liability for:
16.1.1. death or personal injury caused by our negligence;
16.1.2. fraud or fraudulent misrepresentation;
16.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
16.1.4. defective products under the Consumer Protection Act 1987.
16.2. Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
16.2.1. any loss of profits, sales, business, or revenue;
16.2.2. loss or corruption of data, information or software;
16.2.3. loss of business opportunity;
16.2.4. loss of anticipated savings;
16.2.5. loss of goodwill; or
16.2.6. any indirect or consequential loss.
16.3. Subject to clause 16.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
16.4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
17.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3. We do not in any way exclude or limit our liability for:
17.3.1. death or personal injury caused by our negligence;
17.3.2. fraud or fraudulent misrepresentation;
17.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
17.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
17.3.5. defective products under the Consumer Protection Act 1987.
18. Events outside our control
18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
18.3.1. we will contact you as soon as reasonably possible to notify you; and
18.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
19. Communications between us
19.1. When we refer, in these Terms, to "in writing", this will include e-mail.
19.2. If you are a consumer you may contact us as described in clause 1.2.
19.3. If you are a business:
19.3.1. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
19.3.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
19.3.3. 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.
19.3.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. Other important terms
20.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.5. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.6. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
20.7. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).