Road Bike > Terms And Conditions
- Format of the Contract
- These terms of sale apply to all goods supplied by the supplier, Delkevic Ltd, Whittakers Building, Clough Street, Hanley,
Staffordshire, ST1 4BA.
- ii. No contract exists between you and the Supplier
for the sale of any goods until the Supplier has received and accepted
your order.
- iii. An acceptance of your offer to buy the goods will be sent shortly after your order.
- iv. However, we do have the right to terminate the contract in the
event that the goods are unavailable, mis-priced or cleared funds are
not received.
- v. The contract is subject to your right of cancellation (see below).
- vi. The Supplier may change these terms of sale without notice to you in relation to future sales.
- Description and price of the goods
- i. The description and price of the goods you order will be as shown on
the Supplier's website at the time you place your order.
- ii. The goods are subject to availability. If on
receipt of your order the goods you have ordered are not available in
stock we will not accept your order. If after acceptance or your order
the Supplier discovers within [14 days] of our acceptance that the
goods are unavailable we may terminate the contract and refund or
re-credit you for any sum that has been paid by you or debited from
your credit card for the goods.
- iii. Every effort is made to ensure that prices
shown on the Supplier's website are accurate at the time you place your
order. If an error is found within 14 days of accepting your order, the
Supplier will inform you as soon as possible and offer you the option
of reconfirming your order at the correct price, or cancelling your
order. If the Supplier does not receive an order confirmation within 14
days of informing you of the error, the order will be cancelled
automatically. If you cancel the order, or if the order is cancelled
automatically due to the expiry of the 14 day period, the Supplier will
refund or re-credit you for any sum that has been paid by you or
debited from your credit card for the goods.
- iv. In addition to the price, you may be required to pay a delivery charge for the goods.
- Payment
- i. Payment for the goods and delivery charges can be made by any method
shown on the Supplier's website at the time you place your order.
Payment shall be due before the delivery date and time for payment
shall be a fundamental term of this agreement, breach of which shall
entitle the Supplier to terminate the contract immediately.
- ii. There will be no delivery until cleared funds are received.
- iii. Payments shall be made by you without any deduction whatsoever
unless you have a valid court order requiring an amount equal to such
deduction to be paid by the Supplier to you.
- Delivery
- i. The
goods you order will be delivered to the address you give when you
place your order. We will only deliver goods via the website to UK
addresses.
- ii. If delivery cannot be made to your address
for reasons under the Supplier's control the Supplier will inform you
as soon as possible.
- iii. If you deliberately fail to take delivery
of the goods (otherwise than by reason of circumstances under control
of the Supplier) then without prejudice to any other right or remedy
available to the Supplier , the Supplier may: a. store the goods until
actual delivery and charge you for reasonable costs (including
insurance) of storage; or b. sell the goods at the best readily
obtainable price and (after deducting all reasonable storage and
selling expenses) account to you for any excess over the price you
agreed to pay for the goods or charge you for any shortfall below the
price you agreed to pay for the goods.
- iv. If you fail to take delivery because you
have cancelled your contract under the Distance Selling Regulations the
Supplier shall refund or re-credit you within 30 days for any sum that
has been paid by you or debited from your credit card for the goods. On
exercising your right to cancel you shall be required to return the
goods to the Supplier. Should you fail to return the goods, the
Supplier reserves the right to deduct any direct costs incurred by the
Supplier in retrieving the goods as a result of such failure.
- v. Every effort will be made to deliver the
goods as soon as possible after your order has been accepted. However,
the Supplier will not be liable for any loss or damage suffered by you
through reasonable or unavoidable delay in delivery. In this case, the
Supplier will inform you as soon as possible.
- vi. Upon receipt of your order you will be asked
to sign for the goods received in good condition. If the package does
not appear to be in good condition then please refuse the delivery. If
you are unable to check the contents of your delivery at the point of
delivery then please sign for the parcel as "UNCHECKED". Failure to do
so may affect any warranty claims that you make thereafter.
- Risk/Title
- i. The goods are at your risk from the time of delivery.
- ii. Ownership of the goods shall not pass to you until the Supplier has
received in full (in cash or cleared funds) all sums due to it in
respect of:
a. the goods, and
b. all other sums which are or which become due to the Supplier from you on any account.
- iii. The Supplier shall be entitled to recover payment for the goods
even though ownership of any of the goods has not passed from the
Supplier.
- Title for Business Customers
- i.If you are a business customer until ownership of the goods has passed to you, you must:
a. store the goods (at no cost to the Supplier) separately from all
your other goods and goods of any third party in such a way that they
remain readily identifiable as the Supplier's property;
b. not destroy, deface or obscure any identifying mark or packaging on
or relating to the goods; maintain the goods in satisfactory condition
and keep them insured on the Supplier's behalf for their full price
against all risks to the reasonable satisfaction of the Supplier. On
request you shall produce the policy of insurance to the Supplier; and
c. hold the proceeds of the insurance referred to in condition (b) on
trust for the Supplier and not mix them with any other money, nor pay
the proceeds into an overdrawn bank account.
- ii. If you are a business customer your right to possession of the goods shall terminate immediately if:
b. you have a bankruptcy order made against you or make an arrangement
or composition with your creditors, or otherwise take the benefit of
any statutory provision for the time being in force for the relief of
insolvent debtors, or (being a body corporate) convene a meeting of
creditors (whether formal or informal), or enter into liquidation
(whether voluntary or compulsory) except a solvent voluntary
liquidation for the purpose only of reconstruction or amalgamation, or
have a receiver and/or manager, administrator or administrative
receiver appointed of its undertaking or any part thereof, or a
resolution is passed or a petition presented to any court for your
winding up or for the grant-ing of an administration order in respect
of you, or any proceedings are commenced relating to your insolvency or
possible insolvency; or
c. you suffer or allow any execution, whether legal or equitable, to be
levied on your property or obtained against you or you are unable to
pay your debts within the meaning of section 123 of the Insolvency Act
1986 or you cease to trade; or
d. you encumber or in any way charge any of the goods.
- Your right of cancellation
- i. You have the right to cancel the contract at any time up to 7 days
after you receive the goods (see below). Please note that this policy
has some limitations and does not apply to business customers.
- ii. To exercise your right of cancellation, you
must give written notice to the Supplier by hand, post or e-mail,
giving details of the goods ordered and (where appropriate) their
delivery. Notification by phone is not sufficient.
- iii. Except in the case of faulty or mis-described
goods, if you exercise your right of cancellation after the goods have
been delivered to you, you will be responsible for returning the goods
to the Supplier at your own cost. The goods must be returned to the
address shown within the Contact Us section of the website. You must
take reasonable care to ensure the goods are not damaged in the
meantime or in transit. In the case of faulty or misdescribed goods we
shall, after receiving notification in accordance with clause 8.i or
8.ii, send you the parts required to repair the item. For significant
problems we will collect the goods from you or ask you to return the
goods yourself and possibly refund you the reasonable postage costs.
- iv. Once you have notified the Supplier that you
are cancelling the contract, the Supplier will refund or re-credit you
within 30 days for any sum that has been paid by you or debited from
your credit card for the goods.
- v. Except in the case of faulty or misdescribed
goods, if you do not return the goods as required, the Supplier may
charge you a sum not exceeding the direct costs of recovering the
goods.
- vi. You do not have the right to cancel the
contract if the order is for computer software, CD or DVD Media which
has been unsealed by you, or for consumable goods which, by their
nature, cannot be returned, save where a fault is discovered which
could not have been discovered otherwise than by unsealing the goods.
- vii. Goods which have been
incorrectly ordered by the consumer may be returned within 7 days
subject to a 15% restocking fee. This does NOT include goods stated in
section (vi) - Your right of cancellation.
- Warranty
- i.
All goods supplied by the Supplier are warranted free from defects for
1 months from the date of supply (unless otherwise stated). This
warranty does not affect your statutory rights as a consumer.
- ii. This warranty does not apply to any defect in
the goods arising from fair wear and tear, willful damage, accident,
negligence by you or any third party, use otherwise than as recommended
by the Supplier, failure to follow the Supplier's instructions, or any
alteration or repair carried out without the Supplier's approval.
- iii. If the goods supplied to you are damaged on
delivery, you should notify the Supplier in writing via e-mail within 7
working days. (Please note that this is 48hrs for our business
customers)
- iv. If the goods supplied to you develop a defect
while under warranty or you have any other complaint about the goods,
you should notify the Supplier in writing via e-mail, as soon as
possible, but in any event within 14 days of the date you discovered or
ought to have discovered the damage, defect or complaint.
- v. If you wish to return the goods for inspection,
repair of cancellation then you will be responsible for returning the
goods to the Supplier at your own cost .
- Limitation of Liability
- i. Subject to (ii) below, if you are a consumer the Supplier shall not
be liable to you for any loss or damage in circumstances where:
a. there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
b. such loss or damage is not a reasonably foreseeable result of any such breach;
c. any increase in loss or damage resulting from breach by you of any term of this contract.
- ii. Nothing in these conditions excludes or limits the liability of the
Supplier for death or personal injury caused by the Supplier's
negligence or fraudulent misrepresentation.
- iii. If you are a business customer the
Supplier shall not be liable to you for any indirect or consequential
loss or damage (whether for loss of profit, loss of business, depletion
of goodwill or otherwise), costs, expenses or other claims for
consequential compensation whatsoever (howsoever caused) which arise
out of or in connection with this agreement.
- Data Protection
- The Supplier will take all reasonable precautions to keep the details
of your order and payment secure but unless the Supplier is negligent,
the Supplier will not be liable for unauthorised access to information
supplied by you.
- Images
- Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to
English law and the English courts will have jurisdiction in respect of
any dispute arising from the contract, save that consumers resident in
Scotland shall have the right to insist upon these terms being
construed in accordance with the laws of Scotland and to submit to the
jurisdiction of Scottish courts.