PEAK cyclesport Terms and Conditions
- GENERAL WEBSITE TERMS AND CONDITIONS
- WELCOME TO THE PEAK cyclesport WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.peakcyclesport.com BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
In these Terms and Conditions the following terms shall have the meanings set out below:
- "Seller" shall mean PEAK cyclesport: PEAK cyclesport, Wood Street Mill, Pickford Street, Macclesfield, SK11 6JQ. VAT NO. GB 947858849
- "Buyer" shall mean any person, partnership or body corporate detailed in the appropriate section of the sales invoice/order form/delivery note.
- "Goods" shall mean the item/s detailed in the appropriate section of the sales invoice/order form/delivery note.
- "Price" shall mean the sum due to the Seller from the Buyer for the Goods and shall include VAT at the appropriate rate unless otherwise stated.
- "Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
- "Calendar day" shall mean any day including Saturdays, Sundays and public holidays.
General email: [shopemail]
Telephone number: 01625426333
- 1. INTRODUCTION
- 1.1 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1.2 If you have any concerns about material on our site, please contact us by email at [shopemail].
- 2. ORDERING FROM US
- 2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made , unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
Your card may be charged the shown amount when you place the order on-line, though most commonly we only charge your card when goods are ready to be dispatched. Should items not be available and payment has been taken, we will contact you to discuss delivery / refund options.
Please note that we are currently unable to ship any items overseas i.e. not mainland Uk
- (a) where goods, services or information ordered by you are not available;
- (b) where we cannot obtain authorisation for your payment;
- (c) if there has been a pricing or product description error; or
- (d) if you do not meet any eligibility criteria set out in our terms and conditions.
- (e) if we do not deliver to your area;
- 3. PRICING
- 3.1 All prices include VAT (where applicable) at the current rates.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rate will be displayed to you prior to you placing your order.
3.3 Our prices are reviewed regularly.
- 4. DELIVERY
- 4.1 Where possible, we aim to despatch your goods within a "working day" of receiving your order. We will deliver goods ordered by you as soon as possible to the address you give us for delivery, within 28 days of your order except where we contact you to inform you of delays.
4.2 Where we inform you of delays, you will have the right to cancel your order or accept our revised projections for delivery.
4.3 We will inform you by email at the point when your goods are dispatched.
4.4 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 14 working days of the delivery of the goods in question.
4.5 If you do not receive goods ordered by you within 28 days of our notification of dispatch, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 days of our maximum delivery period of 28 days from the date on which we informed you that we had dispatched the goods.
4.6 You will be required to sign for goods in most circumstances.
4.7 You are required to check goods immediately upon receipt to check for signs of delivery damage and, where you believe damage has occurred, you must mark the delivery driver's paperwork to indicate that the goods are "damaged" or, where the goods are substantially damaged, refuse delivery completely and contact us immediately on 01625426333. It is very difficult for us to claim against our courier's insurance if you have signed to accept the goods.
4.7 We are currently only able to dispatch goods to the card holders address as given when the order is placed.
- 5 LIABILITY
- 5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 working days of the delivery of the goods in question.
5.2 If you do not receive goods ordered by you within 28 days of the receipt of the notification of dispatch, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 42 days of the receipt of the notification of dispatch.
5.3 If you notify a problem to us under condition 5.2, our only obligation will be, at your option:
5.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.3(c) above.
- (a) to make good any shortage or non-delivery;
- (b) to replace or repair any goods that are damaged or defective; or
- (c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
5.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
5.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
- 6. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY - FOR CONSUMERS ONLY
- 6.1 This section applies to consumers only (and not to businesses or other organisations) who order goods
6.2 If you wish to cancel your order:
6.3 You can change your mind and return goods you have ordered from us for any reason at any time within 14 working days of receipt commencing the day after receipt for a full refund or exchange, subject to the following;
- (a) you can notify us by email to [shopemail] before we have dispatched the goods to you; or
- (b) where goods have already been dispatched to you, by notifying us in writing either at our registered address or by emailing [shopemail] and subsequently returning goods to us in accordance with clause 6.3 below.
6.4 We will issue a refund of the purchase price of the goods and any associated initial delivery costs or an exchange credit as required, less (if for any reason the these costs have not been paid by you) the costs of delivery to us upon receipt of goods or within 30 days of your notice whichever is the soonest.
- 6.3.1 You must inform us in writing of your cancellation, at out registered address or by emailing [shopemail] within 14 working days of your receipt of the goods.
- 6.3.2 You must return the goods to us at your expense, to be received by us within 14 calendar days of issuing your written notice of cancellation.
- 6.3.3 You must take reasonable care of the goods whilst they are in your charge.
- 6.3.4 You accept full responsibility for the goods until they are received by us, in an unused and satisfactory condition, and are therefore advised to employ a "signed for" and insured delivery service when returning goods.
- 6.3.5 Where goods have not been received by us within 14 calendar days of your notice, we reserve the right to collect such goods from your premises and at your expense, the cost of which will be advised to you, and you are required to make the goods available for our collection on a mutually convenient day within the following 10 working days (saturdays and sundays are NOT working days).
6.5 The rights to return the goods to us as referred to in clause 6.3 will not apply in the following circumstances: -
The provisions of this clause 6.5 do not affect your statutory rights.
- * in the event that the product has been used or fitted save for your need to assess the product for suitability.
- * to any products that we have made or customised specifically for you
- * to any products that by their nature have a limited lifespan, such as flowers and fresh food
- * to any product where packaging seals have been broken where the seal is required to maintain the product.
- 7. LICENCE
- 7.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
- (a) no documents or related graphics on this Website are modified in any way;
- (b) no graphics on this Website are used separately from accompanying text; and
- (c) any of our copyright and trade mark notices and this permission notice appear in all copies.
7.3 Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4 Any rights not expressly granted in these terms are reserved.
- 8. SERVICE ACCESS
- 8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- 9. VISITOR MATERIAL AND CONDUCT
9.2 You are prohibited from posting or transmitting to or from this Website any material:
9.3 You may not misuse the Website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, "stalk" or harass another or collect or store personal data about other users ).
- (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- (b) for which you have not obtained all necessary licences and/or approvals;
- (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.
9.5 It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. Remember that the site and your content may be accessed by children.
9.6 If you notice any content which breaches these conditions, please notify us by email to [shopemail].
- 10. LINKS TO AND FROM OTHER WEBSITES
- 10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.
- (a) you do not remove, distort or otherwise alter the size or appearance of the PEAK cyclesport logo;
- (b) you do not create a frame or any other browser or border environment around this Website;
- (c) you do not in any way imply that we are endorsing any products or services other than our own;
- (d) you do not misrepresent your relationship with us nor present any other false information about us;
- (e) you do not otherwise use any PEAK cyclesport trade marks displayed on this Website without our express written permission;
- (f) you do not link from a website that is not owned by you; and
- (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
10.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2
- 11. DISCLAIMER
- 11.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
11.2 The material on this Website is provided ďas is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
- 12. LIABILITY
- 12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
12.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.4 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
- 13. GOVERNING LAW AND JURISDICTION
- 13.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
13.2 We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
- 14. MISCELLANEOUS
- 14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
14.3 No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
- 15. PRODUCT SPECIFICATION
- As with any product, specification is subject to change without prior notification. You are advised to confirm current specification before buying.
Please be aware that while we do our best to display current specification as accurately as possible, there can be slight errors in specification.
Please note, where weights are shown, this is only an approximate weight supplied by the manufacturer, and each individual product can vary. Weights are usually based on a medium size.
Sizing where shown in cm's or inches (") are rounded to the nearest full cm or half an inch. Please be aware slight mistakes can occur here, you are advised to email or telephone us for more exact measurements.
- 16. OUR CUSTOMERS RIGHTS
- Peakcyclesport is a UK company and complies with UK consumer law, this includes the Distance Selling Regulations which give you the right to return any goods or cancel an order within 7 days.
All prices and offers are subject to change and availability.
Our Terms and Conditions do not affect your statutory rights.
- 17. CYCLESCHEME IN CONJUNCTION WITH DISCOUNTED PRICING
- Most cycle-to-work providers, including Cyclescheme, charge a commission, to the extent that we are often unable to offer Cyclescheme in conjunction with other offers. In these cases, the sale price is grossed up by the commission. For example, Whyte Stirling 2013, RRP £999, sale price £750, Cyclescheme price £825. So, there's still a substantial saving against the RRP, just not quite as much as with a cash/card sale - and you still get all the tax benefits of Cyclescheme.