Terms And Conditions Of Sale

 

THESE TERMS SET OUT THE BASIS ON WHICH WE MAY SELL SMART LEVER PRODUCTS TO YOU.  THEY ALSO COVER THE SALE OF OTHER GOODS TO YOU BY US.

 

1. DEFINED WORDS USED IN THESE TERMS

1.1 In these Terms, when we say:

1.1.1 Smart Lever products, we mean the Smart Lever tool, the replacement parts that can be purchased for it, or accessories which can be used with Smart Lever, such as Bead Lever;

1.1.2 Good or Goods, we mean the goods that we sell, other than Smart Lever products;

1.1.3 order, we mean an order placed by you for Smart Lever products through our Website or using such other means as we may permit from time to time;

1.1.4 our agreement, we mean our agreement as defined in clause 1;

1.1.5 Privacy Policy, we mean our privacy policy, full details of which can be found on our Website HERE;

1.1.6 Terms, we mean these terms and conditions of sale;

1.1.7 we, us or our, we mean Bicycle Innovations Limited, Registered Office 7, Bridge Street, Winchester, SO23 0HN, UK (registered in England and Wales with company registration number 15465875).

1.1.8 Website, we mean the website – smartlever.uk (or such other URL as we may specify from time to time)) that is operated by us or on our behalf; and

1.1.9 you or your, we mean you, the customer ordering and purchasing goods or Smart Lever products.

1.2 In some areas you will have different rights under these terms depending on whether you are a business or a consumer. You are a Consumer if: you are an individual; you are buying Goods, or Smart Lever products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.3 If you order Goods or Smart Lever products on behalf of a company, organisation or other entity, then (i) you (as defined in clause 1.19) includes you and that company, organisation or other entity, and (ii) you represent and warrant that you are authorised to bind the company, organisation or other entity to our agreement (including these Terms), and that you agree to our agreement (including these Terms) on behalf of yourself and the company, organisation or other entity.

1.4 These Terms set out the basis on which we sell Goods or Smart Lever products to you. Subject to clause 3, by submitting an order for and/or purchasing any Goods or Smart Lever products, you are indicating your acceptance of these Terms and you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to order or purchase any Goods or Smart Lever products from us through our Website.

1.5 These Terms are only in the English language. Our agreement will not be filed by us.

1.6 If you view these Terms via our Website, you should print a copy of these Terms or save them to your computing device for future reference.

2. THIS AGREEMENT

2.1 Each order you place and purchase of Goods or Smart Lever products you make is subject to these Terms and any additional terms that apply to any promotional or special offers (together our agreement).

3. ORDERING GOODS or SMART LEVER PRODUCTS from us

3.1 You will have an opportunity to check and correct any input errors in your order via the Website up until the point at which you submit your order by clicking the “pay now” (or similar) button on the check-out page of our Website. Please carefully check your order at each stage of the order process. Once you have clicked the pay now (or similar) button, you will need to pay for the Goods or Smart Lever products you have ordered via the Website.

3.2 After submitting an order to us, you will be sent an order acknowledgement email with your order reference and details of the products you have ordered. Acceptance of your order and the formation of the contract between us will take place when we send you an email confirming that the products you have ordered are being dispatched to you, or their availability for collection in store (as the case may be), unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions detailed under RETURNS HERE.

3.3.1 Where you place an order in store, we accept your order when we provide you with a sales advice confirming that the order has been placed and processed;

3.3.2 when you place an order by telephone, we accept your order when we confirm that the order has been placed and processed.

3.4 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order (whether in whole or in part) we will refund any monies paid in connection with that order (or that part of the order that we do not accept).

3.5 If we accept your order, we have a legal duty to supply our Goods or Smart Lever products in conformity with our agreement, except as allowed by the terms of clause 13.

3.6 You must be 18 or over to purchase Goods or Smart Lever products from us via our Website.

4. PRICING AND DELIVERY CHARGES

4.1 Where applicable, the prices for Goods or Smart Lever products will include Tax / VAT and if applicable the amount of that Tax / VAT will be applied and will be shown on your invoice at the current applicable rate.

4.2 Prices for Goods or Smart Lever products exclude delivery charges unless expressly stated otherwise. Delivery charges vary depending on the Goods or Smart Lever products you order, the delivery address and the delivery method you select. When you place an order via our Website, delivery charges are calculated automatically in your shopping basket depending on your choices and delivery address and added to your order.

4.3 From time to time we may provide you with access to a discounted price for Goods or Smart Lever products. To take advantage of these promotional prices, you must quote the relevant discount code when you order (where applicable). We may update promotions at any time.

5. PAYING FOR YOUR GOOD(S) OR SMART LEVER PRODUCT(S):

5.1 The total cost of your order and/or purchases is the price of the Goods or Smart Lever products and applicable delivery charges.

5.2 We must receive payment in advance before your order and/or purchase can be processed.

5.3 Payment can be made by:

5.3.1 Credit Card – we currently accept Visa and MasterCard. Unfortunately, we are unable to accept American Express and pre-paid credit cards; and

5.3.2 all debit cards with a Visa or MasterCard logo.

5.4 When you pay by credit or debit card, payment is made with Shopify Payments. Shopify will process your card payment transaction in a highly secure environment. At no stage are your card details notified to us.

5.5 If you use a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

5.6 We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.

6. DELIVERY AND SHIPMENT OF YOUR ORDER

6.1 When you order, the terms that apply to your delivery will depend upon the Goods or Smart Lever products that you order, the delivery address and the delivery method you select.

6.2 We will use reasonable endeavours to deliver the Goods or Smart Lever products within the time specified. The dispatch time estimates shown on the Website or your payment confirmation are a guide only. If we cannot deliver your order within 30 days of your payment (including, but without limitation, where we don’t have all the components in stock) we will provide by email an estimated date on which your order will be completed and be ready for dispatch or collection.  If you do not accept the revised estimated dispatch/collection date, you will be entitled to cancel your order (within 14 days) and receive a refund.  If you accept the revised estimated dispatch/collection date you will not then have the right to cancel your order except at our discretion, and we reserve the right to make a charge (see Clause regarding cancellation terms). We will notify you by email that the Goods or Smart Lever products have been dispatched.

6.3 You must also do all that you reasonably can to enable the delivery to take place. If our courier is unable to deliver the Goods or Smart Lever products as a result of your action or inaction (for example, you are not present at your property where a signature is required), our courier may need to arrange an alternative delivery date and we reserve the right to charge you a further fee should this become necessary.

6.4 We will not nor will our courier provide any unpacking, fitting or waste removal services.

6.5 Unless we have agreed otherwise, Goods or Smart Lever products may require a signature for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Goods or Smart Lever products to the address you specified in your order.

6.6 If you do not receive your Goods or Smart Lever products within the stated time, you must notify us immediately using our CONTACT FORM HERE.

6.7 On delivery of the Goods or Smart Lever products to you, these shall be at your risk and responsibility and you will be responsible for their safekeeping and we will not be responsible for any damage or fault arising from incorrect storage. You will own the Goods or Smart Lever products on delivery of them to you or when we have received payment in full from you, whichever is the later.

6.8 Until ownership of the Goods or Smart Lever products passes from us to you, you shall hold them on our behalf and shall store them at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. We may, before ownership passes to you, require you to deliver up the Goods or Smart Lever products to us and, if you fail to do so, may repossess them. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Goods or Smart Lever products.

7. CANCELLATION OF YOUR ORDER

7.1 You may cancel your order (or any part of it) for Goods for any reason before dispatch or within 14 days after the date of delivery. Where your order comprises multiple delivery shipments, the 14 day cancellation period for the Good(s) in your order runs from the date of the delivery of the last shipment to you.

7.2 Please refer to the terms in our RETURNS policy for information on how to return items.

7.3 You may need to take delivery of the Good(s) before you can cancel or change your order if the Good(s) are placed into our delivery process before we receive your notice of cancellation or change. This does not affect your statutory rights.

7.4 if you make a mistake in any part of placing your order or want to change your order please contact us using the CONTACT FORM HERE to advise us at the earliest opportunity. We reserve the right to make an additional charge to cover any additional costs incurred by us in correcting or changing your order, if this is possible, subject to the terms in 7.3

8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

If you are acting as a Consumer

8.1 In your ordering and/or purchasing of Goods or Smart Lever products, to the extent not prohibited by law, we accept no liability for any:

8.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement) including, without limitation, loss or damage to items you have supplied or left at our premises;

8.1.2 loss which arises when we are not at fault or in breach of our agreement; and

8.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

8.1.4 consequential losses or damage/injury whether to the consumer or any third party or animate or inanimate object relating to failure of any wheel rim, tyre or inner tube where Smart Lever has been used. Customers are responsible for checking to their own satisfaction that any wheel rim, tyre or inner tube is safely and correctly installed, and in satisfactory condition, before riding their bicycle.

8.2 You may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a Consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.

If you are acting as a business customer

8.3 If you are acting in the course of a business, trade or profession in your ordering and/or purchasing of Goods or Smart Lever products (a business customer):

8.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for (i) any loss of profit and (ii) any indirect or consequential loss; and

8.3.2 our total liability to you for all other losses, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid by you under our agreement.

8.4 If you are acting as a business customer in your ordering and/or purchasing of Goods or Smart Lever products, you acknowledge and agree that all our obligations to you are set out in our agreement.

8.5 If you are acting as a business customer in your ordering and/or purchasing of Goods or Smart Lever products, except as set out in our agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.

Liability provisions that apply whether you act as a Consumer or business customer

8.7 Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.

8.8 Our Website may contain information and materials created and submitted by third parties, and, subject to clause 8.7, we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.

9. OUR RIGHTS TO CANCEL

9.1 We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Goods/Smart Lever products to you, provided that where you have paid for Goods/Smart Lever products in advance of our cancellation of our agreement, we shall, at our discretion, supply those Goods/Smart Lever products to you or cancel the supply of those Goods/Smart Lever products and refund you the price paid for those Goods/Smart Lever products.

9.2 We may cancel your order at our absolute discretion due to any event, without limitation, not foreseeable or out of our reasonable control at the time we accepted your order, which obstructs or detrimentally affects our ability to supply your order.  If the order subsequently arrives it remains in our ownership and you must keep it safe until we have arranged collection or made other arrangements with you. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply Goods/Smart Lever products to you, provided that where you have paid for Goods/Smart Lever products in advance of our cancellation of our agreement, we shall, at our discretion, supply those Goods/Smart Lever products to you or cancel the supply of those Goods/Smart Lever products and refund you the price paid for those Goods/Smart Lever products.

10. EVENTS BEYOND OUR CONTROL

10.1 We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Goods/Smart Lever products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, epidemic/pandemic, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

11. YOUR PERSONAL INFORMATION

11.1 In the course of our dealings with you we will collect and process personal information about you, including to administer and process your order, and to provide the Goods/Smart Lever products. Further information on the manner in which we process personal information is set out in our Privacy Policy HERE.

12. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

12.1 Subject to clause 12.2, you and we agree that our agreement is governed by the laws of England and Wales and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.

12.2 Regardless of clause 12.1, you and we agree that if you are a resident in a part of the United Kingdom other than England and Wales, the law of that part of the United Kingdom will apply to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts located there.

13. CONTACTING US AND YOU

13.1 If you have any questions, complaints or concerns with respect to your order or these Terms, please contact us using the CONTACT FORM HERE.

13.2 Any formal legal notices should be sent to Bicycle Innovations Limited at our registered office address at 7 Bridge Street, Winchester, SO23 0HN, UK.

13.3 If we have to contact you or give you notice in writing, we will do so by email or by hand or by pre-paid post to the address you provide to us in your order or we otherwise hold for you.

14. OTHER IMPORTANT TERMS

14.1 If any provision of our agreement (including any provision in which we exclude or limit our liability to you) is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of our agreement and the remainder of the provision in question shall not be affected.