THESE CONDITIONS SET OUT THE BASIS ON WHICH YOU CAN VISIT AND USE OUR WEB SITE AND ON WHICH YOU PLACE ORDERS WITH US. PLEASE READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION.
Cyclepods Ltd (Company registration number 5790931 Cyclepods Ltd) owns this site and when ordering this is the company with whom you make a contract. If you want to ask us anything about these Conditions or have any comments or complaints on or about this web site please contact us.
In these Conditions references to we, us and our shall be references to Cyclepods Ltd
We may change these Conditions from time to time without notice to you and any changes will apply to subsequent orders received.
1 – Product Description + Pricing
We take every care in the preparation of the content of this web site, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, please note the following:
Colour and appearance on the web site will vary according to the resolution and the screen type of your computer. Therefore, we cannot guarantee that the appearance or colours of the products shown on the site exactly reproduce the appearance or colours of the products themselves.
The weights, dimensions and capacities given are approximate only.
The price you pay is the price displayed on our web site at the time we receive your order, and will be clearly stated on your order confirmation save that if we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price, or cancelling it. If we are unable to contact you we will treat the order as cancelled, and will give you a full refund.
Product descriptions may not reflect the exact position at the moment. We do not therefore offer any warranties as to their accuracy.
Where products are to be placed in a coastal location, client should be aware they may need to ask about upgrading to marine quality paint, as all products are offered in standard quality powder coating.
Packaging may vary from that shown.
2 – Payment
We will charge your credit card account immediately and authorise dispatch of the goods. Online orders must be paid for by credit/debit card. We accept Visa Credit, Master Card, Visa Debit, Switch, Solo. Pro formas may be paid for over the phone by credit or debit card (0845 094 0490) or by BACS transfer
Cyclepods Ltd Bank Details: HSBC
Sort Code: 40-31-24
or cheque payable to Cyclepods Ltd and sent directly to 5 Churchill Court, Hortons Way, Westerham, Kent TN16 1BT.
By providing us with credit or debit card details to pay for an order, you are confirming that the card you are using is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.
All goods will remain the property of Cyclepods Ltd, until paid for in full. Should we have to recover our goods-any amounts paid up until that point will be non-refundable.
3 – Accepting Your Order
We carry out checks and authorisation procedures on cards and cheques and our stock before your offer to buy from us is accepted. We reserve the right to reject any order placed with us, depending on the results of the checks and procedures that we carry out.
We will send order confirmation/invoice only to the e-mail address you have supplied to us. Goods will be dispatched separately to invoice. Please keep all paper work that we send you in case of query.
4 – Delivery
We deliver free, all orders to England & Wales addresses (unless otherwise specified). Deliveries to Northern Ireland, Scotland, Isle of Man, Isle of Wight and Channel Islands may be subject to a surcharge which depends on weight – we ask you to agree our delivery quote before we authorise delivery. We will deliver to the address you give us for delivery at the time of order. THE ONLY EXCEPTION TO THIS IS EXPRESS DELIVERY offered on certain products. This is charged as an optional extra, and provides for goods to be delivered next day (not including weekends, bank holidays etc) if an order is placed before 12.00pm that day. If for some reason we find we can not do this, we will endeavour to contact you as soon as possible to let you know. Whilst all care is taken to deliver within set time please note, we are still in the hands of the delivery companies and the information you have input into the site when ordering. For all customers taking their purchases further abroad please note this is done at your own risk and your warranty will be affected.
Delivery times vary depending on the product. Estimated delivery times are shown where possible with each product, but exact delivery times can not be confirmed.
If ordering out of office hours (which are Monday to Friday 9am – 5pm), please take the next office day as the start time any delivery time estimates.
Occasionally, the estimated delivery date is not met. Whilst we do our very best, we do not guarantee that delivery will take place on the day which we have said, time shall not be of the essence for delivery although unless specifically agreed with you.
We only deliver to areas mentioned above, however please note goods taken abroad, your warranty will be affected, but we will try and assist if at all possible.
We use independent companies with a proven reputation for deliveries, but cannot be held responsible for any damage they may cause delivering goods. Risk shall pass to you to check items on delivery, as we check all in good order as they leave our warehouses. Please reject delivery if sub standard and inform us within 48 hours of receiving goods.
5 – Order Cancellation + Returns
We reserve the right to cancel the contract between us if:
we have insufficient stock to deliver the goods you have ordered;
we do not deliver to your area; or
one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
In the event of a cancellation, if you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited from your credit card, less 25% which will be withheld in respect of costs incurred, will be re-credited to your account as soon as possible and in any event within 30 days of return of goods PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
For all orders, please note that refunds will not include any delivery charges incurred when your order was first sent to you or when you returned it. If we arrange collection, then the costs of collection will be treated as your costs of return and will be deducted from the price you first paid when calculating the refund you are due. Normal delivery terms (see above) apply to goods sent out in exchange.
5.6 In all cases normal delivery terms (see above) apply to goods sent out in exchange.
5.7 You have the right to cancel within 7 days of your contract with us or seven days after the receipt of goods. Whichever is the longer. Within this period you are entitled to a full refund including postage and delivery costs.
5.8 In the event of a custom made product cancellations will only be accepted 48 hours after the order has been processed, after this time we are unable to accept cancellations.
5.9 In the event of a custom made product cancellations will only be accepted 48 hours after the order has been processed, after this time we are unable to accept cancellations.
6 – A problem with the goods
If you are cancelling your order because of a problem with the goods, please let us know immediately what is the nature of the problem so we can make arrangements for their return and/or exchange. Please keep all the original packaging. (This can only be done if informed within 48hrs). This does not apply to goods taken abroad where it is the responsability of the client to return any faulty goods and collect replacements if deamd appropriate.
If, after inspecting the goods, we agree that they are substandard, we will send you a replacement, or, if you prefer, we will refund damaged goods in full, including any UK delivery charges incurred. Any replacement goods will be sent to you at a UK address free of charge. This does not apply to goods taken abroad.
6.3 If we do not agree that the goods are substandard then then the provisions of clause 5.7 will apply.
6.4 Please note that if goods have been delivered outside the UK, the return of goods and the shipping of any replacement goods will be at your cost.
7 – Manufacturers’ Guarantees
Manufacturers’ guarantees apply in addition to our cancellation and returns policy. Please contact us and we will liaise with the manufacturers on your behalf. If you prefer, you can contact the manufacturer direct – we can supply you with the contact details. This does not apply to goods taken abroad, although we will do our best to help.
8 – Installation
It is the customers responsibility to ensure that on the installation date, our site engineers can carry out the installation without any hindrance. If this is not the case, we reserve the right to charge the following additional surcharge:
- Half day delay (3 hours) £450 ex VAT
- Full day delay (6 hours) £750 ex VAT
9 – Copyright, Trademarks and Right to Use
All rights, including copyright and database right, in this web site and its content, are owned by or licensed to Cyclepods Ltd. Any use of this web site, its contents, or underlying source code and software – including copying or storing it or them in whole or part – other than for your own personal, non-commercial use is prohibited without the permission of Cyclepods Ltd. You may not modify, distribute or re-post anything on this web site for any purpose.
We reserve the right to use for our own purposes any material submitted to the web site, including text and images, either on the web site or in any other form, including for publicity purposes. We reserve the right to monitor submissions to the site and to edit or reject any submissions.
10 – Limitation of Cyclepods Ltd
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 10 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them (and you have not agreed to a later delivery) we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
to make good any shortage or non-delivery;
to replace or repair any goods that are damaged or defective; or
to refund to you the amount paid by you for the goods in question in whatever way we choose.
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 6.2(c) above.
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.
Notwithstanding the foregoing, nothing in these 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.
We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this web site
We make every effort to ensure that this web site is free from viruses or defects. However, we cannot guarantee that your use of this web site or any web sites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the web site and screen out anything that may damage it. We shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this web site.
We have placed links on this web site to other web sites we think you may want to visit. We do not vet these web sites and do not have any control over their content. We cannot accept any liability in respect of the use of these web sites. 10.10 Unless otherwise specified, the materials on this web site are directed solely at those who access this web site from the UK. We make no representation that any products or services referred to in the materials on this web site are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
11 – Other legal notices
There may be legal notices on other areas of this web site which relate to your use of this web site, all of which will, together with these terms and conditions govern your use of this web site
12 – Exclusions of liability
Any disclaimers and exclusions of liability in these Conditions shall not apply to any damages arising from death or personal injury caused by our negligence of (or any of their employees or agents) or fraud. Any disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions
13 – Jurisdiction
This web site, any content contained herein and any contract brought into being as a result of usage of this web site are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
14 – Statutory Rights
These terms and conditions do not affect your legal rights.