Terms and Conditions
Please read these terms and conditions carefully. We draw your attention to your rights of return and cancellation in clauses 7 and 9, the limits to responsibility in clause 10 and, for trade customers, the additional provisions in clause 11. Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer.
These Terms and Conditions govern the supply of goods sold by Laight Designs Limited (trading as BikeStow) (company no. 11631921) of 36 Westfield Road, Birmingham B15 3QG (we and us) to the customer (you).
All orders placed by you and purchases of goods from us are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you, at which point a legally binding contract is constituted between you and us.
The processing of your payment and acknowledgement of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.
On our website, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "Purchase" button on the checkout page.
All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
If we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
The price payable for the goods you order or purchase is as set out on our website at the time you submit your order, plus any charges for delivery as advised to you. All prices include the current applicable VAT rate unless otherwise stated.
Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
If, for whatever reason, your payment is not received by us and you have already received the goods, you must: (i) pay for such goods within 30 days; or (ii) return them to us as soon as possible and in the meantime keep the goods in your possession, take reasonable care of them and not use them before you return them to us.
If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clause 7.
Payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.
By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase.
We recommend that you do not communicate your payment card details to anyone, including us, by email. We are not responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
DELIVERY & TITLE
We aim to deliver the goods in accordance with your order usually within the stated delivery time but not more than 30 days after the day you place your order. Unless otherwise agreed between you and us, if we cannot deliver the goods within 30 days, we will let you know, cancel your order and give you a refund as soon as possible.
If nobody is available to take delivery, please contact us using the contact details in clause 12.
Upon delivery of the goods to you the goods shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full.
We can deliver an order in instalments by separate delivery shipments. Further information about delivery of our goods can be found at Delivery.
RIGHT TO CANCEL
You can cancel your order and return the items purchased to us by giving us notice of cancellation within 14 days, without giving any reason. The cancellation period will expire after 14 days from the date of delivery to you. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post or email). You can use the model cancellation form at Returns, but it is not obligatory.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than:
· 14 days after the day we received back from you any goods supplied; or
· (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
· if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you have received goods you must return the goods or hand them over to us (together with the original packaging) without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately £30 per item. You are liable for any diminished value of the goods (for example due to damage or alteration), but not to the extent caused by any handling necessary to establish the nature, characteristics and functioning of the goods.
NATURE OF GOODS
We try to make sure that all weights, sizes and measurements set out on the site are as accurate as possible. However, there may be a small tolerance of up to 5% in such weights, sizes and measurements.
We try to make sure that the colours of our goods are displayed accurately on the site. However, the actual colours that you see on your computer may vary depending on the monitor that you use.
Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
We must provide you with goods that comply with your legal rights. A summary of your key legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at Returns. For more detailed information on your rights and what you should expect from us, visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06. Nothing in this contract affects your ‘statutory rights’. You may also have other rights in law.
Please contact us using the contact details in clause 12 if you want us to repair or replace the goods, a price reduction or to reject the goods and get a refund.
LIMIT ON OUR RESPONSIBILITY TO YOU
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for losses that were not foreseeable to you and us when the contract was formed or that were not caused by any breach on our part.
If you are a trade customer, this clause 11 applies in addition to the other provisions of these Terms and Conditions. A trade customer is someone who acts within the course of their business, trade or profession.
You agree that these Terms and Conditions constitute the entire and only agreement between you and us.
We have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions.
Further, we are not liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
In addition, we are not responsible to you for the use of the goods by you or, in the event that you allow another person to use the goods, to you or the other person for the use of the goods by the other person. Accordingly, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the use of goods that we supply.
However, nothing in these Terms and Conditions is intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.
CONTACT DETAILS & DISPUTES
If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by post at 36 Westfield Road, Birmingham, B15 3QG or by email to firstname.lastname@example.org.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. The European Union has set up an Online Dispute Resolution (ODR) platform. If you are not happy with how we have handled a complaint about your transaction, disputes may be submitted for online resolution to the ODR Platform at www.ec.europa.eu/odr.
If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract. The laws of England and Wales apply to this contract.
PRIVACY AND OTHER MATTERS
No one other than a party to this contract has any right to enforce any term of this contract. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract. This contract is only available in English. No other languages will apply to this contract.