General

1. www.cycle-services.co.uk is a site operated by Automotive Performance Services (Brackley) Limited ("Cycle Services Limited" or "us"). Automotive Performance Services (Brackley) Limited is registered in England and Wales under company number 7226236, VAT number 87474409. Automotive Performance Services (Brackley) Limited trading name is Cycle Services Limited, and we sell and supply bicycles, bicycle equipment, clothing and accessories in the course of our trade and business. Cycle Services Limited can be contacted via email at info@cycle-services.co.uk.

2. The buyer ("you") shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, their legal rights shall remain unaffected. Any reference to you within these terms and conditions shall be as a consumer buyer unless specified as being a reference to a trade buyer.

3. The "Goods" shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between you and us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order form.

4. The "Price" shall mean the amount payable to Cycle Services Limited for the Goods plus VAT (at the rate applicable from time to time), and the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing by us to you. If you select a delivery country outside the EU, prices will be displayed VAT free.

5. These terms and conditions shall apply to all of our quotations, orders (including telephone orders) and contracts for the sale or supply of Goods by Cycle Services Limited. In respect of any sales of Goods to trade buyers, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order, are hereby excluded and shall not be binding upon us.

6. We reserve the right to amend technical or clerical errors in any order without notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.

Guarantees

7. All guarantees in respect of Goods are provided entirely by the manufacturers/UK importers and are subject to terms contained therein. You are reminded to complete all warranty cards/documents upon receipt of the Goods where appropriate.

Title

8. Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. In the event that sums owing in respect of other Goods ordered within a single order remain due, we shall apportion the sums owing for such Goods without prejudice to our right to retain title in respect of all Goods ordered.

Liability

9. If the Goods we deliver are not what you ordered or are damaged or defective, please contact us as soon as possible at info@cycle-services.co.uk so that we can resolve the issue. All such issues are dealt with on a case by case basis.

10. 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 us of under these terms and conditions 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.

11. 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 or as a result of fraud by Cycle Services Limited or any of its employees or agents. These 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.

Password / Account Security

12. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. It is important that you keep your personal details and password confidential and secure. If you have any reason to suspect that your password has become known by someone else, has been or is likely to be used without your authorisation, you should change your password or contact us immediately. Cycle Services Limited shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

Indemnity

13. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the terms and conditions by you or any other liabilities arising out of your use of the www.cycle-services.com, or the use by any other person accessing www.cycle-services.co.uk using your shopping account and/or your personally identifiable information.

Installation and Use of Goods

14. Any advice given by our staff during store/telephone/internet orders is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which Goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.

15. You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.

16. Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.

Competition Goods

17. Any Goods specified as and supplied as 'Competition Goods' are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such Goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers' guarantees. You agree that such use shall be a relevant circumstance for the purposes of the Sale of Goods Act 1979 (as amended) and the Consumer Rights Act 2015. In addition, any parts connected to Competition Goods may be placed under stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.

Terms

18. Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services.

19. Quotations are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the price of any orders placed before the variation will remain the same and no further increases will be passed to you.

Events beyond our control

20. We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, war or actions by third parties.

Third Party Rights

21. Notwithstanding any other provisions of these terms and conditions, nothing in these terms and conditions shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).

Jurisdiction

22. These terms and conditions shall be governed by and interpreted in accordance with English Law and industry custom and practice, and the English courts shall have exclusive jurisdiction in respect of any claims or disputes (whether contractual or non-contractual) arising therefrom. Cycle Services Limited agrees that this jurisdiction clause shall not apply to the exclusion of any mandatory consumer rights afforded to customers by the laws of their country of residence.

Entire Agreement

23. These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Alternative Dispute Resolution

24. Cycle Services Limited will always try to resolve complaints as quickly as possible. However, if we’ve not resolved your complaint to your satisfaction, you can refer the issue to the independent “Alternative Dispute Resolution” (“ADR”) service provided by The Retail Ombudsman (see the Ombudsman’s website). Provided your complaint is in their remit, they will investigate your complaint free of charge.

25. If you have purchased your goods online, you also have the right to pursue Online Dispute Resolution (“ODR”) through the ODR Platform, accessible via the following url: www.ec.europa.eu/odr.

26. Please note that although you have the right to bring a complaint to The Retail Ombudsman, or through the ODR Platform, Cycle Services Limited is not legally bound to comply with the ADR/ODR process and, therefore, shall be entitled to elect not to participate in the event that you do bring such a claim.

Changes to these Terms & Conditions

27. We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.

Accuracy

28. All orders you place on www.cycle-services.co.uk will be subject to our acceptance in accordance with these terms and conditions.

29. Please note the price you pay for Goods supplied by Cycle Services Limited, and the delivery service provided by the delivery service provider, is the price displayed on this website at the time we receive your order. Whilst we try and ensure all prices on www.cycle-services.co.uk are accurate, errors may occur. Should we discover an error in the price of Goods you have ordered we will inform you as soon as possible. At this time, we will give you the option of reconfirming your order at the correct price, or cancelling it and receiving a full refund of any monies paid in relation to those Goods. If we are unable to contact you, we will treat the order as cancelled.

30. All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access www.cycle-services.co.uk (here in after the “Website”). This acceptable use policy applies to all users of, and visitors to, our Website.

Your use of our Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms and Conditions, Privacy and Cookie policies.

Prohibited Uses

The Website may only be used by you for lawful purposes and may not, in any way or event, be used:

1. In any way that is unlawful (under local, national or international law) or fraudulent, or has any unlawful or fraudulent purpose or effect;

2. For the purpose of harming or attempting to harm minors in any way;

3. To send, knowingly receive, upload, download, use or re-use any material which does not lawfully belong to you;

4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Websites, or any computer software or hardware.

You also agree:

1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions;

2. Not to access without authority, interfere with, damage or disrupt:

i) Any part of our site;

ii) Any equipment or network on which our site is stored;

iii) Any software used in the provision of our site; or

iv) Any equipment or network or software owned or used by any third party.

Interactive Services

We may from time-to-time provide on the Websites interactive services, including, but not limited to product reviews and customer feedback. Any interactive service will be provided with information as to the kind of service offered, if it is moderated and what form of moderation is in use (including whether it is human or technical).When contributing to the Website through an interactive service you must ensure that your contributions must:

1. Be accurate (where they state facts);

2. Be genuinely held (where they state opinions);

3. Comply with all applicable law in the UK and in any country from which they are posted.

Contributions by you to the Website must not:

1. Contain any material which is defamatory of any person;

2. Contain any material which is obscene, offensive, hateful, or inflammatory;

3. Contain any sexually explicit material;

4. Contain, condone or promote violence;

5. Contain, condone or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

6. Infringe any copyright, database right or trade mark of any other person;

7. Be likely to deceive or defraud any person;

8. Contain, condone or promote any illegal activity;

9. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

10. Be likely to harass, upset, embarrass, alarm or annoy any other person;

11. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

12. Give the impression that they emanate from us or any of our partners, if this is not the case.

Copyright

Any material you upload to the Website will be considered non-confidential and non-proprietary, and in uploading such material you grant us the have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

Linking to our site

You may add a link to our Website to any website owned or controlled by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Any such link must not suggest, in either an explicit or implied manner, any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply in all respects with the content standards set out in this acceptable use policy.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without the need to give a reason and without notice. If you wish to make any use of material on our site other than that set out above, please write your request to info@cycle-services.co.uk

Links from our site

Links on the Website to other sites and resources provided by third parties, are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Suspension and Termination

We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:

1. Issue of a warning to you;

2. Immediate, temporary or permanent withdrawal of your right to use the Website;

3. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;

4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

5. Further legal action against you;

6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the privacy and acceptable use policies

We may revise our privacy policy and/or acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in the privacy policy or acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.