Cycle Exchange (CE) is a purchaser and seller of high-end second hand bicycles. We want to make the selling and purchasing of performance bikes easy and hassle free. If you want to sell a bike please go to Sell-a-bike to review our policy and purchasing procedure.
These terms and conditions will govern the purchase of any goods from us through our website. You should review these terms and conditions carefully before placing any orders.
Should you have any queries arising from the terms and conditions, please email us at email@example.com and we would be happy to help.
1. Interpretation and Construction
1.1 www.roadcycleexchange.com is a site operated by Connelley Limited (company number 08504810) a company registered and incorporated in England and Wales whose registered office is at Suite D, 8 The Causeway, Teddington, Middlesex TW11 0HE trading as Cycle Exchange / Road Cycle Exchange (CE). CE undertakes the business of purchasing and selling second hand high quality bicycles.
1.2 The buyer (you) shall mean any person (including a natural person, corporate or unincorporated body (whether or not having separate legal personality) including all successors, heirs and permitted assigns.
1.3 A “Business Day” is a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
1.4 The “Conditions” are these terms and conditions which will apply to the Contract.
1.5 The “Contract” is the contract between CE and you for the sale and purchase of the Goods in accordance with the terms contained in these Conditions.
1.6 The “Guarantee” is the guarantee given by CE that is adopted by CE at the time that the Contract is formed and can be found [here]. You should keep a copy of the Guarantee when making your Order.
1.7 The “Price” shall mean the amount payable to CE for the Goods and all prices are exclusive of VAT. If you are ordering from outside of the UK, please contact us at firstname.lastname@example.org as the treatment of VAT will vary and these Conditions are drafted for the purposes of UK domestic sales. Any deliveries to be made will also affect our delivery services.
1.8 The following additional definitions will apply to the Conditions:
(a) Force Majeure Event: has the meaning given in clause 9.
(b) Goods: the goods (or any part of them) set out in the Order.
(c) Order: your order for the Goods, as set out in the invoice confirmation from CE sent by email following an online purchase or made available in hard copy if a purchase is completed in store.
1.9 These Conditions shall apply to any Contract between CE and you. These Conditions are to the exclusion of any other terms that you may seek to impose or incorporate or imply unless specifically accepted and acknowledged by us in writing to you.
1.10 We reserve the right to amend errors of a technical or clerical nature without giving notice to you. You shall ensure that all details contained with the Order are correct and you acknowledge and accept that you will hold CE harmless for any error or inaccuracy in an Order.
1.11 The following additional rules apply when interpreting the Conditions:
(a) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(b) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
(c) A reference to writing or written includes faxes and e-mails.
2. Basis of contract
2.1 Once you submit your order online you will have made an offer to CE to purchase the Goods. The Contract shall only be deemed to be accepted and in force once CE issues a written acceptance of the Order detailing in full the specification of the Goods. Subject to clauses 2.2 and 6.3, following this written acceptance the Contract shall come into existence.
2.2 The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of CE which is not set out in the Contract.
2.3 Any descriptions or photos produced by CE and contained on CE's website or literature are produced for illustrative purposes to provide you with an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
CE reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirements that are in force from time to time.
4.1 CE shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, a brief summary of the Goods.
4.2 CE shall deliver the Goods to the location set out in the Order or such other location as the parties may subsequently agree (but only once such change in delivery location has been confirmed in writing by CE) (Delivery Location) at any time after CE notifies you that the Goods are ready for delivery (Delivery Date).
4.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
4.4 Any dates quoted for the Delivery Date are approximate only, and the time of delivery is not of the essence. CE shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or your failure to provide CE with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If CE fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. CE shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide CE with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.6 If you fail to accept delivery of the Goods, then, except where such failure or delay is caused by a Force Majeure Event or LCE's failure to comply with its obligations under the Contract: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the Business Day after the day on which CE notified you that the Goods were to be delivered; and (b) CE shall store the Goods until delivery takes place, and charge you for all related costs and expenses (including insurance).
4.7 If 5 Business Days after the day on which CE notified you that the Goods were ready for delivery you have not accepted delivery of them, CE may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
5. Title and risk
5.1 The title to the Goods and risk in the Goods shall pass to you on completion of delivery (but not on deemed delivery pursuant to clause 4.6).
5.2 Should you cancel the Contract prior to the Delivery Date, title will be retained by CE but risk for the Goods will pass to you until they are returned to CE by you.
6. Price and payment
6.1 CE may, by giving notice to you at any time up to 2 Business Days before the Delivery Date, increase the Price and/or Delivery Charges to reflect any increase in the cost of the Goods that is due to:
(a) any factor beyond CE's control (including but not limited to increases in taxes and duties);
(b) any request by you to change the Delivery Date, the Delivery Location or the Goods ordered; or
(c) any delay caused by any instructions of you or failure of you to give CE adequate or accurate information or instructions.
6.2 The Price is exclusive of the costs and charges of packaging, insurance and transport of the Goods (Delivery Charges).
6.3 You shall pay the Price and Delivery Charges in full at the time the Order is submitted online to CE. Until the payment of the Price and the Delivery Charges has been satisfied in full by you, the Order will not be confirmed and the Contract will not come into force.
6.4 If you fail to make any payment due to CE under the Contract (including additional costs incurred as a result of clause 6.1) by the due date for payment (due date), then interest will accrue on the overdue amount at the rate of 4% per annum above National Westminster Bank plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with any overdue amount.
7. Quality and the Guarantee
7.1 CE warrants that on delivery the Goods shall comply with the provisions of the Sale of Goods Act 1979 (as amended) and the terms of these Conditions do not effect your statutory rights save as provided for by clause 8. However, you are reminded that the Goods are predominantly reconditioned second hand goods and therefore have been subject to wear and tear.
7.2 CE provides a 3 month guarantee from the commencement of the Contract (Guarantee Period) in accordance with the terms of the Guarantee. Please review the Guarantee wording carefully.
7.3 Subject to clause
7.4, if: (a) the Customer gives notice in writing to CE during the Guarantee Period that the Goods do not comply with the Guarantee; (b) CE is given a reasonable opportunity of examining such Goods; and (c) you (if asked to do so by CE) return such Goods to CE's place of business; CE shall, wholly at its option, repair the defective Goods, offer you a replacement good for the Goods or refund the price of the defective Goods in full. 7.4 CE shall not be liable for the failure of any Goods to comply with the Guarantee in clause 7.2 in any of the following events: (a) you make any further use of such Goods after giving notice in accordance with clause 7.3; (b) the defect arises because you failed to follow CE's oral or written instructions as to the storage, use and/or maintenance of the Goods; (c) the Customer alters or repairs such Goods without the written consent of CE; (d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
7.5 These Conditions shall apply to any repaired or replacement Goods supplied by CE.
8. Limitation of liability
8.1 Nothing in these Conditions shall limit or exclude CE's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for CE to exclude or restrict liability.
8.2 Subject to clause 8.1:
(a) CE shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) CE's total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price as detailed in the Order.
8.3 If the Goods we deliver are not what you ordered or are damaged or defective, you must notify us in writing at email@example.com or by calling +44 208 9798399 within 10 Business Days of either the Delivery Date or the Collection Date, whichever is applicable in the circumstances.
9. Force majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
10. Your Cancellation Rights
10.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a legal right to cancel the contract between you and us within 14 days of delivery without giving a reason unless the product is a custom order/ bespoke order. The cancellation period will expire 14 days from the day you or a third party acting on your behalf (excluding the company that delivers the Product to you) takes physical possession of the Product you ordered. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day you or a third party acting on your behalf (excluding the company that delivers the Product to you) takes physical possession of the last Product, part, lot or piece that makes up your order. To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact our Customer Services team. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
10.2 Upon cancelling your Contract and safe return of the Goods as arranged by you at your cost (if you have taken delivery of the Goods at the time of the cancellation), any sum paid to CE for the Order will be refunded to you as soon as possible and in any event within 10 Business Days of CE’s receipt of the returned Goods subject to clause 10.3.
10.3 If the Goods returned to us by you pursuant to clause 10.2 are not in the same condition as they were delivered to you or collected by you (whichever is relevant in the circumstances), CE shall deduct all repair and/or replacement costs from the balance of the refund to be given to you. In addition, should you not pay the delivery costs for the return of the Goods, CE will deduct such costs from the refund balance due to you.
10.4 Should you cancel the Contract prior to the Goods being delivered but after them having been dispatched by CE, you must not unpack the Goods when they are received by you.
10.5 You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. Should you fail to comply fully with this obligation, we may have a right of action against you for compensation.
11. Our Cancellation Rights
11.1 CE reserves the right to cancel the Contract if:
(a) We have insufficient stock to deliver the Goods in the Order;
(b) We are unable to arrange for delivery to the Delivery Location;
(c) The Price was listed incorrectly due to a typographical error;
(d) We discover that the Goods have previously been stolen;
(e) We have reasonable reason to suspect that there is a risk of a fraudulent transaction.
11.2 If CE does cancel the Contract, you will be notified by email and a refund will be given to you on your debit or credit card as soon as possible (and in any event within 10 Business Days of the Order being cancelled. You will not be entitled to any additional compensation from CE as a result of the cancellation of your Order.]
12.1 Assignment and subcontracting
(a) CE may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
(b) You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of CE.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax [or e-mail].
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12.2(a); if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
(a) If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
12.5 Third party rights
A person who is not a party to the Contract shall not have any rights under or in connection with it.
12.6 Variation Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by CE.
12.7 Governing law and jurisdiction
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
© Cycle Exchange 2018
© Cycle Exchange 2018