Terms and Conditions

STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of goods by HIKOBIKE UK LTD, a Private Limited Company registered in England under number 13503771, whose registered address and main trading address is Unit 4 Cedar Court, Tiverton Business Park, Lowman Way, Tiverton, England, EX16 6GT.

1. Definitions and Interpretation

• In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.

2. Information About Us

• HIKOBIKE UK LTD is a Private Limited Company registered in England under number 13503771, whose registered address and main trading address is Unit 4 Cedar Court, Tiverton Business Park, Lowman Way, Tiverton, England, EX16 6GT.

3. The Contract

• These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
• Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
• A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
• We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
  • The main characteristics of the Goods;
  • Our identity (set out above in Clause 2) and contact details (set out below in Clause 11);
  • The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
  • Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
  • Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
  • Our complaints handling policy;
  • We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;
  • Where applicable, details of after-sales services and commercial guarantees;
  • Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
  • Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.

4. Description and Specification of Goods

• We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our salespeople. We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process and differences in the colour reproduction of electronic displays.
• If you receive any Goods that do not conform to illustrations, photographs or descriptions under sub-Clause 4.1 you may return those Goods to Us as provided in Clause 8.
• If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us for non-compliance with the description as provided in Clause 8.  If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.
• We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
• Bespoke Goods are available from Us. If you Order bespoke Goods from Us, We will alter those Goods to your specifications and requirements. 
• When placing an Order for bespoke Goods, please ensure that all information that you provide to Us is correct, accurate and complete. We cannot accept the return of any bespoke Goods if the return is due to incorrect information provided by you.  Please note that this does not affect your legal rights (including but not limited to those described in these terms and conditions).

5. Orders

• All Orders for Goods made by you will be subject to these Terms and Conditions.
• You may change your Order at any time before We despatch the Goods by contacting Us. This does not apply to bespoke Goods.  We will only accept changes to Orders for bespoke Goods if We are reasonably able to accommodate your request without additional work.  
• If your Order is changed We will inform you of any change to the Price in writing.
• You may cancel your Order at any time before We despatch the Goods by contacting Us. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 Calendar Days.  This does not apply to bespoke Goods (unless you are cancelling under sub-Clause 10.2.5 due to an event outside of Our control).  We will only accept an Order cancellation for bespoke Goods if We have not yet begun making or altering the Goods.  If you request that your Order be cancelled, you must confirm this cancellation in writing.
• We may cancel your Order at any time before We despatch the Goods in the following circumstances:
  • The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
  • An event outside of Our control continues for more than three months (please see Clause 10 for events outside of Our control).
• If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 Calendar Days. If We cancel your Order, the cancellation will be confirmed by Us in writing.

6. Price and Payment

• The Price of the Goods will be that shown on our website at the time your Order is accepted and you receive Order Confirmation. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
• If We quote a Special Price which is different to the Price shown on our website, the Special Price will be valid for one week or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
• Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
• We have made every reasonable effort to ensure that Our Prices, as shown on our website are correct. Prices will be checked when We process your Order.  If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised).  If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.
• If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
• All payments for Goods must be made in advance before We can despatch the Goods to you.
• If you do not make payment to Us by the due date as shown on the invoice We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.
• The provisions of sub-Clause 6.7 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is on-going.

7. Delivery

• Please note that delivery is currently only possible within the United Kingdom.
• When We provide you with an Order Confirmation, We will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control.  Unless agreed otherwise, the Goods will be delivered without undue delay and in any case no later than 30 Calendar Days after the date on which the Contract is formed.
• If you indicate in your Order that you wish to collect the Goods from Us yourself you may do so after receiving Our Order Confirmation, during Our business hours of 9.00am – 6.00pm, Monday to Saturday, and 10.00am – 4.00pm on Sundays.
• Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods or, if you are collecting the Goods from Us yourself, when you have collected the Goods.
• If for any reason We are unable to deliver the Goods at your chosen delivery address, We will leave a note informing you that the Goods have been returned to Our premises, requesting that you contact Us to arrange re-delivery.
• The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you. Please note, however, that if you do not wish to collect the Goods and do not wish to use Our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods will pass to you as soon as they are passed to your chosen carrier.
• You own the Goods once We have received payment in full for them.
• Please note carefully the following:
  • If We refuse to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.
  • If delivery of the Goods within the agreed time period or at the agreed time was essential (taking into account the relevant circumstances at the time the Contract was formed) and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you without undue delay.
• If any of the events in sub-Clause 7.8 occur you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If We continue to fail to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.
• If, despite the events in sub-Clause 7.8 and 7.9, you choose not to treat the Contract as being at an end, your right to cancel your Order or to reject the Goods will be unaffected. If you do so, We will reimburse you without undue delay.

8. Faulty, Damaged or Incorrect Goods – please see our Returns Policy. 

9. Our Liability

• We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
• Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

10. Events Outside of Our Control (Force Majeure)

• We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
• If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
  • We will inform you as soon as is reasonably possible;
  • Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
  • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
  • If the event outside of Our control continues for more than three months We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
  • If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4

11. Communication and Contact Details

• If you wish to contact Us, you may do so by email at hikobikeuk@gmail.com.

12. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Notice.

13. Other Important Terms

• We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
• You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
• The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
• If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
• No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

14. Governing Law and Jurisdiction

• These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
• As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.
• Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.