
TERMS &
CONDITIONS
General
1. 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.
2. 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 Easy Pedal, 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 Easy Pedal for the Goods, and the amount paid to the delivery service provider, if applicable, for the supply of delivery services, unless otherwise stated.
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 Easy Pedal. 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.
The Contract
7. After placing an order, you will receive an email from us that acknowledges our receipt of your order for the Goods, and the delivery services, if required, you have requested from the delivery service provider (the “Order Acknowledgement”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Easy Pedal to buy our Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms all of the relevant details of your order and sets out the expected dispatch and delivery dates for the Goods (the "Order Confirmation"). The contract between you and easy Pedal will only be formed when we send you the Order Confirmation.
8. The contract will relate only to those Goods whose dispatch (by the delivery service provider) we have confirmed in the Order Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Order Confirmation.
9. All delivery orders are subject to full payment, bespoke or collection items are subject to a non refundable deposit, of 30% on a full bike setup, and 50% on a kit.
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How to cancel/return Goods
9. You may request a cancellation for your ordered Goods, up to 3 days before your delivery date or 2 days before your collection date, any deposit will be retained at Easy Pedal’s descension according to the above Term, and cannot be processed once the goods have been dispatched, in this instance please see the returns policy below.
10. In order to return your unused, unwanted Goods you should follow our returns and cancellation procedure which you will receive via email upon a return request, please note that all packages must be returned unopened and unused, any wear or damage will result in either the return being refused, or a fee being charged from your refund.
11. If you have received the Goods before you cancel your order then you must send the Goods back to us at your own cost and risk. If you cancel your order 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 your own cost and risk as soon as possible. If they are not received within 28 days of dispatch, then the return will be cancelled.
12. Once we have received and inspected your return, Easy Pedal will issue you the relevant refund, please note that Easy Pedal reserve the right to refuse a return of items that have been damaged due to install by anyone other than ourselves, has been used outside of the recommendations, or due to owner negligence.
13. You are responsible for the cost of returning any Goods to Easy Pedal. If you do not return the Goods delivered to you, we shall be entitled to retrieve the costs of recovering the Goods from you.
14. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
15. For all complaints please contact Easy Pedal using the contact details found on our contact us page
What happens if your Goods are faulty?
16. Please contact us through our website easypedal.uk to discuss and we will aim to resolve the issue as quickly as possible. Easy Pedal will work with you to ensure that you receive a resolution that is in compliance with your consumer rights.
17. Please note that in the event of a damaged or defective product claim, you shall be required to return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection) and you confirm that it shall be reasonable for us to inspect such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any damage, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the damage, defect or failure.
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Cancellation by Easy Pedal
18. We reserve the right to cancel the contract between us if:
• We have insufficient stock to deliver the Goods you have ordered;
• The delivery service provider does not deliver to your area;
• 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; or
• We have reason to suspect that there is a risk of a fraudulent transaction.
If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), from your debit or credit card as soon as possible but in any event within 14 days of the date of cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.
Guarantees
19. 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. Easy Pedal do offer a full warranty for 12 months from collection, on all Bespoke bicycles only.
Title
20. Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave us. 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.
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Liability
21. If the Goods we deliver are not what you ordered or are damaged or defective, please contact us as soon as possible on +44 (0) 7486 541833 so that we can resolve the issue. All such issues are dealt with on a case by case basis.
22. 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.
23. 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 Easy Pedal 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.
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Installation and Use of Goods
24. Any advice given by our agents or servants during 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.
25. 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.
26. 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.
27. All Goods shall be protected from the elements, Units are water resistant, and should never be submerged, or exposed to excessive wet conditions. When not in use it is the users responsibility to ensure that sufficient measures are taken to protect the unit from water and damp.
28. The User is responsible for the upkeep and maintenance of all Goods, with due diligence, Failure to comply withany of these terms will void any warranty.
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Competition Goods
29. 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.
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Events Beyond our Control
30. 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.
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Third Party Rights
31. 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).
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Jurisdiction
32. 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. Easy Pedal 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.
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Entire Agreement
33. 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.
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Changes to these terms and conditions
34. 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.
