By clicking the “I Accept” check box, you confirm that you accept these terms and conditions (“Terms”). Please make sure that you read these Terms carefully before you click the “I Accept” check box.
If you do not accept these Terms, you will be unable to complete your order.
In these Terms the following terms shall have the meanings set out below:
“Event Outside Our Control” shall have the meaning given in clause 13.3
“Goods” shall mean the item(s) detailed in the appropriate section of the Order Acknowledgement supplied by Us, including Your Bicycle and Custom Fit Products.
“Your Bicycle” shall mean the bicycle that you have chosen in the ‘bike build’ part of our website and as detailed in your Order.
“Price” shall mean the sum payable by you for the Goods which shall include VAT at the appropriate rate unless otherwise stated, as detailed in the Order Acknowledgement.
“Working day” shall mean any day excluding Saturdays, Sundays and public holidays in England.
‘Calendar day’ shall mean any day including Saturdays, Sundays and public holidays.
“Custom Fit Products” shall mean those Goods which by their nature and design must be tailored and adjusted to your specific requirements, including but not being limited to Your Bicycle.
“Order Acknowledgement” shall mean the written confirmation provided by Us as Our acceptance of your Order.
“Order” shall mean the order for the Goods and or Your Bicycle.
“We/Our/Us” - shall mean ARCC Innovations Limited, Pampisford Road, Great Abington, Cambridge CB21 6AH. Company registration number 8028128, registered in England.
We may revise these Terms at any time to reflect any changes in relevant laws and regulatory requirements or to reflect any adjustments in price but will give you at least 30 days’ written notice of any changes to these Terms before they take effect. You can chose to cancel this contract in accordance with clause 10 if you do not agree to Our revised Terms.
2. Our contract with You
2.1. These Terms shall apply to the sale by us of all Goods purchased by you.
2.2. Your Order will be placed with Us once you have completed the online checkout process. As part of Our online checkout process you will be given the opportunity to check your order and correct any errors. Once you have placed your Order You will not be able to make any changes unless they are in accordance with clause 3.3.
2.3. When you place your Order with Us, this does not mean that we have accepted your order for the Goods. Our acceptance of an Order will take place when We have e-mailed you an Order Acknowledgement detailing the Goods that you have ordered at which the point the Terms will become binding on you and Us and a contract shall come into existence between you and Us.
2.4. If We are unable to provide you with the Goods, we will inform you of this and We will not process the Order.
2.5. We shall provide you with an order number for your Order and inform you of it when We send you an Order Acknowledgement. Please use this number in all subsequent correspondence with us relating to your Order.
3. Changes to the order terms
3.1. We may, from time to time, make changes to Your Order or the Goods in order to comply with applicable statutory requirements, provided that such changes do not materially affect the nature or the Price of the Goods. We shall provide you with 30 days’ written notice of any changes and any changes in the Price and if You are not happy with the changes you are entitled to cancel the contract in accordance with clause 10.
3.2. If Goods ordered by you are not available we shall contact you and offer you the option of either ordering alternative Goods or cancelling your Order. In the event that we are unable to contact you after a number of reasonable attempts and within 10 working days by using the contact details that you provided in your Order the contract will be cancelled and any sums that you have already paid to us in respect of the Goods shall be refunded to you within 30 days to the account details that you provided in your Order.
3.3. You may make changes to your Order by contacting us at any time before we dispatch the Goods, except in the case of Custom Fit Products. Where a requested change means a change in the total Price payable for the Goods, We will notify you of the amended Price in writing. You can choose to cancel your Order in accordance with clause 10.
3.4. If you choose to cancel your Order prior to it being fulfilled, please see your rights to do so in clause 11. In the case of Custom-Fit Products, unfortunately, because We make these Goods to your specific requirements, you will not be able to cancel an Order once it is made.
3.5 We may refuse to accept an Order where we cannot obtain authorisation for your payment or contact details or if there has been a pricing or product description error. If we have received payment, we will refund you within 30 days.
3.6. The images on our website are for illustrative purposes only and Goods may vary slightly from those images. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours will accurately reflect the colour of the Goods. The ‘bike build’ part of our website has been built around a real photographed bicycle and is for illustrative purposes only and we cannot guarantee that the visual appearance of your ‘bike build’ will match that of Your Bicycle.
4.1. All prices include VAT (where applicable) at the current rates.
4.2. The Price to be paid by you is that displayed on our website at the time when your Order is received by us or as detailed in the Order Acknowledgment. Our Prices may change from time to time, but price changes will not affect Orders that We have confirmed with you.
4.3. All prices include delivery.
4.4. It is always possible that, despite our best efforts, some Goods that We sell may be incorrectly priced. In the event that we discover a genuine error in the Price for the Goods ordered by you as displayed on our website, we shall notify you as soon as possible providing you with the option of either reconfirming the order at the correct Price or cancelling the order. If we are unable to contact you within 10 working days or if you fail to either reconfirm or cancel the Order within this period, your order shall be cancelled and where you have already made payment for the Goods this amount will be refunded to you in full.
5.1. Payment for the Goods shall be due at the time you place your Order and payment can be made by credit or debit card. We accept payment with MasterCard, Visa and Maestro.
5.2. Unless due to Our fault, if payment for the Goods has not been received in full and in cleared funds within 7 working days of You placing Your Order we shall be entitled at our option to cancel your Order by notice to you in writing.
5.3. Payment for Goods shall only be accepted in GBP sterling. Unless otherwise agreed in writing, any payment received from you in any other currency will not be deemed to be payment for the Goods in question.
6.1. We will do our best to ensure that the Goods are packaged in a way to prevent them from getting damaged and the packaging of the Goods shall be entirely at Our discretion. However, we are not responsible for any damage which occurs once the Goods are in transit. If you believe that the Goods have been damaged whilst being delivered, please contact Us.
7.1. Please note that timescales for delivery will vary depending on the availability of the Goods and your address. Where possible, we aim to complete your Order ready for despatch within 3-5 Working Days of sending the Order Acknowledgment, however during peak periods this can be up to 5-7 Working Days. We will contact you with an estimated delivery date which will be within 30 days after the day that we send an Order Acknowledgment. We shall not be held responsible for any delays in delivery caused by circumstances beyond our reasonable control, please see clause 10 which sets out Our responsibilities if and when this happens. If delivery is delayed for more than 30 days after the anticipated delivery date you shall be entitled to cancel the contract and we shall provide you with a refund in accordance with clause 10.
7.2. We will deliver Goods ordered by you by courier or Royal Mail unless you have selected to collect your Goods when placing your Order.
7.3. Where you have selected to collect the Goods, we will notify you by e-mail and arrange a convenient date and time for collection.
7.4. Upon collection of your Goods you shall be required to present our staff with your Order Acknowledgement and photographic identification.
7.5. Where you have selected delivery of your Goods, we shall arrange delivery by courier to the delivery address specified by you in your Order.
7.6. If you fail to take delivery of the Goods within a period of 15 working days of our written notification that delivery can take place, the Goods will no longer be available for delivery. Unless your failure to take delivery of the Goods is due to our fault, we shall be entitled to store the Goods until actual delivery and charge you for the reasonable costs of storage (including insurance) and re-delivery. You must use the Contact Us page on our website to arrange re-delivery or contact us at the details provided in clause 11.3.
7.7. Where we inform you of delays, you will have the right to cancel your order or accept our revised projections for delivery.
8. Guarantee of Goods
8.1. The bike frame and pod system are covered by a 5 year warranty. This 5 year warranty excludes the following components of the bike frame and pod system: (i) tyres, (ii) inner tubes, (iii) chains, (iv) sprockets, (v) brake pads, and (vi) brake cables. The pod system does not include the motor which is covered by a separate 2 year warranty. The Bosch battery is covered by a 2 year manufacturer’s warranty. The warranties are available to you on request but do not apply in the circumstances described below in clause 8.2.
8.2. This guarantee does not apply to any defect in the Goods arising from:
8.2.1. fair wear and tear;
8.2.2. wilful damage, abnormal storage or working conditions, accident negligence by you or a third party;
8.2.3. if you fail to operate or use the Goods in accordance with the user instructions;
8.2.4. any alteration or repair by you or by a third party who is not one of Our authorised repairers; and
8.2.5. any specification provided by you.
8.3. These warranties are in addition to, and do not affect, your legal rights in relation to the Goods that are faulty or not as described.
9. Risk & Title of Goods
9.1. Risk of damage to or loss of the Goods shall pass to you at the time of delivery or if you wrongfully fail to take delivery then risk shall pass to you at the time when we have tendered delivery of the Goods, but you shall not be responsible for any damage to the Goods caused by our negligence.
9.2. Ownership of the Goods shall pass to you once We have received payment in full.
10. Cancellation of the contract
10.1. Unless the Goods have been personalised or otherwise made to your specification or you have ordered Custom Fit Products, you may cancel the Contract at any time after you place your Order up to 14 calendar days from the day of delivery of all the Goods.
10.2. If you cancel the contract in accordance with clause 10.1 above and you have made payment in advance for the Goods We will refund these amounts to you within 30 calendar days from the date of your cancellation or within 30 calendar days of receipt of the returned Goods direct to the payment method you originally used for your purchase minus any associated standard initial delivery or collection costs.
10.3. If you cancel an Order for Goods in accordance with clause 10.1 which We have already dispatched to you, We will not be able to cancel your Order until the Goods are returned to Us and inspected by Us. In these circumstances, you will be required to return the Goods to Us in accordance with clause 14 below and We will charge you the costs of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but We will deduct from the refund that is due to you any charges for delivery, collection and/or charges relating to damage to the Goods following Our inspection.
10.4. You have the right to cancel this contract if We are affected by an Event Outside Our Control or We change these Terms under clause 1 to your material disadvantage.
10.5. In the event that We have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock, we will:
10.5.1. promptly contact you to let you know;
10.5.2. if you have made any payment in advance for the Goods that have not been delivered to you, refund these amounts to you;
10.5.3. where We have already started work on your Order for made to measure goods or Customer Fit Products by the time that We have to cancel under clause 10.5, not charge you anything and you will not have to make payment.
11. Notice to cancel
11.1. Should you exercise your right to cancel you must provide Us with a clear statement of your decision to cancel the contract either:
11.1.1. by writing to Us at the address outlined in clause 11.3
11.1.2. by calling Us on telephone number 01223 893290; or
11.1.3. by sending an email to the address in clause 11.3.
11.2. You may provide the necessary clear statement to Us by using the model cancellation form set out in Appendix A to these Terms, but you do not have to do so. You may also want to keep a copy of the model cancellation form for your own records.
11.3. If you have any concerns or need to contact us please e-mail us at email@example.com or write to us at ARCC Innovations Ltd, Pampisford Road, Great Abington, Cambridge CB21 6AH.
12. Return of Goods
12.1. You must take reasonable care of the Goods whilst they are in your possession.
12.2. If you are returning the Goods they will be your responsibility until they are received by Us, in a satisfactory condition, and we would recommend that you used a recorded delivery method such as an insured delivery service when returning the Goods.
12.3. Your right to return the Goods to Us will not apply to any Goods that we have made or customised specifically for you, including but not being limited to any Custom Fit Products, however, this does not affect your statutory rights.
12.4. You may return faulty Goods for a full refund or exchange, at no additional cost, however please note the time conditions applied in clause 8 above.
12.5. If you cancel your Order and We have delivered the Goods to you, you are not permitted to use or attempt to fit/assemble the Goods aside from your need to assess them for suitability and you will need to return all product packaging with the Goods to repackage the Goods appropriately to ensure that We receive them in a satisfactory condition by us at our address set out in clause 13.3.
12.6. Where Goods have not been received by Us and you have not supplied any proof of posting to Us within 14 days of your notice of cancellation we will: contact you to arrange to have the Goods collected at a mutually convenient time during the following 14 calendar days (excluding Saturdays and Sundays); advise you of the cost of collecting the Goods; deduct the cost of collecting Goods from any refund that we may owe you; and We shall not be liable to refund you if the Goods are not received back and no proof of postage is supplied to Us.
12.7. You are required to return the Goods as soon as We receive your written notice of cancellation.
12.8. If you believe that you have received damaged or faulty Goods or we delivered incorrect or substituted Goods, where the substituted item(s) were not agreed prior to despatch, you will need to either return the Goods to us at your cost, or alternatively allow us to collect the Goods, for examination to take place at our premises. The reasonable cost of packaging and carriage of Goods returned by you will be reimbursed by Us if the Goods are found to be damaged or defective and you shall be liable to pay us for any reasonable costs incurred by us collecting Goods found not to be defective. To enable Us to inspect the Goods, we ask that you give us a reasonable opportunity to inspect the Goods.
12.9. If, after We inspect the Goods we agree that the Goods are damaged or faulty, We shall either replace the Goods (or the part in question) found to be defective at Our cost or refund to you the Price (or a proportionate part of the Price) of the relevant part of the Goods found to be damaged or faulty.
13. Our Liability to You
13.1. Nothing in these conditions excludes or limits our liability for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentations or breach of any terms supplied by Statute.
13.2. Subject to condition 13.1 above we shall not be liable for any losses which are not foreseeable. Loss is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we both entered into this contract.
13.3. We only supply the Goods for domestic and private use. You agree not to use the Goods for commercial, business or re-sale purposes, and We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
13.4. We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of our obligations in relation to these Terms , if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any failure of a utility service or transport network or failure of public or private telecommunications networks, act of God, war, riot, terrorist attack or threat of terrorist attack, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, explosion, flood, storm, earthquake, subsidence, epidemic or other natural disaster, or default of supplier or sub-contractors or inability to obtain materials required for performance of Our contract with you.
13.5. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
13.5.1. We will contact you as soon as reasonably possible to notify you; and
13.5.2. our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
13.6. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods to You. Please see your cancellation rights under clause 10. We will only have the right to cancel the contract if the Event Outside Our Control continues for longer than 4 weeks, in accordance with Our cancellation rights outlined in clause 10.5.
14. Governing law and jurisdiction
14.1. These Terms and any dispute arising in connection with these Terms shall be governed by and construed in accordance with English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts to settle any dispute or claim arising in connection with these Terms or the formation, existence, construction, performance, validity or cancellation of these Terms save where you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.1. We may assign or transfer Our rights under these Terms or any part of them to another organisation and we will notify you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under these Terms.
15.2. The contract is between you and Us. No other person shall have any rights to enforce any of its terms and you shall not be entitled to assign the terms of the contract without Our prior written consent which we shall not refuse to give without good reason.
15.3. We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
15.4. Each of the paragraphs under these Terms operates separately. If any provision of these Terms are held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions shall remain in full force and effect.
15.5. If either you or We fail or delay or compromise in exercising a right or remedy under these Terms, the right or remedy is not to be treated as having been waived, restricted or varied and any agreement by either you or us to refrain from exercising a right in one particular instance will not prevent you or Us from exercising it in full in the future.
Appendix A - Model cancellation form
To, ARCC Innovations Ltd, Pampisford Road, Great Abington, Cambridge CB21 6AH or email at firstname.lastname@example.org:
I hereby give notice that I cancel my contract with you for the supply of Goods.
Ordered on: [please provide the date you received your Confirmation from ARCC Innovations Ltd]
Name of Customer: [please provide your name]
Address of Customer: [please provide your address]
Signature of Customer(only if this form is notified on paper):