The conditions below describe the terms on which we supply any of the Products listed on our website www.velobin.com (“Our Site”) and the scope of our Warranty and Extended Warranty. Please read these terms & conditions before ordering any Products. By ordering any of our Products, you agree to be bound by these terms and conditions. They do not affect your statutory rights.
Please note that the Extended Warranty is optional. The Extended Warranty can be registered within 28 days of your purchase.
1. INFORMATION ABOUT US
We are Velobin Limited, a company registered in England and Wales under company number 12993054 and with our registered office at 202 Fazeley Street, Birmingham B5 5SE, UK.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the “Order Acknowledgment”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (“Despatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Despatch Confirmation.
2.2 The Contract will relate only to those Products we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we have confirmed acceptance of your order for those other of such Products within a separate Despatch Confirmation.
3. CONSUMER RIGHTS
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 7 below).
3.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk and in accordance with Our Returns Policy. You have a legal obligation to take reasonable care of the Products 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.
3.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Acknowledgement. This provision does not affect your other statutory rights as a consumer.
4. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Despatch Confirmation, unless there are exceptional circumstances.
5. RISK AND TITLE
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6. PRICE AND PAYMENT
6.1 The price of the Products and our delivery charges will be as quoted on Our Site from time to time, except in cases of obvious error.
6.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
7. OUR REFUNDS POLICY
7.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the 14-day cooling-off period (see clause 3.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of receipt of the Product. In this case, we will refund the price of the Product in full, and any applicable standard delivery charges. You will be responsible for the cost of returning the item to us.
(b) for any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of receipt of the Product once we have inspected it. We will refund the price of a defective Product in full, any applicable standard delivery charges and any reasonable costs you incur in returning the item to us.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8.1 We warrant to you that any Product purchased from us through Our Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. In these respects we warrant Products during the Warranty Period.
8.2 Subject to conditions 8.5 to 8.7, we will rectify defects affecting Products which are clearly attributable to material and/or manufacturing faults, provided they are reported immediately after being identified, and within 12 months of the date of purchase (Standard Warranty Period) and for a further period of 48 months from and including the date after the last day of the Standard Warranty Period (Extended Warranty Period) (together the Warranty Period).
8.3 Warranty provision for the Extended Warranty Period will be subject to and contingent upon registration of the Extended Warranty within 28 days of your purchase of the Product. In applying for an Extended Warranty you consent to receive marketing messages by email and/or SMS. You may opt out of future marketing at any time.
8.4 The Extended Warranty Period extends to the original purchaser of Velobins only, and does not extend to subsequent owners or optional extras or any other Products.
8.5. The warranty does not extend to:
(a) cosmetic parts, locks or consumable items;
(b) minor variances from nominal features of no significance to the Product’s fitness for purpose;
(c) damage caused by misuse, overloading, accidents or animals; and
(d) exceptional environmental conditions, inappropriate operating conditions, or the Product having come into contact with unsuitable materials.8.6. This warranty does not apply to loss or damage outside of our reasonable control, such as transport damage for which we are not responsible; improper installation and assembly; improper use; non-domestic use; poor maintenance or failure to observe operating or assembly instructions.
8.7. We reserve the right to invalidate this warranty if repairs or other interventions are performed by persons not authorised by us to take such action, or if our Product is fitted with non-original spare parts, extras or accessories or in the event of physical or verbal abuse towards any member of our staff.
9. OUR LIABILITY
9.1 Subject to clause 9.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and we will not be liable for indirect or consequential losses (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
9.2 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987;
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
11.2 You may not transfer, assign, charge, or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) delivery delays;
(c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(d) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12.4 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
12.5 A waiver by us of any default will not constitute a waiver of any subsequent default.
12.6 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
14. ENTIRE AGREEMENT
These terms and conditions constitute the whole agreement between us and supersede all previous discussions, correspondence or agreement between us.
15. LAW AND JURISDICTION
Any dispute or claim will be subject to English law and the exclusive jurisdiction of the courts of England and Wales.