Terms And Conditions
Who We Are
Westbrook Cycles is a trading name of Westbrook Cycles Ltd a company operated and registered in the UK.
Registered Company Name: Westbrook Cycles Ltd
Address: Unit 9 Terry Dicken Business Park, Ellerbeck Way, Stokesley, North Yorkshire, TS9 7AE
Telephone Number: (+44) 1642 710232
Email: [email protected]
Company Registration number: 06841321
VAT Number: GB 409 2566 90
These terms and conditions help to keep this website a safe place to trade and set out the full extent of any agreement reached between you and westbrookcycles.co.uk in connection with this site. You should understand that by placing an order, you accept the following terms and conditions:
Your contract for purchases made through this web site is with westbrookcycles.co.uk
You agree that e-mail can be used as a long-distance means of communication.
No contract for the sale of any product will subsist between you and westbrookcycles.co.uk unless and until westbrookcycles.co.uk accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered, and that the goods have been shipped to the specified address. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time westbrookcycles.co.uk sends the e-mail to you (whether or not you receive that e-mail). This confirmation (not request) e-mail amounts to an acceptance by westbrookcycles.co.uk of your offer to buy goods from westbrookcycles.co.uk or a 3rd party supplier that is engaged on your behalf by westbrookcycles.co.uk.
You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
westbrookcycles.co.uk will not pass on your personal or credit or debit card details to any third party.
You undertake that all details you provide to westbrookcycles.co.uk for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
If there are any changes to the details supplied by you it is your responsibility to inform westbrookcycles.co.uk as soon as possible.
Liability
westbrookcycles.co.uk does not accept liability for any errors and omissions and reserve the right to change information, specifications and descriptions of listed goods, products and services.
westbrookcycles.co.uk will do its best to correct errors and omissions as quickly as practicable after being notified of them.
westbrookcycles.co.uk do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the westbrookcycles.co.uk website or for any products or services purchased from the westbrookcycles.co.uk.
westbrookcycles.co.uk will only be liable for direct loss up to a maximum total of the price of the product or service purchased in respect of any claim.
All electrical products are covered by a minimum 12 month manufacturer's warranty. If your product develops a fault whilst under warranty, please refer to our returns policy.
Processing Of Orders
Credit and Debit cards are debited before items are shipped by westbrookcycles.co.uk. All prices include sales taxes (where applicable) unless otherwise stated.
Every purchase you make shall be deemed performed in the United Kingdom. The law of the United Kingdom shall govern every aspect of contractual agreement concerning purchases made from this web site.
westbrookcycles.co.uk aim to arrange shipment of all in stock items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate.
Order Cancellation
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
- 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 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Guarantees
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. All Shipping costs associated with warranty will be borne by the consumer if purchased from outside the UK.
Title Of Goods
Title to the Goods shall pass to you when the Goods ordered are collected on your behalf by the delivery service provider and leave our warehouse. 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.
Installation And Use Of Goods
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.
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.
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.
Returns & Cancellations
Under The Consumer Regulations 2013 you have the right to cancel your order as long as you do so no later than 14 days after the day on which you receive the goods or service. However, this right to cancel your order does not apply to Goods which are:
- made-to-measure or custom-made or otherwise made to your specification or clearly personalised;
- newspapers, periodicals or magazines;
- perishable goods, such as food or drink;
- software, DVDs or CDs which have a security seal which you have opened or unsealed;
- Underwear;
- Used goods including footwear which have had cleats fitted
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund or an exchange. This right is limited to 30 days from the date you receive your product.
Competition Goods
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). 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.
Delivery Restrictions
Items we are unable to ship outside of the UK because of international shipping restrictions are:
- Batteries - Lead acid and Lithium
- Energy Products
- Energy Drinks
- Lubes & Degreasers
- Skin Care
- CO2 Cartridges
Other Restrictions
- Scott bikes cannot be sold outside the UK
- Cannondale bikes cannot be sold outside the UK
These restrictions are dictated by our suppliers and form part of our dealer agreements. While we may be unable to stop an item being ordered through the website, we will cancel the order before it goes into the processing stage and a full refund will be provided.
Delivery/Title/Risk
The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be part-shipped.
Title to any product ordered will pass to you once westbrookcycles.co.uk has received payment in full for that product.
If your delivery address is outside of the United Kingdom you maybe subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; westbrookcycles.co.uk advises each customer to contact their local customs office for further information.
From time to time westbrookcycles.co.uk may engage a 3rd party to fulfill orders, a contract for the sale of these products will be made between the 3rd party supplier and yourself.
Please note that when shipping products internationally you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
If your goods have been damaged in transit, you must report this to us within 30 days. If goods are visibly damaged on delivery, you must sign the delivery note stating that the goods have been damaged in transit. Once the damaged goods have been received back into our warehouse, we will dispatch a brand new replacement free of charge.
Payment Terms
Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services. Quotations are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the price of any orders placed before the variation will remain the same and no further increases will be passed to you.
Events Beyond Our Control
We shall accept no liability in respect of any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered 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.
Third Party Rights
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).
Jurisdiction
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.
Miscellaneous
It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
westbrookcycles.co.uk may amend these terms and conditions from time to time, and place the new version on the website. All purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms.
These terms and conditions shall apply when westbrookcycles.co.uk accepts your order by e-mail confirming that it has received payment in full for all the goods you have ordered. They shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between westbrookcycles.co.uk and you relating to your purchase. westbrookcycles.co.uk advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by westbrookcycles.co.uk
You are advised to read (and are responsible for reading) all information on this website fully.
European Online Dispute Resolution (ODR)
For information regarding European ODR, please click here.
Entire Agreement
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.