Terms & Conditions
These are the Terms and Conditions of Sale for E-Citybike.com to which all online purchases are subject.
1.1. In these Conditions, the following definitions shall apply:
Business Days: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 12.
Contract: the contract between us and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer, you, your: the person who purchases the Goods from E-Citybike.com.
E-Citybike.com: E-Citybike.com Limited (registered in England and Wales with company number 11507928 with registered office address at Kemp House, 160 City Road, London EC1V 2NX.
E-Citybike.com Goods: Goods purchased on the Website from E-Citybike.com.
Force Majeure Event: has the meaning given in clause 11.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer's order for the Goods submitted by the Customer online via the Website.
Website: means the website accessible at E-Citybike.com.
We, us, our: E-Citybike.com.
1.2. In these Conditions, the following rules apply:
1.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.2. A reference to a party includes its personal representatives, successors or permitted assigns.
1.2.3. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.2.4. A reference to writing or written includes e-mails.
2. The Contract
2.1. The Order you place via the Website constitutes an offer to purchase the Goods in accordance with these Conditions. You are responsible for ensuring that the terms of the Order are correct.
2.2. The Order shall be deemed accepted by us only once the full purchase price of the Goods and any associated additional costs as per clause 4 have been received by us and the Goods have been dispatched. Any email, order confirmation or other electronic acknowledgement by us of receipt of an Order does not constitute legal acceptance by us of your Order. We will confirm our acceptance to you by sending you an email confirming that the Goods have been dispatched ('Dispatch Confirmation') whereupon the Contract between us is formed.
2.3. All Orders placed via the Website are subject to stock availability and to the validation checks described in Clause 5 below. In the unlikely event that you are able to place an Order for an item that is not available from stock, we will contact you as soon as possible. Depending on the time period for stock to arrive you may be given the option to wait for your items or your Order will be cancelled. In these circumstances, upon cancellation, you will be refunded in full.
2.4. We will retain details of your Order in our database and these details can be made available to you on request.
2.5. Where the Customer has been directed to the Website as a result of a third party site, these sites are independent from us and we are not responsible or liable for such sites. Customers should consult the terms and conditions of the site in question for more information.
3. Product Information
3.1. Goods are described on the Website.
3.2. We reserve the right to amend the product description if required.
3.3. Images of the Goods on the Website are for illustrative purposes only. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices.
3.4. All weights and sizes are supplied as a guide only and are approximate.
3.5. In the event that there are any errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel your Order and your credit/debit card or your Paypal account will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
4. Price Information
4.1. The price of the Goods is the price set out on the Website in Pounds Sterling at the time you submit your Order.
4.2. The price of the Goods does not include delivery charges which will be brought to your attention during the check-out process, before you confirm your Order.
4.3. The price of the Goods is inclusive of VAT (where applicable) at the current rate chargeable in the UK. If the rate of VAT changes between the date of Order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the Goods in full before the change in VAT. E-Citybike.com Limited’s VAT number is 304 7529 12
5. Payment Information
5.1. E-Citybike.com accepts payment by most major credit or debit cards registered at UK and European addresses, or by Paypal registered to UK and European addresses.
5.2. Please ensure that the expiry date of your credit or debit card is after the anticipated despatch date of your Order. Payment will be debited from your account just before the despatch of your Goods, and if your payment card has expired, we will be unable to take payment and fulfil your Order.
5.3. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
6. Delivery of Goods
6.1. We can only deliver to addresses within the United Kingdom and Europe.
6.2. For deliveries to non-mainland UK addresses and certain remote locations e.g. Scottish Isles, Isle of Man, Isle of Wight, Northern Ireland and the Scottish Highlands, there may be an additional surcharge imposed by our couriers and a slightly longer delivery lead-time.
6.3. All delivery charges will be shown clearly throughout the checkout process.
6.4. We may deliver the Goods by instalments if so required, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
6.5 Any dates quoted for delivery are approximate only and we are not liable for any costs incurred if delivery is delayed.
6.6. Delivery of an Order shall be completed when we deliver the Goods to the delivery address given in the Order.
6.7. The Goods will be your responsibility from the time of delivery. For the avoidance of doubt, if the Goods arrive in a damaged condition, then you must inform us within 48 hours of receipt by email to our contact address. Small markings on the Goods caused by the way that the Goods are handled by couriers would not constitute damage for the purposes of this Contract.
6.8. Where the courier is unable to deliver the Goods, they will either attempt to deliver to a neighbour, attempt to redeliver the following day, leave a card for you to rearrange a suitable time for redelivery or leave the parcel at your local Post Office for you to collect.
6.9. We shall have no liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by a Force Majeure Event or the Customer's failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.10 If we miss our estimated delivery deadline for the Goods or, in the absence of any estimate being given, the date 30 days after the Dispatch Confirmation, you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your Order that delivery within the delivery deadline was essential.
6.11 If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 6.10 you can give us a new deadline for delivery which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
6.12 If you do choose to cancel your Order for late delivery under clause 6.10 or clause 6.7, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Goods and their delivery.
7. Refunds and Returns
7.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days of receipt of Goods provided they have not been used. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund provided that the Goods are repackaged in the manner which they were delivered to you.
7.2 However, this cancellation right does not apply in the case of the following which may only be returned if they are faulty:
(a) personalised and made-to-order products;
(b) any Goods which become mixed inseparably with other items after their delivery.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract End of the cancellation period
Your Contract is for Goods which are not delivered in instalments on separate days. The end date is the end of 14 days after the day on which you receive the Goods. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Goods on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for Goods which are delivered in instalments on separate days. The end date is 14 days after the day on which you receive the last instalment of the Goods or the last of the separate Goods ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Goods on 10 January and the last instalment or last separate item of your Goods on 15 January you may cancel in respect of all instalments and any or all of the separate Goods at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of Goods over a set period. The end date is 14 days after the day on which you receive the first delivery of the Goods.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Goods to be delivered at regular intervals over a year and you receive the first delivery of your Goods on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Goods to arrive during the year.
7.4 To cancel a Contract with E-Citybike.com, you need to let us know that you have decided to cancel. If you wish to exercise this right, please contact the E-Citybike.com Team, by phone, email or letter sent by post. If you are e-mailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.5 If you cancel your Contract with E-Citybike.com, E-Citybike.com will:
(a) refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Goods and we have not offered to collect it from you:
(aa) 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us.
(ii) if you have not received the Goods or you have received it and we have offered to collect it from you:
(bb) 14 days after you inform us of your decision to cancel the Contract.
7.6 If you have returned the Goods to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges.
7.7 We will refund you on the credit card or debit card used by you to pay.
7.8 If Goods have been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back (and we recommend using a trackable service and obtaining proof of postage), or hand it to our authorised carrier. You must take reasonable care to ensure that the Goods are not damaged in transit; this includes ensuring that they are securely packaged. E-Citybike.com cannot be responsible for lost or damaged returns.
(b) unless the Goods are faulty or not as described you will be responsible for the cost of returning the Goods to us. If the Goods cannot be returned by post, we may offer to collect the Goods from you in which case we will charge you the direct cost to us of collection.
7.9 Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Conditions.
7.10 Due to the speed of our ordering process, E-Citybike.com may not be able to cancel your order before despatch. If you exercise your right to cancel prior to you receiving the Goods, E-Citybike.com will attempt to stop the goods in transit, however if this is not possible and the Goods are delivered, you will be able to return your Goods in line with your rights outlined above.
8. After-sales Guarantees
8.1. Where applicable, details of manufacturers' guarantees or service arrangements will be provided with the Goods.
8.2. All warranties are non-transferable and only apply for the original Customer. Please note that, if you buy Goods with an E-Citybike.com warranty, we are guaranteeing that those Goods will work during the warranty period. If you replace the Goods during the warranty period, the warranty does not start again. You will only benefit from the remaining period of the original warranty. This does not affect your statutory rights if the Goods are faulty or not as described.
8.3. We are under a legal duty to supply goods that are in conformity with the contract.
9. Complaints and Queries
If you are not happy with any aspect of our online service, discover a fault with our Website, or if you have any queries or comments relating to an order placed online, please contact us and we will do everything we can to help you.
10.1 Nothing in these Conditions shall limit or exclude E-Citybike.com's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for E-Citybike.com to exclude or restrict liability.
10.2 Subject to clause 10.1:
(a) E-Citybike.com shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) E-Citybike.com's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.
11. Force Majeure Event
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 a Force Majeure Event. A Force Majeure Event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
E-Citybike.com amends these Conditions from time to time. Each time you order Goods from us, the Conditions in force at the time of your Order apply to the Contract between you and us.
13. Communications between us
13.1. Any notice or other communication given to the Customer under or in connection with the Contract shall be in writing (including email), addressed to the Customer at the address that the Customer has specified to us in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
13.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 13.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
13.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14. Other Important Terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Conditions.
14.2 You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.
14.3 Subject to clause 2.7, this Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 These Terms are governed by English law. This means a Contract for the purchase of Goods through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if 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.
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