Cycle Alert Limited Terms of Sale

Introduction

These are the terms of sale for products sold on www.cyclealert.com (our, or this “website“). This website is operated by Cycle Alert Limited trading as Cycle Alert and Operative Alert (“we“, “us” and “our“). We are a limited company, registered in England and Wales. Our registered company number is 07516642, and our registered office is at 84 Mendip Court, Chatfield Road, London SW11 3UZ. Our VAT registration number is 129306814.

Your purchase of any of the products offered on this website(“Products“) is subject to these terms of sale and by placing an order for any Product you agree to be bound by them. You should print a copy of these terms of sale for future reference. Use of the website itself is subject to our website Terms of Use [insert link]. Use of your personal information submitted to or via the website is governed by our Privacy Policy. Please read these documents as they include important terms that apply to you.

Ordering

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Pay Now” button on the checkout page. By clicking on the “Pay Now” button, you enter into an obligation to pay for the Products in the event that your order is accepted by us.

After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number.Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products and all orders are subject to acceptance by us (at our discretion). You should check our acknowledgement email to confirm that the details of your order are correct. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Products have been despatched(“Dispatch Confirmation“). The contract between you and us in relation to the Products ordered(“Contract“) will only be formed when we send you the Dispatch Confirmation.

The Contract will relate only to those Products whose despatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Dispatch Confirmation.

Delivery

We will endeavour to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Dispatch Confirmation, unless there are circumstances or events beyond or control.

Your order will be delivered to the delivery address within the United Kingdom that you specify when placing your order. We will notify you if we are not able to deliver to your selected address. Products comprised within the same order cannot be delivered to different addresses.

Deliveries are made by Royal Mail or other mail service, or courier as selected at the time of ordering. It is not possible to specify a precise time at which a delivery will take place and please note that the courier may require deliveries to be signed for.

Risk and title

Products ordered will be at your risk from the time of delivery. Ownership of the Products ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Products, including any delivery charges, has been received by us.

Price and payment

The price of the Products is as quoted on the website from time to time. Prices include VAT (at the then applicable rate) but exclude delivery costs, which will be added (at the cost shown) to the total amount due when you view the items in your shopping basket and once you have selected your chosen delivery method.

The total cost for the Products and delivery charges will be displayed before you confirm your order, and will be set out in the Dispatch Confirmation.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

The website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the website may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the website, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

Payment for all orders must be made by credit or debit card on the checkout page through our third party payment processor. If we are unable to accept your order for any reason then we will, at our option, either not debit your credit or debit card or refund any money paid by you in respect of the order. We will not dispatch the Products until we receive payment in full.

We do not hold any of your debit or credit card details. They are passed securely to our payments processor for authorisation by your bank.

Consumer rights

If you are a consumer you may cancel a Contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after complete fulfilment of your order as set out in the Dispatch Confirmation. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (see below). All other cancellations and refunds are at our sole discretion.

To cancel a Contract, you must clearly inform us, preferably:

  • in writing (to Cycle Alert Limited, 84 Mendip Court, Chatfield Road, London SW11 3UZ), by email (to info@cyclealert.com) or by telephone (on 0800 014 7542), giving us your name, address and order reference; or
  • by completing our cancellation form available on the website, and returning it to the address specified in that form.

If you submit a cancellation form we will confirm your cancellation in writing without delay.

You must also return the Products to us at your own cost within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Products and make sure they conform to your order). 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 to deduct the cost of any deterioration, up to the price of the Product, from the refund to which you are otherwise entitled.

You do not have any right to cancel a Contract for the supply of any Products that have been personalised or made to your own bespoke specifications (if we offer such options) unless such Products were damaged or faulty when delivered to you.

To return the Products, you should package the parcel securely (making sure you include a note of your name, address and order reference (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, by hand, courier or by recorded delivery mail or other form of certified mail to the following address:

Cycle Alert Limited

84 Mendip Court

Chatfield Road

London SW11 3UZ

We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products to us.

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Dispatch Confirmation.Nothing in this section affects your legal rights.

Our refunds policy

If you cancel a Contract between us within the 14 day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within 14 days after the day on which we receive the Products back or, if earlier, the day on which we receive evidence that you have returned the Products to our returns address. We will refund the price of the Products in full (subject to any deduction we are entitled to make due to your use of or damage to the Products, or any unnecessary handling by you), including the cost of standard delivery. However, we will not reimburse your cost of returning the Products to us. If you have selected a delivery method which is more expensive than the standard delivery method (the cheapest option), we will only refund you the amount of the standard delivery charge. All other cancellations and refunds are at our sole discretion.

We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.

Faulty products

We are under an obligation to supply Products that are in conformity with this Contract. If any Product you order is damaged or faulty when delivered to you, we may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you must inform us in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights.

Product information

A description of the Products offered for sale is set out on the website. Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the website, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.

Warranty

The Products are supplied with instructions for their installation, fitting, use, testing and maintenance. Such instructions must be followed at all times to ensure the correct operation of the Products.

We warrant that on delivery, and for a period of 12 months from the date of delivery, the Products shall (i) conform in all material respects with their description, (ii) be free from material defects in material and workmanship; and (iii) be of satisfactory quality. However, we will not be liable for the failure of the Products to comply with this warranty if (i) the defect arose because you failed to follow our instructions as to installation, fitting, use, testing and maintenance of the Products, (ii) you have altered or repaired the Products, or (iii) the defect arises as a result of fair wear and tear, damage (howsoever caused after delivery), your negligence, or abnormal storage or working conditions.

Disclaimer

Cycle Alert Products: You acknowledge and accept that, whilst the Products are sold as an aid in helping to reduce the number of accidents between vehicles and cyclists by allowing cyclists to be more easily detected on the roads, the Products are no substitute for careful driving and cycling. The Products should be used as a tool in reducing risk and should not be relied upon in isolation or in substitute of any other legal obligation, best practice or other appropriate preventative or reactive safety measure (including but not limited to the rules and guidance set out in the highway code).

Operative Alert Products: You acknowledge and accept that, whilst the Products are sold as an aid in helping to reduce the number of accidents between vehicles and individuals by allowing individuals to be more easily detected, the Products are no substitute for careful vehicle operation and an individual’s awareness of their surroundings. The Products should be used as a tool in reducing risk and should not be relied upon in isolation or in substitute of any other legal obligation, best practice or other appropriate preventative or reactive safety measure (including but not limited to the rules and guidance set out in applicable construction site (and other site) regulations and compliance with the Health and Safety at Work etc. Act 1974).

Our liability

To the extent permitted by law, we exclude any express or implied warranty or guarantee that the Products will reduce or remove all risks of injury, death or damage associated with or incidental to the use and occupation of highways or other thoroughfares by vehicles, pedestrians and cyclists and disclaim any liability for any reliance on the Products for such purpose. We supply the Products as an aid to be used in accordance with the law and all other applicable regulations and you accept responsibility and liability for use of the Products at all times in accordance with such requirements.

Nothing in these terms of sale shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation; or
  • for any other liability that may not, under English law, be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract or use of the Products shall not exceed the purchase price of the relevant Products and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time the Contract is formed.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

Unless specifically set out in these terms of sale, all notices given by you to us must be given in writing to the address set out at the end of these terms of sale. We may give notice to you at either the email or postal address you provide to us when placing an order.

If any provision of these terms of sale is or becomes invalid or unenforceable then the remaining provisions will not be affected. No waiver by us of any breach of these terms shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy. These terms of sale may not be varied except with our express written consent.

We will not be responsible or liable for any failure to perform, or delay in performing, any of our obligations under a Contract that is caused by an event outside of our reasonable control. You may cancel a Contract affected by events outside of our reasonable control which has continued for more than 45 days by giving notice to us in writing and returning any Products to us.

These terms of sale and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. All conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Governing law

These terms of sale and any Contract for the supply of Products shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the courts of England and Wales, provided that, if you live in Scotland or Northern Ireland you may also bring proceedings in Scotland or Northern Ireland (as applicable).

Changes to these terms

We reserve the right to change these terms of sale from time to time by changing them on the website, although no such change will affect any order you have already placed with us.

Contacting us

If you have any questions about these terms of sale, or if you want to speak to us or make a complaint, please contact us by clicking here [Insert link to http://www.cyclealert.com/contact/], or alternatively at:

Cycle Alert Limited

84 Mendip Court

Chatfield Road

London SW11 3UZ

Version: June 2014

Cancellation Form

Cycle Alert Limited

84 Mendip Court

Chatfield Road

London SW11 3UZ

info@cyclealert.com

0800 014 7542

I hereby give notice that l cancel my contract for the purchase of the following goods:

Order Reference Number:

Ordered on:

Received on:

Names of consumer:

Email address of consumer:

Address of consumer:

Signature of consumer:

Date: