Terms and Conditions for online purchases from We Cycle
- Definitions
A.1. In these Conditions, the following shall have the following meanings:
Terms and Conditions: these terms and conditions as amended from time to time in accordance with clause J.
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 us.
Events Outside Our Control: as defined in clause I.
Goods: the goods described in your Order.
We Cycle: is the trading name of Average Man Limited (registered in England and Wales Company number 11921544) having its registered office address at We Cycle, Conwy Road Llandudno Junction Conwy Wales LL31 9BA. FCA Authorised no: 938620.
Goods: Goods purchased on the Website from We Cycle.
Order: your order for the Goods submitted by you online via the Website.
Website: means the We Cycle website (www.wecycle.co.uk).
We, us, our: We Cycle.
A.2. In these Conditions, the following rules apply:
A.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A.2.2. A reference to a party includes its personal representatives, successors or permitted assigns.
A.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.
A.2.4. A reference to writing or written includes e-mails.
- The Contract
B.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 details of the Order are correct. Please read and check your Order before confirming it.
B.2. The Order shall only be deemed to have been accepted by us when you have paid for the Goods, the payment received by us and the Goods have been dispatched. Any email, order confirmation or other electronic acknowledgement which we might send does not, of itself, constitute legal acceptance by us of your offer. We will confirm our acceptance to you by sending you an email confirming that the Goods have been dispatched (‘Confirmation of Dispatch'). The Contract between us is formed when we send you the Confirmation of Dispatch.
B.3. Your Order via the Website will be subject to stock availability and to the validation checks described below. If the Goods are not in stock or in default of any validation test your Order will be cancelled and any money paid will be refunded in full.
B2.4. We will retain details of your Order in our database and these details can be made available to you on request.
- Information about the Goods
C.1. Goods are described on the Website.
C.2. We reserve the right to amend the description of the Goods if required.
C.3. Images of the Goods on the Website are for illustrative purposes only and you cannot rely upon representations of colour online.
C.4. All weights and sizes are believed to be accurate but we cannot guarantee their accuracy and they are given only as a guide.
C.5. In the event that there are any substantive errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, the contract will be void and you will not be bound to continue with your purchase. Your Order will be cancelled, and your payment will be refunded in full. We will have no further liability for the error.
- Price and Payment Information
D.1. The price of the Goods is the price set out on the Website at the time you submit your Order.
D.2. The price of the Goods does not include delivery charges which will be as advised during the check-out process, before you confirm your Order.
D.3. The price of the Goods is inclusive of VAT (where applicable) at the current rate. 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.
D.4 We accept payment by any of the methods shown on our Website. Payments will be debited to your chosen account in the normal way
D.5 All credit and debit card holders are subject to validation checks and authorisation by the card issuer and any other validation process which we may follow from time to time. If the issuer of your payment card refuses to authorise payment to us or if you fail the validation process, your Order will be void.
- Delivery of Goods
E.1 We can only deliver to addresses within the United Kingdom. Unfortunately, we are unable to deliver to non-UK destinations, including the Republic of Ireland, the Channel Islands and BFPO addresses at this time. Please contact us if you require further details.
E.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.
E.3 The delivery charge for each item is listed on the product detail page. When you add products to your shopping basket and have chosen the delivery option the appropriate charge will be added automatically. All delivery charges will be shown clearly throughout the checkout process.
E.4 Any dates quoted for delivery are approximate only and we cannot be held liable for any costs incurred if delivery is delayed.
E.5 Once the Goods have been delivered, they will be your responsibility.
E.6 We do not accept liability for any delay in delivery of the Goods, or failure to deliver the Goods, where the delay or failure is caused either by an Event Outside Our Control or your failure to provide us with accurate delivery instructions.
E.7 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 Confirmation of Dispatch, you may cancel your Order if any of the following apply:
E.7.1 we have refused to deliver the Goods; or
E.7.2 you told us before we accepted your Order that delivery within the delivery deadline was essential.
If you do choose to cancel your Order for late delivery we will refund any sums you have paid to us for the cancelled Goods and their delivery.
F . Refunds and Returns
F.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 2014 within 14 days of receipt of Goods. This means that 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. This cancellation right does not apply to personalised and made-to-order, which may only be returned if they are faulty.
F.1a As a consumer you also have a legal right to reject a purchase under the Consumer Rights Act 2015 within 30 days. A consumer has 30 days to reject goods that were found to be unsatisfactory, not fit for purpose or not as described.
F.2 Your legal right to cancel a Contract starts from the date of the Confirmation of Dispatch but you need to let us know that you have decided to cancel by phone, email or letter sent by post.
F.3 If you cancel your Contract we will refund you the price you paid for the Goods. We are allowed by law to reduce your refund to reflect any reduction in the value of the goods to reflect any mishandling or use of the Goods by you.
F.4 Your statutory rights are not affected in any way by these Terms and Conditions.
- After-sales Service and Guarantees
G.1. Where applicable, details of manufacturers' guarantees or service arrangements will be provided with the Goods. A manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Goods that are faulty or not as described.
G.2. Warranties only apply to you personally and cannot be transferred.
- Complaints
H.1. We always try to provide a satisfactory service but if you are not happy with any aspect of our service, please contact us and we will do our utmost to help you.
- Events Outside Our Control
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 an Event Outside Our Control. An Event Outside Our Control 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.
- Variation
We amend 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.
- Communications between us (Rules about Notice)
K.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.
K.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 15.1; 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.
K.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Other Important Terms
L.1 This Contract is made exclusively between you and us. No other person shall have any rights to enforce any of its terms.
L.2 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.
L.3 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 nor will it mean that you do not have to comply with your obligations.
L.4 These Terms are governed by the law of England and Wales and the courts of England and Wales will have non-exclusive jurisdiction.